TERMS AND CONDITIONS
Terms and Conditions Last Updated: September 25th, 2023
All bookings are made with The Diabetic Travelers Network Ltd, operating as The Diabetic Travelers Network, (“DTN”, “DTN®” “the DTN”, “We”, “Our”). We specialize in providing travel experiences to travelers living with diabetes (“traveler”, “T1D traveler”, “type 1 traveler” and “you”). By booking a trip with us you are deemed to have agreed to these Terms and Conditions and the terms and conditions of our suppliers (which constitutes the entire agreement between you and us) and your booking will be accepted by us on this basis.
Before making a booking with us you must ensure that you have read and understood these Terms and Conditions (and ask us any questions you may have). Please be aware that these Terms and Conditions contain waivers of liability as well as waivers of class action and venue selection and notice clauses. By asking us to confirm your booking you are accepting all the Terms and Conditions laid out below and acknowledging that you have read the Terms of this Contract and agree with it. The services to be provided are those referred to in your booking confirmation invoice.
SECTION 1: BOOKING CONDITIONS
1. TRAVEL INSURANCE
Travel insurance protection is mandatory for all our travelers and should be taken out at the time of booking. We also strongly encourage the purchase of additional Cancel for Any Reason Coverage. Travel Protection Plans including cancel for any reason coverage must be purchased in close conjunction with your travel purchase, so you should contact your insurance agent as soon as possible after booking.
If you choose to book a tour and/or travel without adequate coverage, DTN will not be liable for any of your losses howsoever arising, for which adequate trip protection plan coverage would otherwise have been available.
You must provide your travel insurance policy number and the insurance company’s 24-hour emergency contact number on the first day of your trip; you will not be able to join the trip without these details. If you have travel insurance connected to your credit card or bank account please ensure you have details of the participating insurer, the insurance policy number, and emergency contact number with you rather than the bank’s name and credit card details.
DTN is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel insurance plans. DTN cannot evaluate the adequacy of the prospective insured’s existing insurance coverage. If you have any questions about your travel protection, call your insurer or insurance agent, or broker.
Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. DTN cannot be held responsible for denied entry if a traveler is unable to provide details to authorities of insurance or denial of entry for any reason. Failing to purchase an adequate travel protection plan could result in the loss of your travel cost and/or require more money to correct the situation. You also acknowledge that without adequate coverage, there may be no way to recoup any losses, costs, or expenses incurred.
2. PERSONAL TRAVELER INFORMATION
In order for us to confirm your travel arrangements, you must provide the DTN with all the requested details which include, but are not limited to, the full name as per passport, date of birth, nationality, passport number, passport issue, and expiry date and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements. Failure to provide the requested details may result in additional charges or non-refundable cancellation of your trip.
2.a Age Requirements
Minimum Age: For the majority of our trips the minimum age is 18 at the time of travel.
Maximum Age: We have no upper age limit though we remind you that our trips can be physically demanding and passengers must ensure that they are suitably fit to allow full participation.
2.b Health Requirements
We are able to provide details on mandatory health requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice at least two months prior to travel for the latest health requirements and recommendations for your destination. The DTN is not responsible for anything happening related to your pre-existing medical condition. It is you responsibility to manage your diabetes. The
2.c Pre-Existing Medical Conditions/ Persons with Disabilities
It is essential that you advise us before booking if you do have any disability or pre-existing medical condition which may affect your tour, or if you have any special requirements as a result of any disability or medical condition (including any which affect the booking process) so that we can assist you in considering the suitability of the arrangements and/or in making the booking.
The nature of many of the destinations we travel to means that in some cases they may be unsuitable for those who use a wheelchair or have a lack of mobility. However, we will be delighted to discuss the feasibility of your participation in any of our trips.
The DTN will communicate requests to suppliers, but cannot be responsible if ADA accommodations are not available. Any accommodations provided will be at the sole expense of the traveler requiring the accommodation. Please note that accommodations outside of the UK may not be in compliance with the Disability Discrimination Act (DDA) and may not have wheelchair accessibility.
Our suppliers are, unfortunately, unable to offer additional assistance to travelers with limited mobility and all such assistance will need to be provided by whoever the traveler is traveling with. Travelers with disabilities must notify The DTN at the time of booking of status and of the identity of their non-discounted, paid travel companion who will be responsible for providing all necessary assistance. We may request that you provide a letter from your doctor confirming your fitness to travel.
You understand and agree that you are responsible for your diabetes and your medical supplies. You understand there are sometimes unknown risks and circumstances that may arise during the trip or use of products, that cannot be foreseen or anticipated, but may influence or affect your business or you as an individual. It is your responsibility to manage your health and ensure you have enough supplies. the DTN will not be liable for damages or losses that result from such conditions.
3. PASSPORTS
You must carry a valid passport. Your passport must be valid for 6 months beyond the duration of the trip. We are not responsible if you are refused entry to a country because you lack the correct passport, visa or other travel documentation.
4. VISAS
You must have obtained all of the appropriate visas, permits and certificates for the countries which you will visit during your trip. It is your responsibility to ensure that you are in possession of the correct visas, permits and certificates for your trip; please refer to the Essential Trip Information for details. We are not responsible if you are refused entry to a country because you lack the correct visa or other travel documentation.
5. PHOTOS AND MARKETING
You consent to the DTN using images of you taken during the trip for advertising and promotional purposes in any medium we choose. You grant us a perpetual, royalty-free, worldwide, irrevocable license to use such images for publicity and promotional purposes.
6. AUTHORITY ON TOUR
Our group trips are run by a local tour guide. The decision of the tour guide is final on all matters likely to affect the safety or well-being of any traveler or staff member participating in the trip. If you fail to comply with a decision made by a tour guide, or interfere with the well-being or mobility of the group, the tour guide may direct you to leave the trip immediately, with no right of refund.
We may also elect not to carry you on any future trips booked. You must at all times comply with the laws, customs, foreign exchange and drug regulations of all countries visited, and you also agree to travel in accordance with our responsible travel guidelines.
7. TRIP DATES & VALIDITY
Dates are valid and itineraries are indicative only. Our trips are guaranteed to depart once they have either
1) one fully paid traveler if the itinerary does not have a minimum or
2) the minimum group enrollment number has been met.
This means at times we can have groups with small numbers of travelers.
8. CHANGE OF ITINERARY
You appreciate and acknowledge that the nature of this type of travel requires considerable flexibility and you should anticipate the possibility of alternatives. The itinerary provided for each trip is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events. While we endeavor to operate all trips as described we reserve the right to change the trip itinerary. Please refer to updates sent by email before departure for the most recent updates to your itinerary.
Before departure: If we make a major change we will inform you as soon as reasonably possible if there is time before departure. The definition of a major change is deemed to be a change affecting at least one day in five of the itinerary.
After departure: We reserve the right to change an itinerary after departure due to local circumstances or events outside of our control. In such emergency circumstances, the additional cost of any necessary itinerary alterations will be covered by you. Please note we are not responsible for any incidental expenses that may be incurred as a result of the change of itinerary such as visas, vaccinations or non-refundable flights.
9. DESTINATION RISK
Travel to certain destinations may involve greater risk than others. The DTN urges travelers to remain informed on a daily basis as to current news, as well as to review travel prohibitions, warnings, announcements, and advisories. Should you choose to travel to a country that has been issued a travel warning or advisory, the DTN will not be liable for damages or losses that result from travel to such destinations.
In addition, you should consult with government websites to ensure that you are in compliance with all requirements for admittance into that country, including COVID- 19 requirements, as well as understanding local laws that govern travel within a country, such as medical tests and tracking.
Travelers are encouraged to check the list of countries that require airlines to treat the passenger cabin with insecticides prior to the flight or while on the aircraft on the UK government website.
10. CLAIMS & COMPLAINTS
If you have a complaint about your trip please inform your group leader or our local representative at the time in order that they can attempt to rectify the matter. If satisfaction is not reached through these means then any further complaint should be put in writing to us within 30 days of the end of the tour.
SECTION 2: MEDICAL DISCLAIMER
1. MEDICAL DISCLAIMER - NOT MEDICAL OR DIETARY ADVICE
11.1. The information contained on the Website or via emails, or available through our products, programs, and services is not intended to be a substitute for medical advice, nor is anything contained herein designed to provide you with a medical diagnosis, treatment, or other medical services. We are not medical professionals, nor are we contending to be in any capacity; by visiting this site you understand and agree this website is not providing medical or dietary advice, nor is it attempting to diagnose or treat any medical conditions.
1.2. We encourage you to consult your physician prior to joining any trip or beginning any program found on the Website, or implementing any information shared, and will assume that all individuals choosing to participate or implement any information found on the program and trip will have previously obtained clearance and permission from their applicable personal medical physician, who has determined they are sufficiently healthy, and that this information may be useful or right for them. Please consult your physician prior to implementing any suggestions found on the Website, including but not limited to dietary suggestions, physical exercises, supplements, medications, detox, mental exercise, or any other such program found on the Website. We encourage you to use common sense in determining whether any such content is right for you and trust that you will discuss it with a personal medical professional prior to following any such information. Nothing contained in the Program and trip is intended to diagnose, cure, treat, or prevent any medical condition or disease, nor is it to be considered medical advice in any capacity.
2. VOLONTARY PARTICIPATION
2.1. By choosing to join the trip and read the information provided, you understand and agree that you are voluntarily choosing to read, implement and/or participate in the use of any information contained herein, and are solely responsible for any outcomes or results (positive or negative.) We cannot be responsible for any action you may choose to take regarding the information provided, and you acknowledge and agree that we are not responsible nor liable to you should you sustain any injuries or negative ramifications. The information contained on the Website is intended as general information only; we cannot know your individual medical or physical state and do not claim to know what may or may not work for your body. As such, you agree that you are fully responsible for your health and well-being, and any decisions you make to implement during but not solely during the trip or follow anything you find on the Website or in our program and services.
3. LIMITATION OF LIABILITY
3.1. You understand and agree that your participation in joining the trip is wholly voluntary, and you are solely and personally responsible for your actions, choices, and any results therein. You understand there are sometimes unknown risks and circumstances that may arise during the trip or use of products, that cannot be foreseen or anticipated, but may influence or affect your business or you as an individual. You understand and agree that any suggestion or recommendation of a product, service, coach, or otherwise is purely information – any decision to act upon these suggestions is to be taken by you, at your own risk, without any liability on the part of the Diabetic Travelers Network ltd. You agree to accept all risks herein.
3.2. Your use of our service constitutes an agreement and acceptance that you will absolve The Diabetic Travelers Network ltd; as well anyone acting as an agent, consultant, affiliate, travel agent or joint venture partner, employee, staff, team member, or anyone affiliated with Us in any way of any liability for any loss, damage, injury, or litigation that you or any other person may incur from direct or indirect use of the information, content, or products found on our Website or via materials requested through email.
3.3. You understand and agree that We are not to be held liable for any type of direct or indirect damages arising out of you joining the trip, any information contained herein, or any products or services purchased therefrom, including but not limited to general, specific, incidental, consequential, punitive, or special damages. You also agree that we are not liable or responsible in any way for any loss incurred by you or your business, including revenues, clients, business, goodwill, income, anticipated income, predicted income, sales numbers, loss of a sale, data. You agree that your decision to use our services is wholly at your own risk and voluntarily chosen by you, and any ramifications resulting therefrom are yours alone.
SECTION 3: COVID-19 CONDITIONS
1. VACCINATION REQUIREMENTS
The Diabetic Travelers Network strongly recommend all travelers enrolled in a Tour to be vaccinated against Covid-19 by the start of their trip.
2. TESTING REQUIREMENTS
Each destination country has individual rules, requirements, and regulations related to Covid-19 testing. You may be asked to show a negative test result, records of your vaccination, or recovery records in order to be admitted into the country. You understand that it is your responsibility to check that information upfront and to make sure you comply. Any testing required for entry into a foreign country is at your own expense. The DTN is not responsible if you are refused entry to a country because you lack the correct virus documentation.
On your return home to the UK or elsewhere, additional testing, requirements, or documentation may be required. You are responsible for understanding these requirements and must not rely on the DTN to provide these details. You understand that you may become sick before, during, or after the tour and may not be able to travel and such cancellation or interruption will be subject to our cancellation terms below, for which we will not be liable.
3. COVID-19 ACKNOWLEDGEMENT
By booking a tour at this time, you acknowledge the highly contagious nature of COVID-19 and voluntarily assume the risk for yourself, that you may be exposed to or infected by COVID-19 by traveling and that such exposure or infection may result in personal injury, illness, permanent disability, and death even if such injuries or losses occur in a manner that is not foreseeable at the time you book your tour. You acknowledge that exposure to such viruses or diseases is an inherent risk of traveling that cannot be controlled or eliminated by the DTN.
You acknowledge that due to the uncertainty of travel at this time, your tour may be postponed or canceled, or changes may be made to itineraries due to closures of certain sites or activities, for which there may be no refund. You may also be required to quarantine upon arrival in some locations. Some locations may require you to have a vaccination or proof of negative testing. Stopover countries’ requirements will also apply.
You agree that due to uncertainty caused by COVID 19, the DTN has strongly encouraged the purchase of travel protection coverage including canceling for any reason coverage if and when available, and that should you fail to purchase travel protection coverage, DTN shall not be liable to any losses whatsoever arising.
4. COVID-19 PERSONAL RELEASE
You, for yourself, and on behalf of your heirs, assigns, personal representatives, and next of kin (The Releasors), HEREBY RELEASE, AND HOLD HARMLESS The Diabetic Travelers Network Ltd. its members, officers, agents, and/or employees, suppliers, and other tour members (RELEASEES), of from and against any and all claims, damages, demands, losses, and liability arising out of or related in any way, in whole or in part to any POSTPONEMENT, CANCELLATION, CHANGES, INJURY, DISABILITY, DEATH OR ANY OTHER LOSS you may suffer due to exposure, infection, spread, closure, and travel restrictions related to COVID- 19, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph shall survive any termination or cancellation of this Contract, whether by operation of law or otherwise.
SECTION 4: PAYMENT TERMS
1. ACCEPTED PAYMENT METHODS
We only accept payment via credit card. We currently accept major credit cards which include Visa, Mastercard, American Express, and Discover. Travelers must provide to us a click authorization for every transaction for your trip. Your authorization is an agreement for us to charge your card and an acknowledgment and agreement to these terms and conditions including the cancellation terms. As such you agree not to make any improper chargebacks.
2. PRICE VARIABILITY
Our trip prices are subject to variable and seasonal pricing, both of which are standard practices within the travel industry. This means our trip prices may vary at any time in accordance with demand, market conditions, exchange rates, and availability. It is possible that different passengers on the same trip have been charged different prices. Your best option if you like the price you see is to book at that time. The most up-to-date pricing is available on our website.
3. DISCOUNTS AND SALES
From time to time, we reserve the right to run sales, flash discounts, or promotional prices for our tours. Each sale is exclusive and will not apply to bookings previously made. The retroactive application of a discount on a previous booking is not allowed. Any reduced pricing or discounts that may become available after you have paid your deposit will not apply.
If you wish to cancel your booking to take advantage of a cheaper price, full cancellation conditions apply. See Section 4 below for more information on cancellation policies.
If you wish to transfer destinations after booking a Tour with a discount, you are not entitled to a transfer of the discount to your new destination reservation. The discount only applies at the time of booking. If no discount is available at the time of the transferred booking, the previous discount will not be applied and you will be responsible for paying full price.
4. SURCHARGES
We reserve the right to impose surcharges up to 30 days before departure due to unfavorable changes in exchange rates, increases in transportation costs, increases in local operator costs, taxes, or if government action should require us to do so. If any surcharge results in an increase of more than 15% of the trip price you may cancel the booking within 14 days of notification of the surcharge and obtain a full refund.
Tourist tax might be charged at check-in or check-out by hotels providers depending on the tour and is to be paid by the participants.
5. PRICE INCLUSIONS
The package price of your trip includes the following items:
5.a Accommodation
All accommodation in twin rooms. Special requests such as single rooms, lower floors, connecting rooms, and smoking preference, must be made at the time of booking. While we will make reasonable efforts to communicate your requests to the supplier, such requests are not guaranteed and are at the discretion of the supplier. There may be additional charges for such requests which will be solely the expense of the guest making the request.
Travelers should be aware that hotel room sizes, standards, and facilities can vary regionally and are often different from standards in the UK. This can include differences in bed sizes and room sizes, bathroom amenities, amenities such as air-conditioning, and compliance with other standards such as DDA and wheelchair accessibility. One of the joys of international travel is experiencing different cultures and different ways of life so we hope that you will accept these differences with grace and a sense of adventure.
The DTN reserves the right, if necessary, to substitute other similar hotels for hotels listed on your itinerary. Such substitutions may be made at any time and without prior notice. We cannot be held responsible for hotel over-bookings; should such occur, we will undertake to find similar accommodations in the same area. Such substitutions are at The DTNs sole discretion and no refunds will be offered for changes in accommodations.
While we exercise due diligence in the selection of our partners, hotel and other accommodation profiles are based on information provided to us by the supplier. This includes images and descriptions of the properties and rooms. Additionally, travelers should be aware that star ratings or similar systems are based on country classifications and therefore can differ. While the DTN does its best to maintain current and accurate information regarding these suppliers, we cannot be held responsible for any inaccuracies in supplier descriptions, amenities, or images.
5.b Ground Transportation
All ground transport is listed in the itinerary. The DTN is pleased to offer airport group transfer and group ground transport in accordance with the group itinerary. You must be on time for all transportation. There will be no refund for missed or unused transportation.
5.c Activities & Sightseeing
Sightseeing tours and activities are included as stated per each individual itinerary. These tours and activities are designed to accommodate individuals as well as groups. As a courtesy to others in the tour and/or activity, it is mandatory that you be on time for all scheduled experiences. Tours and activities will begin on time and failure to arrive will be considered a no-show for which no refunds will be available. It is essential that you keep in mind that tour and activity times are set to accommodate climate, crowd size, and best viewing options for our groups. At times, early morning departure times may help create a better experience. Therefore, late arrivals cannot be accommodated.
5.d Food & Meals
Included meals are as indicated in the itineraries. Special diets should be requested at the time of booking; however, it may not be possible for special diets to be catered to in some of the destinations we feature. For safety and liability reasons, the DTN and its representatives cannot be responsible for directly accommodating any food allergies, or dietary requirements and restrictions, and is not responsible for any issues or problems associated with the same. We will advise the hotels of your request, but we cannot guarantee their availability.
5.e Local Guide or Expert
The services of a local tour guide as described in the itinerary.
6. PRICE EXCLUSIONS
Any items and matters not referred to in your itinerary are not included in the tour price. This can include, but is not limited to:
International or internal flights unless specified
Airport transfers, taxes, and excess baggage charges unless specified
Meals other than those specified in the itinerary
Visa and passport fees
Travel insurance
Kitty or tips
Optional activities (more details in the section below)
Diabetes supplies
Personal expenses.
The price does not cover costs and expenses, including your return home, if you leave the tour whether of your own volition, our decision based on behavior that disrupts the trip, due to illness, action by any government or other reason. This list is illustrative and not a complete list of every item not included.
7. OPTIONAL ACTIVITIES
In certain destinations, DTN offers travelers the option to sign-up for optional activities. This is done during the booking process and paid for as a line item on your invoice. Optional activities are not included in the trip price and do not form part of the inclusions in the tour package.
During free time in the itinerary, you are welcome to find your own optional activities outside of those provided by DTN at your own expense. You accept that any assistance given by your tour guide in arranging optional activities does not render DTN liable for them in any way. The contract for the provision of that activity will be between you and the activity provider.
8. PAYMENT TERMS & BOOKING CONFIRMATION
You are required to pay the total trip cost or first installment (payment plan) at the time of reservation. This confirms your Tour booking and you will receive a confirmation email detailing the terms of your reservation. Once the confirmation email has been sent to you, a contract will exist between us from the date we issue the confirmation invoice.
By booking the trip, you hereby verify and agree that all fees paid to The Diabetic Travelers Network Ltd. are NON-REFUNDABLE. If the trip is canceled due to circumstances outside of the control of DTN, a make-up Tour will be guaranteed by DTN within a reasonable period of time, not to exceed two (2) years, depending on current global and/or domestic travel restrictions. By booking the Tour, you hereby understand and agree that if a makeup trip must be scheduled, that travel fees for tours and accommodations may change depending on travel dates and that you are fully responsible for any differences in costs that may arise due to rescheduling. By booking the Tour, you further understand that discounted fares typically involve restrictions and that changing any aspect of my travel arrangements may result in the payment of additional money. You have been advised to use a credit card and take trip insurance, as this may offer me the opportunity to dispute any charge individually paid to the actual supplier and/or vendor of such services should a supplier or vendor cease operating or cancel the purchased service. You understand that airline tickets, air tours, and/or other products you are purchasing are subject to supplemental price increases that may be imposed after the date of purchase. Post-purchase price increases may be applied due to additional costs imposed by a supplier or government. You acknowledge that you may be charged additional sums by The Diabetic Travelers Network Ltd. to offset increased fees, fuel surcharges, taxes, fluctuations in foreign exchange markets, or any combination thereof. You hereby consent to any post-purchase price increases and authorize The Diabetic Travelers Network ltd. to charge your credit card for such additional amounts.
If you book within 120 days of departure the contract will exist when we accept your payment. If your booking is made within 90 days of the departure date then the full amount is payable at the time of booking.
9. FINAL BALANCE PAYMENTS
Please refer to your booking confirmation for specific dates, deadlines, and details regarding final payments for your Tour. For standard Tours, the program fee balance payment is due 90 days before the departure date.
The final payment deadline is 90 days before the Tour start date.
If you have not paid the full balance, requested a cancellation, and/or transfer by the final payment deadline, your credit card on file will be automatically charged the remaining balance of the Tour program cost. A £150 late payment fee will also be levied. Additionally, DTN reserves the right to treat your booking as canceled, in which case the cancellation policy detailed in Section 4 will apply.
SECTION 5: CANCELLATIONS
1. CANCELLATION BY TRAVELER
In order to request a cancellation for your Tour booking, you must email DTN at info@diabetictravelersnetwork.com. The receipt of this email serves as your cancellation request date. You are strongly advised to take out cancellation insurance at the time of booking which will cover voluntary cancellations. Per 4.8 above, all payments are non-refundable under all circumstances.
If you fail to join a tour, join it after departure, or leave it prior to its completion, no refund will be made. The above cancellation fees are in addition to fees which may be levied by accommodation providers, travel agents or third party tour and transport operator fees.
2. CANCELLATION BY THE SUPPLIER
We will inform you as soon as reasonably possible if a supplier needs to make a significant change to your confirmed booking or to cancel. We will also liaise between you and the supplier in relation to any alternative arrangements offered by the supplier, but we will have no further liability to you.
DTN incurs costs with the suppliers of your tour well in advance of your tour date. All suppliers have their own cancellation policies, which apply to your booking. Upon receipt of your cancellation request, we will contact the suppliers for any applicable refunds subject to the supplier’s terms and conditions. If you are entitled to a refund, please note that the supplier is responsible for this refund, not DTN. Suppliers may choose to provide a travel voucher or credit in lieu of a refund. We are not responsible for a supplier’s failure to pay a refund or for supplier bankruptcy or insolvency.
3. CANCELLATION BY THE DIABETIC TRAVELERS NETWORK
While we do not foresee doing so, we may cancel a trip at any time prior to departure. If we cancel your trip, other than due to a Force Majeure event as described below, a make-up Tour will be guaranteed by DTN as per 4.8. within a reasonable period of time, not to exceed two (2) years, depending on current global and/or domestic travel restrictions. We are not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to visas, vaccinations, travel insurance excess, or non-refundable flights.
We may cancel an individual booking if the participant has significantly violated community standards in our membership, Facebook group, or any other service we offer. We may also cancel a booking if a participant is abusive to our staff verbally, in writing, or physically. Should we cancel, the participant forfeits costs associated with the canceled spot at The Diabetic Traveling Network Ltd. At a minimum, the participant will incur a £250 admin and 10% transaction fee and at maximum, the entire payment will be forfeited.
4. DISPUTED CHARGES AND CHARGEBACKS
In certain cases, you have the ability to dispute charges with credit card companies (“chargebacks”). Before initiating a chargeback, we ask you first to call us to discuss any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. By using our service to make a reservation, you accept and agree to our cancellation policy. DTN retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees related to improper chargebacks. Additionally, in the event of an improper chargeback, we retain the right to cancel any travel reservation related to that improper chargeback. The following chargeback scenarios are improper, and we retain the right to investigate and rebut any such chargeback claims:
Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.
Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card. This does not include credit card fraud.
Chargebacks arising from inconsistency or inaccuracy with regard to the supplier’s product description.
Chargebacks resulting from force majeure or other circumstances that are beyond the control of DTN or the Supplier.
Chargebacks resulting because you do not agree with the cancellation policy.
7. FORCE MAJEURE
DTN assumes no liability for, any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other force majeure condition, including, without limitation: fire, volcanic eruption, hurricane, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, epidemics, pandemics, or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by DTN that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions. In the circumstances amounting to force majeure, we will not be required to refund any money to you, although if we can recover any monies from our suppliers, we will refund these to you without any charge by DTN.
SECTION 6: CONTRACT TERMS
1. CHANGES TO THESE TERMS AND CONDITIONS
DTN reserves the right, in our sole discretion, to change these Terms and Conditions at any time. Upon making material changes, we will notify you via the email address you provide to us at booking. The current terms will apply to your booking. You must therefore be familiar with the terms in effect at the time you book. Your continued use of our services including continuing to use or maintain any bookings after notice of any changes to the terms and conditions constitutes your consent to the changes.
2. PRIVACY POLICY
Any personal information that we collect about you may be used for any purpose associated with the operation of a trip or to send you marketing material in relation to our events and special offers. The information may be disclosed to our agents, service providers or other suppliers to enable us to operate the trip. We will never sell your information or use it for non-TSFTN-related purposes.
3. CLASS ACTION WAIVER/LIMITATION OF DAMAGES/NOTICE OF CLAIM
You agree that you will only bring claims against DTN in your individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. DTN shall not, in any case, be liable for other than compensatory damages, and your payment of a deposit on a trip means that you agree to these conditions of sale and expressly waive any right to punitive damages. You understand and agree that no claims will be considered and that you will not bring suit against DTN in all circumstances.
4. ACCEPTANCE OF RISK
You acknowledge that the nature of the trip is sometimes adventurous and participation involves a degree of personal and inherent risk. You will be visiting places where the political, cultural, and geographical attributes present dangers and physical challenges greater than those present in our daily lives. Inherent risks include, but are not limited to, risk of injury or death from: motor vehicles collisions, animals, roadway hazards, slips, and falls, criminal or terrorist acts, government actions, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; your own negligence and/or the negligence of others, including tour guides, other travelers, DTN and its employees, agents and/or representatives; attack by or encounter with insects, reptiles, and/or animals; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness; known or unknown medical conditions, physical excursion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided.
Traveler understands the description of these risks, is not complete and that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of this trip, traveler is willing to accept the risks and uncertainty involved as being an integral part of travel, including the risk of infection, illness and death. Traveler hereby accepts and assumes full responsibility for any and all risks and agrees to and shall hold harmless and fully release DTN from any and all claims associated with the trip, including any claims of third party negligence and/or the negligence of DTN and traveler hereby covenant not to sue DTN for any such claims or join any lawsuit or action that is suing DTN. This agreement also binds your heirs, legal representatives and assigns. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of this Contract, whether by operation of law or otherwise.
5. LIMITATION OF LIABILITY
DTN, and its employees, members, agents, and representatives use third-party suppliers to arrange tours, transportation, sightseeing, lodging, and all other services related to the trips. DTN is an independent contractor and is not an employee, agent, or representative of any of these suppliers. DTN does not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel or restaurant, or any other entity that supplies services related to your trip. All suppliers are independent contractors and are not agents or employees or representatives of DTN. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all travelers agree that neither DTN, nor its employees, agents, or representatives are or may be liable for any loss, injury, or damage to any tour traveler or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of DTN.
To the fullest extent permitted by law 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 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, , and any condition or warranty which would otherwise be implied by law into these Booking Conditions (Implied Warranty), is excluded.
To the extent an Implied Warranty cannot be excluded, our liability in respect of the Implied Warranty is limited to (in our absolute discretion): (i) the provision of a similar trip to an equivalent value.
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.
DTN assumes no responsibility or liability for any delay, change in schedule, loss, injury or damage or loss of any traveler that may result from any act or omission on the part of others; DTN assumes no responsibility or liability for personal property.
DTN, and its employees, members, agents, and representatives use third-party suppliers to arrange tours, transportation, sightseeing, lodging, and all other services related to the trips. DTN is an independent contractor and is not an employee, agent, or representative of any of these suppliers. DTN does not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel or restaurant, or any other entity that supplies services related to your trip. All suppliers are independent contractors and are not agents or employees or representatives of DTN. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all travelers agree that neither DTN, nor its employees, agents, or representatives are or may be liable for any loss, injury, or damage to any tour traveler or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of DTN.
To the fullest extent permitted by law, 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 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, , and any condition or warranty which would otherwise be implied by law into these Booking Conditions (Implied Warranty), is excluded.
To the extent an Implied Warranty cannot be excluded, our liability in respect of the Implied Warranty is limited to (in our absolute discretion): (i) the provision of a similar trip to an equivalent value; or (ii) a refund of the total amount received by us from you in connection with your booking.
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.
DTN assumes no responsibility or liability for any delay, change in schedule, loss, injury or damage, or loss of any traveler that may result from any act or omission on the part of others; DTN assumes no responsibility or liability for personal property.
7. SEVERABILITY
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, 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.
