travelwithmacha
Effective Date: 1 May 2026 Last Updated: 1 May 2026
1.1 travelwithmacha ("we," "us," "our," or the "Operator") is a sole proprietorship owned and operated by Ganesh Narayankar, based out of Bengaluru, Karnataka, India.
1.2 These Terms and Conditions ("Terms") form a legally binding agreement between travelwithmacha and any individual ("Traveler," "you," "your") who applies for, books, pays for, or participates in any curated travel experience ("Drop") organized by us.
1.3 By submitting an application, paying any amount, or participating in a Drop, you confirm that you have read, understood, and agreed to these Terms in full, including the Liability Waiver (Annexure A).
1.4 These Terms are governed by the laws of India and operate in addition to (and not in derogation of) your statutory rights under the Consumer Protection Act, 2019, and other applicable Indian laws.
2.1 "Drop" means a curated, limited-slot travel experience organized by us, with logistics, accommodation, transport, and activities specified in the Drop Description.
2.2 "Drop Description" means the specific information published or communicated to you about a particular Drop, including dates, price, inclusions, exclusions, and any specific terms applicable.
2.3 "Application" means the Vibe Form or other questionnaire you submit to be considered for a Drop.
2.4 "Confirmed Booking" means an Application that has been accepted by us and for which you have paid the required deposit and signed the Liability Waiver.
2.5 "Third-Party Service Providers" means independent vendors engaged by us to deliver components of a Drop, including transport operators, accommodation providers, guides, activity operators, and food vendors.
2.6 "Reveal" means the disclosure of destination, itinerary, or other previously withheld trip details at a time we determine.
2.7 "Force Majeure Event" has the meaning given in Section 17.
3.1 We organize and curate group travel experiences within India. We are not a travel agency under the Air Transport (Licensing of Air Travel Agents) Rules, 2016, do not issue airline tickets, and do not hold IATA accreditation.
3.2 We act as an organizer and coordinator. The actual delivery of certain services (transport, accommodation, activities, food) is performed by independent Third-Party Service Providers whom we select and supervise.
3.3 We do not own, operate, or control accommodation properties, transport vehicles, or activity facilities used during Drops. Our role is to design the experience, select trusted vendors, supervise execution, and ensure quality.
3.4 Each Drop is a unique, time-limited offering. We reserve the right to design, modify, or cancel Drops as detailed in these Terms.
4.1 Application is Not a Booking. Submitting an Application does not constitute a Confirmed Booking. We review every Application and may accept or reject it at our sole discretion.
4.2 Selection. We evaluate Applications based on factors such as compatibility with other selected Travelers, group dynamics, and the specific requirements of the Drop. Selection decisions are final.
4.3 Booking Confirmation (Simplified). Your booking is confirmed when: (a) you have paid the required deposit; AND (b) you have received a written booking confirmation from us via WhatsApp or email; AND (c) you have signed and returned the Liability Waiver (Annexure A).
If any of these three steps is incomplete, your slot is not confirmed and remains available to other applicants.
4.4 Minimum Group Size. Each Drop has a minimum participant threshold communicated in the Drop Description. If this threshold is not met by the cut-off date, we may cancel the Drop and refund all amounts paid in full.
4.5 Maximum Group Size. Each Drop has a maximum participant cap. Bookings are confirmed on a first-paid basis after Application acceptance. We may maintain a waitlist once full.
4.6 Eligibility. To participate, you must: (a) be at least 18 years of age at the time of booking and travel; (b) be physically and mentally fit to undertake the activities described in the Drop Description; (c) carry valid government-issued photo identification (Aadhaar, Passport, Driving License, or Voter ID); (d) not be subject to any travel restrictions, criminal proceedings, or court orders preventing travel; (e) have completed the mandatory medical and emergency contact disclosures (Section 9).
5.1 Pricing. The price for each Drop is specified in the Drop Description in Indian Rupees (INR), per Traveler, unless otherwise stated.
5.2 Goods and Services Tax (GST).
(a) As of the Effective Date, our annual turnover may be below the GST registration threshold of ₹20,00,000 (₹10,00,000 in special category states). During this period, GST is not separately charged on Drop prices.
(b) Once we are GST-registered (whether mandatorily or voluntarily), GST will be charged at the prevailing rate applicable to tour operator services. The applicable rate (currently 5% under the composition scheme without input tax credit, or 18% with input tax credit) will be determined by our tax advisor and disclosed in invoices going forward.
(c) GST registration status, GSTIN (when applicable), and the applicable rate will be clearly displayed in the Drop Description and on payment receipts.
(d) We reserve the right to update GST treatment in line with changes to Indian tax law and our compliance position.
5.3 Payment Schedule. Unless otherwise specified in the Drop Description: (a) Deposit: 60% of the total Drop price, payable within seven (7) days of Application acceptance. (b) Balance: Remaining 40%, payable no later than fourteen (14) days before the Drop start date.
5.4 Payment Methods. We accept payments via: (a) Razorpay payment links; (b) Direct bank transfer (NEFT/IMPS/RTGS) to our designated business account; (c) UPI to our designated business UPI ID.
Payment gateway charges, where applicable, are absorbed by us and built into the Drop price.
5.5 Payment Receipt. A receipt will be issued via WhatsApp or email within 48 hours of payment confirmation.
5.6 Late Payment. If you fail to pay the balance amount by the due date, we reserve the right to: (a) cancel the booking and apply the cancellation policy in Section 6; or (b) charge a late payment fee of ₹500 per day, capped at the deposit amount; or (c) release the slot to a waitlisted applicant.
6.1 Reason for the Cancellation Schedule. Drops involve significant advance planning, vendor commitments, and non-recoverable costs. Specifically, by the time you book and as the Drop date approaches, we incur and lock in the following non-recoverable costs:
(a) Vendor Advance Payments: We pay 50-100% advance deposits to accommodation providers, transport operators, and activity vendors, often 30-45 days before the Drop. These payments are typically non-refundable to us once made, regardless of individual Traveler cancellations.
(b) Slot Reservation Cost: Each Drop has a fixed maximum size (typically 8-12 Travelers). When you book a slot, we stop offering it to other applicants. If you cancel late, we lose the opportunity to fill that slot.
(c) Custom Procurement: Welcome kits, trip dossiers, badges, and personalized materials are custom-procured per Traveler and cannot be reused.
(d) Per-Trip Fixed Costs: Vehicle bookings, guide retainers, and minimum-occupancy stay bookings are charged at the trip level regardless of headcount. A drop in numbers does not reduce these costs.
(e) Operational Time: Significant founder and team hours go into recce, planning, vendor coordination, and logistics, which cannot be recovered.
The cancellation slabs below directly reflect the proportion of these costs that have been irrevocably committed by each timeline.
6.2 Standard Cancellation Schedule. If you cancel your Confirmed Booking:
| Notice Period (before Drop start date) | Refund Amount |
|---|---|
| 45 days or more | 80% of total amount paid |
| 30-44 days | 50% of total amount paid |
| 15-29 days | 25% of total amount paid |
| 14 days or less | 0% (no refund) |
| No-show on Drop date | 0% (no refund) |
6.3 Refund Processing.
(a) Approved refunds will be initiated within fourteen (14) working days from the date of cancellation confirmation.
(b) Actual credit to your account is subject to banking timelines, payment gateway processing periods, and the policies of the originating and receiving banks. We are responsible for initiating the refund within the stated period; we cannot guarantee the date of credit, which depends on factors outside our control.
(c) Refunds are processed via the same payment method used for the original payment, minus any non-refundable bank or payment gateway charges (if any).
(d) If a refund is delayed beyond 30 working days from initiation due to reasons attributable to us, we will provide written confirmation of the cause and the steps being taken.
6.4 Substitution.
(a) You may request to substitute another individual in your place, subject to: (i) the substitute completing the Vibe Form and being approved by us; (ii) notice provided at least 21 days before the Drop start date; (iii) payment of an administrative fee of ₹2,000.
(b) Justification of the Administrative Fee: This fee covers the actual costs we incur in re-evaluating an applicant (vendor name changes on bookings, ID re-verification, communication revisions, dossier reprinting where applicable, and processing time). It is not a profit margin.
6.5 Cancellation Communication. All cancellation requests must be submitted in writing via our official email or WhatsApp Business number. Cancellation is effective from the date of receipt by us.
6.6 Non-Refundable Components. The following remain non-refundable irrespective of cancellation timing: (a) custom-printed materials, welcome kits, and personalized items already produced; (b) non-refundable vendor bookings made specifically for you; (c) activity tickets purchased in advance for limited-availability experiences; (d) the substitution administrative fee, once paid.
6.7 Medical and Compelling Personal Circumstances. If you cancel due to documented medical emergencies, bereavement (immediate family), or other compelling personal circumstances, we may, in our discretion and as a goodwill gesture, offer: (a) credit toward a future Drop within 12 months; or (b) a refund higher than the standard schedule.
This is offered case-by-case based on documentation provided. It is not a contractual entitlement.
6.8 Travel Insurance. We strongly recommend you purchase comprehensive travel insurance covering trip cancellation, medical emergencies, and personal accidents. We do not provide such insurance and our cancellation policy is independent of any insurance you may hold.
7.1 Right to Cancel. We reserve the right to cancel a Drop before commencement due to: (a) insufficient bookings (below minimum threshold); (b) Force Majeure Events; (c) safety concerns at the destination; (d) vendor failures with no available alternatives; (e) government advisories or restrictions; (f) other circumstances beyond our reasonable control.
7.2 Refund Upon Operator Cancellation.
(a) Insufficient Bookings: 100% refund of all amounts paid, processed within 14 working days.
(b) Force Majeure: Refund of recoverable amounts only, after deducting documented non-recoverable vendor costs already paid by us. We will share documentation of such non-recoverable costs upon request. We will make commercially reasonable efforts to recover funds from vendors and pass on any recovered amounts to you.
(c) Other Operator-Initiated Cancellation: Choice between full refund or credit toward a future Drop within 12 months.
7.3 Itinerary Modifications. We reserve the right to modify the itinerary, route, accommodations, or activities before or during a Drop due to weather, road closures, vendor unavailability, safety concerns, permission denials, group dynamics, or other operational considerations. Reasonable modifications made in good faith do not entitle you to a refund.
7.4 Material Modifications. If we make a modification that fundamentally alters the nature of the Drop (e.g., changing the entire region or canceling the primary anchor experience), you may, within 48 hours of notification, elect to either: (a) accept the modification; or (b) cancel and receive a refund proportional to unused services.
8.1 Mystery and Sealed Drops. For Drops featuring mystery destinations or activities, the following boundaries apply so that you can make an informed booking decision:
(a) What Will Be Disclosed in the Drop Description (Before Booking): (i) Total duration of the Drop (number of days/nights); (ii) Approximate climate range (e.g., cold mountain / warm coastal / temperate); (iii) Difficulty level on a defined scale (Easy / Moderate / Challenging) with explanation of what each level entails; (iv) Approximate maximum altitude, if relevant; (v) Type of accommodation (e.g., homestays / boutique stays / camping / mixed); (vi) Approximate maximum daily travel time by road; (vii) Type of activities (e.g., walking / trekking / water-based / cultural / mixed); (viii) Departure city and approximate return time; (ix) Any specific physical requirements (e.g., ability to walk 8 km/day, ability to swim); (x) What is included and excluded.
(b) What May Be Withheld Until Reveal: (i) Specific destination name; (ii) Specific accommodation names; (iii) Specific activity locations; (iv) Day-by-day itinerary details.
(c) By accepting a Drop with mystery components, you confirm that you have received and understood the disclosed information in (a) above and consent to traveling without specific knowledge of the items in (b). The Reveal will occur at the time and method specified in the Drop Description (typically 48-72 hours before departure).
(d) You waive claims that the destination or activities did not match preferences not previously communicated, provided the actual Drop falls within the parameters communicated under (a) above.
8.2 Group Travel. Drops are group experiences. You acknowledge that: (a) decisions affecting the group will be made collectively or by us; (b) pace, timing, and activity participation may need to accommodate group needs; (c) solo or private experiences are not guaranteed unless explicitly part of the Drop.
8.3 Code of Conduct. You agree to: (a) treat fellow Travelers, our team, vendors, and locals with respect; (b) refrain from harassment, discrimination, abusive language, or violence; (c) comply with reasonable instructions from us and trip leaders; (d) refrain from illegal activities, including the use of substances illegal under Indian law; (e) not consume alcohol to a point that endangers yourself or others; (f) respect local customs, religious sites, and cultural sensitivities; (g) not damage property at accommodations, vehicles, or activity sites; (h) adhere to environmental responsibility (no littering, respecting wildlife).
8.4 Right to Remove (with Reasonable Grounds and Safety Reasons).
(a) We reserve the right to remove a Traveler from a Drop only on reasonable grounds, which include but are not limited to: (i) behavior that endangers the safety of other Travelers, our team, or themselves; (ii) repeated and persistent disruptive behavior despite prior warning; (iii) substance abuse or possession of substances illegal under Indian law; (iv) sexual harassment, discrimination, or threatening behavior toward any person; (v) willful refusal to comply with reasonable safety instructions issued by trip leaders or local guides; (vi) willful damage to property of accommodations, vendors, or fellow Travelers; (vii) material misrepresentation in the Vibe Form or medical disclosure that creates safety risk.
(b) Procedure Before Removal: Except in cases of immediate safety risk, we will: (i) issue a verbal warning identifying the specific concern; (ii) give you a reasonable opportunity to correct the behavior; (iii) issue a final warning if the behavior continues; (iv) proceed with removal only after such warnings, unless circumstances require immediate action.
(c) Consequences of Removal: A Traveler removed under this clause forfeits the remaining portion of the Drop and is responsible for their own return travel arrangements and costs.
(d) Documentation: We will document the specific incident(s) leading to removal and provide a written summary to the Traveler upon request.
9.1 Mandatory Declaration. As part of the Application, every Traveler must complete a Health and Fitness Declaration that includes the following mandatory disclosures (with required checkbox confirmation and written acknowledgment):
(a) Any chronic medical conditions (diabetes, heart conditions, asthma, epilepsy, hypertension, etc.); (b) Current medications and dosages; (c) Allergies (food, environmental, medication, insect bites); (d) Recent surgeries, injuries, or hospitalizations within the last 12 months; (e) Pregnancy status (if applicable); (f) Mental health conditions that may require accommodation or support; (g) Mobility limitations or accessibility needs; (h) Dietary restrictions for medical reasons.
9.2 Confirmation Required. No booking will be confirmed until you have:
(a) completed the Health and Fitness Declaration in writing; (b) ticked the mandatory checkbox confirming the declaration is accurate and complete; (c) confirmed in writing (email or WhatsApp) that you have read and understood the physical and health requirements of the specific Drop; (d) acknowledged that we may, based on disclosures, restrict your participation in specific high-risk activities for safety reasons.
9.3 Updating Disclosures. If your health status changes between booking and the Drop start date (new diagnosis, new medication, recent injury, pregnancy, etc.), you must inform us in writing immediately. Failure to update may void our duty of care for unconnected matters.
9.4 Consequence of Non-Disclosure. If you fail to disclose a material medical condition or provide false information: (a) we may cancel your booking without refund; (b) you assume full responsibility for any harm or consequence arising from the undisclosed condition; (c) our liability is limited to harm directly caused by our gross negligence or willful misconduct, separate from the undisclosed condition.
9.5 Right to Decline Participation. Based on your disclosures, we may, at our discretion, decline your participation in the Drop or specific activities if we reasonably believe the risks cannot be managed safely. Where we decline before booking confirmation, no payment is required. Where we decline based on disclosures made after booking, a full refund will be issued if the disclosure was complete and the decision is ours.
9.6 Fitness-to-Travel Certificate. For high-altitude Drops (above 2,500m), Drops involving challenging physical activity, or where you have disclosed significant medical conditions, we may require a fitness-to-travel certificate from a registered medical practitioner before confirming your booking. The cost of obtaining this certificate is yours.
10.1 Disclosure of Intermediary Role. We coordinate services from independent Third-Party Service Providers. You acknowledge that accommodation, transport, activities, food, and guide services are provided by independent operators whom we select and supervise.
10.2 Reasonable Care in Vendor Selection. We commit to exercising reasonable care and due diligence in selecting Third-Party Service Providers. This includes, but is not limited to:
(a) physical recce or verified prior experience with each vendor before engaging them for a Drop; (b) verification of legal registration and operational licenses, where applicable; (c) review of vendor safety records, vehicle conditions, and accommodation standards; (d) ongoing monitoring of vendor performance through Traveler feedback; (e) maintaining backup vendors for critical services where possible; (f) issuing clear briefs to vendors regarding service standards expected.
10.3 Vicarious Liability and Our Commitment. We acknowledge that Indian law (including the Consumer Protection Act, 2019, and judicial precedents) holds tour operators accountable for the quality and safety of services included in their packages, even when delivered by third parties. We commit to:
(a) taking responsibility for the overall execution of the Drop; (b) addressing service deficiencies identified during the Drop in real time; (c) providing on-trip support to resolve vendor failures wherever possible; (d) offering reasonable compensation for documented service deficiencies attributable to vendor failure that we could not reasonably foresee or prevent; (e) taking corrective action with vendors who fail repeatedly, including removal from our roster.
10.4 Escalation and Support During Drops. During a Drop, if a vendor fails to deliver on agreed standards:
(a) Immediate Response: Inform the trip leader or our designated point of contact immediately. We will attempt to resolve the issue within 4 hours where operationally possible.
(b) On-Trip Escalation: If the trip leader cannot resolve the issue, escalation will be made to the founder/proprietor via WhatsApp, with a response committed within 12 hours.
(c) Reasonable Alternatives: Where a vendor failure is significant (e.g., accommodation unfit for stay, vehicle breakdown without timely replacement), we will arrange reasonable alternatives at our cost, where commercially possible.
(d) Documentation: All vendor failures will be documented during the Drop for post-trip review and potential compensation discussions.
10.5 Vendor-Specific Risks. Certain risks remain inherent to vendor services and are partially beyond our control: (a) mechanical failures of vehicles; (b) electricity, water, or internet outages at accommodations; (c) quality variations in food and beverages; (d) cancellation or modification of activities by operators; (e) behavior of other guests at shared accommodations.
While we will assist in addressing such issues, these are not automatic grounds for refund unless they constitute a fundamental failure of the Drop.
11.1 Inherent Risks. Travel, especially to offbeat destinations involving outdoor activities, carries inherent risks including but not limited to: (a) physical injury (sprains, fractures, cuts, bruises); (b) illness (food-borne, water-borne, altitude-related); (c) allergic reactions; (d) animal encounters (insects, wildlife); (e) weather-related risks (heat stroke, hypothermia, dehydration); (f) transport-related risks (accidents, motion sickness); (g) activity-specific risks (slips, falls, water-related incidents, altitude sickness); (h) loss or theft of belongings; (i) mental health stress from new environments or group dynamics; (j) risks associated with remote locations (limited medical access, communication gaps).
11.2 Voluntary Assumption. By participating in a Drop, you voluntarily assume risks that are inherent to the nature of travel and outdoor activities and that cannot be eliminated through reasonable safety measures, except where harm is caused by our gross negligence or willful misconduct, or where liability cannot be limited under Indian law.
11.3 High-Altitude and Adventure Activities. For Drops involving high-altitude locations (above 2,500m) or adventure activities: (a) you must have appropriate fitness and acclimatization; (b) you must follow safety briefings strictly; (c) we may exclude you from specific activities if safety concerns exist; (d) activity exclusion does not entitle you to refund.
12.1 Our Liability. We are liable for:
(a) failure to provide promised services as per the Drop Description (subject to permitted modifications); (b) gross negligence in vendor selection or trip supervision; (c) willful misconduct; (d) death or personal injury caused by our negligence (this liability is not excluded or limited); (e) fraud or fraudulent misrepresentation (this liability is not excluded or limited); (f) any liability that cannot be excluded or limited under Indian law, including under the Consumer Protection Act, 2019 (this liability is not excluded or limited).
12.2 Liability Cap (Within Permitted Limits). Subject to Section 12.1, and only to the extent permitted by Indian law, our maximum aggregate liability for breach of contract, deficiency in service, or negligence (other than the categories listed in Section 12.1(d), (e), and (f)) shall not exceed the total amount you have paid for the specific Drop giving rise to the claim.
12.3 What This Cap Does Not Cover. The cap in Section 12.2 does not apply to: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) statutory rights and remedies under the Consumer Protection Act, 2019; (d) any liability that cannot be limited under Indian law.
12.4 Excluded Categories of Loss. Subject to Section 12.1, we are not liable for: (a) indirect, consequential, or special damages; (b) loss of enjoyment, opportunity, or expectation, except where such loss is a direct and foreseeable result of our breach; (c) acts or omissions of fellow Travelers; (d) acts of third parties not engaged or supervised by us; (e) Force Majeure Events; (f) loss or damage of personal property, except where directly caused by our negligence; (g) travel delays caused by external factors; (h) consequences of your failure to follow safety instructions or to disclose medical conditions.
12.5 Statutory Rights Preserved. Nothing in these Terms excludes, restricts, or modifies any statutory right or remedy available to you under the Consumer Protection Act, 2019, or any other Indian law that cannot be excluded by contract.
12.6 Insurance Requirement for High-Risk Drops. For Drops categorized as high-risk (involving altitudes above 3,500m, water-based adventure activities such as rafting or scuba diving, or any activity we designate as high-risk in the Drop Description), comprehensive personal travel and adventure insurance covering the specific activities is mandatory. You must:
(a) purchase travel insurance covering the relevant activities; (b) provide proof of insurance (policy number, validity period, coverage scope) at least 7 days before the Drop start date; (c) ensure the policy covers personal accident, medical evacuation, and adventure activities relevant to the Drop.
Failure to provide proof of insurance for high-risk Drops may result in cancellation of your booking under Section 6.6 (non-refundable for personalized commitments).
For all other Drops, travel insurance is strongly recommended but not mandatory.
13.1 Our Photography. During Drops, we may photograph and record video for promotional, marketing, and operational purposes. By participating, you grant us a perpetual, royalty-free, non-exclusive license to use such content on our Instagram (@travelwithmacha and @planwithmacha), social media platforms, website, and marketing materials.
13.2 Opt-Out Right. You may, before the Drop begins, request in writing that your identifiable image not be used in promotional content. We will use reasonable efforts to honor such requests. This does not extend to incidental capture in group shots where you are not the focal subject.
13.3 Your Photography. You may take photographs and videos for personal use. You must: (a) respect fellow Travelers' privacy; (b) obtain consent before photographing fellow Travelers' identifiable images for public posting; (c) not photograph local people, especially women and children, without consent; (d) comply with restrictions at religious or cultural sites; (e) not commercialize content from the Drop without our permission.
13.4 Tagging. You are encouraged but not required to tag @travelwithmacha when sharing content.
13.5 Content Blackout Drops. For Drops where phones or cameras are restricted or prohibited, you consent to such restrictions by booking. Compliance is mandatory.
13.6 Personal Data Privacy.
(a) Data We Collect: Name, contact details (phone, email), government-issued ID details, payment information, dietary preferences, medical disclosures, emergency contact information, and Vibe Form responses.
(b) Purpose of Collection: To process your Application, execute Drops, communicate with you, comply with legal and tax obligations, and improve our services.
(c) Consent: By submitting an Application or making a booking, you consent to our collection, storage, and use of your personal data for the purposes stated above. You may withdraw consent at any time by writing to us; however, withdrawal may affect our ability to provide services.
(d) Data Sharing: We share your data only as necessary to deliver Drops (e.g., names with accommodation providers for check-in, ID details with transport operators where required). We do not sell your data to third parties.
(e) Data Retention: We retain your personal data for the following periods: (i) Active Traveler data: while you remain an active Traveler and for 12 months after your last interaction; (ii) Financial and tax records: for 8 years from the end of the relevant financial year, as required under the Income Tax Act, 1961, and GST Act, 2017; (iii) Medical disclosures: for 3 years post-Drop, to support any health-related claims; (iv) Marketing consent records: until you withdraw consent or as required by law.
(f) Your Rights: Under the Digital Personal Data Protection Act, 2023, and other applicable Indian laws, you have the right to access, correct, and request deletion of your personal data, subject to legal retention requirements. Requests should be made in writing to our Grievance Officer.
(g) Data Security: We take reasonable measures to protect your personal data from unauthorized access, including secure storage and access controls.
In addition to Section 8.3, the following are explicitly prohibited:
14.1 Use, possession, or distribution of any substance illegal under Indian law (zero-tolerance).
14.2 Sexual misconduct, including any form of harassment, unwanted advances, or inappropriate behavior.
14.3 Discrimination based on caste, religion, gender, sexual orientation, nationality, language, disability, or any other protected characteristic.
14.4 Theft, vandalism, or willful damage to property.
14.5 Disclosure of confidential Drop information (for mystery Drops) to non-participants or on social media in a way that compromises the experience for future Travelers, until and unless we publicly reveal the information.
14.6 Solicitation: marketing your business, selling products/services, or engaging in commercial activities targeting other Travelers during the Drop.
14.7 Audio or video recording of conversations, group discussions, or private moments without consent of those being recorded.
A Sacred Commitment
The clause that follows is among the most important in this entire document. It governs how we protect every Traveler, every team member, and every person who crosses paths with travelwithmacha, from sexual harassment, sexual misconduct, and assault.
Our position is unconditional: zero tolerance, survivor-centric, no exceptions, no negotiations. Read this section carefully. By booking a Drop, you accept it as a binding part of your contract with us.
14A.1 Zero-Tolerance Policy. travelwithmacha operates a strict, unconditional, and non-negotiable zero-tolerance policy on sexual harassment, sexual misconduct, sexual assault, and any conduct of a sexual nature that is unwelcome, coercive, exploitative, or non-consensual. This policy applies to every Traveler, every team member, every vendor, every guide, and every person engaging with us during a Drop, before a Drop, or after a Drop. Compliance with this Section is not optional. It is a fundamental condition of your booking.
14A.2 Survivor-Centric Approach. In all matters covered by this Section, our orientation is and shall remain survivor-centric. This means: (a) we believe survivors who come forward and we will not subject them to interrogation, doubt, or victim-blaming; (b) the safety, dignity, agency, and wishes of the survivor are paramount and override operational, commercial, or reputational considerations; (c) the survivor decides the pace, scope, and direction of any internal action, except where law mandates otherwise; (d) we provide support without conditions, and our support does not depend on whether the survivor chooses to file a police complaint, pursue civil action, or take no formal action at all; (e) we will never pressure a survivor to "settle," reconcile, or stay silent.
14A.3 Definitions. For the purposes of this Section, and supplementing (not limiting) the statutory definitions, the following constitute "Sexual Misconduct":
(a) Sexual harassment as defined in Section 75 of the Bharatiya Nyaya Sanhita, 2023, and Section 2(n) read with Section 3 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ("POSH Act"), including: physical contact and advances of a sexual nature; demands or requests for sexual favours; sexually coloured remarks; showing pornographic or sexual imagery; and any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.
(b) Sexual assault, including but not limited to acts attracting Sections 63, 64, 74, 76 of the Bharatiya Nyaya Sanhita, 2023.
(c) Stalking, voyeurism, and intrusion on privacy, including conduct attracting Sections 77, 78, and 79 of the Bharatiya Nyaya Sanhita, 2023.
(d) Image-based and digital sexual misconduct, including conduct attracting Sections 66E, 67, 67A, and 67B of the Information Technology Act, 2000.
(e) Sexual offences against minors, including all conduct attracting the Protection of Children from Sexual Offences Act, 2012 ("POCSO Act").
(f) Any conduct of a sexual nature that a reasonable person would find unwelcome, coercive, intimidating, hostile, exploitative, or degrading, even where such conduct does not meet the threshold of a criminal offence.
14A.4 Gender-Neutral and Inclusive Application. Our policy protects every person regardless of sex, gender, gender identity, gender expression, sexual orientation, age, religion, caste, nationality, language, ability, or any other characteristic. While certain Indian statutes (such as the POSH Act and BNS Sections 74-79) are framed in gender-specific terms, our internal contractual standard is fully gender-neutral and applies to harassment of any person by any person.
14A.5 Specifically Prohibited Conduct. Without limiting the general definition above, the following are explicitly and absolutely prohibited:
(a) any non-consensual touching, hugging, kissing, brushing against, or physical contact of a sexual or suggestive nature; (b) sexual advances, propositions, or requests for sexual favours, whether explicit or implicit; (c) sexually suggestive comments, jokes, innuendos, "compliments" of a sexual nature, or remarks about another person's body, attire, or sexuality; (d) showing, sending, displaying, or broadcasting sexually explicit content (including memes, GIFs, links, or AI-generated content) to any person without their explicit invitation; (e) taking photographs or video of any person in a state of undress, in private moments (changing, sleeping, bathing, using a restroom), or in any non-public context, regardless of whether such imagery is shared; (f) sharing, distributing, threatening to share, or non-consensually possessing intimate images of any person; (g) following, tracking, watching, or monitoring any person in a manner that causes a reasonable apprehension of intrusion, including digital monitoring after the Drop; (h) persistent unwanted communication, including messages, calls, social media interactions, or attempts to make contact, after the recipient has indicated (expressly or by conduct) a wish for it to stop; (i) initiating or attempting any sexual activity with a person who is asleep, unconscious, intoxicated, drugged, under sedation, or otherwise incapable of giving free and informed consent; such persons cannot consent as a matter of law; (j) using positions of perceived authority or seniority (including being a trip leader, guide, vendor, or older Traveler) to obtain sexual access, attention, or favours; (k) any sexual or romantic conduct involving a minor, regardless of any apparent or claimed consent (a minor cannot consent under Indian law); (l) facilitating, abetting, encouraging, conspiring in, or covering up any of the above conduct by any other person.
14A.6 Heightened Protections for Vulnerable Persons. In addition to the general protections, special heightened protection applies to: (a) any minor (a person below the age of 18; the POCSO Act, 2012, applies in full and overrides any inconsistent provision in these Terms); (b) any person who is asleep, intoxicated, sedated, unconscious, mentally incapacitated, or otherwise incapable of giving free and informed consent; (c) any person with a disability that affects their ability to communicate or resist; (d) any person in a position of dependence on the offender (for example, a Traveler being guided through high-altitude or technical terrain by the offender, where leaving safely is not immediately possible).
14A.7 Online, Digital, and Image-Based Sexual Misconduct. The same standards apply to online conduct in connection with travelwithmacha, including conduct on Drop group chats, WhatsApp groups, Instagram, and any digital channel where Travelers, staff, or vendors interact in connection with a Drop or in the period after a Drop. Specifically prohibited: (a) sending sexually explicit messages, images, or links to any person who has not explicitly invited such content; (b) sharing intimate images of any person without their explicit, specific, and informed consent for that specific share; (c) creating, possessing, or sharing AI-generated sexual content, deepfakes, or morphed imagery of any person; (d) screenshotting and sharing private conversations of a sexual nature; (e) contacting fellow Travelers via personal channels in a manner that, in totality, amounts to harassment or stalking. Such conduct may attract liability under Sections 66E, 67, 67A, and 67B of the IT Act, 2000, and the relevant Sections of the Bharatiya Nyaya Sanhita, 2023, in addition to action under these Terms.
14A.8 Reporting Channels. A person experiencing or witnessing Sexual Misconduct in connection with travelwithmacha may report through any one or more of the following channels. There is no required order, no required formality, and no required documentation at the point of reporting:
(a) During a Drop: to the trip leader, in person, by WhatsApp, by call, or by any signal of distress. (b) Direct to the founder: Ganesh Narayankar, WhatsApp/Phone: +91 7829211263, Email: bonvoyage@travelwithmacha.com. The founder's line is monitored at all reasonable hours during a Drop. (c) In writing: by email to bonvoyage@travelwithmacha.com, with the subject line "Confidential: Section 14A". (d) By trusted intermediary: through any person of your choosing (a fellow Traveler, family member, lawyer, or other advocate) on your behalf. (e) Anonymously: through a written note delivered to a trip leader or sent by email or post. Anonymous complaints are taken seriously, though the scope of investigation may be limited by lack of identifying information. You are never required to use our internal channels before approaching the police, a Local Committee under the POSH Act, a court, the National Commission for Women, the State Commission for Women, or any other lawful authority. These rights exist independently of, and are not delayed or restricted by, our internal procedures.
14A.9 Immediate Interim Safety Measures. Upon receiving a report or a credible indication of Sexual Misconduct, we shall, as soon as operationally feasible and without waiting for any investigation:
(a) ensure the immediate physical safety of the survivor, including separation from the alleged offender; (b) arrange separate accommodation, transport, and group arrangements at our cost, where feasible, to prevent any further contact; (c) where the alleged offender is another Traveler, suspend that Traveler's participation in the remainder of the Drop pending inquiry, with that Traveler being responsible for their own departure and onward arrangements; (d) where the alleged offender is a vendor, guide, or staff member, immediately remove that person from any role involving contact with the survivor or other Travelers, pending inquiry; (e) arrange access to medical care (including emergency medical care, post-exposure prophylaxis, and where applicable, support to access medico-legal examination at a government hospital, which under Indian law must be provided free of cost); (f) facilitate communication with the police, the survivor's family or chosen contact, and legal aid services, if and as the survivor requests; (g) not pressure or persuade the survivor to remain on the Drop or continue with the planned itinerary if they wish to leave; we will arrange and bear the cost of safe return travel to the original boarding city or to another location of the survivor's choice within India of equivalent cost.
14A.10 Investigation Procedure.
(a) Where the survivor is a member of our team or a contractor working on our Drops, the complaint shall be referred for inquiry to the appropriate Internal Committee or, where no Internal Committee is constituted by reason of staff strength below the threshold under Section 4 of the POSH Act, 2013, to the Local Committee constituted at the District level under Section 6 of the POSH Act, 2013, in accordance with the procedure prescribed under the Act and the Rules.
(b) Where the parties are Travelers, vendors, or any combination thereof falling outside the strict workplace scope of the POSH Act, 2013, an internal inquiry shall be conducted by a committee comprising: (i) at least one external person with relevant experience in dealing with Sexual Misconduct (a woman lawyer, social worker, or trained external member); (ii) the founder or a designated senior representative; (iii) wherever possible, a woman as a member of the inquiry, in keeping with the principles laid down in Vishaka v. State of Rajasthan (1997) 6 SCC 241.
(c) The inquiry shall be conducted with: (i) strict confidentiality; (ii) respect for the dignity, privacy, and autonomy of the survivor; (iii) reasonable opportunity to the alleged offender to respond, in compliance with principles of natural justice; (iv) reasonable diligence and speed, with a target of completion within ninety (90) days of receipt of the complaint, in line with the timeline prescribed under Section 11(4) of the POSH Act, 2013, where applicable; (v) a written outcome that is communicated to both parties.
(d) The internal inquiry is independent of and shall in no manner replace, delay, or prejudice any criminal investigation by the police, any prosecution, or any proceeding before a court, tribunal, Local Committee, or Commission. We will neither encourage nor discourage the survivor from approaching the police; that decision belongs to the survivor alone.
14A.11 Outcomes and Sanctions. Where, on the balance of probabilities applicable to internal inquiries (and not the higher criminal "beyond reasonable doubt" standard, which applies only in court), we are satisfied that Sexual Misconduct has occurred, the offender shall be subjected to one or more of the following sanctions, proportionate to the conduct:
(a) immediate and permanent termination of the booking, with no refund of any amount paid (forfeited as liquidated damages for breach of these Terms); (b) permanent ban from all future Drops, custom trips, communities, mailing lists, group chats, and any other engagement with travelwithmacha; (c) permanent removal from any role with us, in the case of staff, vendors, guides, or contractors, including non-renewal of contracts and termination in line with applicable labour and contract law; (d) public-interest disclosure to other tour operators, vendors, and accommodation partners where, in our reasonable opinion, such disclosure is necessary to protect other persons from substantial risk of harm, made in good faith, narrowly limited to factual findings, and within the protections recognized for qualified privilege under Indian defamation law (including Subramanian Swamy v. Union of India (2016) 7 SCC 221); (e) recovery of all costs incurred by us in protecting the survivor and managing the incident (including substitute accommodation, transport, medical co-ordination, legal fees), as a debt owed to us by the offender; (f) any other action permitted by law and proportionate to the misconduct.
14A.12 Cooperation with Law Enforcement.
(a) We will fully cooperate with any criminal investigation or prosecution arising from Sexual Misconduct, including by providing statements, preserving records, and producing evidence, in accordance with the Bharatiya Nagarik Suraksha Sanhita, 2023, and other applicable law.
(b) Where Sexual Misconduct involves a minor, the matter shall be reported by us to the appropriate authority in accordance with the mandatory reporting requirement under Section 19 of the POCSO Act, 2012. We shall not, in any circumstance, conceal or fail to report an offence under POCSO.
(c) Subject to (b), and to any other mandatory reporting obligation under law, the decision whether to file a First Information Report or other formal complaint rests with the survivor. We will not file an FIR over the survivor's wishes except where required by law.
(d) We shall preserve electronic records, group chat archives, vendor communications, photographs, and any other evidence in our custody for the duration of any inquiry or legal proceeding, and for a minimum of three (3) years thereafter, or as long as required by law.
14A.13 Confidentiality and Privacy of Survivor.
(a) The identity of the survivor, the contents of any complaint, the records of the inquiry, and any related communications shall be held in strict confidence and disclosed only on a strict need-to-know basis, in accordance with Section 16 of the POSH Act, 2013, and the principles laid down in the BNSS, 2023, regarding the protection of identity of survivors of sexual offences.
(b) Publication of any matter that could disclose the identity of a survivor of a sexual offence is prohibited under Indian law, and we will neither do so nor permit our team, Travelers, or vendors to do so.
(c) Each Traveler is contractually bound, by accepting these Terms, to maintain confidentiality regarding any incident that may come to their knowledge during a Drop, in deference to the survivor's privacy. The duty to maintain confidentiality does not override or restrict any person's right and obligation to report to law enforcement or to provide truthful evidence in any legal proceeding.
14A.14 Anti-Retaliation. Retaliation in any form against a person who has made a good-faith complaint, supported a complainant, served as a witness, or participated in an inquiry is itself a serious breach of these Terms and shall be treated with the same gravity as the underlying Sexual Misconduct. "Retaliation" includes (without limitation): threats, intimidation, social isolation, smear campaigns, online attacks, public disclosure of identity, defamation suits filed in bad faith to silence the complainant, contacting the complainant's employer or family with intent to harm, and adverse changes in any business or contractual relationship in response to the complaint.
14A.15 Protection of Genuine Reporting: Carve-Out from Defamation Clause. For the avoidance of any doubt, and notwithstanding anything in Section 19A.4 (Defamation) of these Terms:
(a) Genuine, good-faith reporting of Sexual Misconduct (whether to us, to the police, to the Local Committee, to a court, to a Commission, to legal counsel, to a medical professional, to a counsellor or therapist, or to a trusted person) shall never be treated as defamation, breach of confidentiality, or breach of these Terms, regardless of outcome.
(b) The pre-publication notice requirement in Section 19A.4(d) does not apply to reports or disclosures of Sexual Misconduct.
(c) No clause of these Terms shall be invoked, nor any legal proceeding initiated by us under these Terms, against any survivor, complainant, witness, or supporter for the bona fide reporting of Sexual Misconduct.
14A.16 No Settlement or Silencing Agreements. We will not request, propose, or accept any non-disclosure agreement, settlement, or arrangement, the effect of which would be to silence a survivor of Sexual Misconduct, prevent reporting to law enforcement, or restrict the survivor's right to speak about their own experience. Any such agreement, if requested by any party, shall be void as against public policy.
14A.17 Indemnity by Offender. An offender found to have committed Sexual Misconduct shall indemnify us in full against: (a) all costs of relocating, supporting, and arranging return travel for the survivor; (b) all costs of inquiry, including external committee fees and external legal advice; (c) all third-party claims arising from the offender's conduct; (d) all reasonable legal fees incurred by us in any proceeding arising from the conduct.
14A.18 Survival. This Section 14A survives the termination, completion, or cancellation of any Drop, Application, or relationship with us, and applies to all conduct that occurred during, in connection with, or as a consequence of any engagement with travelwithmacha.
15.1 In a medical emergency, we will: (a) assist in reaching the nearest medical facility; (b) arrange transport at the Traveler's cost; (c) contact the emergency contact provided; (d) provide supportive coordination - our role is logistical, not medical.
15.2 All medical expenses are the Traveler's responsibility. We do not pay for medical treatment, hospitalization, medication, or evacuation.
15.3 You must provide a valid emergency contact (name, relationship, phone number) at the time of booking, and update it if it changes.
15.4 For mental health crises during a Drop, we will assist in connecting you with appropriate resources but are not equipped to provide mental health care.
16.1 Alcohol consumption may be permitted in moderation, subject to local laws, dry day regulations, accommodation rules, and safety considerations. Cost is borne by you unless explicitly included.
16.2 Smoking is permitted only in designated areas as per local regulations.
16.3 Possession, use, or distribution of substances illegal under the Narcotic Drugs and Psychotropic Substances Act, 1985, or any other Indian law, is strictly prohibited and results in immediate removal from the Drop, forfeiture of all amounts paid, and reporting to authorities where required by law.
17.1 Definition. "Force Majeure Event" means any event or circumstance beyond our reasonable control that prevents, hinders, or substantially delays the performance of a Drop. Specific examples include:
(a) Acts of God: earthquakes, floods, landslides, cyclones, storms, avalanches, cloudbursts, forest fires, snowstorms, extreme weather events that make travel unsafe.
(b) War and Civil Unrest: war, armed conflict, terrorism, terrorist threats, riots, civil disturbances, insurgency, regional unrest, communal tensions affecting the destination.
(c) Government Actions and Restrictions: lockdowns, curfews, national or state emergencies, travel bans, border closures, permit revocations, election-related restrictions, sudden changes in laws or regulations affecting the Drop.
(d) Health Emergencies: pandemics, epidemics, disease outbreaks, vector-borne disease emergencies (such as dengue, malaria spike), advisories from the Ministry of Health and Family Welfare or equivalent authorities.
(e) Transport and Infrastructure Disruptions: road closures, landslide-induced route blockages, railway strikes, airline strikes, fuel shortages, sudden unavailability of transport services on the planned route.
(f) Utility and Communication Failures: prolonged power outages, telecom blackouts in remote regions, infrastructure breakdowns affecting accommodations.
(g) Cyber Incidents: cyber attacks affecting payment systems, booking platforms, or critical operational tools.
(h) Court Orders: stay orders, injunctions, regulatory directives that prevent or restrict the Drop.
(i) Vendor-Side Force Majeure: events affecting our key vendors that no commercially reasonable substitution can address within the available time.
17.2 Effect of Force Majeure. If a Force Majeure Event prevents, delays, or substantially affects a Drop:
(a) we are not liable for non-performance; (b) we will make reasonable efforts to recover funds from vendors; (c) refunds are limited to recoverable amounts after deducting documented non-recoverable vendor costs; (d) we may, at our discretion, offer credit toward a future Drop within 12 months in lieu of cash refund; (e) we will provide written documentation of non-recoverable costs upon request.
17.3 Communication. We will communicate with you via WhatsApp Business and email regarding any Force Majeure Event affecting your Drop, with updates as the situation develops. We commit to communicating within 24 hours of identifying a Force Majeure Event.
18.1 All content created by us, including Drop concepts and formats, Vibe Form questions and methodology, trip dossiers, Memory Artifacts, welcome materials, logos, branding, trademarks (including "travelwithmacha," "Macha," "Drop," and similar terms when used in this context), and photography/video content from Drops, is our exclusive property.
18.2 Booking a Drop does not grant you any rights to our intellectual property except as needed for the Drop itself.
19.1 Good Faith Resolution. You agree to first attempt to resolve any dispute through direct communication with us via the official email or WhatsApp Business number. We commit to responding within seven (7) working days.
19.2 Mediation. If direct resolution fails, the parties agree to attempt mediation through the Consumer Mediation Cell, Bangalore, in accordance with the Consumer Protection (Mediation) Regulations, 2020.
19.3 Arbitration.
(a) If mediation fails, any dispute, claim, or controversy arising out of or relating to these Terms or any Drop, other than disputes that fall within the exclusive jurisdiction of consumer protection forums under the Consumer Protection Act, 2019, shall be resolved by arbitration.
(b) Arbitration Procedure: (i) The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. (ii) The arbitration shall be conducted by a sole arbitrator appointed by mutual agreement, or in the absence of agreement, in accordance with the Act. (iii) The seat and exclusive legal place of arbitration shall be Bangalore (Bengaluru), Karnataka, India. By designating Bangalore as the seat, the parties agree that the courts of Bangalore shall have exclusive supervisory jurisdiction over the arbitration, including in respect of interim measures, appointment and challenge of arbitrators, setting aside, and enforcement, under Sections 9, 11, 14, 27, 34, 36, and 37 of the Arbitration and Conciliation Act, 1996. The physical venue of any hearing may, by mutual agreement of the parties, be conducted at any location or virtually, but such convenience-based change of venue shall not alter the seat. (iv) The language of arbitration shall be English. (v) The arbitrator's decision shall be final and binding, subject to the rights of appeal under the Act.
(c) Costs: Each party bears its own costs of arbitration unless the arbitrator determines otherwise.
(d) Consumer Rights: Notwithstanding the arbitration clause, nothing prevents you from filing a complaint before the appropriate consumer forum under the Consumer Protection Act, 2019, where you have such statutory right.
19.4 Exclusive Jurisdiction. Subject only to (a) your non-derogable statutory rights under the Consumer Protection Act, 2019 (which permits you to approach the consumer forum at the place of your residence, place of work, or place where the cause of action arose), and (b) the supervisory jurisdiction conferred upon Bangalore courts by the arbitration clause in Section 19.3, all disputes, claims, suits, applications, proceedings, and causes of action arising out of, in connection with, or relating in any manner to these Terms, the website, any Drop, or any service offered by travelwithmacha shall be subject to the exclusive jurisdiction of the competent civil and commercial courts in Bangalore (Bengaluru), Karnataka, India. Both parties hereby (i) submit irrevocably to the exclusive jurisdiction of such courts; (ii) waive any objection on the grounds of forum non conveniens or that any other forum is more appropriate; (iii) acknowledge that this clause is intended to satisfy and is consistent with Section 20 of the Code of Civil Procedure, 1908, and the principles laid down by the Supreme Court of India in A.B.C. Laminart Pvt. Ltd. v. A.P. Agencies (1989) 2 SCC 163 and Indus Mobile Distribution Pvt. Ltd. v. Datawind Innovations Pvt. Ltd. (2017) 7 SCC 678; and (iv) agree that any attempt to commence proceedings in any other forum (other than the consumer forum protected in this clause) shall constitute a material breach of these Terms and shall entitle the non-breaching party to recover all legal costs incurred in resisting such proceedings on a full-indemnity basis.
19.5 Governing Law. These Terms are governed by the laws of India.
19.6 Limitation Period. Any claim arising from a Drop must be raised within 90 days of the Drop's conclusion or the date the cause of action arose, whichever is later, except where statutory law provides a longer period.
A Notice of Importance
The provisions that follow form a critical and binding portion of these Terms. Each clause has been drafted with care to be enforceable under Indian law and applies to every Traveler who books, joins, or otherwise engages with travelwithmacha. Please read this section in full.
19A.1 Trademark Protection and Anti-Misuse.
(a) Our Marks. The following constitute our trademarks, service marks, trade dress, and brand identifiers (collectively, "Marks"): (i) "travelwithmacha", "travel with macha", and the handle @travelwithmacha, in word and stylized form; (ii) "Macha", "planwithmacha", and the handle @planwithmacha, in word and stylized form, when used in the travel and experience context; (iii) the term "Drop" when used in connection with curated group travel experiences as offered by us; (iv) all related logos, monograms, color schemes, taglines, and visual identifiers used by us in commerce; (v) all proprietary terminology developed by us, including without limitation "Vibe Form", "Memory Artifact", "the Reveal", and "trip dossier".
(b) Statutory Basis. The Marks are protected under the Trade Marks Act, 1999, the Copyright Act, 1957 (where applicable), and the common law of passing off as recognized by Indian courts.
(c) Prohibited Use. You shall not, without our prior written consent: (i) use, register, apply to register, or attempt to use any of the Marks or any deceptively or confusingly similar mark in any country, jurisdiction, top-level domain, or platform; (ii) use the Marks as part of a domain name, social media handle, app name, business name, hashtag, metatag, advertising keyword, or AI prompt designed to mimic our brand; (iii) use the Marks in a manner that suggests sponsorship, endorsement, partnership, affiliation, or association with us where none exists; (iv) use the Marks in a manner that tarnishes, dilutes, disparages, or causes detriment to their distinctive character or repute; (v) reproduce, mirror, or imitate our trade dress, visual identity, content style, or website layout in a way calculated to mislead the public.
(d) Consequences of Misuse. Misuse of any Mark constitutes: (i) infringement under Section 29 of the Trade Marks Act, 1999; (ii) passing off under common law; (iii) where applicable, copyright infringement under Section 51 of the Copyright Act, 1957; (iv) a material breach of these Terms.
(e) Remedies. We reserve all rights and remedies available under law, including without limitation: (i) interim, mandatory, and permanent injunctions before the competent courts of Bangalore under Sections 134 and 135 of the Trade Marks Act, 1999; (ii) damages, account of profits, and full costs; (iii) delivery up and destruction of infringing materials; (iv) takedown notices to platforms (Instagram, Meta, Google, the Trademarks Registry, and intermediaries under the IT Act, 2000); (v) criminal complaint where the conduct attracts liability under Sections 103 to 105 of the Trade Marks Act, 1999.
(f) Indemnity. You agree to indemnify, defend, and hold us harmless from any third-party claim, loss, fine, or expense (including reasonable legal fees) arising from your unauthorized use of the Marks.
19A.2 Content Protection, Sharing, and Anti-Misuse.
(a) Our Content. All photographs, videos, audio recordings, written materials, itineraries, trip dossiers, Memory Artifacts, welcome packets, Vibe Form questions and methodology, social media posts, captions, blog entries, taglines, design assets, and any other creative or informational output produced by us or our team in connection with travelwithmacha (collectively, "Our Content") is the exclusive copyrighted property of travelwithmacha under the Copyright Act, 1957. This Section 19A.2 supplements (and does not derogate from) Section 13.
(b) Limited License to You. Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, royalty-free license to: (i) view Our Content on our official channels; (ii) re-share Our Content on your personal social media for non-commercial purposes, with appropriate attribution to @travelwithmacha; (iii) retain personal copies of any Memory Artifact or content delivered to you specifically as part of a Drop, for personal, non-commercial use only.
(c) Strictly Prohibited Uses. You shall not, in any medium or format, whether in original or modified form: (i) reproduce, distribute, sell, license, sublicense, monetize, or commercially exploit Our Content; (ii) post Our Content on any competing travel platform, OTA, marketplace, listing site, or aggregator; (iii) use Our Content to train, fine-tune, or generate outputs from any artificial intelligence, machine learning, or generative model, except where such use is incidental to your personal, non-commercial use of consumer AI products; (iv) create derivative works, mash-ups, deepfakes, voice clones, or AI-generated derivatives of Our Content; (v) remove, obscure, alter, or fail to display copyright notices, watermarks, or attribution; (vi) use Our Content in a manner that brings disrepute to us, misrepresents our services, or creates false impressions about our offerings; (vii) upload Our Content to any public or private dataset, repository, or archive without our written consent.
(d) Confidential Drop Content. For Drops involving mystery or sealed components, the disclosure of any specific destination, accommodation, vendor, route, activity, or itinerary detail to non-participants, on social media, in any public forum, on review platforms, or to media (until and unless we publicly reveal the same) is strictly prohibited and constitutes both (i) a breach of these Terms; and (ii) a breach of the confidentiality obligations under Section 19A.3 below.
(e) Misuse of Photographs of Co-Travelers. You shall not, under any circumstance: (i) post, share, distribute, or publish identifiable photographs or videos of fellow Travelers without their explicit consent; (ii) use photographs of fellow Travelers in a manner that is sexual, defamatory, harassing, or commercially exploitative; (iii) upload such content to any platform that does not provide reasonable privacy and content-removal controls. Any breach of this clause may attract liability under Section 66E of the Information Technology Act, 2000 (privacy violation), the relevant provisions of the Bharatiya Nyaya Sanhita, 2023, and tortious liability for breach of privacy.
(f) Takedown Right. Upon written notice, you agree to promptly (and in any case within 48 hours) remove any of Our Content from any channel where it is published in violation of this Section. Failure to do so authorizes us to: (i) initiate platform-level takedown proceedings under Section 79 of the IT Act, 2000, and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021; (ii) seek injunctive relief; and (iii) recover the full costs of enforcement on a full-indemnity basis.
(g) Your Content License to Us. By tagging us, sharing content on our platforms, or sending us testimonials, photographs, or feedback, you grant us a perpetual, worldwide, royalty-free, sublicensable, non-exclusive license to use, reproduce, modify, publish, and display such content for marketing, operational, and editorial purposes, with reasonable attribution where commercially feasible.
19A.3 Non-Solicitation, Non-Circumvention, and Confidentiality.
(a) Reasoned Basis and Enforceability. The restrictions in this Section are reasonable, narrowly tailored, and necessary to protect our legitimate business interests, goodwill, trade secrets, and confidential information. They are not a restraint of trade or profession within the meaning of Section 27 of the Indian Contract Act, 1872. They are enforceable under principles laid down by the Supreme Court of India in Niranjan Shankar Golikari v. Century Spinning & Manufacturing Co. (1967) 2 SCR 378 and Superintendence Co. of India v. Sh. Krishan Murgai (1981) 2 SCC 246, which recognize that obligations protecting trade secrets, confidentiality, and goodwill are enforceable and do not amount to restraint of trade.
(b) Non-Solicitation of Personnel and Vendors. For a period of twenty-four (24) months following your last Drop, communication, or engagement with us (whichever is later), you shall not, directly or indirectly, on your own account or on behalf of any third party: (i) solicit, induce, recruit, hire, or attempt to hire any employee, contractor, trip leader, guide, photographer, designer, or consultant who works with us or has worked with us in the preceding twelve (12) months; (ii) solicit, induce, or persuade any vendor, accommodation partner, transport provider, activity operator, or other supplier introduced to you through us to terminate, reduce, or alter their relationship with us; (iii) solicit fellow Travelers introduced to you through any Drop for the purpose of marketing, selling, or offering a competing travel product or service.
(c) Non-Circumvention. For a period of twenty-four (24) months following your last Drop, you shall not, directly or indirectly: (i) contact, engage, or contract with any vendor, accommodation, transport operator, activity operator, guide, or supplier whom you came to know of solely through your participation in a Drop, for the purpose of bypassing us, replicating the experience offered by us, or operating a competing service; (ii) facilitate or assist any third party in doing the same.
(d) Carve-Outs. Section 19A.3(c) does not restrict your ability to: (i) book the same property or vendor independently if you have an existing prior relationship with that property or vendor that is unconnected to a Drop; (ii) book commonly-listed properties, transport, or operators that are publicly available on the open market and not specifically introduced to you by us as curated partners; (iii) recommend any vendor to family or friends for personal travel.
(e) Confidentiality. You acknowledge that the following constitute our Confidential Information and trade secrets: (i) the Vibe Form questions, methodology, scoring approach, and matchmaking logic; (ii) the concept, format, theme, route, vendor mix, and operational mechanics of any Drop, including unreleased Drops; (iii) our pricing structure, vendor rates, vendor contracts, margin arrangements, and commercial negotiations; (iv) Traveler lists, contact information, and Traveler profiles; (v) internal communications, business plans, growth strategies, and proprietary processes; (vi) any information explicitly marked confidential or which a reasonable person would understand to be confidential.
(f) Confidentiality Obligation. You agree, perpetually and irrevocably: (i) to hold all Confidential Information in strict confidence; (ii) to use Confidential Information only for the purpose of participating in your Drop and not for any other purpose; (iii) not to disclose Confidential Information to any third party, including competitors, journalists, content creators, or AI systems; (iv) to take reasonable steps to prevent unauthorized disclosure.
(g) Confidentiality Carve-Outs. The confidentiality obligation does not apply to information that: (i) is or becomes publicly available through no act or omission of yours; (ii) was lawfully in your possession before disclosure by us, evidenced by written records; (iii) is required to be disclosed by an order of a court, regulatory authority, or applicable law, provided you give us prompt prior written notice and reasonable cooperation in seeking protective measures.
(h) Liquidated Damages. Both parties agree that breach of Sections 19A.3(b), (c), (e), or (f) is difficult to quantify but causes substantial harm. As a genuine pre-estimate of damages, and not as a penalty, you agree to pay us as liquidated damages an amount equal to three (3) times the total amount you paid for your most recent Drop with us, without prejudice to our right to seek additional damages, accounts, and equitable relief where actual loss exceeds this amount, and subject always to the principles of Sections 73 and 74 of the Indian Contract Act, 1872.
(i) Injunctive Relief. You agree that monetary damages alone are inadequate for a breach of this Section, and we shall be entitled, without proof of special damage, to seek interim, temporary, mandatory, and permanent injunctive relief, specific performance, and equitable remedies before the courts of Bangalore.
(j) Survival. This Section 19A.3 survives the termination, completion, or cancellation of any Drop or your relationship with us.
19A.4 Defamation, Disparagement, and Reputational Protection.
(a) Right to Genuine Feedback. We respect, value, and welcome honest feedback, criticism, and reviews, whether positive or negative. Nothing in this Section restricts, chills, or penalizes genuine, good-faith criticism, opinion, or factual statements that are substantially true. Honest reviews, even unfavorable ones, are protected and welcomed.
(b) Prohibited Conduct. You shall not, in any medium (including social media, review platforms, blogs, podcasts, news media, group chats, AI prompts, or word-of-mouth): (i) publish, broadcast, or circulate any statement of fact about us, our team, our Marks, our Drops, our vendors, or our fellow Travelers that is false, knowingly inaccurate, or made with reckless disregard for the truth; (ii) engage in malicious, vexatious, or coordinated review-bombing, fake reviews, sock-puppet posting, or organized smear campaigns; (iii) make statements that impute criminality, professional incompetence, sexual misconduct, or fraud to any of our personnel without a substantially true factual basis; (iv) doctor, manipulate, or selectively edit screenshots, recordings, or communications in a way that creates a misleading impression; (v) engage in cyberbullying, harassment, threats, or intimidation against us, our team, or fellow Travelers; (vi) impersonate us or our personnel, or use AI-generated content (including deepfakes, voice clones, fabricated screenshots) to misrepresent our statements or conduct.
(c) Statutory Basis. Conduct prohibited under Section 19A.4(b) may attract: (i) civil liability for defamation and tortious interference under Indian common law; (ii) criminal liability under Section 356 of the Bharatiya Nyaya Sanhita, 2023 (defamation), and where applicable, Section 351 (criminal intimidation) and Section 353 (statements conducing to public mischief) of the same; (iii) liability under Sections 66, 66C, 66D, and 67 of the Information Technology Act, 2000, where the conduct involves online communications, identity misuse, cheating by personation, or obscene content; (iv) liability for breach of contract under these Terms.
(d) Pre-Publication Resolution (Good-Faith Step). Before publishing any negative statement of fact about us in public media, you agree, as a contractual obligation made in good faith, to: (i) first raise the concern in writing with our Grievance Officer (Section 20); (ii) allow us a reasonable period of fifteen (15) calendar days to investigate and respond; (iii) consider our response in good faith. This pre-publication clause does not apply to: (A) genuine statements of opinion (e.g., "I did not enjoy the food," "the pace was too slow for me"); (B) factual statements that are substantially true; (C) reports to law enforcement, regulatory authorities, or consumer forums; (D) statements compelled by legal process.
(e) Remedies. In the event of breach of this Section, we reserve the right to: (i) seek interim and permanent injunctions, including ex-parte and John Doe orders, before the courts of Bangalore; (ii) seek damages for harm to reputation, lost bookings, and goodwill; (iii) pursue criminal complaints where the conduct attracts criminal liability; (iv) issue takedown notices to platforms and intermediaries under the IT Act, 2000, and the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021; (v) recover full legal costs on a solicitor-client basis from the breaching party.
(f) Constitutional Reservation. Nothing in this Section is intended to, and shall not be construed to, infringe upon your fundamental right to freedom of speech and expression under Article 19(1)(a) of the Constitution of India, or your statutory right to file genuine consumer complaints, regulatory complaints, or pursue legal remedies. The protections in this Section apply solely to false, malicious, or reckless conduct that exceeds the constitutional and statutory protections of free speech, as recognized by the Supreme Court of India in Subramanian Swamy v. Union of India (2016) 7 SCC 221.
20.1 Grievance Officer.
Name: Ganesh Narayankar Designation: Proprietor Email: bonvoyage@travelwithmacha.com Phone/WhatsApp: +91 7829211263 Address: Based out of Bengaluru, Karnataka
20.2 Complaint Procedure. Submit complaints in writing via email or WhatsApp. We commit to: (a) acknowledging receipt within 48 hours; (b) providing initial response within 7 working days; (c) resolving complaints within 30 days of receipt, where possible.
20.3 Escalation. Unresolved complaints may be escalated to: (a) Consumer Helpline: 1915 / consumerhelpline.gov.in (b) Tourist Helpline: 1800-11-1363 (c) E-Daakhil portal for consumer complaints (d) District Consumer Disputes Redressal Commission, Bangalore.
21.1 We may amend these Terms at any time. Amendments are effective from the date of publication on our official channels.
21.2 Amendments apply to: (a) new bookings made after the amendment date; (b) existing bookings only with your written consent, except where amendments are required by law or do not adversely affect you.
21.3 Material amendments will be communicated to existing Travelers via WhatsApp Business or email.
22.1 Severability. If any provision is found invalid or unenforceable, the remaining provisions remain in full force.
22.2 No Waiver. Failure to enforce any provision does not waive the right to enforce it later.
22.3 Entire Agreement. These Terms, together with the Drop Description and Liability Waiver, constitute the entire agreement between you and us.
22.4 Communication. All communications under these Terms are via:
22.5 Assignment. You may not assign your rights or obligations without our written consent. We may assign our rights and obligations to any successor entity (such as a future LLP or Private Limited Company).
Business Name: travelwithmacha (sole proprietorship) Proprietor: Ganesh Narayankar Address: Based out of Bengaluru, Karnataka Email: bonvoyage@travelwithmacha.com WhatsApp Business: +91 7829211263 Instagram: @travelwithmacha
By submitting an Application, paying any deposit, or participating in a Drop, you confirm: (a) you have read and understood these Terms in full; (b) you have read and signed the Liability Waiver (Annexure A); (c) you have read the specific Drop Description; (d) you have completed the mandatory Health and Fitness Declaration; (e) you have had opportunity to ask questions and seek clarification; (f) you voluntarily agree to these Terms and assume the associated risks.
LIABILITY WAIVER, RELEASE, AND ASSUMPTION OF RISK AGREEMENT
I, [TRAVELER NAME], age [AGE], holding [GOVERNMENT ID TYPE AND NUMBER], understand and agree:
1. I am voluntarily participating in a Drop organized by travelwithmacha (the "Operator"), specifically [DROP NAME] scheduled from [START DATE] to [END DATE].
2. I acknowledge that the Drop involves activities in offbeat locations and may include outdoor activities such as trekking, walking, water-based activities, transport over varied terrain, and exposure to remote environments.
3. I have completed the Health and Fitness Declaration in full. I have disclosed all material medical conditions, allergies, fitness limitations, and special requirements. I confirm that I am physically and mentally fit to participate. I understand that providing false or incomplete information may void the Operator's duty of care and my booking.
4. I have read and understood the inherent risks of travel and outdoor activities described in Section 11 of the Terms and Conditions, and I voluntarily assume these risks.
5. I agree to follow all reasonable instructions from the Operator, trip leaders, guides, and authorities during the Drop.
6. Scope of Release: Except in cases of (i) the Operator's gross negligence, (ii) the Operator's willful misconduct, (iii) death or personal injury caused by the Operator's negligence, (iv) fraud, or (v) any liability that cannot be limited or excluded under Indian law (including statutory rights under the Consumer Protection Act, 2019), I release the Operator from claims arising from the inherent risks of travel that have been disclosed to me.
7. What This Waiver Does Not Cover: I understand that this waiver does not exclude or limit the Operator's liability for: (a) death or personal injury caused by the Operator's negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot be excluded under the Consumer Protection Act, 2019, or any other Indian law; (d) statutory rights and remedies available to me as a consumer.
8. I have provided the following emergency contact: - Name: [EMERGENCY CONTACT NAME] - Relationship: [RELATIONSHIP] - Phone: [NUMBER]
9. Mandatory Health Declaration Confirmation: I confirm that I have completed the Health and Fitness Declaration accurately and completely. (Mandatory checkbox.)
10. I have read and accepted the full Terms and Conditions of travelwithmacha, including the Drop Description for the specific Drop.
Signature: _______________________________ Name: [TRAVELER NAME] Date: _______________________________ Place: _______________________________
Mandatory: To be completed by every Traveler before booking confirmation.
Drop Name: ____________________________ Drop Dates: ____________________________ Traveler Name: ____________________________ Age: ____ Gender: ____
Section 1 - Medical Conditions (tick all that apply, with details)
Diabetes - Details: ____________________ Heart condition / cardiovascular issues - Details: ____________________ Asthma or respiratory conditions - Details: ____________________ Epilepsy or seizure disorders - Details: ____________________ Hypertension - Details: ____________________ Chronic back, joint, or musculoskeletal issues - Details: ____________________ Other chronic conditions - Details: ____________________ None of the above
Section 2 - Current Medications
List all current medications and dosages: _______________________________________
Section 3 - Allergies
Food allergies - Details: ____________________ Medication allergies - Details: ____________________ Environmental allergies - Details: ____________________ Insect bite reactions - Details: ____________________ None
Section 4 - Recent Medical History (Last 12 Months)
Surgery - Details: ____________________ Hospitalization - Details: ____________________ Significant injury - Details: ____________________ None
Section 5 - Pregnancy (if applicable)
Currently pregnant - Trimester: ____ Not applicable
Section 6 - Mental Health
Currently under mental health treatment - Details: ____________________ History of conditions requiring on-trip support - Details: ____________________ None
Section 7 - Mobility / Accessibility Needs
Yes - Details: ____________________ None
Section 8 - Dietary Restrictions (Medical)
Details: ____________________
Section 9 - Mandatory Confirmations
I confirm the above declaration is true, accurate, and complete to the best of my knowledge. I have read and understood the physical and health requirements of this Drop. I acknowledge that travelwithmacha may, based on my disclosures, restrict my participation in specific high-risk activities for safety reasons. I will inform travelwithmacha in writing if any of the above changes between booking and the Drop start date.
Signature: _______________________________ Date: _______________________________