The following terms and conditions govern the relationship between you, (Client), and Indo Discovery Travel, LLC., (Operator), and apply to all tours and travel sold by or through and/or directed by or through Operator. By accepting the following Terms and Conditions, Client agrees to be bound by terms and conditions set forth below. Read the following carefully as the terms and conditions determine your rights to any legal remedy, the governing law, forum and jurisdiction as well as the Operator’s liabilities.
Operator requires the purchase of Comprehensive Travel Insurance at the time of deposit to protect against potential losses.
Definitions:
- Operator refers solely to Indo Discovery Travel, LLC.
- Client refers to the purchaser of travel tours from and/or through Indo Discovery Travel, LLC. Client additionally refers to any party that makes payment on travel for or on behalf of any Client.
- Suppliers and service providers refer to all third parties who provide Client with services affiliated with your travel with and/or through Operator. Suppliers and service providers include, but are not limited to, tour operators, hotels/motels/guesthouses or any other provider of temporary residence, insurance providers, airlines and car rental companies.
- Tour Price refers to the base price for Client’s selected Tour. Tour Price includes airport transfers, overnight accommodations (based on twin occupancy), daily breakfast, dinners when indicated in the itinerary as being included, English speaking guides, transportation in an air conditioned vehicle, fuel for ground transportation, a driver and driver’s meals and overnight accommodation costs, entrance and parking fees, excursions when indicated as included on the itinerary, and domestic flights when indicated as included on the itinerary. Anything not specifically stated in the aforementioned list of inclusions, is excluded.
- Custom Travel refers to additional travel not included in one of the pre-designed tours created by Operator, which is arranged by Operator at the request of Client. The additional cost of Custom Travel varies based on the itinerary agreed upon by Client and Operator.
- Ground accommodations refer to transportation and hotel accommodations.
Booking a Tour:
Please refer to the Fee Schedule below for Client’s payment obligations. In the event Client’s payment is returned due to insufficient funds, Client is responsible for and agrees to pay Operator for any expense incurred by Operator due to the insufficient funds.
Booking Custom Travel:
Costs for Custom Travel will be quoted when requested. Please refer to the enclosed Fee Schedule for Client’s payment obligations. If a selected itinerary component is unavailable, Operator will notify Client as soon as possible to discuss a suitable alternative. If a suitable alternative is unavailable, an appropriate adjustment will be made to the Tour Price. Deposits and payments for group or individual Custom Travel will vary based on the number of clients booking specific Custom Travel as well as the itinerary for the Custom Travel and can be provided on a group or individual specific basis.
Payments:
Payments may be made by cash, check, or credit card via PayPal. All payments made within 6 weeks of departure must be by credit card. If Client must pay by check within 6 weeks of departure, Client must contact Operator to discuss whether payment by check is an available option. Operator reserves the right to pass through to Client any and all increases in costs at anytime before departure or during travels that are affected by rates of exchange, taxes and security fees.
Passports and Visa Requirements:
While Operator is able to provide a basic guide to clients regarding passports and visa requirements, it is Client’s responsibility to check with the appropriate Embassy or Consulate for the exact requirements for Client’s chosen tour and dates of travel. It is Client’s responsibility to ensure that Client has the correct passport and visas to gain access to any country included in the travel arrangements. Operator is not liable for any loss ocasioned by Client’s failure to have all necessary documentation for the tour booked, nor will Operator refund the cost of any unused portion of the travel arrangements.
In some cases, countries will refuse entry to clients who have criminal records. Should you be concerned about this, please check with the embassy or consulate of the countries to which you are travelling in addition to any other requirements or restrictions the countries might place upon entrants.
Cancellation by Client:
If Client or any member of Client’s traveling party cancels any or all portions of his or her travel, the cancellation(s) must be communicated to Operator in writing. Please refer to the Fee Schedule below for Operator’s cancellation fees.
Refunds:
Refunds, if any, will generally be forwarded to Client within 6 weeks of cancellation of any part or all of a tour. Due to unusual or unexpected circumstances, some refunds may take longer to process.
Amendments:
Amendments from one tour to another are permitted however is some instances these cannot be guaranteed due to minimum number requirements per tour. A change of this type, if granted, may incur a charge;
- 57 + days prior to departure, $25 per person
- for amendments 56 days or less prior to departure the same fees may apply as for cancellations
All booking amendments after confirmation must be in WRITING, including but not limited to changes to dates of travel. Any increase in itinerary costs due to amendments will be reflected accordingly on an updated invoice.
Cancellation by Operator: ***
Please refer to the Fee Schedule below for Operator’s Cancellation policy.
Accommodations:
Operator reserves the right to alter at any time ground accommodations if necessary. In the event the accommodations become unavailable, Operator will attempt to obtain alternate accommodations of equal quality to those booked. Hotel prices are all calculated on a double occupancy basis.
Independent Travel Contracts with Suppliers:
Indo Discovery Travel, LLC serves as an intermediary between you and the suppliers on the travel itinerary, regardless if arrangements are being made for land, air or both. The provision of services by the suppliers may create a contract between you and the respective suppliers. We cannot accept liability in relation to any or all acts by suppliers, with such liability resting solely with such suppliers. Should a supplier cancel or make changes to your booking, we will do our utmost to offer assistance. However, we cannot accept liability for any costs and/or expenses incurred as a result of any such cancellations and/or changes.
Force Majeure:
This agreement will terminate without liability to either party if substantial performance of either party’s obligations ‘ is prevented by a cause beyond that party’s control. Such causes include, but are not limited to, Acts of God, war, government regulations, terrorism, disasters, strikes, civil disorder, curtailment of transportation facilities, or any other emergencies, making it illegal, inadvisable or otherwise impossible to complete performance of this contract.
Indemnification and Hold Harmless:
Operator agrees to defend, indemnify and hold harmless Client from and against all claims, actions, causes of action, or liabilities, including reasonable attorneys’ fees, arising out of or resulting from any act undertaken or committed by Operator pursuant to the performance of its obligation under this Agreement. Operator also agrees to defend, indemnify and hold harmless Client from any liability resulting from any claim, action or cause of action, which may be asserted by third parties arising out of Operator’s performance pursuant to this Agreement, except for those actions or liabilities which are due to the misconduct or negligence of Client.
Client agrees to defend, indemnify, and hold harmless Operator from and against all claims, actions, causes of action, or liabilities, including reasonable attorneys’ fees, arising out of or resulting from any act undertaken or committed by Client or third parties including any contractors hired or engaged by the Client in connection with performance of Client’s obligations under this Agreement. Client also agrees to defend, indemnify, and hold harmless Operator from any liability resulting from any claim, action or cause of action, which may be asserted by third parties arising out of the performance of Client’s obligations pursuant to this Agreement, except those actions which are due to the misconduct or negligence of Operator.
Arbitration Clause:
The parties agree that any controversy or claim arising out of or relating to this Agreement, or the breach of this Agreement, will be settled by arbitration in Chicago, Illinois in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. In the event of any arbitration or litigation arising out of or relating to this Agreement, the prevailing party in such action shall be entitled to recover all costs and fees associated with such action including, without limitation, attorney’s fees.
Statute of Limitations:
Client and Operator agree that any action brought by or on behalf of Client arising out of this agreement and attached Terms and Conditions shall be commenced within one year of the date of the incident giving rise to a cause of action. Any action not brought within that one year time period shall be barred, without regard to any other limitations period set forth by law or statute.
Governing Law:
These terms and conditions, the Agreement, and the contract and or/relationship formed between Client and Operator shall be interpreted and construed according to, and governed by, the laws of this state of Illinois, excluding any such laws that might direct the application of the laws of another jurisdiction. The federal or state courts located in Illinois shall have jurisdiction to hear any dispute under this Agreement.
Fee Schedule:
| Fee Payment Schedule | |
|---|---|
| At time of booking | $500 per person non-rfundable deposit* |
| 56 days prior to departure | Remaining balance due |
| If booking is made within 56 days | 100% of price due |
| Fee Schedule for Cancellation of Client † | |
|---|---|
| 56 days or more prior to departure | 75% of Total Payments Refunded |
| 35 to 55 days prior to departure | 50% of Total Payments Refunded |
| 14 to 34 days prior to departure | 25% of Total Payments Refunded |
| Less than 14 days prior to departure | 0% of Total Payments Refunded |
| Fee Schedule for Cancellation by Operator | |
|---|---|
| Cancellation of entire tour due to failure to meet minimum capacity ** | 100% of Total Payments Refunded |
| Cancellation of component of tour due to unavailability | 100% of Total Payments Made Toward Cancelled Tour Component Refunded IF suitable Alternative is Unavailable |
* Receipt of Client’s deposit indicates acceptance of these Terms and Conditions
** Operator may cancel tour (or any component) due to failure to meet minimum capacity no later than 21 days prior to departure
*** Operator reserves the right to cancel a tour (or any component of a tour) due to Force Majeure at any time
† If possible, Operator will permit Client to change a purchased tour. Changes may incur additional fees. Contact Operator for details
