THE DESTINATION CLUB
TERMS AND CONDITIONS –
Thank you for booking and/or traveling on an international travel package with The Destination Club LLC. These Terms and Conditions (the “Terms”) apply to any travel products and/or services you have booked with or purchased from The Destination Club, and govern the contractual relationship between you and The Destination Club with respect to any such travel products and/or services (hereinafter, the “Products”). Please read these Terms carefully as by booking any Product with The Destination Club, or by traveling on a Destination Club trip, you acknowledge that you: i) have read and understand these Terms, and ii) indicate your express acceptance of and agree to be bound by these Terms. If you have confirmed a booking on any Products with more than one client named and booked on such booking, you shall be deemed to have accepted these Terms on behalf of all clients named in the booking (including minors and those under a disability) and traveling on or otherwise participating in any Products (hereinafter “you”, the “Client(s)”), and by such travel or participation all passengers indicate their assent to these Terms. The client who confirmed the booking is deemed to be the designated contact person for all other clients named in such booking. These Terms constitute the entire agreement between the Client and The Destination Club with respect to the subject matter thereof and supersedes all prior agreements, representations and understandings of the parties, written or oral.
1. THE BOOKING CONTRACT
A booking is confirmed and these Terms shall apply when The Destination Club, or an authorized agent acting on The Destination Club behalf, have received the applicable deposit from the Client and the Client has received written confirmation from The Destination Club of such booking. The Client confirming the booking must be no less than 21 years of age and agrees to provide full, complete and accurate information as requested by The Destination Club to confirm such booking. Any Client confirming a booking on any Products with more than one Client named and booked on such booking represents and warrants to The Destination Club that: i) they have all requisite consents and authority to make such booking on behalf of all other Clients named on the booking, and have communicated all necessary information to the other Clients in order for them to give free and fully informed authorization to do so; ii) the information that they are providing regarding all clients is complete and accurate, and they have obtained all necessary consents and permissions to share such information with The Destination Club for the purposes of completing the booking; and iii) they will inform all other named Clients on the relevant booking of the applicability of these Terms to the booking and the Clients’ relationship with The Destination Club.
At any time before a booking is confirmed, The Destination Club reserves the right to increase or decrease brochure prices of any Products. The Destination Club reserves the right to decline any booking, in their sole discretion.
2. MEDICAL CONDITIONS AND SPECIAL REQUIREMENTS
All Clients should consult their physician regarding their fitness for travel. The Destination Club encourages all Clients to seek their physician’s advice regarding necessary or advisable vaccinations, medical precautions, or other medical concerns regarding the entirety of the Client’s travel with The Destination Club. The Destination Club does not provide medical advice. Clients must notify The Destination Club in writing prior to the due date of their final payment for their booking of any medical conditions, pregnancy, disability or any other mental and or physical condition which may impact the Client’s fitness to travel, and/or any continuing medical condition. Full disclosure of such information is a condition of traveling on any Product or in any capacity with The Destination Club. Certain Products may not be suitable for all people due to restrictions posed by limitations in mobility, physical or cognitive disability, pregnancy or various other physical or mental conditions. It is the Client’s responsibility to assess the risks and requirements of each Product in light of such Client’s limitations, physical and mental fitness and condition, and any medical requirements or issues of such Client. The Destination Club may refuse to carry pregnant women over twenty-four (24) weeks or Clients with certain conditions, if suitable accommodation or alternate Products or services cannot be arranged. Travel packages, as offered by The Destination Club, by its nature may involve visiting remote or less developed regions, where medical facilities may not meet the standards of those found in a Client’s home country. The condition of medical facilities in the countries in which The Destination Club operates varies and The Destination Club makes no representations and gives no warranties in relation to the standard of such facilities or medical treatment in those regions. The Destination Club will endeavor to accommodate the special requests of Clients, such as dietary and accommodation requests, but such requests do not form part of these Terms or the contract between Client and The Destination Club and The Destination Club is not liable for any failure to accommodate or fulfill such requests.
Traveling with Minors: Traveling with minors is not allowed on a Destination Club travel package. Clients aged 21 at date of booking a Destination Club trip are deemed to be adults. Unless otherwise indicated in the tour description, or otherwise by Black & Abroad, the minimum age for Clients traveling on tours is 21 years of age.
The Destination Club Products are available for purchase using Stripe, a payment processor that offers dynamic currency conversion. Clients are able to book a Destination Club Trip with 130 different currencies. The currency applied to the Client’s booking will be determined by The Destination Club, in consideration of the booking location of the Client. The Client will be advised of the applicable currency prior to making any payment to Journeys. The Destination Club is not responsible for any fees incurred as a result of Client booking in a particular currency.
4. FINAL PAYMENT SCHEDULE/LATE PAYMENT/ACCEPTANCE OF BOOKING/CLIENT DETAILS
(a) Final Payment: Clients should refer to the confirmation email sent by The Destination Club and/or their applicable confirmation email for details regarding final payment for any Products booked. Payment of the balance of the price for any Product is due no less than thirty (30) days before the departure date of the first Product to depart (of the Products included in such booking). If full payment is not received by such due date, Journeys may change the rate payable for the Product, or may treat the booking of such Product as cancelled and shall retain the amount paid on booking as a cancellation fee, at The Destination Club sole discretion. If a Product is booked less than forty-five (45) days before the departure date of the first Product to depart (of the Products included in such booking) then the full amount is payable at the time of booking in order for the booking to be confirmed. If, for any Product, payment terms differ from those outlined in this section, the applicable terms will be communicated to the Client prior to booking and shall also be detailed on the applicable invoice.
(b) Late Payment: Failure to make a payment within fourteen (14) days of the agreed upon date is a breach of contract and will result in the cancellation of your booked travel package. The Destination Club maintains the right to assign your spot to the next eligible client on the wait list.
(c) Client Details: As a condition to valid confirmation of any booking with The Destination Club (including all Products) the Client must provide all necessary information as requested by The Destination Club along with their final payment. If the Client fails to provide such information prior to thirty (30) days before the departure of the purchased Product, an Administrative Fee will be charged to the Client, and The Destination Club reserves the right to treat such booking as cancelled and levy any cancellation fees deemed reasonable by The Destination Club, in its sole discretion. The information required from each Client will vary by Product purchased, and the requirements will be communicated to the Clients during the booking process.
(d) Credit Card Charges: The Destination Club is not responsible for any charges levied or charged by third parties and/or financial institutions and payable by the Client as a result of credit card or other payment transactions in connection with the purchase of Products and will not refund or return any fees charged by such third parties in connection with payments made by Clients to The Destination Club.
5. CANCELLATION BY THE CLIENT
Any cancellation of a booking and/or a Product by a Client must be delivered to The Destination Club in writing and be acknowledged by The Destination Club in writing. Deposits are NON-REFUNDABLE and NON-TRANSFERABLE between persons. Client has a 7 (seven) day grace period after the initial deposit is paid where a cancellation will result in a full refund of the deposit. If the journey is paid through an installment payment plan, cancellations made at least 90 (ninety) or more days prior to the departure date will be refunded all payments made after the initial deposit. Payments made beyond the initial deposit are refundable at a rate of 50% from eighty-nine to thirty-one (89-31) days prior to the commencement of the trip, and if the client cancels within thirty (30) days of departure, it is 100%. If journey is paid in full at time of initial purchase, Client will receive a full refund (after the deposit cost) if cancellation is made 90 or more days prior to departure. If the Client cancels the booking within eighty-nine to thirty-one (89-31) days of departure, the penalty is 50% loss, and if the client cancels within thirty (30) days of departure, it is 100%.
The Destination Club is not responsible for any incidental expenses or consequential losses that the Client may have incurred as a result of the cancelled booking such as visas, vaccinations, non-refundable flights or rail, non refundable car parking or other fees, loss of earnings, or loss of enjoyment, etc.
Clients purchasing Products are highly recommended to purchase comprehensive cancel for any reason insurance, to the extent such insurance is available under the laws governing each client’s country of origin.
To cancel services booked through third party vendors, please contact the applicable vendor
6. CANCELLATION OF A TOUR BY The Destination Club
The Destination Club will not cancel a booking on any tour Product once confirmed, in accordance with these Terms, except for reasons of ‘Force Majeure’, which shall be defined as unusual or unforeseen circumstances outside of the reasonable control of The Destination Club. When a tour is cancelled by The Destination Club before the agreed date of departure for reasons not arising from the fault or negligence of or within the reasonable control of the Client, the Client shall have the choice of:
(i) accepting from The Destination Club a substitute tour Product of equivalent or superior value, where such substitute is reasonably available;
(ii) accepting from The Destination Club a substitute tour of lower value if no tour of equivalent or superior value is reasonably available, and to recover from The Destination Club the difference in price between the price of the tour originally purchased and that of the substitute tour; or
(iii) accept from The Destination Club a full refund of all monies paid (after initial deposit which will be used as a future credit) for the cancelled tour Product(s).
The Destination Club is not responsible for any incidental expenses or consequential losses that the Client may have incurred as a result of the cancelled booking such as visas, vaccinations, non-refundable flights or rail, non-refundable car parking or other fees, loss of earnings, or loss of enjoyment, etc. The Destination Club reserves the right to issue a full refund in lieu of the choices above, in its sole discretion. Where, after departure, a significant element of the Product(s) as described cannot be provided, The Destination Club will make suitable alternative arrangements for the continuation of the trip Product(s). If it is not possible to provide a suitable alternative or the Client reasonably rejects any suitable alternatives, The Destination Club will provide the Client a refund of unused Products or Product portions.
7. UNUSED SERVICES
The Destination Club shall not offer or pay any discounts or refunds for missed or unused services which were missed or unused by the Client due to no fault of The Destination Club or its The Destination Club Team Members, which shall include any termination of the Client’s participation in the tour Product due to the Client’s own fault, negligence or breach of these Terms
8. PRICES, SURCHARGES AND TAXES
Due to the nature of travel and the prices of the resources on which it depends, the published price of any Product is subject to change at any time, before or after booking confirmation, up to thirty (30) days before the departure of such Product. After a Confirmation Invoice has been issued by The Destination Club to the Client, The Destination Club reserves the right to impose surcharges on any Product(s), but only 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 Product(s), but only where the increase in question is greater than two percent (2%) of the original price paid for the Product (excluding add-ons, insurance, and taxes). The Destination Club shall provide notice to the affected Client as soon as reasonably possible upon learning of the necessity to impose a surcharge in accordance with this section.
Where the increase in price is greater than seven percent (7%) of the price of the applicable Product, upon receiving notification from The Destination Club the affected Client(s) may elect to either:
(i) cancel the applicable Product booking without incurring any penalty; or
(ii) accept the change of price.
The Client must notify The Destination Club of their election within fourteen (14) days of receipt of notice of the increase, or they shall have been deemed to have accepted the price change and have accepted liability for payment of the increase.
Tours are priced and advertised exclusive of applicable sales taxes and such taxes will be advised to Client at the time of booking and itemized on subsequent invoicing.
The prices of Products advertised on theThe Destination Club website are based on costs in effect at the time of posting to the website. The Destination Club reserves the right to alter prices of any Product at any time prior to receipt of payment in full for such Product. All dates, itineraries and prices are indicative only and the price quoted at the time of Booking shall be the applicable price, subject to the surcharges that may be levied in accordance with Section 9, above. Changes, revisions, or other amendments may be made to the particulars contained on the The Destination Club website before a contract is concluded, and such changes, revisions or amendments shall be incorporated herein as of the date of such amendment.
The Client acknowledges by booking a Product and/or agreeing to travel with The Destination Club that the nature of this type of travel requires considerable flexibility and acknowledges that they will permit reasonable alterations to the Product and/or itinerary by The Destination Club. The Client acknowledges their understanding that the route, schedules, itineraries, amenities and mode of transport may be subject to change without prior notice due to circumstances or events, which may include sickness or mechanical breakdown, incidents in the location where the Product will be operated, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather and other unpredictable or unforeseeable circumstances which are beyond the reasonable control of The Destination Club.
(a) Trip details: The itinerary is a general guide to the tour and region and any mention of specific destinations is not a guarantee that they will be visited or encountered, nor does it form part of the contract between the client and the operator. Although the itinerary has been organized with care and details are provided in good faith, The Destination Club may make improvements that stem from, but are not limited to, weather changes, local factors, past travelers’ comments, research and other reasonable factors. As a client, you also expressly acknowledge and assume responsibility for inherent risks associated with physical activities you participate in.
(b) Changes made by The Destination Club: While The Destination Club will endeavor to operate all Products as advertised, reasonable changes in the itinerary of any Product may be made where deemed necessary or advisable for operational reasons by The Destination Club, in its sole discretion. If The Destination Club makes a Material Change (defined as a change affecting at least one (1) in three (3) full tour days of the itinerary, or which materially affects the character of the Product in its entirety) to any Product, The Destination Club will inform the Client(s) booked on such Product of any Material Change as soon as reasonably possible, provided that there is sufficient time before departure to properly notify all affected Clients. If a Material Change is made more than fourteen (14) days prior to departure, the affected Client may elect to:
(i) accept the Material Change and proceed with the amended Product;
(ii) book another Product of equivalent or greater value, if available (Client shall be responsible for paying any difference in price between the amended Product and the Product booked in its place);
(iii) book another Product of a lower value, if available, with a refund payable to the Client of the difference in price; or
(iv) cancel and receive a full refund of all monies paid in respect of the land-only portion of the applicable Product (and for clarity, this shall not extend to additional Products booked by the same Client which are not subject to any Material Change).
The affected Client must notify The Destination Club of their decision in writing within seven (7) days of receiving the notification of alteration, or they shall have been deemed to accept the Material Change and deemed to have agreed to the amended Product itinerary.
If any Material Change arises from reasons of Force Majeure, as herein defined, the Client shall be entitled to recover only the costs of the Product recoverable by The Destination Club.
Once a Product excursion has departed, changes to such Product’s itinerary may be necessary or advisable as a result of unforeseen circumstances or other reasons related to effective Product operation, health, safety, Client enjoyment, or Client comfort. Any such changes are at the discretion of the The Destination Club Team Member and any indirect costs incurred as a result will be the responsibility of the Client. The Client acknowledges that they must have reasonable financial resources to cover incidental expenses on every Product on which they travel, whether or not they arise from a change in the itinerary or from the travel itself, and that The Destination Club shall not be liable for any Client’s failure to prepare adequately for their travel and unforeseen circumstances which may arise during such travel.
The Destination Club will not be liable for any indirect and or consequential losses associated with any changes to a Product’s itinerary.
(c) Changes made by the Client: Client may contact The Destination Club directly by email, to correct any errors in Client’s personal information recorded on their booking. Client is responsible for ensuring that information provided to The Destination Club in making their booking is accurate, up-to-date, and correct. A one-time transfer from one Product tour to another may be made one-hundred and twenty (120) days or more prior to departure of the applicable Product for a fee of $199, subject to Product availability and approval by The Destination Club. If such transfer request is approved by The Destination Club and the Client has transferred to (i) a more expensive Product tour, Client shall pay the difference in price between the cost of Client’s original Product tour and the new Product tour; or (ii) a less expensive Product tour, Client shall not be eligible for a refund of the difference in price between the cost of Client’s original Product tour and the new Product tour. Any request to transfer received less than 120 days before departure of the applicable Product will not be accepted and Client must cancel the Product booking in accordance with the cancellation terms herein and create a new booking for any other Products. The Client may only transfer a booking to a departure date 12 months from the original date of purchase. Any changes to the traveling Client’s name on any Product booking are subject to The Destination Club’s approval and applicable Administrative Fees may apply, which will be payable by the Client.
(d) Other Changes: Any changes to a file will depend on availability and will be on a request basis and subject to The Destination Club approval. Any extra costs incurred for making the change will be charged to the Client along with an Administrative Fee. No changes are permitted to any booking within fourteen (14) days of departure of the first Product to depart under the applicable booking.
Product tour prices do not include international airfare or any other flights unless expressly mentioned in the inclusions.
(a) Quotes: All quotes are in US Dollars, unless otherwise stated. The Destination Club Client Concierge staff will quote the best price available at the time of quoting for the travel dates requested. Quotes provide an indicative price only, and represent no price commitment by The Destination Club.
(b) Options: The Client may hold an option on a flight with The Destination Club through our commissioned concierge. This option guarantees the seat at the quoted price for the same business day. After close of business that day (5pm EST, Monday to Friday) if the option is not confirmed, the option is deemed to have expired and is no longer valid.
(c) Price changes: Until tickets are issued, the The Destination Club Client Concierge team reserves the right to change prices in the event of any price increase for any reason including, but not limited to, airfares wrongfully quoted due to system error, the price of fuel and/or currency fluctuations or government taxes or levies, or any other cause whatsoever.
(d) Full payment: Full payment must be paid before the option period described in (b), above, expires to guarantee the reservation at quoted price and secure applicable tickets. By making full payment, the Client agrees that they accept the air travel arrangements as requested at the total price quoted. Cancellation fees will apply if the Client subsequently decides to cancel after any ticket has been issued.
(e) Changes & cancellations: Unless otherwise stated, airline tickets are 100% non-changeable & non-refundable once tickets have been issued. Changes made prior to ticket issuance may be applied at the The Destination Club Client Concierge team’s sole discretion, and will also be subject to administrative fees, as applicable, to be payable by the Client.
(f) Flight reconfirmation: Client is responsible for confirming flight times, numbers, and details at all times to ensure a timely departure. The Destination Club is not responsible for any change to airline schedules or flight numbers after tickets have been issued. Clients may contact appropriate airline or airport information sources in order to obtain relevant up to date flight information.
(g) Airline tickets: Once issued, all airline tickets are non-transferable and valid only for the dates and routings shown. If an airline ticket is lost, the client is responsible for the full cost of a new ticket and any changes that may occur in replacement.
(h) Airline, airport or weather delays: The Destination Club is not responsible for any additional expenses or loss that may arise from airline, airport or weather delays. The Destination Club will not reimburse for any additional expenses incurred by the Client as a result of such events or delays. The Destination Club will not refund any unused portion of air tickets purchased in the event of such delays or due to any reasons beyond its direct control.
14. ACCEPTANCE OF RISK
The Client acknowledges that the nature of Product tours may involve a significant amount of risk to Clients’ health and/or safety. The Client hereby assumes all such risk and does hereby release The Destination Club from all claims and causes of action arising from any damages or injuries or death resulting from these risks inherent in travel, visiting foreign destinations, and participating in adventurous activities such as those included in Product itineraries.
Accommodation, transportation, activities and excursions, and other components of The Destination Club’s Products will be arranged by The Destination Club with suppliers local to the region where the Product operates, who may themselves engage the services of local operators and/or sub-contractors. Standards of hygiene, accommodation and transport in some countries where Product tours take place are often lower than comparable standards than what the Client may reasonably expect in their home country or region. The Destination Club at all times endeavors to appoint reputable and competent local suppliers and to comply with all applicable laws and regulations concerning health and safety in the regions where Product tours operate. The terms and conditions of all suppliers of Product components will be applicable to the Product component provided by such supplier and are expressly incorporated into these Terms. These may limit or exclude liability of the supplier. The liability of The Destination Club will not exceed that of any supplier of any Product component. The components that make up each Product tour shall be regarded as having been satisfactorily performed and delivered solely in reference to the regulations and laws concerning health and safety in the applicable jurisdiction where such component is operated.
15. AUTHORITY ON TOUR & CLIENT RESPONSIBILITY
At all times the decision of the The Destination Club Team member(s) or other designated representative(s) will be final on all matters regarding safety and well being of Clients and operational requirements of the Product tour. By traveling with The Destination Club, the Client agrees to abide by the authority of the Team Member or designated representative. The Client must at all times strictly comply with all applicable laws and regulations of all countries and regions visited on the applicable Product tour. If the Client is affected by any condition, medical or otherwise, that might affect Client’s ability to travel or participate in adventure travel activities, Client’s enjoyment of the Product tour being booked, the ability to travel or enjoyment of any other Clients on the Product tour, or the treatment to be administered to the Client in any emergency situation, the Client must advise The Destination Club at the time of booking, along with any other documents reasonably requested by The Destination Club to ensure the health and safety of all Clients who travel with The Destination Club. Should the Client fail to comply with the above or commit any illegal act when on the Product tour or, if in the opinion of the The Destination Club Team Member (in his/her and/or The Destination Club’s sole discretion), the Client’s behavior is causing or is likely to cause danger, distress or material annoyance to others, The Destination Club may terminate that Client’s travel arrangements on any Product immediately without any liability on The Destination Club part and the Client will not be entitled to any refund for unused or missed services or costs incurred resulting from the termination of the travel arrangements, including, without limitation, return travel, accommodations, meals, and/or incidentals.
Clients agree that they are responsible for any costs incurred by The Destination Club, The Destination Club suppliers or The Destination Club partners, as a result of damage, destruction, theft, or excess cleaning fees related to Client’s accommodation, transport, or other use of facilities while on the Product tour. Clients agree to immediately report any pre-existing damage of this kind to staff of the accommodation, transportation service, or facility (as appropriate) and/or a The Destination Club’ representative as soon as possible upon discovery by the Client.
Client agrees to take all prudent measures in relation to their own safety while on any The Destination Club, including, but not limited to, the proper use of safety devices such as seatbelts, harnesses, and helmets, and obeying all posted signs and warnings in relation to Client health and safety. The Destination Club shall not be liable for any failure on the Client’s part to comply with this paragraph.
16. TRAVEL DOCUMENTS
(a) Valid Passport: The Client is entirely responsible for securing and must be in possession at all times while on a Product tour of a valid passport required for entry, departure and travel to each country or region visited or traveled through throughout the itinerary of the applicable Product tour, and for re-entry to the Client’s country of residence or departure (passport must be valid six (6) months past the last date of travel with The Destination Club), as well as all visas, permits and certificates including vaccination certificates and insurance policies, required for entry into all regions and participation in all parts of the Product tour itinerary. The Client accepts full responsibility for obtaining all such documents, visas and permits prior to the start of the Product tour, and is solely responsible for any adverse consequences resulting from missing or defective documentation. Client agrees that they are responsible for the full amount of any loss or expense suffered or paid by The Destination Club or any of its third party suppliers which are a direct result of the Client’s failure to secure proper travel documentation. Any information or advice given by The Destination Club regarding visas, vaccinations, climate, clothing, baggage, special equipment, etc. is purely advisory, provided as a courtesy to the Client, and The Destination Club is not responsible for any errors or omissions in the information provided, or in the information provided to Clients by third parties such as government or travel authorities.
(b) Documents: Please note that all travel documents for Products such as vouchers, itineraries and invoices will be sent electronically and via email to the e-mail address provided on booking. The Destination Club reserves the right to impose an administration fee on those Clients who wish to receive their travel documents by other means.
(c) Trip Details: The Client acknowledges that due to the changing nature of travel, they are responsible for keeping up to date on the details of their travel on the The Destination Club website, including, but not limited to checking the website at least seventy-two (72) hours prior to departure to ensure the Client has the most current Trip Details as minor changes may have been made since the tour documents were originally provided by The Destination Club.
17. FORCE MAJEURE
The Destination Club shall not be liable in any way to the Client 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 Destination Club failure to commence, perform and/or complete any duty owed to the Client 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 Destination Club; or an event which The Destination Club or the supplier of services, even with all due care, could not foresee.
CLIENT ACKNOWLEDGES THAT IT IS MANDATORY THAT ALL CLIENTS OBTAIN TRAVEL INSURANCE WITH A MINIMUM MEDICAL, EVACUATION, AND REPATRIATION COVERAGE OF USD $200,000 covering all applicable dates of any travel with The Destination Club and this insurance must cover personal injury and emergency medical expenses. Thirty days before the departure of each Product tour, The Destination Club will verify that all Clients have such insurance in place and coverage as per the required amounts above. It is strongly recommended and encouraged that Clients also extend their coverage to include cancellation, curtailment, and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Client. The Destination Club shall have no liability for loss, theft of or damage to baggage or personal effects of Clients while participating in a Product tour. Clients should not leave personal belongings unattended in any public areas, on board any mode of transportation, or elsewhere, and are responsible at all times for their own effects and belongings. The Destination Club 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 Destination Club such as hotels, home-stays, vessels, expedition vehicles, or any other mode of transportation. Client acknowledges that the cost of the Product tour does not include any insurance coverage for such Client, and that the Client is required to obtain separate coverage at an additional cost to the Product tour price. When obtaining travel insurance the Client must ensure the insurer is aware of the type of travel to be undertaken so that the insurer may properly cover travel on the applicable The Destination Club Product.
19. DISCOUNTS AND PROMOTIONS
All discounts and any reduced pricing and/or promotional benefits are applied at The Destination Club sole discretion. From time-to-time The Destination Club may offer reduced pricing on selected Product tours. The reduced pricing applies strictly to new bookings, and bookings that have already been confirmed (which for these purposes shall mean bookings in respect of which payment has been made in full or in part and has been received by The Destination Club) are not entitled to the reduced pricing. Clients agree that if they have previously cancelled a booking in their name for a Product, they shall not be entitled to re-book on the same or any similar Product tour with any promotion or discount applied, even in the event that they may appear otherwise entitled to such discount.
20. CLAIMS AND COMPLAINTS
Client agrees to bring any complaints regarding a Product to The Destination Club as soon as possible in order to provide The Destination Club with the opportunity to address such complaint properly. Client agrees to inform the The Destination Club Team Member at the earliest opportunity, or to inform The Destination Club Operations Manager or The Destination Club Client Concierge department directly. The Destination Club assumes no liability for complaints that are not properly brought to the attention of The Destination Club with sufficient notice for The Destination Club to resolve or attempt to resolve any Client complaints. Any complaint made after the completion of a Product tour must be received in writing by The Destination Club directly at [email protected] within thirty (30) days of the end of the tour. Client acknowledges and agrees that The Destination Club will not accept any liability for claims received after this period.
21. CLIENT RESPONSIBILITY
The Client acknowledges that depending on the nature of the Product booked, or the location(s) in which such Product is to operate, there may be a significant degree of personal risk involved in travel on the Product. There are dangers inherent to adventure travel generally and Client acknowledges they have considered such risk to health and safety and are willing to assume it, by confirming their booking of such Product. The Client acknowledges she or he has considered the potential risks, dangers and challenges in light of their own personal capabilities and needs, and expressly assumes the risks attendant to travel under such conditions. The Client acknowledges and agrees that The Destination Club is not responsible for providing information or guidance to the Client with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where Products are operated, and The Destination Club strongly encourages that Clients locate or make contact with his/her local embassy or consulate in each destination prior to departure on any The Destination Club Product
Extras (which for the purposes of this section mean any activity, transportation, meal, or any other product or service not expressly included in the Product description or itinerary, or in the price of the Product) do not form part of the tour or Product. Client agrees that any assistance given by the The Destination Club Team Member or other The Destination Club representative in arranging, selecting, or booking any Extras is purely at the request of the Client, and The Destination Club makes no warranties regarding such information and expressly disclaims any liability whatsoever arising from any Extras or participation thereon by any Client, or any information provided by any The Destination Club representative or The Destination Club Team Member regarding any Extras. Accordingly, the Client hereby releases The Destination Club from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to Extras.
The Destination Club is not responsible for any damages, expenses, losses, or claims which are attributable to the fault of any Client, the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services that form any part of the Product(s), or a force majeure event (as herein defined).
THE CLIENT MUST COMMUNICATE AT THE EARLIEST OPPORTUNITY, IN WRITING, TO THE DESTINATION CLUB ANY SUCH FAILURE THAT THE CLIENT ALLEGES HAS OCCURRED. In the event that any loss, death, injury or illness is caused by the negligent acts and/or omissions of The Destination Club or of the third-party suppliers of any services which form part of the Contract, then The Destination Club limits its liability and any liability The Destination Club may incur for the negligent acts and/or omissions of its suppliers shall be limited to a maximum of the price which the Client paid for the Product, not including insurance premiums and administration charges. Where this relates to loss of and/or damage to luggage and/or other personal possessions then The Destination Club liability will not exceed $1,000.The Destination Club will not at any time be liable for any loss of or damage to valuables of any nature. The Client agrees that they shall be precluded from making a double recovery by making the same claims and seeking recovery against The Destination Club and its suppliers, contractors or other third parties.
Hotels, shuttle services or other constituent elements of a Product will be arranged by The Destination Club with suppliers local to the regions in which the Product operates, who may themselves engage the services of other local operators and/or sub-contractors. The Destination Club will at all times endeavor to appoint reputable and competent local suppliers. The terms and conditions of the suppliers will be applicable and are expressly incorporated into these Terms, and the Client assents to those terms and conditions and the limitations and obligations contained therein. These may limit or exclude liability of the supplier. The liability of The Destination Club will not exceed that of any supplier. All suppliers will be selected and assessed by The Destination Club in reference to local laws and regulations in the relevant country of operation. Neither The Destination Club nor any carrier is liable for the acts or omissions of any independent contractors.
In the event that any term or condition contained herein is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from these Terms or amended accordingly only to such extent necessary to allow all remaining terms and conditions hereof to survive and continue as binding. If any provision of these Terms is found to be so broad as to be unenforceable, such provision shall be interpreted to be only so broad as is enforceable. The invalidity or unenforceability of any provision hereof shall in no way affect the validity or enforceability of any other provision.
26. CONTRACT PARTIES, SUCCESSORS AND ASSIGNS
These Terms shall inure to the benefit of and be binding upon The Destination Club and the Client and their respective heirs, legal personal representatives, successors and assigns, as well as anyone named in any booking made by the booking Client on whose behalf the Client is purchasing any Product.
The Destination Club, exists under, and is pursuant to, the applicable laws of Georgia.
28. ONLINE BOOKINGS
All online reservations shall be deemed as booked in the United States, and shall be subject to United States law and jurisdiction.
29. IMAGES AND MARKETING
The Client agrees that while participating in any The Destination Club Product, images, photos or videos may be taken by other Clients and/or The Destination Club representatives or The Destination Club Team Members that may contain or feature the Client in part or in whole. The Client acknowledges that they consent to any such pictures being taken and agree that Client hereby grants a perpetual, royalty-free, worldwide, irrevocable license to The Destination Club, its affiliates and assigns, to reproduce for any purpose whatsoever (including marketing and promotions), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation to the Client or compensation payable to such Client.
30. REFUSAL OF SERVICE
The Destination Club retains the right to refuse service to any Client at any time, for any lawful reason whatsoever, in its sole discretion.
The Destination Club reserves the right to update and/or alter these Terms at anytime, and shall post the amended Terms on the The Destination Club website (www.thedestinationclub.com). Any such amendment shall take effect seven (7) days following its posting to the The Destination Club website. The latest Terms, as amended, may be accessed any time on The Destination Club’s website, or will be sent to Client upon their written request to The Destination Club. Clients shall be deemed to have accepted any amendments to these Terms on the date that is seven (7) days after their posting on the The Destination Club’s website. The Destination Club recommends that all Clients refer to the Terms prior to their travel to familiarize themselves with the most up-to-date version hereof
(a) Clients purchasing from the wait list must purchase from the full payment plan. Unless otherwise mentioned, roommates will be selected at random.
(b) Payment Plans. On your payment due date, The Destination Club will deduct Client’s payment from the payment account Client designated at the time of purchase or as updated thereafter. Automatic payments will be debited from Client’s designated account on the payment due date indicated and agreed upon on Client’s account.