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Terms and Conditions

BOOKING TERMS & CONDITIONS

By booking a tour or any travel service (a “Tour” or “Travel Service”) with Design Travel Ltd (“Design Travel Ltd” or the “Tour Operator”), you (“you”) agree to these Terms & Conditions (the “Terms”). Design Travel Ltd is a brand of Design Travel Ltd and is a member of TICO (No. 50018756 / 2155392).


By booking a Tour or Travel Service you acknowledge that you have read, understand and agree to be bound by these Terms. If you make a booking on behalf of other participants, you guarantee that you have the authority to accept and do accept these Terms on behalf of the other participants in your party.


Disclaimer:
Travel is personal and each individual’s goals and experiences may differ. Design Travel Ltd will not be bound by, or liable for, any description, representation or warranty made by any independent third party sales representative, Travel Agent, or other person or entity relating to any Tour or Travel Service offered by Design Travel Ltd.

1. THE BOOKING CONTRACT

You must be at least 18 years of age to make a booking. You agree to provide full, complete and accurate information to the Tour Operator.

Your booking is confirmed and a contract exists when the Tour Operator or authorized agent issues an invoice after receipt of the applicable deposit amount. Please check your invoice carefully and report any incorrect or incomplete information to the Tour Operator or authorized agent immediately. You are responsible for verifying everything on your invoice is accurate and complete; including dates of travel, insurance waiver, options selected, and that each name and personal details matches exactly as stated in the relevant passport.

In the case of billing errors, Design Travel Ltd reserves the right to re-invoice you with correct pricing. Changes are subject to the fees and penalties noted in these Terms.

2. BOOKING ON BEHALF OF OTHERS

By booking on behalf of other participants, you are deemed to be the designated contact person for every participant included on that booking. This means that you are responsible for making all payments due in connection with your booking, notifying the Tour Operator or your authorized agent if any changes or cancellations are required and keeping your party informed.

By booking on behalf of another person or persons, you represent and warrant that you have obtained all required consents. You are responsible for verifying that any information you provide on behalf of another participant is complete and accurate and the Tour Operator will under no circumstances be liable for any errors or omissions in the information provided to complete a booking.

3. REQUIRED MEDICAL INFORMATION

You must provide any medical information reasonably requested by the Tour Operator and may be required to complete the Tour Operator’s and/or its supplier’s medical form (the “Medical Form”), which will be provided by the Tour Operator or authorized agent.

Medical Forms are mandatory for certain Tours or Travel Services. If you have any preexisting medical conditions which may impact your ability to travel, participate in a Tour, travel to remote areas without access to medical facilities or may adversely affect the experience of others while traveling, you must return a Medical Form, signed by a licensed and practicing physician to the Tour Operator prior to the time of final payment for the applicable booking.

You agree to complete the Medical Form honestly and to disclose all relevant medical information accurately and fully. The Tour Operator will maintain the information in accordance with the Tour Operator’s Privacy Policy available upon request.The Tour Operator and/or its supplier’s reserves the right to request further information or professional medical opinions where necessary, as determined in its discretion, for your safety or the safe operation of a Tour or Travel Service.

The Tour Operator and/or its supplier’s reserves the right to deny you permission to travel or participate in any aspect of a Tour at any time and at your own risk and expense where the Tour Operator and/or its supplier’s determines that your physical or mental condition renders you unfit for travel or you represent a danger to yourself or others.

Pregnancy is considered a medical condition and must be disclosed to the Tour Operator at the time of booking. The Tour Operator may refuse to carry pregnant women over 24 weeks. The Tour Operator may refuse to carry anyone with certain medical conditions if reasonable accommodation or alternatives cannot be arranged.

In the event that you do not complete the required Medical Form or provide medical information reasonably required by the Tour Operator for any reason by the deadline indicated above, the Tour Operator reserves the right to cancel your booking and all applicable cancellation fees will apply.

You are responsible for assessing whether a Tour is suitable for you. You should consult your physician to confirm your fitness for travel and participation in any planned activities. You should seek your physician’s advice on vaccinations and medical precautions. The Tour Operator does not provide medical advice. It is your responsibility to assess the risks and requirements of each aspect of the Tour based on your own unique circumstances, limitations, fitness level and medical requirements.

Travel with the Tour Operator may involve visiting remote or developing regions, where medical care may not be easily accessible and medical facilities may not meet the standards of those found in your home country. The condition of medical facilities in the countries you may visit on your Tour varies and the Tour Operator makes no representations and gives no warranties in relation to the availability or standard of medical facilities in those regions.

4. INSURANCE REQUIREMENTS

It is strongly recommended that you obtain travel insurance with a minimum medical coverage of US$200,000 while travelling on a Tour and this insurance should cover personal injury, medical expenses, repatriation expenses, and evacuation expenses. It is also recommended to extend your coverage to include cancellation, curtailment, and all other expenses that may arise as a result of loss, damage, injury, delay or inconvenience while traveling. Personal belongings lost or stolen while unattended by you in public lounges or other public areas, whether on board a vessel, train, bus, or other mode of transportation, publicly owned or operated by the Tour Operator’s suppliers or elsewhere, are not reimbursable. Losses due to ordinary wear and tear, and other acts of God are not reimbursable. The Tour Operator and/or its suppliers cannot accept responsibility for and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities used by the Tour Operator and/or its suppliers such as accommodations, home stays, vessels, expedition vehicles, or any other mode of transportation.

You acknowledge that insurance coverage is not included in the cost of any Tour or Travel Service offered by the Tour Operator and you are required to obtain separate coverage at an additional cost. It is your responsibility to ensure that you have sufficient coverage and comply with the terms of the applicable insurance plans. You are responsible for advising your insurer of the type of travel, destination(s) and activities included in your booking so that the insurer may provide appropriate coverage.

5. SPECIAL REQUIREMENTS

Any special requirements must be disclosed to the Tour Operator at the time of booking. The Tour Operator will use reasonable efforts to accommodate special requirements or requests but this is not always possible given the nature of the destinations visited and availability of options outside a planned itinerary. Certain activities may be inaccessible to you if your mobility is limited in any way. All food allergies and dietary restrictions must be disclosed to the Tour Operator at the time of booking. The Tour Operator cannot guarantee that dietary needs or restrictions can be accommodated. Any special requests or requirements do not form part of these Terms or the contract between you and the Tour Operator and the Tour Operator is not liable for any failure to accommodate or fulfill such requests.

6. SPECIAL ASSISTANCE

Tour participants must ensure they are medically and physically able to travel. You must advise Design Travel Ltd at the time of booking, or as early as possible, of any physical, medical or other special needs that require accommodating. Design Travel Ltd will make reasonable attempts to accommodate the special needs of disabled travelers, but is not responsible in the event it is unable to do so nor responsible for any denial of services by air carriers, hotels, restaurants, or other independent suppliers. Design Travel Ltd and/or its suppliers cannot provide individual assistance to a participant for walking, dining, getting on and off coaches, cruise ships, and other modes of transportation, or other personal needs. If we are not notified at time of booking of any disability requiring special attention, Design Travel Ltd reserves the right to cancel your booking or terminate your Tour if your special needs or disabilities are not suitable for the Tour, are incompatible with other travelers, or if you are not traveling with a companion who provides all the assistance you require. Design Travel Ltd will not refund or cover any costs or expenses incurred for cancellation, booking, or termination of the Tour. Cancellation penalties, as per the Terms apply.

Some Tours include rough terrain, cobblestone streets, uneven pavement, steps and locations, which may not be easily accessible or accessible by wheelchair. Some locations and sightseeing activities require extensive standing, sitting, or walking. You must make your own decision about excursions and participate only in activities that suit your physical ability. Design Travel Ltd will not refund or cover any cost or expense incurred for any missed activities due to a participant's inability to fully participate with the group. Most accommodations and transportation services, including touring vehicles, trains and vessels, are not equipped with wheelchair accessibility or ramps. Although some vessels have elevators, many small vessels do not. Passengers requiring elevators should inquire before making a booking.

Motorized scooters and motorized wheelchairs are not suitable for international travel and are not permitted on Design Travel Ltd tours.

7. AGE REQUIREMENTS

The minimum age for anyone traveling on any Tour is 18 years old.

On any Travel Services, anyone under the age of 18 on the date of first travel is considered to be a minor and must always be accompanied by an adult. Due to heightened security, many countries have adopted practices to prevent international abductions of minor(s). If a minor(s) will be traveling with adults other than the parents or with only one parent, it is recommended that the parents or non-traveling parent granting authorization to travel write a notarized letter, including the dates of travel. We suggest that you also contact the appropriate consulate and airlines because they may have additional requirements or recommendations. The Tour Operator will not be responsible for any fees, damages, or losses incurred as a result of any failure to secure necessary consents, permits, and approvals.

8. PRICES, SURCHARGES AND TAXES

The published price of the Tour and Travel Services offered by the Tour Operator is subject to change at any time. Tours are priced and advertised exclusive of applicable sales taxes. After a deposit invoice has been issued by the Tour Operator, the Tour Operator reserves the right to impose surcharges on any products or services booked for reasons arising from increases in transportation costs, fuel costs, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airport charges, local operator costs, currency and exchange fluctuations, increases in taxes, or government action which impacts the price of the applicable products or services; provided however, the Tour Operator will only do so where the increase in question is greater than 2% of the original price paid for the products or services (excluding add-ons, insurance, and taxes). Upon learning of the necessity to impose a surcharge in accordance with this section the Tour Operator will provide notice to you as soon as reasonably possible.

Where the increase in price is greater than 7% of the original price of the applicable products or services (excluding add-ons, insurance and taxes), you may choose to either:

(a) cancel the applicable booking without incurring any penalty; or

(b) accept the change of price.

You must notify the Tour Operator or authorized agent of your choice within 7 days of receipt of notice of the increase or you will be deemed to have accepted the price change and will be liable for payment of the increase.

From time-to-time the Tour Operator or authorized agent may offer reduced pricing on certain products or services. Reduced pricing applies only to new bookings. Bookings where the Tour Operator or authorized agent has received payment of at least a deposit are not entitled to reduced pricing.

9. VALIDITY

Prices on the Design Travel Ltd website and its brochures are based on rates in effect at time of publishing. All dates, itineraries and prices are subject to change at any time and the current price will be quoted and confirmed at the time of booking. The price of a Tour or Travel Service is guaranteed when paid in full, subject to any potential surcharges as stipulated in Section 8.

10. DEPOSITS

At the time of booking your Tour, a deposit, per person is due to Design Travel Ltd in the amount outlined on the Tour Operator’s website www.designtravel.ca. Deposits should be sent to the Tour Operator or authorized agent, as applicable. If the booking is made 90 days or less prior to departure, full payment is due at the time of booking.

For Travel Services, a deposit is required in the amount outlined in the quotation sent by email from the Tour Operator.

Certain Tours and Travel Services booked through Design Travel Ltd may require you to provide a higher deposit or make full payment at the time of booking. The Tour Operator or authorized agent will advise you of any such requirements prior to confirmation of the applicable booking. Accepted payments include VISA, MasterCard, American Express, Bank Wire Transfers and E-transfers (where applicable).

11. GUARANTEED TOUR DEPARTURES

A departure date for a Tour offered by Design Travel Ltd would become a guaranteed departure when a valid deposit has been made on that departure by the minimum required participants per Tour as per the Tour Operator website www.designtravel.ca

Note: We recommend that you do not purchase international airline tickets until a Tour has been confirmed as a guaranteed departure. Please feel free to contact Design Travel Ltd to confirm the status of a Tour you are interested in booking.

12. GROUP CAPACITY

The maximum number of participants per Tour does not include the trip leader, guides or other staff. Should only one space remain on a Tour, it is the Tour Operator’s policy to accept two more participants even if it exceeds the stated trip maximum.

13. DETAILS REQUIRED FOR BOOKING

As a condition of booking, you must provide the information by the Tour Operator along with your deposit payment. If you fail to provide all required information prior to the date on which full payment is due, an administrative fee will be charged for any costs incurred by the Tour Operator as a result of your failure to provide the required information. If you fail to supply information required by the Tour Operator for air tickets, permits, or other inclusions, you will also be liable for any costs, fees or losses including failure to obtain or provide that inclusion. In the event that you fail to supply information required by the Tour Operator, the Tour Operator also reserves the right to treat your booking (or the relevant component of your booking) as cancelled and levy any cancellation fees deemed reasonable by the Tour Operator, in its sole discretion. The information required by the Tour Operator will vary and will be communicated to you by the Tour Operator or authorized agent during the booking process. The Tour Operator will not be held responsible for any fees you incur as a result of errors, omissions, inaccuracies, late, misplaced or otherwise incomplete information you have provided.

14. REQUIRED DOCUMENTATION AND IDENTIFICATION TO TRAVEL

It is your responsibility to obtain information and to have in your possession all the required documentation and identification required for entry, departure and travel to each country or region. This includes a valid passport and all travel documents required by the relevant governmental authorities including all visas, permits and certificates (including but not limited to vaccination or medical certificates) and insurance policies. You must have a passport that is valid 6 months after the last date of travel with the Tour Operator as set out on your itinerary. It is recommended you have a minimum of three blank pages in your passport when traveling. Multiple-entry visas may be required. The process of obtaining a visa and/or passport can take up to three months or more.

You accept full responsibility for obtaining all such documents, visas and permits prior to the start of travel, and you are solely responsible for the full amount of costs incurred as a result of missing or defective documentation. You agree that you are responsible for the full amount of any loss or expense incurred by the Tour Operator that is a direct result of your failure to secure or be in possession of proper travel documentation.

Some government agencies in foreign countries require the Tour Operator to obtain and pass on in advance of travel, certain personal and other details related to you, including passport details. If you fail to supply the details, as requested, fully and accurately, your trip might be interrupted or canceled. There are no refunds for failure to provide documentation or failure to provide documentation by the time required.

The Tour Operator does not provide advice on travel documents and makes no representations or warranties as to the accuracy or completeness of any information provided on visas, vaccinations, climate, clothing, baggage, or special equipment and you agree that the Tour Operator is not responsible for any errors or omissions in this information.

15. INTERNATIONAL AIR ARRANGEMENTS

Tour prices do not include international or other airfare unless expressly mentioned in the Tour description or Travel Service’s quotation.

International air may be purchased through the Tour Operator for travel originating from the Tour participant’s home country. The Tour Operator acts only as a sales agent for the applicable air carrier and the air carrier terms and conditions apply to the purchase and use of the air travel ticket. All carriers are independent operators and are not owned, managed, or operated by the Tour Operator. Your airline ticket is a contract between you and the air carrier only, even if you purchase through the Tour Operator. By purchasing your air services through the Tour Operator, you waive all liability for the Tour Operator for such air services.

The Tour Operator is not responsible if an airline cancels, reschedules, or delays a flight for any reason. If you purchased air through the Tour Operator, they will try to assist in making new arrangements, providing you have not already checked in with your airline for your first flight segment. After check-in, you must work with the airline directly to reach your destination or to make any alternate arrangements, including amendments to return services. Airline fees often apply for modifications to air schedules not related to airline-imposed flight cancellations, reschedules, or delays. These fees will be payable to the airline directly at time of request.

In addition to any airline-imposed fees, an administration fee will be charged by Design Travel Ltd for any alteration or revision made to a reservation after payment is received. Any revision to a booking, including but not limited to flight cancellations or name changes, may result in the loss of confirmed airline reservations or increased airfare, which will be payable by you. In many instances for Flex-Air purchases, airline revision or change fees are up to $300 USD, but in some instances may be up to 100% of the ticket price, requiring new air to be purchased, which will be payable by you.

If you miss your departure flight or connection, it is your responsibility to work with the airline on which you are ticketed to reach your destination. No refunds will be provided by the Tour Operator for portions of trips missed due to canceled, rescheduled, or delayed flights after airport check-in, nor is the Tour Operator responsible for any additional expenses you may incur prior to joining your trip if you miss your departure flight or flight connection.

If any air schedule requires an overnight stay in a gateway city, the Tour Operator can assist you with hotel reservations; however, the cost of the overnight stay (including but not limited to hotel and meals) is your expense. Air routings are subject to availability. Routings are not guaranteed and are subject to change at any time.

If you make your own flight arrangements, the Tour Operator will not be responsible for any loss resulting from cancellation or changes in international gateways, itineraries, or travel dates. We recommend that you do not purchase airline tickets with high penalty charges for changes.

Please consult the air carrier’s applicable terms and conditions and conditions of carriage for complete information including applicable cancellation terms.

Note: We recommend that you do not purchase international airline tickets until a Tour has been confirmed as a guaranteed departure. Please feel free to contact Design Travel Ltd to confirm the status of a Tour you are interested in booking.

16. FINAL PAYMENT & ACCEPTANCE OF BOOKING

The confirmation sent by the Tour Operator or authorized agent will contain details of final payment required for any booking. Payment of the balance of the price for any Tours or Travel Services booked is due 90 days before the departure date of the first product or service included in the applicable booking. If full payment is not received by the applicable due date, the Tour Operator may, at its sole discretion, change the rate payable for the booking, or treat the booking as cancelled and retain the deposit paid on the booking as a cancellation fee. If a booking is made less than 90 days before the departure date of the first product included in the applicable booking, then the full amount must be paid at the time of booking. If, for any Tour or Travel Service booked, payment terms differ from those outlined in this section, the applicable terms will be communicated to you prior to booking and will also be detailed on the applicable invoice.

The Tour Operator is not responsible for any charges levied by third parties or financial institutions and payable by you as a result of credit card or other payment transactions and will not refund or return any fees charged by third parties or financial institutions in connection with payments made by you to the Tour Operator.

17. CHANGES MADE BY YOU

You are responsible for ensuring that information provided to the Tour Operator is accurate and up-to-date. Any changes to your name on any booking are subject to the Tour Operator’s approval. Any changes to a booking depend on availability and are subject to the Tour Operator’s approval and these Terms. Any extra costs incurred for making the change will be charged to you along with an administrative fee. Cancellation of any Tour, product or service included in a booking will not be considered a change for purposes of this section and will be governed by the applicable cancellation terms. No changes are permitted to any booking within 21 days of departure of the first product or service on the applicable booking.

18. TRAVEL DOCUMENTS

The Tour Operator sends passenger travel documents to you by email approximately 3 - 4 weeks prior to departure; provided full invoice payment has been received. An administration fee per booking is added for documents requested by ground delivery or by courier. Express delivery with related charges is required for reservations made within 45 days of commencement of services and for delivery internationally; charges will be quoted at time of reservation.

19. CANCELLATION BY THE PARTICIPANT/CLIENT

You may cancel your booking by notifying the Tour Operator in writing or by email. Cancellation charges will be determined with reference to the date on which the Tour Operator receives notice of cancellation. Cancellation charges may also apply to any additional services, including extra night accommodations, independently supplied services and optional excursions reserved prior to the tour. Cancellation charges are outlined per Tour on the Tour Operator’s website www.designtravel.ca

For Travel Services booked with the Tour Operator, alternative cancellation terms may apply. The Tour Operator will advise you of any such requirements prior to confirmation of the applicable booking.

20. CANCELLATION OF A TOUR BY THE TOUR OPERATOR

The Tour Operator reserves the right to cancel or reschedule any Tour departure for any reason, including insufficient demand or Force Majeure. If a Tour is cancelled prior to departure, the Tour Operator’s only responsibility will be to refund the amount received for the booking. The Tour Operator will try to re-book the same Tour with a different departure date, or a similar Tour, but there is no guarantee of availability of offering.

The Tour Operator is not responsible for any incidental expenses or consequential losses that you incur as a result of the cancelled booking including visas, vaccinations, non-refundable flights or rail, non refundable car parking or other fees, loss of earnings, or loss of enjoyment. Where a significant element of a Tour as described cannot be provided after departure, the Tour Operator will make suitable alternative arrangements where possible. If it is not possible to provide a suitable alternative or if you reasonably reject any suitable alternatives, the Tour Operator may provide you with a refund for unused products or services as determined in its discretion.

21. FLEXIBILITY & UNUSED SERVICES

You acknowledge that the nature of travel requires flexibility and permits reasonable alterations to products, services or itineraries by the Tour Operator. The route, schedules, accommodations, activities, amenities and mode of transportation are subject to change without notice due to unforeseeable circumstances or events outside the control of the Tour Operator (including but not limited to Force Majeure, illness, mechanical breakdown, flight cancellations, strikes, political events and entry or border difficulties). No reimbursements, discounts or refunds will be issued for services that are missed or unused after departure due to no fault of the Tour Operator, including your removal from a Tour because of your negligence or breach of these Terms.

22. TOUR ITINERARY CHANGES

The Tour Operator may modify the Tour itinerary where reasonably required in its sole discretion. If the Tour Operator makes a change affecting the itinerary or which materially affects the character of a product or service in its entirety, the Tour Operator will provide notice to you as soon as reasonably possible, provided that there is sufficient time to do so before departure.

Once a Tour has departed, itinerary changes may be necessary as a result of unforeseen circumstances, operational concerns, or concerns for your health, safety, enjoyment or comfort. Any changes are at the discretion of the Tour Operator. You acknowledge that you must have reasonable financial resources to cover incidental expenses during all travel with the Tour Operator. The Tour Operator is not liable for your failure to prepare adequately for travel and unforeseen circumstances, which may arise during travel.

23. AUTHORITY TO REMOVE OR REFUSE PASSENGERS

It’s the sole discretion of the Tour Operator or its suppliers to refuse transport to any passenger or may require any passenger to leave the tour if it is reasonably believed that the passenger:

(1) is dangerous to others or to himself or herself

(2) has engaged in, is engaged in, or is threatening to engage in behavior that may adversely affect the safety, security, comfort, enjoyment, or well-being of other passengers or the Tour Operator’s representatives, including, but not limited to, behavior that is disruptive, verbally abusive, physically abusive, obnoxious, harassing, discriminatory, or obscene

(3) has failed or refused or is failing or refusing to follow the Tour Operator’s and/or supplier’s rules, procedures or instructions of the Tour Operator or its representatives. In the event a passenger is removed, such passenger may be left at any city without any liability to the Tour Operator or its suppliers. Design Travel Ltd shall not be required to refund any portion of the price paid by any passenger who is removed under the terms of this paragraph, nor shall Design Travel Ltd be responsible for expenses for lodging, medical care, meals, transportation, or any other expenses incurred by the passenger. Design Travel Ltd shall be entitled to recover from the passenger any costs or expenses incurred by Design Travel Ltd or its suppliers in the removal of the passenger or the exercise or enforcement of this clause.

24. ACCEPTANCE OF RISK

You acknowledge that travel and the products and services offered by the Tour Operator may involve a significant amount of risk to your health and safety. By traveling with the Tour Operator you acknowledge that you have considered any potential risks to health and safety. You hereby assume responsibility for all such risk and releases the Tour Operator from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in travel, including adventure travel, visiting foreign destinations, and participating in adventurous activities such as those included in Tour itineraries or otherwise offered by the Tour Operator

You acknowledge that the degree and nature of personal risk involved depends on the products or services booked and the location(s) in which a product or service operates, and that there may be a significant degree of personal risk involved in participating, particularly participating in physical activities, travel to remote locations, carriage by watercraft, participation in “extreme sports” or other high-risk activities, or travel to countries with developing infrastructure. Standards of hygiene, accommodation and transport in certain countries are often lower than the standards you may reasonably expect in your home country or region. You agree that the Tour Operator is not responsible for providing information or guidance with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where a Tour, product or service is operated. You acknowledge you have considered the potential risks, dangers and challenges and your own personal capabilities and needs, and you expressly assume the risks associated with travel under such conditions.

You must at all times strictly comply with all applicable laws and regulations of all countries and regions. Should you fail to comply with the above or commit any illegal act when on Tour or, if in the opinion of the Tour Operator or its suppliers (acting reasonably), your behavior is causing or is likely to cause danger, distress or material annoyance to others, the Tour Operator or its suppliers may terminate your travel arrangements on any product or service immediately at your expense and without any liability on the Tour Operator’s or supplier’s part. You will not be entitled to any refund for unused or missed services or costs incurred as a result of termination of your travel arrangements, including, without limitation, return travel, accommodations, meals, and incidentals.

You are responsible for any costs (including repair, replacement and cleaning fees) incurred by the Tour Operator or the Tour Operator’s suppliers for property damage, destruction or theft caused by you while on a Tour. You agree to immediately report any preexisting damage to a representative of the Tour Operator and staff of the accommodation, transportation service, or facility as soon as possible upon discovery.

You agree to take all prudent measures in relation to your own safety while on Tour including, but not limited to, the proper use of safety devices (including seat belts, harnesses, flotation devices and helmets) and obeying all posted signs and oral or written warnings regarding health and safety. Neither the Tour Operator nor its suppliers (as defined herein) are liable for loss or damages caused by your failure to comply with safety instructions or warnings.

25. TOUR TRANSPORTATION

For the enjoyment of all passengers, Design Travel Ltd asks that Tour participants respect their fellow travelers and engage in seat rotation on its Tour transportation, including safari vehicles. Alcohol consumption is not allowed on board any Tour vehicles. Most vehicles used on Tour are not equipped with washrooms. There will be stops allowing you the opportunity to use the facilities and/or stretch your legs. In the rare event included coach, vessel, train or air services are unavailable, alternate services will be provided. Itinerary timings are approximate and are subject to change.

26. HOTELS AND ACCOMMODATIONS

The hotels (including pre and post accommodations) listed on the website or in all printed materials are intended to be used on all departures; however, hotels are not guaranteed. Design Travel Ltd reserves the right to substitute other hotels than those listed. If a change becomes necessary for any reason, including alternate hotels for additional departures on the same date, or hotel location changes within or outside itinerary cities, the hotel substituted will be of equivalent quality to those shown. No refunds are provided for hotel changes; full cancellation penalties, as noted above, apply.

Single occupancy ensures your own room, which may be a twin or double-bedded room. Room and bed preferences are not guaranteed. Single rooms in some hotels are smaller in size. On overnight trains and vessels, single accommodation may not be available or are limited and singles may be asked to share.

Check-in and checkout times vary worldwide; Design Travel Ltd cannot control or guarantee times. Any requests must be made directly with the hotel or vessel.

27. INCLUDED CRUISE ON A TOUR

When a Tour includes a cruise component, the cruise carrier reserves the right at any time, without notice, to cancel any cruise to change or postpone the date or time of sailing or arrival, to change the port of embarkation or disembarkation, to shorten the cruise or substitute the vessel. If required to do any of these things, they will be responsible to you as follows:

(1)   If they cancel the cruise before it has started, they may provide another substitute cruise. If a substitute cruise cannot be provided, the Tour Operator will make suitable alternative arrangements where possible. If it is not possible to provide a suitable alternative or if you reasonably reject any suitable alternatives, the Tour Operator may provide you with a refund for unused products or services as determined in its discretion.

(2)   If the scheduled sailing date or time is delayed and as a result of that delay you are not otherwise accommodated on board the vessel, the Tour Operator will arrange shore side accommodations and food at no additional expense to you for the duration of the delay.

(3)   If the scheduled port of embarkation or disembarkation is changed, they will arrange transportation to the new port from the originally scheduled port.

(4)   If the cruise is shortened or terminated, they will, at their option, either transfer you to another ship or the port of disembarkation by other means. The cruise component ends once they return you to the disembarkation point.

(5)   If the cruise encounters unusually low or high water levels, changes to the itinerary may occur and result in the possible re-embarkation on another vessel or transfer(s) by coach or rail, or even to a shortening of the journey. The ship’s captain has the authority to make the final decision. Passengers may not derive any claims from the Tour Operator or its carrier especially claims for compensation in damages.

28. OPTIONAL SERVICES

‘Optional Services” refers to any activity; transportation, meal, product or service not expressly included in the Tour or Travel Service. You agree that any assistance given by the Tour Operator in arranging, selecting, or booking any Optional Services is purely at your request and the Tour Operator makes no warranties and expressly disclaims any liability whatsoever arising from participation in Optional Services. You release the Tour Operator from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to or arising from participation in or booking of Optional Services.

You acknowledge and agree that any liability for loss, damages, death, personal injury, illness, emotional distress, mental suffering or psychological injury or loss of or damage to property associated with Optional Services is the sole responsibility of the third party providing that service or activity.

Optional Services listed on the Tour Operator’s website or in printed material, must be booked and paid in full before travel documents are issued. All optional excursions are non-refundable.

29. GRATUITIES

Gratuities for your tour leader, local hosts, local guides, driver(s), cruise / safari staff and crew are not included in the Tour price (unless otherwise noted in pricing details) and are discretionary.

If cruise gratuities are not prepaid, most cruise companies automatically add tips of anywhere from $10 to $15 USD per person, per day, to passengers' shipboard accounts. Most cruise companies allow passengers to adjust or remove automatic tips by visiting the front desk before disembarkation.

Tipping on safari is enthusiastically appreciated if you are happy with the service and experience. Tipping is an important part of the safari experience, especially to the wildlife driver/guides, cooks, general camp/lodge staff and others whose livelihoods depend on tips. It is standard on safari to tip up to $10 USD per person per day to the wildlife driver and/or guide, and up to $5 USD per person per day to the camp management (in total) to be divided among the camp staff (cooks, waiters, porters, laundry-person etc.). It’s never a mistake to err on the side of generosity while tipping those who have worked to make your safari experience memorable

30. BAGGAGE HANDLING, ALLOWANCES AND RESTRICTIONS

Hotel, airport, train and vessel baggage handling is not included on Tours or Travel Services, unless otherwise specified by the Tour Operator or authorized agent. Regulations within most airports require travelers to handle their own luggage.

On flights included in a Tour, you will be advised by the Tour Operator or authorized agent of the baggage allowances and restrictions. Some Tours have more restrictive regulations than others. Size and weight limitations for carry-on and checked baggage vary from airline to airline and even according to destination.

Due to limited capacity on safari vehicles and flights when on safari, your baggage must be soft-sided and certain weight restrictions will apply and be advised by the Tour Operator or authorized agent.

Design Travel Ltd is not responsible for additional fees imposed by air carriers for baggage. You will be required to pay these fees directly to the airline at check-in.

31. BAGGAGE DISCLAIMER

Although every effort is made to handle passenger’s luggage as carefully as possible on a Tour, Design Travel Ltd accepts no responsibility for and does not assume liability or accept claims for loss of or damage to baggage or any of the traveler’s belongings throughout the duration of the Tour, due to breakage, theft or wear and tear through airline/airport, hotel and group carrier handling. It is recommended for your own self-interest and protection that you have adequate insurance to cover these eventualities. You may contact the Tour Operator or authorized agent for an insurance quote.

32. SMOKING

Smoking is not allowed on transportation, which is exclusively provided by Design Travel Ltd or its representatives. On most ships, smoking is restricted to certain areas of the vessel. This includes cigarettes, e-cigarettes, cigars, e-cigars or any other smoking device.

Many hotels around the world have imposed a 100% non-smoking policy and many cities have imposed non-smoking regulations in public spaces. As a standard rule, Design Travel Ltd confirms non-smoking accommodation. If you require smoking accommodation a request may be submitted, but we cannot guarantee availability.

33. AIRCRAFT CABIN INSECTICIDE

Some countries may require aircraft cabin insecticide treatment for inbound foreign flights. For more information about aircraft disinfection requirements and a list of countries requiring disinfection of inbound flights, visit http://ostpxweb.dot.gov/policy/safetyenergyenv/disinsection.htm

34. SAFARIS AND WILDLIFE ENCOUNTERS

When a Tour or Travel Service includes a safari component, neither the Tour Operator nor its suppliers can be held responsible for any injury or accident while on safari. Incidents with animals are extremely rare, but no safaris into the wilderness can guarantee that this will not occur.

While we do our best, we cannot guarantee that you will see all the wildlife referenced in our marketing material. You must follow the instructions of wildlife guides and staff at all times. If an individual is overly confident, eager or reckless in approaching any wildlife, you may be withdrawn from the Tour at the sole discretion of the wildlife guide. If an animal is killed as a result of a Tour participant not following instructions, wildlife authorities may charge a fine. Design Travel Ltd will not be held responsible for payment and any fines or penalties it will be the responsibility of the Tour participant.

35. SPECIAL GUESTS

The Tour Operator may indicate that a special guest(s) may be on a Tour departure. Design Travel Ltd reserves the right to substitute the special guest for any reason with reasonable notice.

36. THE TOUR OPERATOR IS NOT LIABLE FOR THIRD PARTY SUPPLIERS

The Tour Operator makes arrangements with accommodation providers, activity providers, airlines, cruise lines, coach companies, transfer operators, shore excursion operators, tour and local guides, and other independent parties (“Third Party Suppliers”) to provide you with some or all of the components of your booking. Third Party Suppliers may also engage the services of local operators and sub-contractors. Although the Tour Operator takes all reasonable care in selecting Third Party Suppliers, the Tour Operator is unable to control Third Party Suppliers, does not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. Any services provided by Third Party Suppliers are subject to the terms and conditions imposed by these Third Party Suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements that govern the provision of their services. These may limit or exclude liability of the Third Party Supplier. You acknowledge that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and the Tour Operator does not warrant that any Third Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction.

THE TOUR OPERATOR IS NOT LIABLE AND WILL NOT ASSUME RESPONSIBILITY FOR ANY CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES ARISING OUT OF INCONVENIENCE, LOSS OF ENJOYMENT, UPSET, DISAPPOINTMENT, DISTRESS OR FRUSTRATION, WHETHER PHYSICAL OR MENTAL, RESULTING FROM THE ACT OR OMISSION OF ANY PARTY OTHER THAN THE TOUR OPERATOR AND ITS EMPLOYEES.

The Tour Operator is not liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors.

37. AGENT RESPONSIBILITY

It is the travel agents responsibility to ensure that all invoice and itinerary details and documentation issued by Design Travel Ltd are correct and that the customer is aware of amendment and cancellation conditions and other clauses under these Terms.

38. LIABILITY

The Tour Operator and its parents, subsidiaries and their respective employees, affiliates, officers, directors, successors, representatives and assigns shall not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any other provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such other provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interposition's of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. You waive any claim against the Tour Operator for any such loss, damage, injury, or death.

Notwithstanding anything to the contrary elsewhere in these Terms, the Tour Operator will not in any circumstances be liable to you for any loss or anticipated loss of profit, loss of enjoyment, loss of revenue, loss of use, loss of contract or other opportunity nor for any other consequential or indirect loss or damage of a similar nature.

The Tour Operator will not at any time be liable for any loss of or damage to valuables of any nature. You agree that you will be precluded from making a double recovery by making the same claims and seeking recovery against the Tour Operator and its suppliers, contractors or other third parties.

39. FORCE MAJEURE

The Tour Operator will not be liable in any way for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for the Tour Operator failure to commence, perform or complete any duty owed to you if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of the Tour Operator; or an event which the Tour Operator or the Third Party Supplier of services, even with all due care, could not foresee any and all of which, individually and collectively, constitute “Force Majeure”.

40. PRIVACY POLICY

The Tour Operator must collect your personal information to deliver the Tour and any products or services booked. The Tour Operator collects, uses and discloses only that information reasonably required to enable the Tour Operator and its Third Party Suppliers to provide the particular Tour, products and/or services that you have requested. By submitting any personal information to the Tour Operator, you indicate your acceptance of the Tour Operator’s Privacy Policy.

41. IMAGES AND MARKETING

You agree that, while participating in any Tour, images, photos or videos may be taken by other participants, the Tour Operator or its representatives that may contain or feature you. You consent to any such pictures being taken and grants a perpetual, royalty-free, worldwide, irrevocable license to the Tour Operator, its contractors, sub-contractors and assigns, to reproduce for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sub-licensees), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation or compensation payable to you.

42. MAPS, ITINERARIES AND PHOTOS

Maps shown on Tour pages and itineraries are current at the time of publishing and may not reflect actual tour routing should the Tour change. Photos shown on Tour pages are reflective of the area(s) visited, but may not be included in the actual tour itinerary.

43. HOLIDAY AND SITE CLOSURES

During local and national holidays, special events, peak seasons, religious occasions, on Sundays or during renovations, certain facilities such as museums, churches, restaurants, sightseeing tours, hotels, and shopping may be limited or not available. Alternatives will be offered whenever possible. Design Travel Ltd cannot be held responsible for any closures, necessary itinerary changes, or curtails for any reason.

44. CHRISTMAS MARKETS

Christmas markets generally begin at the end of November and close around the third week of December.

45. CONTRACT PARTIES & SUCCESSORS

These Terms will inure to the benefit of and be binding upon the parties and their respective heirs, legal and personal representatives, executors, estate trustees, successors and assigns.

46. APPLICABLE LAW

The Contract and these Terms are subject to the laws of Ontario, Canada and you submit to the exclusive jurisdiction of the courts located in Mississauga, Ontario, Canada for the resolution of any dispute under these Terms or concerning any Tour, product or service.

47. AMENDMENTS

The Tour Operator reserves the right to update or alter these Terms at any time, and will post the amended Terms on the Tour Operator’s website at www.designtravel.ca. Any amendment will take effect 24 hours after being posted to the Tour Operator’s website. An up to date copy of these Terms, as amended, may be accessed at any time on the Tour Operator’s website and will be sent to you upon written request to the Tour Operator. You are deemed to have accepted any amendments to these Terms on the date that is 24 hours after their posting on the Tour Operator’s website. The Tour Operator recommends that you refer to the Terms prior to travel to familiarize yourself with the most up-to-date version available.

48. TRADE NAME

Design Travel Ltd, HELPING TO CREATE MEMORIES THAT LAST A LIFETIME are trade and service marks owned and/or applied for and/or registered by Design Travel Ltd.