Terms of Services
This web page represents our Terms of Services and Sale (“Agreement”) regarding our website, www.Discoveryphototours.com (“Website”). It was last posted on 1 July 2018. The terms, “we” and “our” as used in this Agreement refer to Discovery Photo Tours. We may amend this Agreement at any time by posting the amended terms on our Website. By registering for this photo tour or workshop, participants certify that they have carefully read the dates, schedule of activities, the requirements and the “Terms & Conditions” for the Photo Tour / Workshop (hereinafter referred to as the “Trip”) and are aware that the Trip involves the risk of personal injury, death or loss (damage) to property. We may or may not post notices on the homepage of our Website when such changes occur.
Participants agree on behalf of themselves, their dependents, heirs, executors, and assigns, to release and hold harmless Discovery Photo Tours, LLC, its employees, subsidiaries, affiliates, officers, directors, successors, representatives, assigns and its designated tour operators (hereinafter referred to as the “Tour Operators”) from any and all claims, including but not limited to liability for delays, monetary damages, illness, injuries, death, or for the loss of or damage to property resulting directly or indirectly from any occurrences or conditions. Participants agree to abide by the conditions set forth under the “Terms & Conditions” and other sections as stated herein or elsewhere published. Participants affirm that they are covered by medical insurance, which is valid overseas and affirm that they have not relied on any additional oral or written representation of the Tour Operators for executing this release. Participants further acknowledge receipt of this release and understand and accept its terms and conditions. Any questions participants had concerning this release have been answered fully.
The Tour Operators organize, promote, and sell the Trip along with services they purchase from other suppliers. The suppliers are independent contractors and are not agents or employees of the Tour Operators. They supply services that include, but are not limited to, transportation, accommodations, meals, and excursions using local guides. While we endeavor to make travel arrangements with reputable suppliers, the Tour Operators are not responsible for the willful or negligent acts and/or omissions of such suppliers, their employees, agents, servants, or representatives, including, without limitation, their failure or inadequate delivery of services. All travel and arrangements are subject to the terms and conditions specified by the suppliers, air carriers and/or applicable governing laws. The Tour Operators and the suppliers providing transportation or any service can accept no responsibility for losses or additional expenses due to, but not limited to, delay, inconvenience, changes to or cancellation of itinerary, sickness, weather, strike, war, quarantine, terrorism, defects in vehicles, breakdown in equipment, animals including transportation by animals, hiking, and any act, omission, negligence or other causes beyond their control. All such losses or expenses will be borne by the passenger, as the Trip rates provide for arrangements only for the time stated. The Tour Operators are not responsible for expenses incurred by Trip members in preparing for the Trip (i.e.: air tickets, visa/passport fees, equipment, medical expenses, individual transfers, etc.).
Discovery Photo Tours grants you a non-exclusive, non-transferable, revocable license to access and use our Website in order for you to make deposits for our photography tours and related services through our Website, strictly in accordance with our Legal Terms.
Changes in Services
Rates are based on tariffs, U.S. exchange rates and supplier fees in effect at the time of publishing. We reserve the right to alter our prices. Please note that if the Tour Operators cancel a trip extension, you are subject to the cancellation penalty for the main trip should you subsequently decide to cancel your main trip. Individual transfers for those travelling independently are not included unless otherwise stated. If the group falls below the minimum requirement for paying Participants, the expedition is subject to cancellation or a small group supplemental fee. Accommodations are based on double occupancy (two people sharing a room) requests for single occupancy are assigned on a first-come, first-served basis, when available and subject to a supplemental fee at the rate stated on the individual trip website page. Tour Operators will attempt to place Participants with a roommate of the same gender if possible, in the case this is not available Participants may be subject to a Single Supplement Fee.
The Tour Operators reserve the right to cancel or make changes to the published itinerary, including removal or substitution of tour leaders, whenever, in its judgment, conditions warrant, without consulting the participants. Participants have no right to any refund or other considerations in the event of these itinerary or leader changes. The Tour Operators reserve the right to cancel any Trip before departure, in which case a full refund of all amounts paid to the Tour Operators will be made. If changes are made, tour leaders will plan each day considering the interests of the group and the weather at hand. Be assured that we will make substitutions that are similar in quality and interest when possible.
Assumption of Risk
Participants are voluntarily participating in the trip with knowledge that it involves some inherent risks and danger including, but not limited to, forces of nature, terrorism, civil unrest, strikes, wild animals (including animals used for transportation), all activities including hiking over rough terrain, theft, cancellation or changes in itinerary, negligent action of others or their agencies, or means of conveyance or accommodation which may not be operated nor maintained to standards common in Western countries like the United States. This includes health-related issues, and I am aware that medical services or facilities may not be readily available or accessible during all or part of the Trip. This includes emergency medical care, presence of physicians, and adequate medication. On expeditions of this type, it is not possible to accommodate persons with severe health problems, physical disabilities or mental illness. It is the passenger’s responsibility to judge the appropriateness of the travel activities to their own physical and mental capabilities. By forwarding the deposit, the passenger certifies they agree with these terms and conditions and that they do not have any mental, physical or other condition or disability that would create a hazard for them or other participants. The Tour Operators and their suppliers take no responsibility for special arrangements or problems incurred by passengers unable to participate in the Trip or planned activities. The right is reserved to decline any person as a member of the Trip or to require any participant to withdraw from the Trip at any time.
Limits On Tour Operator’s Responsibility
Tour Operator, its employees, shareholders, officers, directors, successors, agents and assigns, does not own or operate any property or entity which is to or does provide goods or services for your trip. It purchases transportation (by aircraft, coach, train, vessel or otherwise), hotel and other lodging accommodations, restaurant, ground handling and other services from various independent suppliers (including from time to time other affiliated Tour Operator companies). All such persons and entities are independent contractors. As a result, Tour Operator is not liable for any negligent or willful act of any such person or entity or of any third person. In addition and without limitation, Tour Operator is not responsible for any injury, financial or physical loss, death, inconvenience, delay or damage to personal property in connection with the provision of any goods or services whether resulting from but not limited to acts of God or force majeure, illness, disease, acts of war, civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of services, food poisoning, mechanical or other failure of aircraft or other means of transportation or for failure of any transportation mechanism to arrive or depart on time.
There are many inherent risks in adventure travel of the type involved here, which can lead to illness, injury, or even death. These risks are increased by the fact that these trips take place in remote locations, far from medical facilities. Guest assumes all such risks associated with participating in these trips.
If you decide to participate in any activities including, but not limited to, any excursions involving animals, riding on animals, adventure hikes, scuba diving, snorkeling, hot air ballooning, helicopter flights, ziplining, high altitude treks, climbing, whitewater rafting, jet boat rides, snowmobiling, primate tracking and any activity which Tour Operator considers to carry inherent risk of serious illness, injury or death (“Activities”) then you fully understand and acknowledge that Activities carry with them various inherent risks, including serious illness, injury or death and you take complete responsibility for your own health and safety and agree to assume all risks of injury, illness or death, whether foreseen or unforeseen, that may befall you as a result of participating in any Activities and agree to release Tour Operator and its affiliates, their agents, employees and representatives from any liability whatsoever related thereto.
Further, as consideration for being permitted to participate in the Activities; you release Tour Operator, whether known or unknown, from, and agree not to sue or make claim against Tour Operator for, property damage, cancellation of any Activities for any reason, illness, negligent rescue operations or procedures, personal injury, or death arising out of your participation in the Activities, and any activity related thereto, including transportation to and from the site of the Activities, regardless of whether such property damage, illness, personal injury, or death results from the negligence of Tour Operator (but not its reckless, willful, or fraudulent conduct), and/or from any defect in equipment. You further agree to indemnify and hold Tour Operator harmless with respect to any claim made against Tour Operator by anyone else which (a) related to your participation, or (b) which would be subject to the above release and covenant not to sue if you had made the claim directly yourself.
It is the responsibility of the guest to become informed about the most current travel advisories by referring to the US State Department’s travel website at travel.state.gov or by phone at 888 407 4747. In the event of a State Department Travel Advisory against travel to the specific destination location(s) of the trip, should the guest still choose to travel, notwithstanding any travel advisory, the guest assumes all risk of personal injury, death or property damage that may arise out of the events like those advised or warned against.
If in the event we do not sell an adequate amount of seats on a photo tour, Discovery Photo Tours may cancel the entire tour and refund all deposits and payments to participants that signed up. Discovery Photo Tours requires all participants to purchase airfare cancellation insurance and to communicate with the Discovery Photo Tour team prior to purchasing airfare for your tour to ensure there are an adequate amount of Participants attending. Discovery Photo Tours cannot be held responsible for fees or last monies associated with airline and other travel agencies due to the cancellation of a tour.
Fitness and Health
Anyone who is reasonably fit should be able to participate in most activities on the Trip. It’s possible to experience general fatigue due to long flights and changes in time zones. You will need to be sufficiently agile to climb in and out of the transport vehicle and be able to carry and manage your own photographic equipment and luggage. We will hike trails and paths ranging from easy to moderate throughout the Trip. Some hotels may not be equipped with elevators or air-conditioning.
If you have any special needs or any physical condition that you feel might prevent you from fully participating, please make us aware when registering for the Trip or email us in advance with your questions or concerns.
Please be aware that medical services and facilities might not be readily available during all or part of the Trip. This could include emergency medical care, presence of physicians, or adequate medication. Please notify us in advance of any allergies, physical / mental conditions or medications you’re currently taking that may affect your health.
Code of Conduct
Participants are expected to conduct themselves in a manner that is respectful to the group and other participants. Any use of illegal drugs or substances, committing or participating in any criminal or illegal activity & violence of any sort will not be tolerated and will result in the participant’s immediate removal from the Trip, without refund and at the participant’s expense. Trip leaders are authorized, and hereby reserve the right, to remove or exclude participants from the Trip, or any portion thereof, for actions they deem as inappropriate or disruptive to the group or Trip.
Discovery Photo Tours, LLC and its designated tour operators and Trip leaders reserve the right to take photographs or videos during the operation of any Trip or part thereof and to use the resulting photography, videos, or recordings for promotional or commercial use. By making a reservation on a Discovery Photo Tours, LLC Trip, the participant agrees to allow his/her likeness to be used by Discovery Photo Tours, LLC, Discovery Photo Tours, LLC-authorized third parties, and the tour operator without compensation to the participant. If the participant prefers that his/her likeness not be used, he/she must notify us in writing prior to departure of the expedition.
Copyright in all photographs, video, and related materials (herein referred to as “Trip Materials”) created by the participant shall belong to the participant upon creation. The participant grants to the Tour Operators their owners, agents and subsidiaries, a non-exclusive, worldwide, irrevocable license to use any Trip Materials voluntarily provided to the Tour Operators in any media for the following purposes: editorial use, promotion of this editorial use, advertising and promotion of Photo Tours or Workshops offered by the Tour Operators or promotion of Photo Tours or Workshops led by Trip Leaders representing the Tour Operators.
Single / Shared Accommodations
A limited number of single rooms/cabins are available at an extra cost on a first-come, first-served basis. We will assist persons requesting a roommate. Participants will be notified if a suitable roommate is not available, in which case the single rate will be charged.
*ANTARCTICA TOURS FINAL PAYMENT IS DUE IN FULL NO LATER THAN 120 DAYS PRIOR TO DEPARTURE.
Copyrights and Trademarks
Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (“Intellectual Property”) owned, controlled or licensed by Discovery Photo Tours. Our Website as a whole is protected by copyright and trade dress. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner. Discovery Photo Tours aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of Discovery Photo Tours, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from Discovery Photo Tours. Discovery Photo Tours prohibits the use of any logo of Discovery Photo Tours or any of its affiliates as part of a link to or from any Website unless Discovery Photo Tours approves such link in advance and in writing. Fair use of Discovery Photo Tours Intellectual Property requires proper acknowledgement. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners.
Links to Third-Party Websites
Our Website may contain links to Websites owned or operated by parties other than Discovery Photo Tours. Such links are provided for your reference only. Discovery Photo Tours does not monitor or control outside Web sites and is not responsible for their content. Discovery Photo Tours’ inclusion of links to an outside Website does not imply any endorsement of the material on our Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Discovery Photo Tours inclusion of the links imply that Discovery Photo Tours is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Website.
Postings on our Website are made at such times as Discovery Photo Tours determines in its discretion. You should not assume that the information contained on our Website has been updated or otherwise contains current information. Discovery Photo Tours does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. THE INFORMATION AND MATERIALS IN OUR WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
Payments for all optional excursions are due on the date specified by Tour Operator. If payments are not received by the due date, Tour Operator will not be able to guarantee participation in optional activities for guests who have not made payments on time. Any late payment for excursions are subject to a $100 administrative fee with no guarantee that participation will be possible.
Payments, Cancellations, and Refunds
Because we rely on participant attendance in order to schedule our pro photographer leaders, book essential travel arrangements, acquire permits and arrange lodging discounts, we must adhere to the following policies for all participants:
A deposit is required to reserve your place on a tour with Discovery Photo Tours. This deposit can be made through our online billing system by credit card or debit card.
The final payment for all photo tours is due no later than 90 days prior to the departure date of the photo tour you are joining. Final payment can be made by bank wire or by credit or debit card. There is a 3% credit/debit card processing fee for all payments.
Some tours may require a higher additional deposit due to advance booking or transportation requirements. Required deposit amounts will be listed on the individual Trip page on our website. Payment in full is required when registration is completed less than 90 days before the departure date. Guests spots on tours are subject to cancellation by the Tour Operators if payments are not received in full when due. If a guest would like to cancel they must send an email notification. Please note your cancellation is not considered official until you have received a return email confirmation acknowledging your cancellation. At the time we receive your cancellation notification, the following per person charges will be applied.
150 days or more before departure: $500 administrative fee (per spot), plus any additional costs incurred, as well as any fees that are charged by the suppliers providing the services included in the Trip. If your spot is filled by another participant on a full tour, we’ll refund your deposit minus payment processing fees and the $500 administrative fee.
90 -150 days before departure: $1500 cancellation fee (per spot), plus any additional costs incurred, as well as fees, if applicable, that are charged by the suppliers providing the services included in the Trip. If your spot is filled by another participant on a full tour, we will refund your deposit minus payment processing fees and a $500 administrative fee.
90 days or less before departure or anytime after departure: NO REFUNDS WILL BE GIVEN and your deposit or full payment will be forfeited. Payments in Full are required no later than 90 Days prior to departure. If full and final payment is not received by this date you will be notified via email two times requesting final payment. 24 hours after the second email has been sent, we will consider your failure to make payment a cancellation and your spot in the Trip will be forfeit and offered to those participants on the waiting list.
Tour Operator is not responsible for cancellations due to medical emergencies.
There are no exceptions to our Payments, Cancellations, and Refunds Policy.
Tour Operator will send requests for information to participants in the form of:
- MANDATORY consent form
- MANDATORY Travel and Medical insurance form
- Online guest information form
PDF copies of participants’ insurance policies must also be sent via email to Tour Operator prior to the commencement of the tour.
If copies of participants’ insurance policies and forms 1 & 2 are not supplied to Tour Operator TWO WEEKS prior to the commencement of the tour, participants will not be allowed to join the tour, without exception.
Form 3 is optional, however, if participant chooses not to fill out the form or misses the deadline to fill out the form, participant will be responsible for the arrangement and payment at their own expense of airport transfers, special food requests, (at participant’s expense) extra nights lodging pre and post tour, and any other expense contingent on Tour Operator receiving information from participant that they request in form 3. If participant misses the deadline to fill in form 3, a $100 administrative fee will be charged should the participant wish Tour Operator to review the information and make arrangements for participant. After deadline to fill in form 3 passes and participant chooses to pay the administrative fee, Tour Operator will make their best effort but cannot guarantee to secure airport transfers, special food requests, and (at participant’s expense) extra nights lodging pre and post tour and no refunds will be given for the administrative fee.
Travel and Medical Insurance
Travel and Medical insurance are mandatory for all Discovery Photo Tours trips. Domestic government medical insurance and private health schemes will not cover you in most overseas countries. Discovery Photo Tours recommends World Nomads for your travel and medical insurance. You may take other coverage, of course, but you must be adequately insured before participating in our tours. Please check the terms of the policy carefully, particularly the limits of cover (eg. for replacement of photographic equipment, baggage loss etc) and the procedure for making claims (most policies stipulate that claims must be made within a certain time after completion of your journey).
Your policy MUST cover medical costs in case of hospitalisation, emergency travel and repatriation. If you are going on one of our adventure activities, make sure your insurance covers you for this activity. Once you have paid your deposit or full payment, certain fees will apply if you cancel. Therefore we require taking insurance at the time of booking to protect yourself against unforeseen circumstances. Your Discovery Photo Tours leader will need two copies of your policies – the Tour Leader and our Ground Operator will keep one copy each in the unlikely event of an emergency. The copies must show the policy number and the emergency hotline phone number.
- Accident & Sickness Medical Expense Coverage (minimum $100,000 USD)
- Emergency Evacuation & Repatriation of Remains (minimum $200,000 USD)
- Accidental Death / Dismemberment
- Trip Cancellation Coverage
Suggested Additional Coverage:
- Hospital Room and Board
- Baggage and Personal Effects Coverage
- Trip Delay / Interruption
- Visitor to Bedside
We strongly urge you to evaluate your risk and to take out travel insurance that covers the full value of the Trip and personal effects in the case of Trip cancellation, loss or theft of baggage, and emergency evacuation. The Tour Operators their owners, agents and subsidiaries will not be held responsible for these expenses. It is vital for you to realize that if you experience a delay or find it necessary to cancel or cut short the Trip for any reason, you will lose part or the entire sum of the amount paid (see the section “Deposits, Payments, Cancellations and Refunds” in the terms and conditions above).
Travel insurance helps to minimize the risk of monetary losses you would incur in the event of a delay of your departure due to weather, airline strike, missed connection, etc., your inability to travel for reasons such as illness, injury, unforeseen financial complications and other personal circumstances, or if you were required to cut the Trip short for medical or any other reasons.
There are restrictions and limitations on any insurance program. For this reason, we recommend that you read carefully the fine print of your insurance policy.
*ANTARCTICA CANCELLATION Deposits for our Antarctica tour are fully refundable up to 120 days prior to departure. Payments and deposits will not be refundable for any cancellations made after 120 days to departure. We will attempt to fill your space on the tour and in the event we do, will return your deposit and payments. Any discounts given for last minute placement sales will be deducted from your refund. All discounts will be discussed and agreed upon with Discovery and guest attempting to sell their seat on our tour.
If the participant has a complaint, he/she should first inform the tour operator or Trip leader while on the Trip so that the tour operator or Trip leader can attempt to resolve and rectify the matter. If the participant is still dissatisfied, he/she should submit the complaint in writing to Discovery Photo Tours within 30 days of the completion of the Trip.
OUR WEBSITE IS OPERATED BY Discovery Photo Tours ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, Discovery Photo Tours SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT FOR OUR WEBSITE AND ANY CONTRACTS AND SERVICES YOU PURCHASE THROUGH IT. Discovery Photo Tours SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR WEBSITE, FOR SERVICES SOLD THROUGH OUR WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH OUR WEBSITE. YOUR USE OF OUR WEBSITE AND ANY SERVICES ARE AT YOUR OWN RISK. IN NO EVENT SHALL EITHER Discovery Photo Tours OR THEIR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE, SERVICES PURCHASED THROUGH OUR WEBSITE, THE DELAY OR INABILITY TO USE OUR WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH OUR WEBSITE OR RELATED SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT SHALL Discovery Photo Tours BE LIABILITY FOR ANY DAMAGE CLAIM EXCEED THE AMOUNT PAID BY YOU TO Discovery Photo Tours FOR THE TRANSACTION GIVING RISE TO SUCH DAMAGE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, Discovery Photo Tours DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT OUR WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
The participant agrees to defend and indemnify the Tour Operators, its parent and affiliate companies from and against any and all demands, claims or lawsuits (including without limitation, third party asserted demands, claims or lawsuits), actions, liabilities, damages, costs, losses and/or expenses (including reasonable attorneys’ fees and expenses) (collectively, “Claims and Damages”) which the Tour Operator may incur, suffer or be required to pay by reason of actions taken by the Participant, including those which result in damage to property owned by third parties, or any other Claims and Damages arising in connection with a third party claim suffered due to actions taken by the Participant.
The Participant is liable to pay the Tour Operators for any Claims and Damages collected by third parties, during the Trip or after, as a result of or related to actions taken by the Participant.
Tour Operator reserves the right to correct any errors or omissions in its published materials and to amend these Terms and Conditions at any time as the result of any material changes to legislation or regulation. All amended Terms and Conditions shall automatically be effective upon being posted by Tour Operator to the website discoveryphototours.com. Accordingly, guests should check the website discoveryphototours.com prior to travel in order to ensure they are aware of any changes.