Terms and Conditions:
Last updated: July 05th, 2017
The term ‘First Pilgrim’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is First Pilgrim, Juleh Experiential Travels Pvt. Ltd., 303, Pavan Kuteer Apartment, Masjid Banda, Camelot Layout, Kondapur, Hyderabad, Telangana 500084. The term ‘you’ refers to the user or viewer of our website.
The Services are accessible at First Pilgrim and any other websites through which First Pilgrim makes the Services available (collectively, the “Site”) and any related applications (the “Application”). By using the Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below) and constitute a binding legal agreement between you and First Pilgrim.
THE SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH OPERATORS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR GROUP TOURS (DEFINED BELOW) AND TRAVELLERS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK SUCH GROUP TOURS.
YOU UNDERSTAND AND AGREE THAT FIRST PILGRIM IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN OPERATORS AND TRAVELLERS, NOR IS FIRST PILGRIM AN AGENT OR INSURER. FIRST PILGRIM HAS NO CONTROL OVER THE CONDUCT OF OPERATORS, TRAVELLERS AND OTHER USERS OF THE SERVICES OR ANY GROUP TOURS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other
First Pilgrim reserves the right, at its sole discretion, to modify the Services at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Services or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. Any changes will become effective immediately upon your acceptance of the modified Terms, whether by, without limitation, creating a Listing or requesting the booking of an Group Tour. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.
Terms and Conditions for General Booking and Financial Terms Traveller Cancellations, Refunds and Complaints:
If, as a Traveller, you cancel your requested booking by raising a ticket, if the Operator declines your booking request due to non-availability which will automatically cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time (7-10 business days). You agree to pay First Pilgrim the Deposit for any booking requested in connection with your First Pilgrim Account if such requested bookings are confirmed by the Operator. Once your booking is confirmed and you have received email acknowledgement, what you have paid is non-refundable. If cancellation is made within 31 days to departure 100% of these costs will be forfeited. Cancellation of permits will result in the costs being 100% forfeited.
Neither First Pilgrim nor the Operators selling their tours on First Pilgrim.com offer or pay any discounts or refunds for missed or unused services which were missed or unused by the traveller due to no fault of First Pilgrim, or operators working with First Pilgrim, which shall include any termination of the traveller’s participation in the tour due to the traveller’s own fault, negligence or breach of these Terms.
All traveller complaints about their experience on tour will be passed onto the tour operator’s team to resolve. First Pilgrim is committed to working with tour operators to achieve a high level of service. If the response time and/or response quality of the tour operator however continue to fall below acceptable timing and quality despite our working together to rectify any issues, First Pilgrim reserves the right to remove the operators’ tour listings from First Pilgrim.com Marketplace, Affiliate websites, Mobile Apps and remove any Applications provided by us.
Adequate and valid travel insurance is a mandatory requirement for all international (Non-Indian) participants and the same should be obtained before the date of departure. It is advisable, though not mandatory, for the domestic (Indian) participants also to get themselves adequately insured.
Terms and Conditions for Unforeseen Circumstances Operator Cancellations and Refunds:
If an Operator cancels a confirmed booking made via the Services, First Pilgrim will refund any Payment for such booking to the applicable Traveller within a commercially reasonable time of the cancellation and the Traveller may receive an email or other communication from First Pilgrim containing alternative Listings and other related information. If the Traveller requests a booking from one of the alternative Listings this will be treated like a new group tour booking. If an Operator cancelled a confirmed booking and you, as a Traveller, have not received an email or other communication from First Pilgrim, please contact First Pilgrim at [email protected]
Terms and Conditions for Cancellation in the Event of Inclement Weather:
Certain Tours may be weather-dependent. Notwithstanding the foregoing, in the event of inclement weather, the Operator has the discretion as to whether the weather conditions will prevent the Tour from taking place. As an Operator, if you need to cancel an\ Group Tour for reasons of inclement weather, you must contact the Traveller and First Pilgrim (at [email protected] as early as possible. Subject to the Traveller’s consent, the Operator and the Traveller may choose to reschedule the Group Tour for another date. If the Group Tour cannot be rescheduled, as a Traveller, please contact First Pilgrim so we may assist in finding a replacement, non-weather-dependent Group Tour. For clarity, in the event the alternative Group Tour is of a higher price than the former, you may be responsible for any difference in price. In the event the alternative Group Tour is of a lower price, you may be entitled to a partial refund for the difference. As a Traveller, if you have contacted First Pilgrim as provided above and First Pilgrim is unable to find you a replacement Group Tour, First Pilgrim may refund the Payment for such booking to the Traveller within a commercially reasonable time of the cancellation.
You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. First Pilgrim cannot and does not offer Tax-related advice to any Members of the Services. Additionally, please note that each Operator is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings.
Terms and Conditions for Member Conduct:
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of the Services, you may not and you agree that you will not: violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations; use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content; use the Services for any commercial or other purposes that are not expressly permitted by these Terms; copy, store or otherwise access any information contained on the Services or Content for purposes not expressly permitted by these Terms; infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights; interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; use the Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; use the Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to Group Tours; “stalk” or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a First Pilgrim Traveller or Operator; offer, as an Operator, any Group Tours that you do not yourself have permission to provide (without limiting the foregoing, you will not list Group Tours as an Operator if you are serving in the capacity of an agent for a third party); offer, as an Operator, any Group Tour that may not be provided pursuant to the terms and conditions of an agreement with a third party; register for more than one First Pilgrim Account or register for a First Pilgrim Account on behalf of an individual other than yourself; contact an Operator for any purpose other than asking a question related to a booking, such Operator’s Group Tours or Listings; contact a Traveller for any purpose other than asking a question related to a booking or such Traveller’s use of the Services; when acting as a Traveller or otherwise, recruit or otherwise solicit any Operator or other Member to join third party services or websites that are competitive to First Pilgrim, without First Pilgrim’s prior written approval (for clarity and without diminishing any of First Pilgrim’s rights to enforce these Terms, First Pilgrim may cancel such offending Member’s First Pilgrim Account, permanently block such Member from access to the Service, and take any legal action First Pilgrim deems appropriate against such Member, including by prosecuting such Member to the fullest extent of the law); impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation or non-affiliation with any person or entity, or otherwise post any reviews that exhibit a conflict of interest (for example, by posting reviews for your or your employer’s Listing); use automated scripts to collect information or otherwise interact with the Services; use the Services to find an Operator or Traveller and then complete a booking of an Group Tour transaction independent of the Services, whether or not you do so in order to circumvent the obligation to pay any Service Fees related to First Pilgrim’s provision of the Services; as an Operator, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honour; post, upload, publish, submit or transmit any Content that: in fringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; is fraudulent, false, misleading or deceptive; is defamatory, obscene, pornographic, vulgar or offensive; promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances; systematically retrieve data or other content from the Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; use, display, mirror or frame any portion of the Services, or any individual element within the Services, First Pilgrim’s name, any First Pilgrim trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without First Pilgrim’s express written consent; access, tamper with, or use non-public areas of the Services, First Pilgrim’s computer systems, or the technical delivery systems of First Pilgrim’s providers; attempt to probe, scan, or test the vulnerability of any First Pilgrim system or network or breach any security or authentication measures; avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by First Pilgrim or any of First Pilgrim ‘s providers or any other third party (including another user) to protect the Services or Collective Content; forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Collective Content to send altered, deceptive or false source-identifying information; attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.
Indemnification and Release:
You agree to release, defend, indemnify, and hold First Pilgrim and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; your Member Content; and your interaction with any Member, booking of an Group Tour, creation of a Listing or the use, condition or quality of an Group Tour, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of participating in or booking a Tour.
If you participate in an Tour with an Operator who you feel is acting or has acted inappropriately, including but not limited to, anyone who engages in offensive, violent or sexually inappropriate behaviour, you suspect of stealing from you, or engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to First Pilgrim by contacting us with your police station and report number at strong [email protected] provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between First Pilgrim and you regarding the Services and Collective Content, and any bookings or Listings of Tours made via the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between First Pilgrim and you regarding bookings or listings of Tours, the Services and the Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without First Pilgrim’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. First Pilgrim may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by First Pilgrim email (in each case to the address that you provide) or by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction:
These Terms will be interpreted in accordance with the laws of Hyderabad, Telangana Jurisdiction, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Hyderabad, Telangana for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
The person making the booking at First Pilgrim via email, phone or website www.firstpilgrim.com must be 18 years old or over and must possess the legal capacity and authority to make the booking. If one person is making the booking on behalf of other people then after the booking of the event, other people will also be required to take the undertaking of accepting the terms and conditions mentioned in this agreement. All international (Non-Indian) participants may also be required to pay for any non-transferable and non-refundable items such as National Park entrance fees and Permits as per the requirements of the particular Park/permits applicable for all international (Non-Indian) participants.
When any event is booked through an approved travel agent, all communication/changes/enquiry in relation to the event will only be accepted through the travel agent only.
After the acceptance of the booking, the company will issue a confirmation invoice to you. You are advised to please go through the confirmation invoice carefully and inform the company of any changes, if required to be made. Names and identity proof provided by you must be legally valid and self-attested. Travel documents/itinerary will be sent or emailed to you well in time before the departure of your tour, but will not be issued unless payment of the due balance has been received and any pending cheques have been cleared.
Your personal safety is of paramount importance to us and therefore it is imperative that you inform us in writing, at the time of booking, of any condition (medical or otherwise) that needs any special care/attention and that might affect your or other people’s experience during the event. You agree to provide any/all information that may be asked by government authorities / border control / security agencies for the purpose of security and counter terrorism. This is known as Advance Passenger Information. The information you must provide will include, but not be limited to, full name – as shown in your passport or travel document, gender, age, nationality, travel document type, and number. For Indian nationals, this information may be provided only for the person making the booking (lead booking participant) but for Non-Indian nationals, the same might be asked from all participants.
In case of bookings made by paying partial amount, you are expected to make the balance payment at least 15 days prior to the departure date (w.r.t. to the published itinerary of the event & batch booked). In case the balance payment is not made at least 15 days prior to the departure date, then the booking would be deemed cancelled and First Pilgrim would not be liable towards any cash refund. However, you can request for a voucher refund and the same would be treated as per the cancellation policy.
Visa, Health, Passport, Travel Documentation:
Whilst we are able to provide basic advice/information to clients regarding passports and visa requirements, it will be your sole responsibility you are required to check/verify with the appropriate embassy or the consulate for the exact requirements for your chosen event and date of travel. We cannot accept responsibility for any failure to comply resulting in any costs or fines being incurred.
Local Laws & Customs:
Laws and customs of the areas we visit can be very different to those we are used to. Be aware of your actions to ensure that they do not offend, especially if you are visiting religious areas. It is your responsibility to familiarize yourself with, and respect local laws and customs. If you fail to do so, we will have no liability to you for any cost, loss or damage which you suffer nor will we refund you the cost of any unused portion of your travel arrangements.
Behaviour (Leaders + Yours):
On any event, it is necessary that you abide by the authority of the leader, who represents the Company. If you commit any illegal act when on the event or if in reasonable opinion of the leader or another person in authority your behaviour is disruptive, threatening or abusive, causes unnecessary inconvenience or is causing or likely to cause damage to property, danger, distress or upset, disturbance or annoyance to others or puts any other traveller or our staff in any risk or danger, on the telephone, in writing or in person, we may terminate your travel arrangements without any liability on our part. In any of these circumstances no refunds or compensation will be paid to you and we will not be liable for any costs or expenses you incur.
You are required to behave in a manner that is acceptable and conducive to group travel. First Pilgrim reserves the right to terminate your trip (if you are found to be causing distress / annoyance to co-travellers, endanger / damage property of any supplier or of other travelling companions), without assigning any reason whatsoever. No refund for unused services is possible in such cases.
You also agree to abide by the authority of the group leader designated by First Pilgrim. The decision of the tour leader is binding on all participants on matters that affect the safety or well-being of any person participating in the trip. Behaviour that causes danger, distress or annoyance to others, or interferes with the mobility of the group can result in the group leader terminating your participation from the trip, with no right to refund for missed or unused services.
Any accommodation we arrange for you, must only be used by those people named on your Confirmation Invoice. You are not allowed to share the accommodation or let anyone else stay there. You are responsible for the cost of any damage caused to your accommodation or its contents during your stay. These charges must be met by you and may have to be paid locally.
First Pilgrim makes every effort to ensure comfort of our guests, but First Pilgrim requests your understanding that the amenities in the Himalayan region may not be same as the ones you are accustomed to, at home. Weather is another factor that will have direct impact on your journey. Hence, you are requested to have patience, enthusiasm and be prepared for compromises before you choose to undertake this journey.
We will consider special requests such as dietary requirements or specific rooming arrangements when you book. We will tell you whether there is a charge for the request. We can only guarantee requests for which there is a charge, or those that are confirmed in writing. It is your responsibility to advise us of any special requirements through email after you confirm your booking.
One special request that we get on most of our trekking events is carrying of backpacks on mules / porters. We highly recommend that the personal backpack be carried by the participant themselves because your rucksack can be a life saver in the mountains when faced with unforeseen situations. However, in case a person is absolutely not able to carry or is feeling sick, he/she can offload by paying a charge as per the rates below:
INR 400 per bag* per day# when the logistics of the event are managed through mules
INR 600 per bag* per day# when the logistics of the event are managed through porters
* Each bag should not be more than 12 Kg in weight. This weight limit is a reference for maximum weight but bags shall be counted in number to calculate the charges.
# Number of days would be counted as the difference between start & end date of baggage carrying. In case there are rest days in between, the same would be included in counting the number of days.
Cash payments should be made in advance to the Leader/Guide, either at the time of making baggage carrying request or beginning of the trek, whichever is later.
All clients are expected to satisfy themselves prior to booking that they are fit and able to complete the itinerary of their chosen event as described in the itinerary. No unaccompanied minors (those under 18 years of age) can be accepted however minors aged between 10 -17 years may accompany their parent or guardian who accepts full responsibility for them. Anyone suffering from mobility impairment, illness or disability or undergoing treatment for any physical or mental condition must declare the true nature of such condition at the time of booking and make arrangements for the provision of any medication or other treatment which may be required during the event. Failure to make such disclosure will constitute a breach of these booking conditions and result in such persons being excluded from the event in which case all monies paid will be forfeit. Please contact us if you wish to find out more information.
For expeditions that involve road journey or travel, participants are advised to take utmost care of the road safety norms. Any indiscipline regarding road safety or risky riding/driving by the participant may force our team to restrict/suspend/terminate the participant’s ride/drive.
First Pilgrim offers trip(s) and trek(s) that require varied levels of fitness. The level of difficulty can be based on extent of physical stress, the terrain, weather and / or climate. The degree of difficulty for some trips can be physically demanding. To enable you to choose appropriately and prepare accordingly, carefully review the level of difficulty of each trip before booking the same.
First Pilgrim is not medical expert(s) and it is your responsibility to obtain medical advice, latest health requirements including inoculations and vaccines before you join a trip. First Pilgrim takes no responsibility for your inability to cope with the level of difficulty on a trip. While most treks do not require specific preparation, a reasonable level of fitness adds to your experience. The onus of being fit, healthy and in shape before getting on the trip rests with you. You are solely responsible for ensuring that you are ready for the trip in every way, including physical and mental conditioning. You are also expected to carry the right clothing and equipment. While there is no age limitation on any of First Pilgrim trips, any disability, pregnancy, mental or physical or any other medical condition that may affect your fitness to complete the trek must be revealed at the time of booking the trip to First Pilgrim. You also undertake that you and Your travel companions, for whom You have signed up, do not suffer from any condition or disability that could create a hazard to Your own wellbeing or to others on a trip.
Failure to share this information with First Pilgrim can result in immediate termination of your trip at any stage of the trip with full cancellation penalty. TTH reserves the right to decline, accept, and / or remove from a trip, any participant, at his or her sole expense, whose condition could create a hazard to any other member of the trip, including themselves.
Your safety and enjoyment is First Pilgrim(s) prime concern. First Pilgrim therefore carries out their responsibility honestly & sincerely to ensure that your trip is trouble–free as desired.
In pursuance of this responsibility, First Pilgrim reserves the right to modify or cancel the trip or part of the trip under circumstances, including but not limiting to, Acts of God, road blockage, political unrest, cancellation of flight, delayed arrival, sickness, accidents, events beyond First Pilgrim control etc. Any extra cost arising from such circumstances shall be borne by you on the spot. Wherever possible First Pilgrim shall intimate you of such changes in advance or while on the trip,
All the communication will be done through the email ID submitted by the candidate in the registration form. Trek the Himalayas is not responsible for loss or delay of communication due to incorrect email ID submitted by the candidates.
In case of change in email ID, First Pilgrim should be informed in writing on [email protected] at the earliest.
Baggage and personal effects are at your risk throughout the trip. You are solely responsible for your personal belongings while on-trip. First Pilgrim is not responsible for the loss of baggage, goods, air tickets, passport, cash, traveller’s cheques, or any other travel document or item owned by you while on tour, whatever the cause.
Inclusions for each trip are different and the accommodation, meals, arrival or departure transfers, guides, entrances fees, equipment and baggage handling, if included, are as specified with the itinerary.
Unless otherwise stated, insurance, international and domestic airfares, cost of obtaining passports and visas, airport departure taxes, excess baggage charges, gratuities to guides, drivers and camping staff, meals other than those specified in the itinerary, beverages, personal expenses such as laundry, phone calls and optional tour prices are extra.
You accept that the very nature of active, adventure travel requires a degree of personal risk. You are likely to visit places where political, cultural and geographical attributes present certain risks, dangers and physical challenges. By booking a tour with First Pilgrim, You accept that you are aware of the personal risks, dangers and challenges attendant upon such travel and that you assume the risks involved. You hereby assume all such risk and release First Pilgrim from all claims and causes of action arising from such damages or injuries or death resulting from these inherent risks. It is your responsibility to familiarize yourself with customs, weather conditions, physical challenges and laws in effect as well as your local embassy contacts in each destination.
You are requested to understand that to run such a monolith operation, First Pilgrim hires the services of Third Parties who are professionals in their field. You hereby undertake to absolve First Pilgrim from any liabilities, vicarious or otherwise arising from deficiency in service of these third parties. First Pilgrim will not be responsible for any harm, loss or damage to your luggage, belongings or self when carried by porters, ponies or vehicles, during the trip, your arrival and departure or stay at the hotel / guest house.
Content Rights (Photos/Videos):
First Pilgrim reserves the right to take photographs of you during any trip or part thereof and to use them for promotional purposes. By booking a trip with us, you automatically grant us royalty-free, perpetual, worldwide and irrevocable license for using your images in photographs and videos that may be used for promotional material, website, social media, collateral and any other marketing and publicity materials. First Pilgrim does not require your prior consent and does not need to compensate you for such use of your photographs or videos. However, First Pilgrim does cater to media professionals. Should you have any reservations about your images not being used, please inform First Pilgrim at the time of booking your trip.
IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT FIRST PILGRIM DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, TRAVELLERS AND OPERATORS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SERVICES (INCLUDING THE SITE AND APPLICATION) AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, FIRST PILGRIM EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
FIRST PILGRIM MAKES NO WARRANTY THAT THE SERVICES OR COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY GROUP TOURS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. FIRST PILGRIM MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, GROUP TOURS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FIRST PILGRIM OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OPERATORS OR TRAVELLERS. YOU UNDERSTAND THAT FIRST PILGRIM DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES OR TO REVIEW OR VISIT ANY GROUP TOURS. FIRST PILGRIM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES.
YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, TRAVELLERS AND OPERATORS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY FIRST PILGRIM OR TAKE PLACE DURING AN GROUP TOUR. NOTWITHSTANDING FIRST PILGRIM ‘S APPOINTMENT AS THE LIMITED AGENT OF THE OPERATORS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM TRAVELLERS ON BEHALF OF THE OPERATORS, FIRST PILGRIM EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY TRAVELER OR OTHER THIRD PARTY.