D'Guy Journeys

Policies

Cancellation

D'GUY JOURNEYS CANCELLATION POLICY 1. Tours require minimum passenger numbers to operate. D’Guy Journeys reserve the right to cancel any scheduled tour due to unforeseen circumstances (including force majeure terrorism natural disasters political instability or other external events where it is not viable to undertake the tour) or minimum number requirements are not achieved. 2. A tour may be cancelled at any time up to 48 hours before the scheduled Departure Date. 3. Where D’Guy Journeys cancels your tour or your tour is unable to depart as scheduled for any reason D’Guy Charters reserves the right to: (a) arrange for an alternative Departure Date subject to availability; or (b) provide a credit to you towards the cost of a replacement tour for your use at any time within two (2) years from the scheduled Departure Date and subject also to availability; or (c) arrange for a refund of any monies you have paid less the reasonable expenses incurred by D’Guy Journeys. Third Party Suppliers 4. D’Guy Journeys may partner with third (3rd) party suppliers to provide tours and experiences. In the event a third party supplier cancels an event D’Guy Journeys is not responsible for any such cancellation and shall not be liable for any claim loss costs or expenses that may arise due to that cancellation. D’Guy Journeys recommends that you read the third party’s applicable terms and conditions which may and are likely to differ from D’Guy Journeys Terms and Conditions. Customer 5. In the event that you wish to cancel your tour you must immediately inform D’Guy Journeys in writing. Cancellation will take effect upon receipt of written confirmation of your cancellation from D’Guy Journeys. The following cancellation provisions will apply: (a) Where your cancellation is confirmed more than 7 days prior to the scheduled Departure Date – a full refund of monies paid to the date of cancellation will be made less the reasonable expenses incurred by D’Guy Journeys; (b) Where your cancellation is confirmed within 7 days but greater than 72 hours of the scheduled Departure Date – the deposit is forfeited and where the costs (including not being able to replace your position in the tour) incurred by D’Guy Journeys due to the cancellation exceed the deposit such costs shall be payable by you; or (c) Where your cancellation is confirmed within 72 hours of the scheduled Departure Date - the deposit is forfeited and where the costs (including not being able to replace your position in the tour) incurred by D’Guy Journeys due to the cancellation exceed the deposit such costs shall be payable by you provided that in any event you will be liable for no less than 25% of the tour fee as a debt due and payable to D’Guy Journeys; Generally 6. It is your responsibility to ensure that you arrive in time for the departure of your tour. A failure to arrive on time for departure of your tour may result at the sole discretion of D’Guy Journeys in the tour leaving without you. Associated transfer costs to meet up with the tour will be at your own expense. D’Guy Journeys will not be liable for any costs including out-of-pocket expenses incurred by you. D’Guy Journeys shall have no obligation to refund the costs of the tour or any portion thereof that you may have missed. For the avoidance of doubt failure to join the tour will result in the forfeiture of all monies you have paid for the tour. 7. D’Guy Journeys is not liable for any incidental expenses incurred by you as a result of your tour being cancelled including but not limited to visas travel insurance excess or non-refundable flights delay alteration or curtailment of any tour. DEFERMENT 8. In the event that you wish to defer your tour Departure Date you must immediately inform D’Guy Journeys in writing. Deferment will be at the complete discretion of D’Guy Journeys. Deferment will take effect upon receipt of written confirmation by: (a) D’Guy Journeys of your notice to defer; and (b) D’Guy Journeys written consent to the requested deferment. 9. Should D’Guy Journeys consent to the deferment of your tour Departure Date the provisions of clause 5(a) to (c) shall apply. REFUND POLICY 10. Due to the time it takes to the process all refunds please allow up to 7 days for a refund to be actioned. Refund requests must be received in writing. Most refunds take anywhere between 3 – 5 business days to be received. Refunds can only be processed back to the original mode of payment and in the case of credit cards will go back on to the same credit card. Refunds cannot be given in any other way the they were received. Refunds exclude booking fees. DEPOSIT AND FINAL PAYMENT 11. Full payment is required to confirm a tour unless specified or alternative arrangements have been made by agreement with D’Guy Journeys. Failure to adhere to the payment policy may result in cancellation of your booking FORCE MAJEURE 12. For the purposes of these terms & conditions "force majeure" means any act of God war terrorism fire flood or any other extreme weather conditions loss of power epidemics or pandemics industrial disputes slow-downs or other strike activities riots or civil unrest acts of government semi government or other authorities state and or federal government restrictions including but not limited to restrictions on travel and on gatherings inability to obtain any necessary licence or consent and delays caused by sub-contractors suppliers or other third parties (including telecommunications carriers) material shortages or other disruption to D’Guy Journeys’ services beyond its control. COVID-19 (or other pandemic) 13. Where a tour is cancelled or is unable to proceed due to any COVID-19 (or any other pandemic) restrictions (imposed by Government or any other authorizing body) or such restrictions are either not removed as expected extended or re-imposed D’Guy Journeys will use its best endeavors to contact you about your tour. In such circumstances D’Guy Journeys will consider its options in relation to a replacement tour and in its sole discretion may offer to you: (a) a transfer to an alternative Departure Date subject to availability; (b) a credit for the original value paid by you for the tour which credit will be transferable to another person and valid for two (2) years provided that: (i) additional costs may apply for tours in future years in accordance with D’Guy Journeys’ fare schedule and such additional costs shall be payable; and (ii) credit is not redeemable for cash (c) a full refund of any monies paid less the reasonable costs incurred by D’Guy Journeys. 14. If you contract COVID-19 (or any other pandemic virus or disease) within 30 days of the scheduled Departure Date of the tour you must notify D’Guy Journeys in writing. In such circumstances you (and any other person cancelling as part of the booking) will not be able to and will not be granted permission to undertake the tour and you will be offered a transfer to an alternative tour departure date subject to availability at the absolute discretion of D’Guy Journeys. Where you refuse a transfer to an alternative tour departure date it will be deemed that you have cancelled your tour and the provisions of paragraph 5 above will apply. 15. To ensure that you and our tour guides remain safe during any pandemic you must adhere to all social distancing requirements and hygiene standards as implemented by D’Guy Journeys from time to time. You may be required to undertake a temperature test via a non-contact thermometer and/or any other test that is available prior to commencing the tour and at any time during the tour. 16. Where you present with an elevated temperature COVID-19 symptoms or any other communicable disease or virus (whether you are aware of the condition or not) D’Guy Journeys has the right at its sole discretion to: (a) refuse to take you on the tour. (b) request that you wear a face mask or other protective equipment for the safety of those around you and you agree that this request is fair and reasonable; or (c) request that you leave the tour at the earliest possible and safest opportunity for the safety of those around you and you shall accede to this requirement without complaint. Where paragraphs (a) and (c) apply your tour will be deemed to have been cancelled by you and paragraph 5(c) above will apply. All out of pocket expenses (transport transfer or alternate accommodation) as a consequence of leaving the tour will be at your own expense. You shall not be entitled to any refund on monies paid by you to D’Guy Journeys under these circumstances. 17. If you present with an elevated temperature COVID-19 symptoms or any other communicable disease or virus and get tested where the results of the tests are negative D’Guy Journeys reserves the right to allow or refuse you to join or re-join the tour. Where D’Guy Journeys has refused you to join the tour your tour will be deemed to have been cancelled by you and paragraph 5© above will apply. D’Guy Journeys will not be liable for any out-of-pocket expenses incurred by you or refund any portion of the tour that you may have missed. 18. Where the conditions in paragraphs 5 to 17 above apply you release and indemnify D’Guy Journeys from any liability loss or damage of any nature that may occur to D’Guy Journeys or any other person including but not limited to persons departing on the same tour. Such liability loss or damage may include but is not limited to all costs losses and expenditures arising from the cancellation of the tour or any activity serious illness or death of any other person or where other persons cancel their tour. The above provisions do not affect but are supplemental to any force majeure terms set out in these terms and conditions. ITINERARY VARIATIONS 19. Itinerary times shown in information supplied by D’Guy Journeys are indicative only and not guaranteed. D’Guy Journeys are not able to guarantee exact arrival and departure times and are not liable for any failure to make connections with any other service. A change in itinerary does not constitute a cancellation of the tour. 20. Tours routes may vary due to track or road conditions or where determined necessary at the discretion of D’Guy Journeys or the tour leader. D’Guy Journeys may without notice vary or substitute locations transport accommodation or tour times. 21. Any variations and substitutions to the tour itinerary does not constitute a cancellation of the tour and no refunds will be given in these circumstances or in the event of any delay curtailment or alteration of a tour resulting from any cause beyond D’Guy’s control including but not limited to severe weather conditions. Components of the tour are weather dependant and D’Guy Journeys cannot be held liable if tour components are not available on the day of travel. D’Guy accept no responsibility for loss or damage to personal belongings or baggage. INSURANCE 22. Travel Insurance is NOT included in the tour fare. Travel Insurance is compulsory and it is your responsibility to arrange for comprehensive travel insurance that includes cover for all costs associated with your tour including but not limited to evacuation medical expenses loss of luggage loss during the tour or any other charges relating to air fare accommodation or any other loss or expenses that may be incurred due to cancellation delay impossibility of performance or departure from the tour once commenced. You are responsible for all costs associated with your travel insurance. 23. D’Guy Journeys reserves the right to: (a) request confirmation that you have travel insurance; (b) request a copy of a certificate of currency for the travel insurance; and (c) refuse passage to you if you have not obtained travel insurance as of the date of the tour and in such circumstances you shall forfeit all monies paid to D’Guy Journeys for the tour. YOUR RESPONSIBILITY 24. You agree to act and behave responsibly and follow the lawful directions of D’Guy Journeys’ employees contractors agents servants or representatives. 25. You agree that D’Guy Journeys has the absolute discretion and the right to request and you will accede to the request that you leave the tour if you demonstrate any form of behaviour that impacts negatively on or may affect the safety of the other guests on the tour or any employees agents contractors servants or representatives of D’Guy Journeys. 26. You will notify D’Guy Journeys if at any time during the 7 days before the commencement of the tour or during the tour itself you have felt or feel unwell or if you presented or are presenting with an elevated temperature COVID-19 symptoms or of any other communicable disease or virus. 27. You will notify D’Guy Journeys of any medical or dietary requirements or if you are on any medication for any medical condition or if you may require specialised medical attention in any circumstance. LIABILITY 28. Whilst every precaution will be taken for the safety of guests to the extent permitted by law no liability of any kind whatsoever will be taken or accepted in the event of death accident injury loss or damage to person and or property or any costs including costs of emergency evacuation on the tours. This exclusion of liability shall apply to and be for the benefit of D’Guy Journeys its employees agents servants contractors and representatives. Without limiting the ambit or scope of the exclusion of liability expressed in this paragraph D’Guy Charters its employees agents servants contractors and representatives shall not be liable for any death injury accident damage or costs to a person arising out of: (a) any walking or rock walking during the tour and any like activities that are undertaken at your own risk; (b) any swimming snorkeling or bathing in any waters during the tour and any like activities that are undertaken at your own risk; (c) any air travel or travel on watercraft during the tour as part of or incidental to the tour; and (d) any travel in any motor vehicle during the tour as part of or incidental to the tour. By booking with D’Guy Journeys I accept the Conditions of Travel.

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