Please read and understand the following terms and conditions:
1.Welcome to Discover and Beyond
This website is owned and operated by Discover and Beyond. By accessing or using this website, you agree to the terms set out in these terms and conditions and the terms of any other documents which govern your use of the website, including the Privacy Policy. These terms and conditions apply to the sale of goods and services supplied by us. These terms and conditions apply to the exclusion of all other terms and conditions unless we specifically confirm otherwise in writing. Please read these terms and conditions carefully before placing an order with us. In these terms and conditions, “discoverandbeyond.com” and “us” and “we” and “our” refer to Discover and Beyond.
2.Amendments to Terms and Conditions
2.1 We reserve the right to amend any of the terms and conditions contained in the Agreement (including to comply with law or to meet our changing business requirements) at any time and from time to time without notice to you. Amendments will be effective immediately upon posting on the Discover and Beyond Platform. If We make changes to these Terms and Conditions, We will post the amended Terms and Conditions on the Discover and Beyond Platform and update the “Last Updated” date at the end of these Terms and Conditions. You are expected to check this page from time to time to take notice of any changes made. Your continued use and access of the Discover and Beyond Platform following any such amendment constitutes an acceptance by you of the amended terms and conditions.
2.2 In addition, when using the Services, you shall be subject to any additional terms applicable to such Services that may be posted on the page relating to such Services from time to time and the privacy policy adopted by Discover and Beyond from time to time (“the Privacy Policy”). All such terms are hereby expressly incorporated by reference in these Terms and Conditions.
3. Booking reservations
3.1 Our experiences are subject to availability. We do not pencil book any experience without any proof and payment confirmation. Before a booking is confirmed, we reasonably check the service to be available, you will be sent an invoice with your requested package with a validity and the full details of your trip and a payment request/details will be sent. Once payment is received and in cleared funds, a booking confirmation and a binding contract will be sent.
3.2 Please check that all details such as names, dates and timings and all other elements of your booking are correct. Where this is not done and there is an unreasonable delay in notifying any apparent discrepancies in the confirmed arrangements, you will be responsible for any additional charges that may arise as a result of alterations that have to be made to the booking.
3.3 Occasionally, we have to cancel a booking prior to issue of the confirmation invoice, where the supplier is unable to confirm all key elements, and/or we are unable to offer suitable alternative arrangements. If we have to cancel your booking prior to confirmation or the arrangements we are able to confirm when we issue a confirmation invoice are significantly different to those requested and any alternative arrangements we offer you are not acceptable, we will refund all monies you have paid us. As bookings can only be accepted on the basis set out above, other than the refund no additional compensation will be payable where your booking is canceled or a significant change made by us (which you accept) in accordance with this clause. We reserve the right to decline your booking and return your deposit payment at our absolute discretion.
3.4 The person named on the quotation (“party leader”) must be authorized to make the booking on the basis of these Terms and Conditions by all persons named on the booking and by their parent or guardian for all party members who are under 18 when the booking is made. By paying the deposit, the party leader accepts these Terms and Conditions on behalf of all members of the party and confirms that he/she is authorized to do so by all other members of the party. The party leader is responsible for all payments due to us and must be at least 18 when the booking is made.
4. Pricing
4.1 The price of each experience will be quoted on per package, unless otherwise specified. We reserve the right to alter the prices of any experience shown on our website or set out in our written proposal to you at any time before your booking is confirmed. You will be advised of the current price before your booking is confirmed.
4.2 Unless the Supplier has otherwise specified, prices do not include any local taxes or use-fees, including embarkation or disembarkation fees at ports and airports, security, park fees, customs, immigration, agricultural, passenger-facility charges, or international transportation tax.
4.3 Inclusions are determined by the Supplier. Prices do not include tips/gratuities; baggage and personal insurance; any items of a personal nature; taxes or duties; and any beverages or food that the Supplier has not specifically stated are included.
5. Terms of Payment
5.1 All charges are made in Philippine Peso. Final payment is always conducted in PHP. We also refund in PHP. We can not be held liable to any loss in currency exchange during transactions, nor any third-party transaction fees that may occur at the time of payment and/or refund.
5.2 Discover and Beyond accepts payment thru: (1) bank deposit, (2) Online bank payments/ deposit via Instapay (3) debit/ credit card payments thru Union Bank of the Philippines, Inc, (4) debit/ credit card payments thru PayPal, (5) e-wallet payments thru GCash and GrabPay, (6) Check payments.
5.3 Additional charges apply to your total amount due for the following payment platform: PayPal (5%), Credit card payments thru Unionbank (3.5%), E-wallet payments thru GCash and Grabpay (2%).
5.4 Checks may be accepted as payment for local clients. Payments made by check are not considered “paid”, until fully cleared by our bank and released for payment.
5.5 A deposit as specified on your quotation must be paid at the time of booking. For certain travel arrangements, the suppliers concerned may require a higher deposit or full payment at the time of booking. If this applies to your booking, we shall advise you of this prior to booking or may request an additional deposit payment after booking.
5.6 The balance of the total invoice must be received by us not less than 15 working days before the booking date. Bookings made within 15 working days of the booking date require full payment at the time of confirmation. The balance payment date will be shown on the confirmation invoice. If we do not receive all payments due in full and on time, we are entitled to assume that you wish to cancel your booking. In this case the cancellation charges set out in section 6.2 will apply.
Amendments and Cancellations by You
Amendments
6.1 Should you wish to make any alterations to your confirmed booking you must notify us as soon as possible in writing by email to hello@discoverandbeyond.com. Any amendment request will not take effect until received and confirmed by us. Whilst we will endeavor to assist we cannot guarantee that any request will be met. If we can make the requested change you will be provided with a quote detailing any additional costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers.
Cancellation
6.2 Cancellation of a booking must be made in writing and is effective from the date we receive the written notification. Upon cancellation, the deposit and any amendment charges will be forfeited. Cancellation charges are expressed at a percentage of quoted price as follows:
| Period before booking date when we receive your written cancellation |
Charge |
| 91 days or more |
Deposit only |
| 90 days or less |
100% |
6.3 Note that cancellation charges may also vary depending on the experience, some experiences do require rescheduling only, cancellation policy is stated on the cancellation section of the package website page.
6.4 A no-show is defined as failure to appear at the agreed meeting point and time, with or without prior notice. Kindly note that all no-shows are non-refundable and non-transferable. Please note that no refunds, credits, or rescheduling will be provided for no-shows under any circumstances. The full booking amount will be forfeited.
Amendments and Cancellations by Us
Amendments
7.1 Occasionally we may need to make amendments to your confirmed trip. We may do this at any time and we will advise you of any changes that affect your booking. Most changes will be minor in nature and will not entitle you to a refund or to change your holiday and no compensation will be due. Examples of minor changes include but are not limited to, a change of accommodation to that of a similar or higher standard, a change of the overall length of the package by less than twelve hours.
7.2. If we are constrained by circumstances beyond our control to make any significant changes to the main characteristics of your confirmed trip we will notify you as soon as possible. Within the period we shall specify in the notice you may either: (i) accept the proposed changes; or (ii) accept a substitute package of an equal or higher value that we offer; or (iii) terminate the contract without paying a cancellation charge.
7.3 Where any changes to your contact result in the package being of a lower cost you are entitled to an appropriate price reduction. If you choose to terminate the contract you will be provided with a full refund within seven working days after the contract is terminated.
Cancellations
7.4 We may cancel your confirmed travel if you fail to comply with any requirement of these booking conditions. We also reserve the right to cancel your travel for any reason at any time before full payment has been received.
7.5 We cannot accept liability or pay compensation where the prompt performance of our contractual obligations is prevented or affected by, or you suffer any damage or loss as a result of force majeure. In these booking terms and conditions, force majeure means any event which we or the supplier of services in question could not reasonably foresee or avoid. Such events are likely to include war, threat of war, civil strife, riot, civil disorder/unrest, industrial dispute, actual or threat of terrorist activity, natural or nuclear disaster, fire, breakout of an epidemic or pandemic disease, technical problems with transport, cancelation or amendment to any scheduled flight, closure, congestion of airports or ports, adverse weather conditions and all similar events outside our control. 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 Discover and Beyond.
7.6 Whilst we always endeavor to avoid changes and cancellations, we must reserve the right to do so. If Discover and Beyond cancels your travel for a reason not identified above, we will refund you within seven working days or offer an alternative travel of a comparable standard. (Please see section 3.3)
8. Information
8.1 All reasonable care has been taken to ensure that the descriptions, facts or opinions on our website are accurate and not misleading. Opinions expressed are personal to the authors and photographs only relate to a specific destination when specifically captioned. Additionally, information may have been published many months before your booking takes place and may be subject to change.
8.2 We reserve the right to make changes to the website and any information it contains at any time. Errors may also occasionally occur. You must therefore ensure you check all details of your chosen experience (including the price) at the time of booking.
8.3 We cannot accept responsibility for any descriptions, facts or opinions published in any third party or suppliers’ brochures or promotional material.
9. Suppliers Conditions
9.1 Independent suppliers provide most accommodation, services, and transport. All bookings are subject to the additional terms and conditions of our independent suppliers and regulations of these carriers/ transport proprietors/accommodation providers and service suppliers. Copies of the additional terms and conditions and regulations are available on request at the time of booking.
9.2 These conditions may limit or exclude our liability to you and may be subject to provisions of international conventions. Many third-party suppliers require a waiver of responsibility to be signed, which may limit some of your rights vis a vis those suppliers.
10. Limitation of Liability
10.1 You agree that Discover and Beyond’s liability to you will never be greater than the amount spent on the trip, and that you will not seek to secure any judgment for an amount greater than the amount spent with Discover and Beyond. YOU UNDERSTAND AND ACCEPT THAT DISCOVER AND BEYOND’S LIABILITY FOR LOSS AND ANY OTHER MONETARY CLAIMS/DAMAGES WILL BE LIMITED TO BE NO MORE THAN THE MONEY SPENT BY YOU WITH DISCOVER AND BEYOND. This clause 10.1 restricts the total liability to you under these terms and conditions and is only intended to limit Discover and Beyond’s total liability, and other than capping total exposure to you in no way modifies the limitations of liability contained elsewhere in this document. You recognize that adventure travel is inherently risky. You accept the inherent risks of this travel and acknowledge that the enjoyment of adventuring beyond the normal safety of home and work is part of the reason for your participation in this trip. As a result, you release Discover and Beyond from all or any liability to the undersigned, his/her personal representatives, heirs, assigns, and next of kin, from any and all losses, damages, death, inconvenience, or injuries to the person or damage or loss of property of the undersigned, or on account of death, injury, loss or inconvenience resulting from the negligence of Discover and Beyond or the negligent or willful conduct of any third parties while the undersigned is participating in a tour or any travel or other arrangements made by Discover and Beyond.
Please note we cannot accept any liability for any damage, loss, expense or other sums of any description, which:
(a) on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you, or
(b) did not result from any breach of contract or any other fault by ourselves or our employees, or where we are responsible for them our suppliers.
10.2 Additionally, we cannot accept liability for any sums which relate to any business losses.
11. Compensation Policy
At Discover and Beyond, we do not provide monetary compensation, refunds, or rebates for any services rendered. Any form of compensation is offered solely at our discretion and may vary depending on the situation. All compensatory offers are non-transferable and provided on a case-by-case basis, without guarantee.
If a client declines the compensation offered or remains dissatisfied, we consider the matter resolved upon the issuance of our final offer. Further claims, demands, or disputes will not alter this resolution unless otherwise required by applicable law.
12.Indemnification
12.1 You shall indemnify and hold harmless Discover and Beyond and our directors, senior managers, officers, employees and agents of such personnel from all losses or damages arising out of any third party’s claim for non-compliance of these Terms of Use or the infringement of any intellectual property or any right of others due to your access to the Discover and Beyond Platform or your use of the Discover and Beyond Services. If any of Discover and Beyond and our directors, senior managers, officers, employees, and agents of such personnel suffers any losses or damages, you shall indemnify them, including but not limited to litigation fees, attorney fees, settlement fees, and other losses.
12.2 With respect to a claim filed by a third party mentioned above, Discover and Beyond may ask you to defend against any claim or take legal action, and to conduct any settlement negotiations. However, without our prior written consent, you may not take any legal action which may be adverse to our rights.
13. Dispute Resolution
These Terms and Conditions and your relationship with Discover and Beyond are governed by and construed in accordance with Philippines law. You agree that any controversy and dispute arising out of your use of the Discover and Beyond services, Both parties agree to submit to the exclusive jurisdiction of the Courts of Quezon City, Philippines.
14. Contact Us
If you have any questions about our services or these Terms of Use, please contact the Discover and Beyond Customer Service Center (Email: hello@discoverandbeyond.com) directly and we will answer your request as soon as possible.
