1. Applicability

These terms and conditions serve as the governing pillars of the legal relationship between the tour operator Wanderung Guides Private Limited/Yo Tours BV (hereafter referred to as "Yo Tours") and the tour participant(s), as well as any third parties who may be booking tours on behalf of these participant(s) or acting as agents for the tours (hereafter referred to as "Customer(s)"). These terms and conditions apply to all the services offered by Yo Tours (hereafter referred to as "Tour(s)") and their expert guidance unless the tour guiding is provided by a third-party, in such cases, Yo Tours will act as a humble intermediary/agent; however, all such activities will be carried out in accordance with the third-party provider's terms and conditions. These terms and conditions are an inseparable part of every individual contract, regardless of the medium used to make the booking.

2. Booking Contract

Bookings can be made online through this website or through distribution channels like online travel agencies, hotels, hostels, tourist information centers, social media platforms etc. by internet, telephone, e-mail, fax or in person. If bookings for Customers are made by third parties (including bookings of Customers for other Customers), such third parties are liable both for payment of the booked service and Customers' agreement to these terms and conditions. The contract between the Customer or the third party making the booking, respectively, and Yo Tours is concluded with the unconditional acceptance of the booking by Yo Tours. Through the booking, the Customer as well as any third party making the booking accept the present terms and conditions as binding. Yo Tours will not accept any non-binding reservations.

3. Rates and Terms of Payment

The Tour price per person (hereafter "Tour Price") is stated on the product page of each product. All prices include GST/VAT as applicable. Prices are subject to change at the discretion of Yo Tours. Full payment is due at the time of making the booking.

4. Participation is Voluntary

Participation in any or all the tours is strictly voluntary, and our guides, drivers, business partners and Yo Tours reserve the right to deny participation to anybody for any reason at any time. As in all human endeavours, there is a level of risk, we do our best to keep the risk to a minimum. Yo Tours its contractors, business partners, parent and subsidiary companies or businesses, management team, shareholders, partners, tour guides, drivers and employees assume no liability or responsibility for any injury, disease, loss, damage, or inconvenience of any kind, sustained by any person using its services, nor to their property.

Our terms of admission and disclaimer for specific tour types are shared below:

WALKING TOURS

1. Free Walking Tours are intended for the enjoyment of individual customers. The tours are operated on a contribution only basis and there is no upfront cost to access the tour. Pre-Booking gives you priority onto the tour over guests with no reservation in the case a tour is oversubscribed. It saves you from waiting in line upon presenting yourself before the tour to a Guide. However, we do require that you do so no later than 15 minutes before the start of the tour, after which point, we reserve the right to allocate your place to somebody else. This is in the interests of fairness to all those wishing to participate on the tour, as well as to ensure their punctual start.

2. If 4 or more customers are joining together for the free walking tour, it will be considered as a group tour and customers will be asked to pay a per person fee to take the tour.

3. By coming on any of ours walking tours you agree to our terms and conditions as listed here. You also agree to take all due care and attention whilst on our walking tours and listen carefully to the instruction given by by the tour guide.

4. Yo Tours reserves the right to refuse any individual or group from taking part in tour at any time.

5. Yo Tours, its contractors, business partners, parent and subsidiary companies or businesses, management team, shareholders, partners, tour guides and employees assume no liability or responsibility for any injury, disease, loss, theft, damage, or inconvenience of any kind, sustained by any person using its services, nor to their property.

FOOD TOURS

1. Customer understands that the Tour will include physically walking to various locations and sampling foods and beverages. Customer(s) agrees to inform Yo Tours of any restrictions that affect him/her or their representatives before starting the Tour, including, without limitation, food allergies. Customer(s) participation in the Tour is purely voluntary, and participants elect to participate with full knowledge and understanding of the potential risks.

2. Customer is in good health and suffers from no minor or serious physical or mental injury, illness or disability that would make participant especially susceptible to injury or disability while performing any activity contemplated by this Waiver and Release of Claims.

3. Customer fully comprehends and accepts all the risks associated with his/her participation in the Tours including, without limitation, exposure to unfavorable weather conditions, food sickness, injuries (e.g., without limitation, those arising out of self-inflicted accidents or mishaps, other participants, automobiles, pedestrians, and the like) and death.

4. Customer’s participation in the tours is at customer’s own sole risk. Customer, on behalf of his/herself and/or any person or entity acting through or on behalf of customer, hereby forever and unconditionally releases Yo Tours, and any affiliated entities, parent companies, subsidiaries, present and former employees, owners, officers, members, managers, partners, contractors, insurers, shareholders and directors of the foregoing limitation (collectively, “released parties”), from any and all claims, actions, damages, liabilities, losses, costs and expenses in any way arising out of, or resulting from, customer’s participation in the tours, including, without limitation, any and all claims, actions, and liabilities for death, injury, loss or damage to participant, to anyone else, or to any property, regardless of whether or not such injury, loss or damage was caused by the negligence or willful conduct of the company or any of the released parties. Participant, on behalf of his/herself and/or any person or entity acting through or on behalf of participant, further agrees to defend and indemnify the released parties, and to hold the released parties harmless, from any and all liabilities, claims, actions, damages, expenses (including, without limitation, attorney’s fees) and losses of any kind or nature whatsoever in any way arising out of, or resulting from, participant’s participation in the tours.

5. This Waiver and Release of Claims constitutes the entire agreement and understanding between Customer and the Released Parties, and cancels, terminates and supersedes any prior agreement or understanding relating to the subject matter hereof. There are no representations, promises, agreements, warranties, covenants, or undertakings other than those contained in this Waiver and Release of Claims.

6. None of the provisions of this Waiver and Release of Claims can be waived or modified except expressly in writing signed by Customer and the party against whom the waiver or modification is sought to be enforced. Failure of any of the Released Parties to enforce any of their rights here under at any time shall not act as a waiver to enforce their rights under this Waiver and Release for same or similar acts at any subsequent time.

7. Further, customer gives permission to use name, likeness, image, voice, and/or appearance as such may be embodied in any pictures, photos, video recordings or digital images, taken or made on behalf of Yo Tours. Participant agrees that Yo Tours has complete ownership of such pictures, photos, video recordings or digital images, including the entire copyright, and Yo Tours may use such pictures, photos, video recordings or digital images for marketing and promotional purposes, whether print or digital, including, but not limited to, use on Yo Tours website, Facebook page and other social media sites. Customer acknowledges that he/she will not receive any compensation for the use of such pictures, photos, video recordings or digital images and hereby release Yo Tours and its agents, members, governors, managers, employees, volunteers, participants, and staff, and their successors, assigns and heirs from any and all claims which arise out of or are in any way connected with such use.

PUB CRAWL/NIGHT TOURS

ALL PARTICIPANTS MUST BE 21 OR OLDER UNLESS THE LEGAL DRINKING AGE IN THE STATE ALLOWS OTHERWISE AND PROVIDE VALID ID.

Yo Tours, its members, directors, officers, employees, agents, representatives and/or volunteers (hereafter “Yo Tours Pub Crawl”) are not responsible for any injury, loss or damage of any kind sustained by any person while participating in the event (the “Pub Crawl”), including injury, loss or damage which might be caused by the negligence of Yo Tours Pub Crawl.

ASSUMPTION OF RISKS:

In consideration of the participation in the Pub Crawl/Night Tours, customer(s) acknowledge that they are aware of the possible risks, dangers and hazards associated with their participation in the Pub Crawl/Night Tours, (including the possible risk of severe or fatal injury to themselves or others).

These risks include but are not limited to the following:

The risks associated with travel to and from location(s) to be visited during the tour, including transportation provided by commercial, private and/or public motor vehicles; Intoxication and/or alcohol poisoning from the alcohol that the customer(s) consume whether voluntarily or through coercion; the possibility of bodily injury (broken bones and soft tissue damage) including dental damages from falling down, being knocked down or being involved in a physical confrontation whether caused by myself or someone else; the risks associated with returning to their residence.

5. Cancellation Policy and timeline for assertion of claims

Yo Tours promotes and operates tours that run as per the schedule available on the website, however there may be unforeseen circumstance like weather conditions, car breakdown, sudden guide unavailability and more where the tour operations may be affected and, in these situation, Yo Tours will either reschedule the tour or provide a refund as per the applicable policy.

Customer Cancellation:

The cancellation policy is different for each tour/attraction ticket and is mentioned on the product page of each tour/attraction ticket, please refer the cancellation policy on the product page, the cancellation policy specified for each tour/attraction ticket is final and binding on customers.

Missed Tour:

There will be no refund for customers who miss their tour departure time or in case of a no show.

Cancellation by Yo Tours:

Yo Tours at its discretion and/or due to force majeure, political disturbances, strikes, demonstrations, difficult traffic conditions, closed roads or similar unforeseeable events can cancel any tour/attraction ticket. Yo Tours can also cancel tours if for any booking the minimum number of participants paying the full price of the tour are not met. In all such cases amount paid will be fully refunded and further compensation claims will not be accepted.

Timeline for Assertion of Claims:

Customers' claims towards Yo Tours due to non-fulfillment or fulfillment not in accordance with the contract must be asserted within 15 days after the contractually agreed Tour date in writing with a detailed explanation of the claims. A complaint vis-à-vis the Tour guide is not sufficient. Claims received by Yo Tours after expiry of this deadline cannot be accepted anymore.

6. Liability

6.1 Limitation of Yo Tour's Liability

Customers undertake all activities at their own risk. Any liability of Yo Tours is limited to the Tour Price. Yo Tour's liability for slight negligence, assisting persons as well as consequential damages and lost profit is excluded. Yo Tours does not assume any liability in case of non-fulfilment of contractual obligations that results from omissions or contract violation by the Customer. In case of cancellation of a Tour, Yo Tours is only liable for the refund of the Tour Price if no alternative Tour is offered. Yo Tours does not assume any liability for the disappearance of personal items, cash, valuables, luggage, photographic equipment, etc. as well as loss, theft, damage or misuse of checks and credit cards.

6.2 Exclusion of Liability for Offers of Third-party Providers and in Case of Force Majeure

Yo Tours does not assume any liability for the offers and services of third-party providers, nor does Yo Tours assume any liability for damages based on circumstances that are beyond Yo Tour's control, such as force majeure, natural events, catastrophes, changes in program due to non-adherence of train, bus or ship transportation companies or other third-party providers to their schedules, etc. Customer undertakes to claim any damages directly from the third-party provider.

6.3 Customer's Liability

All activities for which Yo Tours acts as an agent and which are carried out by third-party providers or are organized and/or carried out by Customers themselves incur at Customer's own risk. Yo Tours is not liable for the consequences of any accident. Yo Tours expects from each Customer a considerable degree of personal responsibility. Customers only participate in activities that are compatible with their physical condition, in particular their health and physical efficiency. Customers are responsible for an adequate equipment (clothing, footwear, sun protection, etc.)

6.4 Release of Liability

Customer(s) HEREBY RELEASE AND DISCHARGE YO TOURS, and its tour guides, officers, directors, affiliates, subcontractors, sponsors, partners, agents and employees (collectively, “Releasees”), from any and all liability, claims, demands, expenses, or causes of action whatsoever arising out of any damage, loss or injury to you or your property, or your death, while participating in any Yo Tours Services or other activities covered by this agreement, whether resulting from the negligence or other fault, either active or passive, of any of the Releasees, or from any other cause. Customer(s) specifically waive any unenforceability or public policy argument that you could make or could be made on behalf of your estate or by anyone who would sue the Releasees as a result of your participation in the activities covered by this Agreement.

6.5 Agreement not to Sue

Customer(s) agree that neither you nor your heirs, executors, administrators, personal representatives, or anyone else claiming on your behalf, shall ever institute any lawsuit or cause of action against any of the Releasees, or initiate or assist in the prosecution of any claim for damages against the Releasees which you may have by reason of injury to your person or property, or your death, arising from the activities covered by this Agreement, whether caused by the negligence or fault, active or passive, of any of the Releasees, or from any other cause. Customer(s) hereby so instruct your heirs, executors, administrators, personal representatives, or anyone else claiming on your behalf. Should any such lawsuit or cause of action be instituted against any of the Releasees, you agree that such Releasees shall be entitled to recover from you attorney’s fees and costs incurred in the defense of such lawsuit or cause of action, including any arising therefrom.

6.6 Representations and Warranties

By using or participating in the Yo Tours Services, customer(s) represent and warrant that (a) all information you submit is truthful and accurate; (b) you are at least of majority age in all jurisdictions relevant to the validity and enforcement of this Agreement; (c) your use of the Yo Tours Services does not violate any applicable laws, rules or regulations (“Applicable Law”); (d) if you purchase Yo Tours Services tickets for any third person or group, all such persons have read, understand, and agreed to be legally bound by this Agreement; (e) if any minor participates in a Yo Tours Service in connection with your entering into this Agreement, you accept full responsibility for all medical expenses and any other claims related to such minors’ participation and further agree to RELEASE, HOLD HARMLESS, INDEMNIFY and DEFEND the Releasees from all claims brought by or on behalf of any minor; and (f) you have read and fully understand this Agreement and its terms and conditions.

7. Severability

In case any of the provisions of these terms and conditions shall be held or become invalid, void, or unenforceable in any other way, the validity of the remaining provisions shall not be affected thereby. In case of unenforceability of a provision, such provision shall be replaced by an enforceable provision that reflects the intention and purpose of the invalid provision as closely as possible. The same procedure applies if a gap in these terms and conditions becomes evident.

8. Applicable Law and Place of Jurisdiction

Indian law shall apply to the legal relationship between the Customer and Yo Tours (with the exclusion of conflict of law rules). For claims against Yo Tours, the exclusive jurisdiction of the ordinary courts at the seat of Yo Tours is agreed.

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