Terms and Conditions
- Organisers: Innocean Worldwide Communication Private Limited (“IWI”), authorized by Hyundai Motor India Limited (“Hyundai”) to undertake and organize Hyundai Explorer Drives (the “Drives”) and related activities, has engaged, on a principal-to-principal basis, Cougar Motorsport Private Limited (“Cougar”), an entity engaged in the business of organising driving expeditions. Herein, Cougar its employees, affiliates, sub-contractors, vendors, etc. are referred to as the “Organisers”.
- Participants & eligibility: By registering for the Drives and making a payment of the agreed amount to the Organisers, Participant / s (“You”) agree to be bound by these Terms and Conditions. The Drives are open exclusively to Indian nationals, above 18 years of age, residing in India, who own Hyundai SUV (“Vehicle”). Only such owners of the vehicle, along with their friends and family members are eligible to participate in the Drives. The chauffeurs/drivers appointed by the owners are ineligible to participate in the Drives. The Participant is allowed to enrol for a maximum of two (2) similar duration Drives in any given year.
- Background: The Organisers are organizing an event (hereinafter called as the “Event” or the “Drive”). The Participant had expressed willingness to participate in the Event as a participant/ occupant/co-passenger of a vehicle and the Organisers have agreed to such request, subject to the terms and conditions of these terms and conditions.
- Third Parties:
- Although Cougar is making the arrangements for the Drives, its responsibility is limited. Cougar is involved in the bookings related to the Drives but does not act as an agent for any party whatsoever. The limits of its responsibility arise from the fact that it liaises with independent third parties such as independent tour operators, hotel companies, transportation companies and/ or drivers and other ground operators and suppliers to supply goods and services to Participants; however, such third parties are not Cougar’s employees or agents or employers or principals. Accordingly, each Participant agrees that Cougar shall not and shall be deemed not to manage, control or supervise the goods or services they supply and shall not be liable for any acts or omissions, including any negligence, gross negligence, or reckless or wilful acts, on the part of such third parties or any other defect in such goods or services. By accepting and utilising the goods and/ or services of said third parties, each Participant agrees that Cougar shall not be held liable in any way for any injury, loss, damage, delay, or death or property loss or damage arising from any act or omission of any such third party.
- Each Participant further understands and agrees that Hyundai is no manner involved in undertaking the Drives and consequently, shall not and shall be deemed not to manage, control or supervise either the Organisers or the third party suppliers for the Drives and shall not be liable for any acts or omissions, including but not limited to any negligence, gross negligence, or reckless or wilful acts, on the part of the Organisers or such third parties or any other defect in the Drives or such goods or services. By participating in the Drives and accepting and utilising the goods and/ or services of said third parties, each Participant agrees that Hyundai shall not be held liable in any manner or for whatsoever reason including but not limited to any injury, loss, damage, delay, or death or property loss or damage arising from any act or omission of the Organisers or any third party.
- Registration: In order to register for the Drives, the interested Participants has:
- Submitted their entries (“Entry”) on or before the prescribed last date mentioned for respective Events by logging-into the microsite, www.hyundaiexplorers.com/in, interfaced/linked with the website, www.hyundai.com/in (collectively, the “Website”) and filled the requisite information (valid phone/mobile number, email ID). The Organisers may at their discretion, extend or reduce the timeline for submission of the Entries.
- Paid the Entry fee per couple or for two adults and any additional fee for each additional co-passenger (the “Entry Fee”).
- Submitted the required documentation.
- Cancellation & Refund of Entry Fee:In the event that a Participant cancels his/her participation in a Drive:
- 30 or more days prior to the Drive start date, 75% of the Entry Fee will be refunded.
- 15 to 29 days prior to the Drive start date, 50% of the Entry Fee will be refunded.
- 14 days or less to the Drive start date, no refunds will be entertained and the entire cost of the Drive will be charged.
- All refunds will take up to 14 working days to process. The refund amount will be remitted to the same bank account/card from which Entry Fee was received.
- The Entry Fee paid will be fully refunded in case the registration is rejected by the Organisers or in case a Drive is cancelled by the Organisers (except for reasons outside their control). The Entry Fee will not be refunded for any other reason (including Force Majeure Events) except those agreed above.
Selection: All the valid Entries submitted by the Participants will be evaluated by the Organisers. The decision of the Organisers in selecting the Participants will be final and binding on all the potential participants and no correspondence in this regard, shall be entertained under any circumstances of whatsoever nature. The Organisers reserve the right to restrict number of Entries/Participants, as they may deem fit at their sole discretion without any prior notice or justification.
Any employee or associate of Hyundai, including but not restricted to vendors – print, audio and visual media, production houses, Hyundai dealers – is not eligible to participate in the Drives. The Organisers reserve the right at their sole discretion to cancel/withdraw participation of any Participant who is found to be an associate of Hyundai and its decision in this regard would be final and binding.
The Organisers reserve the right at their sole discretion to disqualify any Participant that they determine to be tampering with the process or the operation of the Drives, and to be acting in breach or potential breach of these Terms and Conditions. Eligible Participants understand and agree that they are not compelled in any way by the Organisers to participate in the Drives and any such participation is entirely voluntary. The submission of false, incorrect, misleading, or fraudulent documentation at the time of registration may result in disqualification from the Drive and entire amount / deposit / fee whatever received will be forfeited.
Notwithstanding anything contained in the clauses of the present terms and conditions, the selection or rejection of any of the Participant shall be at the sole discretion of the organisers at any time without assigning any reasons and/or providing notice for the same.
- Participation: The Participant must reach the Drive starting point in his/ her own personal Vehicle along with all original requisite documents on the prescribed date and time for pre-drive verification. In the event that a Participant is unable to reach the Drive starting point at the scheduled date and time of the Drive due to any reason whatsoever, his/her booking shall be treated as a "no show" on the Drive and no refund will be paid. Further, the Participant acknowledges and agrees that if he/she arrives at the Drive starting point not in his/her personal Vehicle but in a borrowed, rented, leased, etc. vehicle then in such event the Participant’s participation will be rejected/disqualified and without prejudice to clause 7, no refund will be payable to the Participant.
- The Participant will use his/her own Vehicle in each Drive.
- The Vehicle shall only be driven by individuals with a full and valid driving license for light motor vehicles. Such driving license shall be carried in original during the Drive and be shown before the Drive begins.
- The Participant shall ensure that the Vehicle is driven at all times in a safe and responsible manner in compliance with all applicable road traffic laws and regulations including Motor Vehicle Act 1988, Central Motor Vehicle Rules 1989 or any special regulations for the terrain driven on, including ensuring that no-one drives the Vehicle under the influence of alcohol or drugs.
- The Participant shall fasten her/his seat belt and cause her/his fellow passengers to fasten their seat belts at all times in a moving vehicle.
- The Participant shall be responsible for the payment of any and all fines, charges or penalties arising from the use of the Vehicle as a result of criminal offences / regulatory offences, or the like.
- The safekeeping or the Participants’ Vehicles will remain the sole responsibility of the Participants. Any damage caused to the Vehicles during the Drive because of accidents, negligence, natural causes shall be solely borne by the Participants and the Organisers bear no responsibility or liability for any damages and/or expenses suffered by the Participants on this account.
- In the event of any breakdown of a Vehicle during the Drive, the Organisers bear no responsibility for arranging an alternative vehicle but will provide assistance for the transportation of the Participants to the scheduled night halt destination of that day as per the itinerary.
- Fuel and toll charges shall be borne by the Participants for their Vehicles.
- Organizers shall not be responsible for any claim, dispute, litigation, action etc. whatsoever in nature by government authorities, third party or any other person against the Participant during the drive.
- Documentation and Insurance:
At the time of registration for a Drive, the Participant will be required to produce comprehensive Vehicle insurance, original valid driving licence and registration certificate, pollution certificate and such other valid legal documents as may be required for the Drive.
For abundant caution, it is clarified that the Entry Fee for each Drive does not include costs towards any insurance premium. The Organisers will not obtain any insurance policy covering any risk. The Participants are advised to seek their own appropriate personal accident/travel/medical including COVID-19 insurance coverage as they deem appropriate and at their own cost. All baggage and personal property/s at all times will be at the Participants’ risk and Participants agree that Organisers will be not be in a position to guard or protect their belongings at any time.
- Participant and Co-Passenger:
- Participants are allowed to bring their family members, including children, or any other individual as co-passengers for the Drives. However, each Vehicle is only allowed a maximum of 3 people.
- Participants cannot transfer the opportunity of a Drive to any third party or modify/ postpone it to a later date.
- No Participant shall have any criminal proceeding pending against them and the Vehicle shall not be involved in any criminal incident or dispute. Any such Participants are not eligible to register/ attend the Drives.
- d. The Participant shall follow convoy rules and all the instructions of the designated group leader appointed during the Drive. Any actions of the Participant in deviation to the convoy rules and to group leader’s instructions may expose them and others to potential dangers and the disobedient Participant shall be held responsible for any loss, injury, damage caused to the other co-passengers. Further, the Participant shall also be liable to get disqualified without any refund in event of any deviation from group leader’s instructions or convoy rules.
- The Participants shall follow a strict no alcohol consumption policy while on the Drive and consumption and carrying of alcohol is strictly prohibited during the Drive. The Organisers will have the right to immediately disqualify the Participant including attendees who are found to be breaking this regulation, and they will not be entitled to a refund. In the sake of the other Participants' safety, the organisers may take any necessary action that they feel appropriate.
- The Participants shall follow the package itinerary. There shall be no refund, if the Participant fails to join the group at the appointed time of commencement of the Drive or join the group later or leave the group before the culmination of the drive. Please note that for all purposes, it shall be the responsibility of the Participants to reach the place of commencement of the drive and register with the Organisers at the appointed place on the given date and time.
- The Organisers shall not be responsible for any delay or alterations in the itinerary or expenses incurred - directly or indirectly by Participants due to natural hazards, accidents, mechanical breakdowns, weather, sickness, landslides, political closures, prohibition orders, local unrest, traffic jams, medical emergency, or any untoward incident. The Organisers are not responsible for any mishap or unforeseen circumstances that may occur at any point of time.
- The Organisers reserve the right to claim any additional expenses because of delays or alterations in the itinerary, caused by any reason whatsoever.
- The Organisers reserve the right to, without prior notice, extend the period for submission of Entries, amend, alter, vary, or withdraw any departure, excursion advertised/notified, reverse the order of places to be visited or substitute a hotel of similar class if deemed advisable or necessary during the course of the Drive.
- The Participant’s itinerary and accommodation are subject to change, based on availability. The Organisers reserve the right to replace the itinerary and accommodation with similar alternatives.
- In the event a Participant misses out on any activity on the Drive due to delay on his/her part, the Organisers shall not be held liable to refund the money paid for the same or in any other manner whatsoever.
- Participants will have to strictly adhere to the prescribed timetable for the day so the Drive can be completed within the defined schedule. In case any of the sightseeing schedules are missed due to delays caused by a Participant or for any other reasons, the same shall not be refunded to the Participant under any circumstances.
- In case a Participant is compelled to discontinue the Drive due to any reason whatsoever including illness, death or loss of any travel documents, no claim shall be entertained for refund of unutilized services. Further, the Participants shall pay for any towing / transportation costs involved in moving the Vehicle.
- The Organisers reserve the right to withdraw the participation of any Participant whose behaviour is deemed likely to affect the smooth operation of the Drive or adversely affect the enjoyment or safety of other co-passengers and the Organisers shall be under no liability to any such expelled Participants.
The positioning and numbering of the vehicles in convoy during the Drive will be at sole discretion of organisers and no representation or communication in this regard will be entertained by the organisers.
- Medical Condition:
- The Drive that you have booked is an adventure event that can place considerable demands on man and material. Driving on difficult terrain / in difficult track conditions may lead to extreme stress. Sand, dust, high humidity and unfavourable weather conditions etc. may impact upon you and your personal equipment. Fundamentally, the Drives are suitable only for fully fit, healthy, resilient adults.
- Each Participant should only do what he feels capable of doing. Many activities involve risks. Each Participant must decide himself what risk he wishes to take. If you are travelling as a legal guardian of a Participant who is a minor, you need to be aware that you will be specifically responsible for assessing the risk and for making decisions on behalf of such Participant.
- It shall be the duty of the Participants to inform the Organisers in case the Participant has any medical history or prescribed restrictions/allergies that may affect his/her ability to enjoy and pursue fully the drive and wherein the interest of the group or any member thereof is prejudicially affected.
- If a medical condition has been disclosed by a Participant, the Organisers shall make an effort to provide basic medical help to such Participant, but under no circumstances shall the Organisers be held liable to any injury, disability, death, sickness etc., that the Participant may suffer or be bound to provide any emergency assistance or refund the money.
- Drive Package: The details of inclusions and exclusions of the Drives are as follows:
- Accommodation on twin / double occupancy
- Meals viz., breakfast, lunch and dinner (both vegetarian and non-vegetarian) as per the restaurant offerings), refreshments at pitstop/bio break and in-vehicle refreshments
- Permits and entry and other charges for activities and experiences
- Local guidance from Drive experts and returnable wireless radio set in individual Vehicles
- Gifts and giveaways
- Flight tickets to and from respective Drive locations and airport transfers
- Fuel and toll charges and Vehicle servicing, repairs and traffic fines
Insurances, pollution under control certificates, etc.
- Off-road shoes/gumboots
- Any additional service such as refreshments/meals for visitors provided by the hotel and any refreshment from the mini fridge, room dine-in or alcoholic beverages
- Additional accommodation charges due to unforeseen delays in the journey
- Any charges for carrying video camera or still camera
Any hotel, subsistence or other cost incurred prior to official start date of the Drive and after official end date of the Drive
- Any kind of personal expenses or optional tours, extra meals, in-room dining, and beverages ordered, laundry, phone calls and medical expenses
The Organisers will make best efforts to procure the best hotels available in the price range keeping in mind the comfort and convenience of the Participants as per the itinerary as priority and will be selected based on strong internal assessment. While the Organisers will make best efforts to ensure the delivery of services that are to be provided by the hotels, they act as a facilitator for the Participants and the hotels and shall under no circumstance accept any request for change in hotel or responsibility for inadequate/deficient/negligent services provided by the hotels. The Organisers shall not accept any complaints from the Participants with respect to services provided by the hotels and that any grievance or complaint shall be directly lodged with the concerned hotel management.
The Participants will be allocated rooms as per the sole discretion of organiser. No representation or communication in that respect will be entertained by the organiser
The Participants shall be liable to make good any damage(s) caused by any act of such Participant (wilful/negligent) to the property of the hotels in any manner provided by the hotel policy. The extent and the amount of the damage so caused will be as determined by the concerned hotel. The Organisers shall not intervene in the same in any way.
Meals and Special Requests:
- Children 8 years and above are eligible to participate in the Drives in the company of their parents/guardians.
- The parent/guardian signing below agrees to be responsible for his/her children and his/her actions and will ensure he/she complies with his/her obligations.
- By signing below the parent/guardian is agreeing to the application of these Terms and Conditions in respect of the child’s participation in the Drive.
- Children must not be left unattended at any time. Children are the responsibility of either parents or a guardian at all times.
The menu for all meals viz., break-fast, lunch & dinner (both vegetarian and non-vegetarian) will be pre-set as per the packages.
The Organisers reserve the right to change the menu if circumstances necessitate such a change without any prior notice to the Participants. If the Participant does not avail the meals (as offered in the menu) for any reason, then no claim can be made for the unutilized meal against the Organisers.
Neither party shall be held liable for damages or deficiency in service or loss, injury, expense, etc., in the event of the Drive being delayed or cancelled or aborted after commencing due to any force majeure events including but not limited to Acts of God, natural calamities, prohibition orders, Government restrictions, lockdown, epidemic, pandemic, local unrest, traffic jams, medical emergency, accidents, etc ("Force Majeure Event").
The Organisers shall be under no obligation to resume the Drive on the situation having normalized after the Force Majeure Event.
- The Organisers shall not be responsible and / or liable for any damages caused to the Participant due to circumstances beyond the control of the Organisers (Force Majeure / Vis Majeure / Acts of God).
- The Organisers shall not be responsible for the temporary or permanent loss of or damage to baggage or personal effects howsoever caused including wilful negligence on the part of any person.
- The Organisers shall not be responsible for any death, personal injury, sickness, accident, loss, delay, discomfort, increased expenses, any direct loss or damage including financial loss, or loss of contracts or goodwill or for any indirect, special or consequential loss and/or damage or any kind of theft howsoever caused and the Participant hereby forever discharges them of and from all actions, causes of action, suits, debts, obligations, claims and demands whatsoever which the Participant has or hereafter can, shall, or may have.
Intellectual Property Rights and Sharing of Personal Data:
- The Participant agrees to indemnify, defend, keep indemnified and hold harmless the Organisers, IWI and Hyundai, their directors, employees, officers, authorized representatives, agents and/or their service providers against any claim, damages, judgments (including advocate fees), liability, loss or expenses if any arising:
- out of or in connection with the participation of the Participant in the Event
- from the operation, condition or use of the Vehicle by the Participant in the Event, including those arising from a direct or vicarious liability/ claims including from a third party resulting out of his/her act or omission during the entire Event
- out of any damage, death or injury to persons including that of the Participant itself, or any other third party or any other occupant/co-passenger/s of the vehicle
- out of any loss or damage to any property of the third party including the vehicle or otherwise as a result of any rash or negligent driving, dis-obeying the traffic rules, over speeding or any other reason of whatsoever nature by the Participant during the Event
- out of or due to breach by the Participant of the terms and conditions of or the breach of any of the undertakings given by him/her hereunder
- Participant agrees that he/she will not file in person/through any family member and/or third party any applications, criminal and/or civil proceedings, administrative, tort, motor vehicles act/rules, consumer or otherwise of whatsoever acts, rules, regulations in any courts or forum in India against any Organiser, its directors, employees, officers, authorized representatives, agents and/or its service providers to claim any damages or relief in connection with the Event or any matter related to it.
- While participating in the trials, test runs, endurance tests, performance appraisals, or any event as part of the Event, either by himself/herself or with any person to whom he/she has delegated on their behalf or while being driven by any other person while the vehicle is in their possession, the Participant shall not shall not make any claim against the Organisers, its directors, employees, officers, authorized representatives, agents and/or its Service Providers for any loss, damage or injury caused to the Participant or to any other person in any manner whatsoever.
The indemnity above shall apply Regardless of Cause. For the purposes hereof, “Regardless of Cause” means without regard to negligence, in whole or in part, of the Party seeking indemnity or of any other person.
Governing Law and Jurisdiction: For any claims, suits, complaints, or disputes relating to the Drive and service provided by the Organisers therein, the competent courts in New Delhi, India alone shall have exclusive jurisdiction.
- By participating in the Drive, the Participants hereby unconditionally and irrevocably agree and consent that the Organisers may use his/her name and / or photograph and/or video and/or audio for advertising or promotional related activities without demanding any compensation under any circumstances whatsoever from Organisers.
- The Participant also authorizes the Organisers to willingly use any images/videos clicked by him/her, and which have been shared with the Organisers during the Drive, for use on their social media platforms.
- The Organisers may use any information collected from the Participant to inform him/her of new products and services. The data provided will be treated in accordance with Indian law.
- Participant agrees that he/she not share or upload any material (including photos, videos, documents, any other details) relating to the Event, on any platform (including social media platforms), without the prior permission of the Organisers, IWI and Hyundai.
- Participant agrees that he/she has no objection for using his/her details, data, appraisals of the ride, photos, video footage, diagrams, schematic drawings, social media posts, and other similar and related materials to be utilized for promotional purposes like publishing in print, digital, visual or any other media or any other purposes by the Organisers without any reservation.
- Participant agrees that he/she expressly and irrevocably assigns all intellectual property rights created, including and not limited to the condition mentioned in the sub-clause above, during the course of participating in the Event to the Organisers without any reservation.