Terms and Conditions
For the purposes of the contract, Discover Elsewhere will herein be referred to as 'The Company'. The Client refers to the relationship between either the valid agency or the direct relationship between The Company and the travelling party.
Please be aware that this document applies to our tours as a general rule. Terms that vary in any way from those stipulated will only apply if approved in writing. Private bookings may attract variations of these terms and conditions, these terms still apply unless otherwise stipulated in writing.
Those persons wishing to make a booking should have read through the below terms and conditions carefully. A booking comes into existence when an invoice or confirmation email is sent through to either the booking agent or the person nominated in the booking. It is at this point that a contract between Discover Elsewhere and the client comes into existence.
The client is inclusive of third party agents. All services to be provided are expressed in the confirmed itinerary.
The Company’s Tours are subject to changes as indicated in the terms and conditions below. There is no existence of any verbal contracts, guarantees or special circumstances other than those listed herein or proffered in writing.
MEDICAL CONDITIONS, HEALTH AND AGE REQUIREMENTS.
Age Requirement: The company designs tours for adults. Unless otherwise specified all trips are for persons over the age of 18 only. Anyone over the age of 18 will be deemed as an adult capable of making decisions regarding their own acceptance of risk, physical and mental capabilities.
Anyone over the age of 70 will require a medical certification from a qualified doctor indicating that they are fit to travel on the indicated tour. The Company can provide information to give to the doctor so that they are best able to adjudicate the level of fitness required.
Pregnant Women: The Company requires any pregnant women to mention this prior to departure. The Company may refuse to carry pregnant women on their tours, if the pregnancy will exceed 20 weeks at the time of travel.
Special Recommendations: The Company is not always qualified to carry persons who have some physical disabilities. Enquiries can be made to see if we have guides and hotels that meet your individual requirements.
We also request that passengers traveling with a mental illness, ensure with a qualified doctor that they are not placing themselves or others in any danger by traveling with the Company.
The Client accepts that The Company is not able to provide any medical advice. It is highly recommended you visit a medical professional to double check your ability to travel and obtain relevant vaccinations.
The Company sells tours in USD and will make any currency adjustments using an updated currency calculator such as www.xe.com.
DEPOSIT AND PAYMENT SCHEDULE
At the time of booking a non-refundable deposit is due. Bookings made within 60 days of tour departure require full payment within 2 days. Bookings made within 30 days require full payment immediately. The company is not responsible for any credit card charges or bank transfer fees. Deposits are non refundable, and, are only transferrable in cases where payments are able to be recovered from our suppliers, eg. airlines, hotels, activity operators.
At the time of booking The Company requires the following information:
Name as per passport.
Date of Birth
Flight Arrival Information
A valid email address for each traveler
If the passport number and flight arrival information is not available at the time of booking, then it should be provided 60 days prior to the tour departure date. Failure to provide this information may result in a tour cancellation. If The Client provides inaccurate or outdated information, The Company may need to charge additional fees to adjust airline tickets.
CANCELLATION BY CLIENT
Cancellation of a tour will be valid from the date it is received by The Company.
The following fees will apply:
More than 60 days: The Deposit is held and can be used for another tour of equal or greater value. Only cancellation fees charged by airlines or hotels will be charged. No fees added by The Company.
31-59 days – 50% of the value of the tour is retained by The Company as cancellation fees.
30 days or less – 100% of the value of the tour is retained by The Company as cancellation fees.
Cancellation of additional services such as pre/post- tour accommodation, airport transfers or single room supplements will incur the below cancellation charges:
Greater than 30 days – 0% cancellation charges.
30 days or less – 100% of the value of the additional costs.
CANCELLATION BY THE COMPANY
The Company maintains the right to cancel any tour with 60 days notice or more, except in the case of force majeure when deemed unsafe to travel by The Company. In the case of a tour cancellation by the Company the Client is able to recover their losses by any of the following methods:
Select a different tour of greater value, providing the additional funds.
Select a tour of lesser value, where the difference will be refunded by the Company.
Have the value of the tour fully refunded by The Company.
Where The Company has agreements with other travel companies you may be able to alter your itinerary to a tour offered by selected travel companies.
Tours of greater value will require additional funds to be provided by The Client. Where possible the Company will not cancel a tour but might alter the tour to avoid areas of conflict. In this case we may offer refunds on usused portions of the trip. If the alteration of the tour requires additional funds The Client has the choice to opt into this alternative plan or make alternate arrangements.
Any cancellations that affect any incidental bookings such as flight tickets, rail tickets, visas, vaccinations or ongoing travel arrangements are not the responsibility of The Company. The Company may need to make some minor changes to the tour will is inclusive of hotel arrangements and the itinerary which is not caused by force majeure or influences beyond the control of The Company.
If The Client leaves the tour early either voluntarily or involuntarily, any unused services are not available for refund.
VALIDITY OF PRICES AND SURCHARGES
The cost of the tour is subject to change after booking due to increases in included flights, accommodations or the cost of the tour inclusions. Any changes will be notified to The Client 30 days prior to departure. Any changes less than 4% of the total tour cost will be absorbed by the company.
If the total cost of the change is greater than 8% The Client is able to:
Accept the cost of the increase.
Withdraw from the contract without penalty.
Transfer to another tour operated by The Company.
The Company reserves the right to alter any prices advertised on the website. The price is guaranteed insofar as the above stipulations. The Company will make all reasonable attempts to avoid any changes to the advertised price.
The Client will maintain some flexibility in their travel arrangements to allow The Company to manage this. Please note that this is also subject to unforeseeable circumstances, force majeure of forces outside of the control of The Company.
The Client accepts that the mode of travel offered by The Company requires flexibility in the tour arrangements. Reasonable alterations may be made by The Company without notification to The Client. Some of these changes may be the result of local festivities or events, protests or political disputes, tribal disputes, outbreak of contagious diseases, border disputes or alteration of visa requirements, flight cancellations, mechanical breakdowns, strikes, extreme weather or any other event of an unforeseeable nature which affects the travel plans or safety of travel in the country of travel.
Any change will affects the travel itinerary to three or more days of the planned itinerary will be notified in advance to The Client if possible. Flexibility on Tour: During the tour some of the above listed events may affect the safety of the tour running in accordance with the advertised itinerary. If additional costs are incurred avoiding an unsafe area, these will be the responsibility of The Client. Authority on Tour: Any changes made during the tour will be at the discretion of the tour leader. The tour leader will enforce our guidelines on Positive Impact Travel and will be able to request the departure of The Client if they fail to adhere to the customs and laws of the country, or The Company’s guidelines on Positive Impact Travel.
International airfares are not included in the tour cost (unless specifically stipulated) and should be provided by The Client to get to the starting point of the tour. The Client is required to notify the Company of their flight details and any changes to their flight itinerary. Regional / local flights in the tour are included.
ACCEPTANCE OF RISK
I understand that the nature of the tour offered by The Company is adventurous and involves an inherent risk. The Client assumes responsibility of this risk and hereby releases The Company from all causes of action or claims arising from damages, personal injury or death.
The Client should understand that “Off the Beaten Path” travel may mean that the level of hygiene, standard of accommodation, mode of transportation, cleanliness, medical facilities and general infrastructure will likely not reach the standard of their country of residence. The Client must also notify the Company of any pre-existing medical conditions to a representative of The Company. This information will not be distributed to any third parties.
The Client also understands that the risk of traveling in areas that The Company travel to may have physical challenges, inherent dangers or political climates that are unfamiliar to them. During the trip there may be opportunities to participate in activities that are not included, but operated by third party suppliers.
The Client understands that The Company cannot vouch for the safety of the optional activity and cannot take responsibility for any damages, claims, personal injuries or death that arise from the actions or negligence of the third party supplier. The Client understands that third party suppliers are obliged to meet the operating standards of the country in which they are traveling and not the standards of their home country.
The Client must be in possession of the following:
A passport which is valid for at least 6 months beyond the last date of travel.
All necessary visas, permits or travel documents to be able to obtain the necessary visas on arrival in countries where this option is available.
We ask all clients to travel with at least 4 passport photos and two photocopies of their passport.
All relevant vaccinations for the region they are traveling to.
The Client must be in possession of travel insurance and have a valid 24 hour emergency contact for the travel insurer, as well as your policy number.
The Client should also travel with a copy of their itinerary and should check the website 72 hours prior to the trip departure to guarantee that the tour will operate without any major changes.
FACTORS OUTSIDE / FORCE MAJEURE
The Client hereby understands that any claim, damage, delay, illness, personal injury, death, loss or detriment to person or property directly or indirectly incurred by a factor outside of the control of The Company is not the responsibility of The Company. Such factors my include (but are not exclusive to) war, Acts of God, strikes, labor difficulties, riot, insurrection, government imposed curfews or restrictions on travel, fire, extreme weather conditions, terrorist activities, terrorist threats, political disturbances, or any other cause beyond the control of The Company which are not reasonably foreseeable.
Travel insurance is compulsory for all travellers and should be taken out at the time of booking. Your travel insurance must provide cover against personal accident, death, medical expenses and emergency repatriation with a minimum coverage of 200,000 USD for each of the categories of cover.
It is strongly recommended that your insurance also includes cover against cancellation, curtailment, personal liability and loss of luggage and personal effects. Proof of insurance must be provided on the first day of the tour which includes a 24 hour emergency contact number for your travel insurer and a policy number. You must also be able to provide contact details for your nominated next of kin.
DISCOUNTS AND PROMOTIONS MADE ON A TOUR / ITINERARY.
Any advertised discounts or promotions are valid only for new bookings made in the duration of the advertisement. Any bookings that have already been secured on a tour are not able to obtain a refund or receive the discounted prices. Only one discount or promotion is valid to any tour.
CLAIMS AND COMPLAINTS
If The Client has any complaints against The Company then they should be raised with the tour leader or local contact during the tour. If a satisfactory resolution cannot through these means then any further complaint must be made by email to the customer service team within 30 days after the completion of the tour – email@example.com
Whilst on tour The Client may wish to participate in activities that are not a part of the itinerary. Whilst the Tour Leader will render all assistance possible to maximize The Clients enjoyment of the tour, The Client accepts that any assistance rendered offering optional extras does not render The Company liable for the quality or safety of this activity. If the Tour Leader accepts payment, it is an action taken on behalf of the third party supplying the activity. The subsequent contract formed is between the third party supplier and The Client
The Company contracts with a network of companies, government agencies and individuals in the running of our trips. The Company is not responsible for the acts or omissions of these third parties.
To the fullest extent permitted by law:
To the extent an Implied Warranty cannot be excluded, our liability in respect of the Implied Warranty is limited to (in our absolute discretion):
Any claim by you is excluded to the extent that it is for indirect or consequential loss, loss of profits or economic loss, however it arises, or for indirect, special, punitive or exemplary damages.
Liability for any loss, death, injury or damage which you may suffer (directly or indirectly) in connection with or arising out of your participation in a trip, or any breach of the Booking Conditions, is excluded.
You release us and our officers, employees, agents and representatives from any liability and expressly waive any claims you may have against us arising out of or in connection with your participation in a trip.
Any condition or warranty which would otherwise be implied by law into these Booking Conditions (Implied Warranty), is excluded.
the provision of a similar trip to an equivalent value; or
a refund of the total amount received by us from you in connection with your booking.
In the event that any term or condition contained in these Booking Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason, then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.
SUCCESSORS AND ASSIGNS
These terms and conditions shall be binding to both The Company and The Client and their respective heirs, next of kin, legal representatives, successors and assigns. The Company ‘Discover Elsewhere’ exists under and is pursuant to the laws of Thailand. Discover Elsewhere is a TAT licensed company.
Any information that the Company collects about The Client will be distributed only to those parties that require the information for the operation of your trip. This includes but is not limited to your Tour Leader, Third Party Suppliers, Government Agencies (where deemed necessary) and individuals that ensure the smooth operation of the tour. All information will otherwise be treated with confidentiality and will not be distributed to any party that is wholly unrelated with the operation of your trip.
IMAGES AND MARKETING
Unless otherwise stipulated and agreed to by The Company, any photos or videos taken whilst on tour may be replicated and reproduced without royalties, irrevocably on a worldwide basis for promotional purposes by The Company. These images are inclusive of those taken by other travellers and/or representatives of the Company.
REFUSAL OF SERVICE
The Company retains the right to refuse service to any Client outside of any reasons for discrimination. This may be based on the suitability of The Client to the tour or the group.
UPDATING OF TERMS AND CONDITIONS
These Terms and Conditions may be updated at the will of The Company. The most updated version will be found online at www.discoverelsewhere.com