TERMS AND CONDITIONS
We kindly ask our participants to read carefully the following Terms and Conditions. We wish you a pleasant trip.
1. Conclusion of Travel Contract, third-party services
1.1 With your booking you are agreeing to enter a binding travel contract with the Tour Operator. The travel contract comes into effect when the Tour Operator issues his acceptance. The form of this acceptance does not have to comply with any particular standard.
1.2 Your booking is for you as well as for all the people travelling with you. You are answerable for your obligations in respect of this contract as well as other people travelling with you.
1.3 You will receive written confirmation within 24 hours after concluding the contract. The confirmation in writing will contain all important details and information on the holiday services you have booked.
1.4 Special or customized reservations are provisional bookings for holidays not yet advertised. They will be converted into firm bookings as soon as and as long as the holiday is bookable for the requested period.
1.5 If you only book an admission ticket from a third-party provider without any travel arrangements, the Tour Operator acts only as agent for the third party. The purchase of the mediated admission ticket(s) means you are entering into a contractual arrangement with the respective provider. The name of the provider in question is on the admission ticket.
2. Payment
2.1 To safeguard the monies paid by customers the Tour Operator has taken out insolvency insurance cover.
2.2 As a rule, at the time of concluding the contract the confirmation is handed over against payment of a deposit or 100% of the total price. The Tour Operator confirms that your holiday is available as booked and the itinerary (in the case of ticketless travel) or the travel documents are either waiting for you where you made the booking (e.g. at the travel agency, online travel agency, call center) or have been forwarded to you as agreed. In the case of bookings made shortly before the holiday (60 or fewer days before the start of the holiday), the full price of the holiday is due immediately.
2.3 The charges in the event of cancellation (see Section 8), change to booking or handling fees (see Section 9) as well as charges for customized holiday arrangements (see Section 6) are payable immediately.
2.4 For customized bookings, the Tour Operator offers payment via invoice/bank transfer. The payment must be transferred within 3 banking days from receipt of invoice. In this case, the person making the booking must provide his/her first and last name, full address and a valid telephone number. For this payment method, the customer must pay all the banking fees.
2.5 If payments that are due are not paid or not fully paid and you do not pay even after receiving a reminder with the payment deadline, the Tour Operator can cancel the contract. In the event of cancelling the travel contract, the Tour Operator can demand payment of cancellation charges as compensation in line with Sub-section 8.3.
2.6 Costs for additional services such as transfers, tickets for events etc. are not included in the holiday price unless expressly itemized on the tour page.
3. Basis of Rates
3.1 All prices are calculated per person in a double/twin room. For single travellers there is an additional "single supplement" fee. All prices and fares are quoted in EURO. The rates are based on accommodation tariffs, airfares and third-party charges and are subject to change due to unforeseen circumstances. While Discovery Nomads will do everything possible to maintain the listed prices, if it is necessary to levy a surcharge, Discovery Nomads reserves the right to do so, and notification will be given at the time of final invoicing.
4. Eligibility
4.1 Participation in a Discovery Nomads Tours is eligible for 18 years old adults. Anyone under 18 must be accompanied by a parent or guardian for the entire journey.
5. Fees and Services Included in the Tour Price
5.1 Accommodations and meals as indicated in the itinerary (B=breakfast, L=lunch, D=dinner); educational materials; pre-departure information; entrance fees, excursions, and sightseeing noted as included in the itinerary; all gratuities except those for train or ship's crew, unless otherwise noted on the itinerary page; ground transportation during the expedition; transfers to and from flights where applicable; services of local guides and any other staff; port charges, baggage handling, and service charges. Internal airfare while travelling on the tour is included as indicated in the itinerary.
5.2 For all the adventures Tour Operator book a single or double/twin room in 4-5* stars hotels. Upon request or in some hard-to-get destinations we book an apartment 4* stars.
6. Customized Tours and Amendments to the running Tour
6.1 If travellers already at the destination request changes to flight or hotel arrangements, the Tour Operator reserves the right to charge a reasonable handling fee per person in addition to the extra costs that may arise. Flight amendments are not possible for some tours and changes will result in booking a new flight/ticket. The cost of the new flight/ticket will be agreed with the traveller.
6.2 If you would like to prolong your holiday stay, please inform your booking manager as soon as possible. We are only happy to extend your stay if the relevant accommodation and return transport options are available. The costs for extending the stay are payable at the destination. Please have a close look at the applicable rates and conditions for your return transport as well as the period of validity of your travel insurance and any possible visa requirements.
7. Fees Not Included in the Tour Price
7.1 Air transportation and related fees to/from the start/end destination (except internal flights as indicated in the itinerary); activities noted as optional in the itinerary; gratuities for train or ship’s crew, unless otherwise noted on the itinerary page; passport, visa, and permit expenses; medical expenses and immunizations; baggage/accident/cancellation insurance; personal expenses, such as laundry, telephone calls, and alcoholic beverages; and any other items not specifically noted as included.
7.2 For single travellers there is a mandatory single room supplement which will be added to the final tour price during your booking on the website.
7.3 In some countries, there is a local tax known as "visitors' tax", “city tax” "tourist tax" (or similar) and other fees including (but not limited to) resort fees or service charges, which shall be paid directly by the end consumer at the establishment and/or at the airport. Although Tour Operator uses reasonable endeavours to pay for them in advance there are certain countries and hotels that require the city tax be paid by cash at the hotel. In this case, the Tour Operator can provide, at the time of booking, an estimation of the applicable fees and/or local tax(es) attributable to each individual booking and payable at the time of booking and/or locally on arrival (“Local Tax/Fee Estimation”), however please note that Tour Operator does not warrant that the Local Tax/Fee Estimations shall be accurate and you acknowledge and agree that the Local Tax/Fee Estimations are provided as estimates only. You further acknowledge that Local Taxes and Fee Estimations may change from time to time. As a result, Tour Operator cannot be held liable for any loss, costs or damages incurred as a result of the provision of such Local Taxes/Fee Estimations. Confirmation of and the accuracy of the Local Taxes/or Fee Estimations is ultimately the responsibility of the traveller.
8. Cancellation of the Tour and Cancellation Charges
8.1 All cancellation notices must be received in writing and will become effective as of the date of the postmark or e-mail.
8.2 If a participant cancels 60 days or more prior to departure, a full cost of a trip will be refunded.
8.3 Per-person charges for cancellations that occur less than 60 days prior to departure (“Cancellation Penalty Period”) are as follows:
- 60 or fewer days prior to departure: 100% of the trip cost. All tour vouchers and/or tour credits are nonrefundable. In case the participant changes one tour to another the later booking becomes nonrefundable and no further changes are allowed.
8.4 Cancellation charges are also due if a traveller does not appear punctually (no-show) at the times specified in the travel documentation at the relevant airport or place of departure or if the holiday cannot be commenced for failure to possess the relevant travel documents such as valid passport or necessary visa for a reason the Tour Operator does not have to answer for.
8.5 This policy also applies to pre- and post-tour extensions. Any revisions made within the Cancellation Penalty Period, such as a change in departure date or choice of tour, are subject to this cancellation policy. Any airline tickets issued are subject to the carrier’s refund policy. Arriving late or leaving an adventure in progress, for any reason whatsoever, will not result in a refund, and no refunds will be made for any unused portions of an adventure.
8.6 The Tour Operator reserves the right to cancel any tour which is economically infeasible to operate or because of good-faith concerns. If an adventure is cancelled 30 days prior to departure, the Tour Operator will provide participants with a full refund of monies paid, except in the event that the cancellation is due to a significant event that makes it infeasible to operate the tour as planned, in which case the Tour Operator will provide participants with a refund and/or credit toward a future Discovery Nomads trip equivalent to monies paid.
8.7 If the Tour Operator cancels the tour in progress, participants will receive a prorated refund based on the number of days not completed on the trip. Except as outlined above when the Tour Operator cancels the trip, the Tour Operator and its designated tour agent have no responsibility for any expenses, including any non-refundable expenses, incurred by participants in preparing for a cancelled trip or for any additional arrangements should participants embark prior to the scheduled departure date.
9. Itinerary Changes
9.1 The itineraries presented on the website are subject to modification and change by Discovery Nomads or its designated tour agent. Every reasonable effort will be made to operate programs as planned, but alterations may still occur after final itineraries are sent.
9.2 Any changes made to significant holiday services specified in the original travel contract that may become necessary after the conclusion of the contract and are not due to actions on the part of the Tour Operator involving a breach of good faith are permissible only to the extent that they are of minor significance and do not impair the overall nature of the holiday booked. Any warranty claims remain unaffected, especially as far as the changed services are subject to defects. The Tour Operator undertakes to inform the traveller about any significant changes to the holiday services as soon as the reason for any changes becomes known.
9.3 Subsequent to the conclusion of the holiday contract if there is an increase in transport costs or duties levied for certain services, such as port or airport taxes, the Tour Operator reserves the right to increase the holiday price agreed in the contract.
9.4 Charging increased costs in accordance with Subsections 9.2 and 9.3 is only permitted, if the interval between conclusion of the holiday contract and the agreed travel date is more than 3 months and the circumstances leading to the increase had not occurred nor could be foreseen before the contract was concluded.
9.5 Upon request of the traveller no less 120 days before the tour, the Tour Operator will, as far as this is feasible, amend your confirmed booking. Changes to bookings/ amendments are deemed to be, for example, changes to travel dates, destination, place where holiday commences, accommodation or transport. A special fee of € 50 per person is charged for such an amendment. Any additional costs incurred by service providers (e.g. airlines, hotels) will be charged separately. Therefore it is important that you ensure your name is written correctly on all documents.
10. Documentation
10.1 Travellers are responsible for obtaining any documents required for their participation in the tour such as a valid passport, all visas, vaccination certificates, insurance and any other documents. Failure to obtain documents does not negate the terms and conditions, and any extra costs incurred for rerouting due to travel without the necessary documents will be the traveller’s responsibility and additional costs will apply.
11. Health Requirements
11.1 Travellers must be in good physical and mental health. Any physical condition, diet, or treatment requiring special attention must be reported in writing when the reservation is made. The Tour Operator encourages participants to consult a doctor for specific medical advice about any activities or destinations. Certain trips may require that the traveller obtain medical consent prior to departure as a condition of participation.
12. Health Insurance
12.1 Travellers must obtain international health insurance prior to the departure on their own expense. The insurance program shall at least cover the health treatment expenses in the countries visited.
12.2 The Tour Operators recommend taking out a comprehensive travel insurance package, in particular including a (to be bought separately) travel cancellation insurance as well as insurance that covers repatriation costs in the event of an accident or illness.
13. Extraordinary circumstances – force majeure
13.1 Neither party shall be liable for any costs or damages due to delay or nonperformance under this Contract arising out of any cause or event beyond such party’s control, including, declared or actual war, civil unrest, blockades, strikes, embargoes, earthquakes, floods, fires and other calamities.
13.2 Tour Operator will make a reasonable effort to operate programs as planned or postpone the tour at the agreed departure date according to section 9.5 of this contract.
14. Compensation
14.1 If a travel service or component is not fulfilled in conformity with the contract, the traveller is entitled for a refund. The Tour Operator can refuse to provide a refund if the traveller fails to notify of any matter or situation that required the travellers to pay extra funds or miss the tour, eg sightseeing tour.
14.2 The traveller is entitled to claim a reduction in the price of the holiday if the holiday services were not provided in conformity with the contract and he did not culpably omit to notify the Tour Operator of the defects immediately (without undue delay).
15. Liability
15.1 If a deficiency should exist, the traveller is entitled irrespective of reduction in the price of the holiday or termination to claim damages for non-performance unless the deficiency was caused by circumstances beyond the Tour Operator’s control.
15.2 Contractual claims for compensation of the Tour Operator’s contractual liability for damages other than personal injury is limited to the price of the holiday.
a) insofar as the damage suffered by the traveller was not caused by the Tour Operator willfully or through gross negligence or
b) insofar as the damage suffered by the traveller is the Tour Operator’s responsibility owing to it being solely due to the fault of a service provider.
15.3 Damages resulting from unlawful acts
All claims against the Tour Operator based on unlawful action that are not due to wilful acts or acts of gross negligence are limited with respect to damage to property to the twofold of the price of the holiday. These maximum liability amounts apply per traveller per holiday.
15.4 The Tour Operator is not liable for interruptions to services, personal injury and damage to property related to services for which the Tour Operator acted merely as an agent and only mediated services rendered by an outside party (e.g. excursions, sports events, visits to the theatre, exhibitions, transportation services from and to the advertised places of departure and destinations) provided these services were explicitly designated in the holiday description and the booking confirmation as services rendered by an outside party indicating the contractual partner so clearly that they are discernible to the traveller as not being part of the holiday performance of the Tour Operator.
15.5 Transportation is provided on the basis of the terms and conditions of transport of the respective transport provider.
15.6 You are fully responsible if you partake in sports or other holiday activities. You should check sports facilities, equipment and vehicles before using them. The Tour Operator recommends that travellers take out accident insurance.
15.7 In the event of damage to or delays in the delivery of baggage or goods after a flight, the Tour Operator recommends that you urgently and without delay notify the respective air carrier in the destination by completing and submitting the Passenger Irregularity Report (PIR). If this cannot be done immediately it should be done in the case of baggage at the latest within 7 days, and in the case of goods within 14 days after taking receipt, and in the case of delayed baggage at the latest 21 days after the baggage or goods were handed over to the traveller. As a rule airlines refuse to pay compensation if the PIR has not been not completed and submitted.
16. Dispute Resolution
16.1 If the participant has a complaint, he/she should first inform the Tour Operator or trip leader while on the trip so that the Tour Operator or agent can attempt to rectify the matter. If the participant is still dissatisfied, he/she should submit the complaint in writing to the Tour Operator within 30 days of the completion of the trip.
16.2 Any controversy or claim arising out of or relating to this Agreement, brochures, or any other literature concerning this trip, or the breach thereof, including without limitation any claim related to illness, injury, or death, shall be subject to the following conditions: 1) the dispute will be governed by English law; 2) the parties agree that they will attempt in good faith to settle any and all disputes arising out of, under or in connection with this Agreement, including without limitation the validity, interpretation, performance and breach hereof, through a process of mediation in London UK under the supervision of a mutually agreed upon mediator; 3) in the event that mediation fails to settle such a dispute, the parties agree that they will proceed to arbitration in London using one arbitrator pursuant to the then existing rules of the English Arbitration Association; 4) the maximum amount of recovery to which a participant will be entitled under any and all circumstances will be the published cost of the participant’s trip with Discovery Nomads. This Agreement to arbitrate does not waive or modify any liability release agreed by the participant.
17. Limitation of liability and Assignment
17.1 Limitation of liability
17.1.1 All other claims asserted by the traveller lapse after one year in line with the statute of limitations.
17.1.2 The determining date for the lapse of claims is based on the day that follows the day the holiday ends as per contract.
17.1.3 Claims arising from unlawful acts lapse after three years.
17.1.4 If negotiations between the traveller and the Tour Operator regarding the claim or the circumstances surrounding the claim remain unresolved, then the period after which the claim lapses will be postponed until the traveller or the Tour Operator refuses to continue with the negotiations. The period after which the claim lapses will take effect at the earliest 3 months after the end of the postponement.
17.2 The assignment of claims against the Tour Operator to other parties is excluded. This does not apply to co-travelling family members or to co-travellers in a jointly registered group.
18.Legal Information
18.1 Discovery Nomads is represented by Discovery Nomads LLC. We are incorporated under the laws of England and Wales. Our incorporation number is 13655582 and our incorporation address or registered office is 27 Old Gloucester Street, London, WC1N 3AX UK. Contact information: info@discoverynomads.com or tel.+44(333)444-53-87.
19.Other
19.1 Additional Terms and Conditions may apply to some tour and will be provided with pre-tour mailings. By registering for a Discovery Nomads trip, the participant agrees to the Terms and Conditions published on the website. Participants can contact Discovery Nomads at any time during the trip for additional booking services.