Booking Terms & Conditions
When you complete your Booking, you accept these Terms and Conditions (“Terms”) and any other terms and conditions provided during the booking process. These Terms include an agreement to mandatory binding individual arbitration, which means you agree to proceed in arbitration rather than court. These Terms also include your waiver of any right to bring or participate in a class action and a jury trial waiver. If anything in these Terms is (or becomes) invalid or unenforceable, it will still be enforced to the fullest extent permitted by law, and you will still be bound by everything else in these Terms. For all other terms and conditions, please refer to www.endemicexplorer.com/terms.
Definitions
- “Endemic Explorer” means Endemic Explorer LLP, its owners, operators, parents, subsidiaries, affiliates, principals, agents, licensors, joint venturers, and all employees, officers, and agents of such individuals, companies, and entities. Endemic Explorer’s address is [Insert Address].
- “Booking” means the Guest or Guest’s agent entering into a Contract with Endemic Explorer.
- “Booking Terms and Conditions” or “Terms” means these terms and conditions and the information contained in Endemic Explorer’s brochures, its website, and/or other information that will form the express terms of your Contract with Endemic Explorer.
- “Contract” means the contract between Endemic Explorer and the Guest for the Tour Package as reflected in the confirmation invoice sent by Endemic Explorer to the Guest or their Travel Advisor.
- “Tour, Expeditions, Journeys” means those travel services offered by Endemic Explorer, including but not limited to custom tours, group tours, and private tours, whether operated by Endemic Explorer or third-party suppliers.
- “Guest” means each person, including minors, named either on the booking confirmation, on the invoices, or on a ticket issued by Endemic Explorer.
- “Minor” means any person under the age of 18.
- “Refund” means a return of all or part of the fare paid and is applicable only on the conditions described herein. A Refund may, at Endemic Explorer’s sole option, be issued in the form of a travel credit, which shall have no cash value.
- “Travel Advisor” means any travel agent or any website not owned or operated by Endemic Explorer and used by the Guest to book their Tour Package.
- “Tour Package” means the journey, whether or not it is in combination with any flights.
- “Website” means the set of related web pages, documents, and hypertext links served from the web domain www.endemicexplorer.com.
1.Booking and Payment
1.1 Booking Amount:
A seat on any tour can be reserved by paying a token booking amount as shown in the itinerary. This amount secures your provisional reservation but does not guarantee the tour’s confirmation. The tour will only be confirmed once the first installment or advance payment (typically 40%-50% of the total tour cost) is paid.
1.2 Tour Confirmation:
The tour will be declared a confirmed departure only once the minimum required number of participants is achieved. At this stage, all participants will be notified and required to pay the balance amount, which constitutes 40%-50% of the total tour cost as the first installment and advance payment.
1.3 Insufficient Participants:
If the tour fails to mobilize the required number of participants, Endemic Explorer will cancel the tour, and the full booking amount and any advance payment will be refunded to all participants.
1.4 Final Payment:
Final payment must be received on the date determined at the time of booking. Failure to strictly comply with the deposit and final payment schedules, or any other applicable policies and procedures, will result in the automatic cancellation of pending reservations.
If you cancel the tour before 60 days of departure, it is important to find a suitable replacement to ensure the tour runs as scheduled and does not disrupt the travel plans of other participants.
- If you find a replacement, the amount paid by you will be refunded in full.
- If Endemic Explorer finds a replacement, the advance paid by you will also be refunded.
- If no replacement is found, Endemic Explorer reserves the right to deduct an amount from the advance paid, which is required to run the tour smoothly. Any remaining refund will be at the sole discretion of Endemic Explorer.
1.5 Single Room Supplement:
If you are not joining the tour as part of a pair and still wish to share a room, we will make every effort to find you a suitable roommate. However, if we are unable to find a roommate for you, you will be required to pay the single room supplement.
2. Cancellations and Refunds
2.1 Cancellations by Endemic Explorer:
Endemic Explorer reserves the right to cancel the tour for reasons including but not limited to insufficient bookings, operational issues, or force majeure events. If the tour is canceled due to operational issues within the company, a full refund of all payments made will be issued. Cancellations resulting from external factors beyond our control (e.g., natural disasters, political instability, or transportation disruptions) will be handled as per the Force Majeure clause (Section 6).
2.2 Cancellations by the Customer:
All customer cancellations must be submitted in writing. Refunds will be processed based on the timing of the cancellation and any non-recoverable costs incurred by Endemic Explorer, such as advance payments made to local service providers. In most cases, when booking services on behalf of the customer, we convert payments into the relevant local currencies, which may result in currency conversion losses. Even if a booking is successfully canceled and a full or partial refund is obtained from the local travel supplier, reconverting the local currency back into USD or EUR will incur additional conversion and transfer costs. These costs will be deducted from the net amount available for refund.
2.3 Non-Refundable Period:
- Cancellations made within 60 days of the tour start date: While our policy states that cancellations within 60 days are non-refundable, we understand that unforeseen circumstances may arise. If you cancel between 60 and 30 days before departure, we will make every effort to find a replacement for your seat. If a replacement is found, we will refund the amount paid by you, minus any non-recoverable costs incurred (e.g., deposits paid to accommodations or transportation providers).
- In some cases, we may be able to recover a portion of the deposit paid to third-party suppliers. If this occurs, we will offer you a travel credit for the recovered amount, which can be used for a future tour with Endemic Explorer.
- If no replacement is found, the amount paid by you will be non-refundable. We strongly recommend purchasing comprehensive travel insurance to cover unforeseen cancellations.
3. Itinerary Changes
Endemic Explorer reserves the right to modify the itinerary at any time due to safety concerns, logistical issues, or unforeseen circumstances. Such changes will be made at the discretion of the company and are binding. No refunds or compensation will be provided for itinerary changes, except as required by law.
4. Travel Insurance
All participants are required to purchase comprehensive international travel insurance prior to the tour. The insurance must cover, but is not limited to, the following:
- Tour cancellations or interruptions
- Medical emergencies, including evacuation and repatriation
- Personal injury, accidents, or death
- Loss or damage to personal belongings
- Flight cancellations, delays, or disruptions
Endemic Explorer is not responsible for any costs, losses, or damages incurred due to insufficient or lack of travel insurance coverage.
5. Liability
5.1 Limitation of Liability:
Endemic Explorer acts as an intermediary between participants and local service providers (e.g., accommodations, transportation, and guides). We are not liable for any loss, injury, damage, accident, delay, or irregularity arising from the actions or omissions of third-party service providers. However, Endemic Explorer will make reasonable efforts to ensure the quality and safety of third-party services.
5.2 Assumption of Risk:
By participating in the tour, you acknowledge and accept the inherent risks associated with travel to remote and adventurous locations, including but not limited to:
- Unpredictable weather conditions
- Wildlife encounters
- Rough terrain and transportation in remote areas
- Political or civil unrest
Endemic Explorer is not liable for any personal injury, illness, death, or property damage resulting from these risks.
6. Force Majeure
Endemic Explorer is not liable for delays, changes, or cancellations resulting from circumstances beyond our control, including but not limited to:
- Natural disasters or extreme weather events
- Political instability, civil unrest, or terrorism
- Transportation disruptions, including flight cancellations or delays
- Pandemics, epidemics, or health emergencies
In such cases, no refunds will be provided, and Endemic Explorer will not be held responsible for any additional costs incurred by participants.
7. Arbitration and Dispute Resolution
Any disputes arising out of or in connection with these Terms shall be resolved through binding arbitration in accordance with the rules of UK or Indian Arbitration law. The arbitration shall take place in India or the UK, as mutually agreed upon by both parties, and the language of the arbitration shall be English.
- Customer’s Claim Limit: In the event of arbitration, the customer’s claim shall not exceed the total amount paid by the customer to Endemic Explorer for the Tour Package.
8. Amendments
Endemic Explorer reserves the right to amend these Terms at any time. All amended Terms shall automatically be effective upon being posted by Endemic Explorer to the Website. Guests should check the Website prior to travel to ensure they are aware of any changes.
9. Third-Party Suppliers
Endemic Explorer offers both its own tours and tours delivered by third-party suppliers. The booking terms and conditions may vary depending on the tour and the supplier. In the event of any conflict between these Terms and the terms of a third-party supplier, the terms of the third-party supplier shall prevail.
10. Privacy Notice
See the Endemic Explorer Privacy Notice, which can be found at www.endemicexplorer.com/privacy, and which is incorporated herein
