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 November 2016. 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. We may or may not post notices on the homepage of our Website when such changes occur.
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.
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 encourages all participants to purchase airfare cancelation insurance if offered and to communicate with the Discovery Photo Tour team prior to purchasing airfare for your tour to insure there are adequate amount of guests 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.
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, or by mailing a check to Discovery Photo Tours. Please contact us to arrange payment by check.
The final payment for all photo tours is due no later than 60 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 2.25% credit/debit card processing fee for all final payments.
*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 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 acknowledgment. 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 Websites and is not responsible for their content. Discovery Photo Tour’s 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, Cancellations, and Refunds
A deposit per participant is required at the time of registration to reserve your spot. 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 60 days before the departure date. Space is subject to cancellation by the Tour Operators if payments are not received when due. If a participant 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.
61-90 days before departure: $500 cancellation fee, 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, we will refund your deposit minus payment processing fees and $100 administrative fee.
60 days or less before departure or anytime after departure: NO REFUNDS WILL BE GIVEN and your deposit will be forfeited. Payments in Full are required no later than 60 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. After that, 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.
*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.
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 WEBITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT OUR WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
You agree to defend, indemnify and hold Discovery Photo Tours harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of our Website or Services you purchase through it.