Menu
ES EXPLORER shall render the tourism services outlined in Exhibit A (the “Services”), providing all necessary manpower, materials, equipment, and facilities to comprehensively fulfill the Services:
Specified in ANNEX 1
This Agreement is effective from January 1, 2024, until December 31, 2024, subject to earlier termination as outlined herein. Upon termination, the Client shall settle payments for Services rendered up to the termination date.
The total fee for the Services provided under this Agreement shall be determined as specified in Annex 1, here in incorporated by reference. This fee shall be inclusive of all applicable taxes, expenses, and any other charges that may arise in connection with the delivery of the Services. Payment will be as follows:
To ensure clarity and avoid any misunderstanding regarding payment obligations, the following points are emphasized:
Payment Deadline: The Client agrees to complete the payment as mentioned in point No#. 3 above and as delineated in Annex 1. Failure to comply with the payment deadline may result in the postponement or cancellation of the Service commencement at the sole discretion of the Service Provider, furthermore, the service provider has the right to not to refund any paid amount.
Method of Payment: Payment shall be made through the methods specified by the Service Provider, which may include bank transfer, credit card, or any other agreed-upon method mentioned in this Agreement.
Confirmation of Payment: Upon receipt of payment, the Service Provider will issue a confirmation of payment to the Client, acknowledging the fulfillment of the payment obligation.
Amendments to Fees: Any amendments to the agreed-upon fees as per Annex 1 shall be made in writing however, the service provider has the right to amend/ change any conditions at the sole direction of the service provider management.
Refund Policy: The conditions under which a refund of the fee may be considered will be outlined in this agreement, detailing circumstances such as cancellation policies, force majeure events, or failure to provide the agreed-upon Services.
Any changes to the scope of Services requested by the Client may result in adjustments to the agreed fee. The Client must provide written notice of any desired changes, and such changes shall not be binding unless agreed upon in writing by the service provider . The cancellation policy is as follows in clause number 7: [The Detailed Cancellation Policy].
To facilitate the effective delivery of Services by the Service Provider, the Client agrees to the following obligations:
Health and Safety: The well-being and safety of each traveler are of paramount importance. As such, it is the responsibility of each traveler to ensure they are in good health and possess the physical capability to participate in all activities and excursions as outlined in the trip itinerary. Travel involves varying degrees of physical exertion and exposure to different environmental conditions, which may pose risks to those with underlying health conditions or limited mobility.
Medical Consultation: Prior to departure, it is imperative for each traveler to consult with a healthcare professional to verify their fitness for travel, particularly for trips that involve strenuous activities, high altitudes, or remote areas with limited medical facilities. This consultation should include a comprehensive review of the traveler’s medical history and any potential health risks associated with the destinations to be visited.
Acknowledgement of Risk: By participating in this trip, each traveler acknowledges that they have considered the potential health and safety risks associated with their travel itinerary. Travelers agree to assume all responsibility for their health and well-being, including making informed decisions about their ability to safely participate in planned activities.
Notification of Conditions: Travelers must inform the Service Provider of any existing medical conditions, dietary restrictions, allergies, or specific health concerns that may affect their ability to participate in any aspect of the trip or that may require accommodation. This information must be provided at the time of booking or as soon as such conditions become known to ensure appropriate arrangements can be made.
The Service Provider will strive to accommodate special requirements to the best of its ability but cannot guarantee the availability of such accommodations without prior notification. The Service Provider also reserves the right to refuse participation in certain activities if it is deemed that a traveler’s health condition could endanger themselves or others.
By understanding and adhering to these health and safety guidelines, travelers contribute to a safe and enjoyable travel experience for themselves and their fellow participants.
Reservations
By accepting these terms, you acknowledge your understanding of our cancellation policy and agree to its conditions. We advise you to review your travel insurance policy carefully to ensure it meets the coverage requirements outlined above, providing you with peace of mind and financial protection against unexpected travel disruptions.
Refunds for Third-Party Payments:
Refunds for payments made by the Service Provider to third parties on behalf of the Client will be issued only after the deduction of applicable cancellation charges and upon successful recovery of such amounts from the third parties. It is important to note that all cancellation fees are in addition to any fees or charges imposed by external agents, including Travel Agents. Visa Cancellation Waiver Fees are expressly non-refundable. Should the Client’s travel insurance cover the cause of cancellation, it is the Client’s obligation to claim these charges from their insurance provider. The Service Provider disclaims any responsibility for initiating or facilitating such claims.
Modification or Cancellation by the Provider:
The Service Provider reserves the unequivocal right to modify, alter, or cancel any aspect of the travel services, including but not limited to trips, accommodations, in-destination activities, or arrangements, at its sole discretion. In the event that the full payment is not received by the stipulated due date, the Service Provider retains the right to cancel the reservation without issuing a refund. The Service Provider expressly disclaims responsibility for any reservations lost due to non-payment. In cases of cancellation attributable to Force Majeure events, the Service Provider may, at its discretion, issue a Future Travel Credit (FTC) to the Client equivalent to the value of payments received minus any non-recoverable third-party costs. Such FTCs shall be valid for a period of 12 months from the issuance date. If a trip is prematurely terminated due to a Force Majeure event and alternative services or
assistance are provided, the Client agrees to bear the financial responsibility for any additional costs incurred.
Provider-Initiated Cancellations:
Should the Service Provider cancel a trip for reasons other than Force Majeure, an attempt will be made to offer a comparable alternative trip, subject to availability. The Service Provider is not liable for reimbursing any costs or penalties incurred by the Client related to external travel arrangements or for any expenses arising from an early return, absence, or illness incurred during the trip. The Client is strongly recommended to secure comprehensive travel insurance that provides coverage for such contingencies.
No Refund Policy:
The Service Provider operates under a strict no-refund policy regarding the total package cost, reflecting the pre-arranged and pre-paid nature of travel services. Exceptions to this policy, particularly in the context of Force Majeure events, will be assessed at the sole discretion of the Service Provider. The Client acknowledges that such assessments do not guarantee the issuance of a refund or credit.
Obligation for Additional Costs:
The Client unequivocally acknowledges and agrees to bear sole responsibility for all costs ensuing from any premature termination of their trip participation, regardless of the reason. This responsibility encompasses, unequivocally, expenses for additional transportation, alternative accommodations, meals, and any other related incidental costs.
Disclaimer of Provider Liability:
The Service Provider, ES Explorer, explicitly disclaims any liability for costs or losses incurred by the Client due to early departure from the trip. This comprehensive disclaimer includes, without limitation, any claims for reimbursement related to unused services, missed travel opportunities, and any consequential personal or financial distress.
No Obligation to Assist:
The Service Provider may offer assistance or advice for alternative arrangements in the event of the Client’s early departure purely at its own discretion. Such assistance, when offered, does not constitute an obligation on the Service Provider’s part, nor does it imply liability for any additional expenses incurred. The Service Provider reserves the full right to withhold assistance at any time, for any reason, without justification.
Mandatory Comprehensive Insurance:
The Client is strongly urged to procure comprehensive travel insurance covering potential trip disruptions, including cancellation, interruption, medical emergencies, and early departure. It is the Client’s responsibility to ensure the insurance coverage is adequate for their needs. The Service Provider will not be responsible for assessing the suitability or completeness of the Client’s insurance coverage.
Acknowledgment of Terms:
By agreeing to these terms of service and participating in the trip, the Client explicitly recognizes and accepts their financial obligations in the event of an early departure. Furthermore, the Client agrees that the Service Provider has no obligation to offer refunds or compensation for any related losses or expenses.
ES Explorer notes that the prices for trips are not fixed and may change. Potential travelers are advised to verify the most current pricing either through direct inquiry with the company or via a travel agent.
Additional Charges: Any fees imposed by airlines or cruise lines, including but not limited to baggage handling and seat selection fees, fall squarely on the traveler. It’s essential for guests to budget for these additional costs separately from the trip’s base price.
Deposit and Minimum Participation: The service provision by ES Explorer commences once a deposit is made. Some trips may have a minimum participant requirement to proceed, emphasizing the need for early confirmation of trip viability.
Health, Medical Conditions, and Special Requests
Disclosure of Conditions: It is mandatory for travelers to disclose any medical conditions or mobility issues at the time of booking. This allows ES Explorer to assess the suitability of the trip for the traveler and make necessary accommodations.
Dietary Requests: Special dietary needs or other specific requests must be
communicated at the booking stage. However, fulfillment of such requests cannot be
guaranteed, highlighting the need for flexibility by the traveler.
Conduct, Responsibilities, and Liability Authority on Trip: Travelers are expected to respect and follow the directions of ES Explorer’s employees and agents. Non-compliance, especially if it endangers anyone’s health or well-being, could result in removal from the trip without any entitlement to a refund.
Behavioral Expectations: The company has a zero-tolerance policy towards abusive or aggressive behavior. Violators will have their holiday terminated immediately, underscoring the importance of maintaining a respectful and considerate demeanor.
Damage and Reimbursement: Any damage caused by travelers to accommodations or property must be compensated for by the travelers themselves, ensuring accountability for one’s actions.
Travel Insurance: Strongly recommended by ES Explorer as mentioned in clause 10.4, travel insurance covers unexpected circumstances like trip cancellations, medical emergencies, and personal property loss. This recommendation aims to mitigate the financial risks associated with unforeseen travel disruptions.
Inclusions and Optional Experiences: While many trip highlights are included at no extra cost, ES Explorer offers optional experiences for an additional fee. These are subject to change and are operated by third-party suppliers, with the company not liable for these experiences.
Group Photos and Social Media: The company may organize group photos, intending to share these on social media. Travelers wishing not to participate can notify the service provider in writing, respecting individual privacy preferences.
Booking Responsibility: The primary individual making the booking is responsible for all aspects of the booking, including payments, information accuracy, and communication with other party members.
Personal Health Measures: Guests are obligated to undertake personal health measures, including the carriage of personal protective equipment and sanitizers, to mitigate the risk of COVID-19 transmission.
Adherence to Public Health Guidelines: Guests must strictly follow all health directives issued by ES Explorer, including but not limited to physical distancing, hygiene practices, and adherence to health instructions displayed through signage or communicated by ES Explorer staff.
Voluntary Assumption of Risk: By engaging in travel with ES Explorer, guests voluntarily assume all risks associated with exposure to COVID-19 and acknowledge that ES Explorer shall not be held liable for any related health issues that may arise.
Protocol for Positive COVID-19 Test Result: In the event a guest tests positive for COVID-19 during their travel, they must comply with the prevailing laws and regulations of the host country, which may include mandatory isolation. The financial burden of such compliance, including but not limited to accommodation and travel expenses, shall be borne solely by the guest.
Refund Policy: ES Explorer will not issue refunds to guests who are unable to partake in or complete their travel due to non-compliance with health and safety requirements. Guests will be liable for any additional costs incurred as a result of such non-compliance.
Acceptance of Terms and Conditions: Payment for and enrolment in any trip constitutes unconditional acceptance of these terms and conditions. These terms are subject to amendment prior to booking, and any modifications thereto must be made in writing and signed by an authorized officer of ES Explorer.
Severability: Should any provision of these terms and conditions be deemed invalid or unenforceable, such invalidity shall not affect the enforceability of the remaining provisions. This agreement shall be construed as if the invalid or unenforceable provision was omitted and replaced by a valid, enforceable provision that most closely matches the intent of the original provision.
Security, Insurance, and Itinerary Changes.
Security Risks: Guests acknowledge the inherent risks associated with travel, including to areas known for security vulnerabilities. Guests accept full responsibility for their travel decisions in light of such risks.
Itinerary Adjustments: Due to the dynamic nature of global security situations and government-issued travel advisories, ES Explorer reserves the right to make adjustments to the itinerary or accommodations, or to cancel trips as deemed necessary. Guests must be prepared to accept such adjustments as part of the terms of their engagement with ES Explorer.
Both parties agree to maintain the confidentiality of information received from the other party that is designated as confidential. This provision shall survive the termination of this Agreement.
This Agreement, including Exhibit A, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, negotiations, and communications, both written and oral.
No amendment to this Agreement shall be effective unless it is in writing and signed by both parties.
This Agreement and the interpretation of the terms herein shall be governed by and construed in accordance with the laws of the United Arab Emirates, as applied in the Emirate of Dubai.
The Parties irrevocably submit to the exclusive jurisdiction of the Dubai Courts should any dispute arise out of, relating to or connected with or under this Agreement and or about the existence and or validity of this Agreement.
If any provision of this Agreement is found to be invalid or unenforceable, the same shall be considered as having been severed from this Agreement. However, the remaining provisions shall remain in full force and effect, and the Parties shall make every possible effort to replace the said provision with a valid and enforceable provision having as nearly as possible the same financial and legal effect.
If any provision of this Agreement is found to be invalid or unenforceable, the same shall be considered as having been severed from this Agreement. However, the remaining provisions shall remain in full force and effect, and the Parties shall make every possible effort to replace the said provision with a valid and enforceable provision having as nearly as possible the same financial and legal effect.
This Agreement is being executed in 2 (two) counterparts, each of which shall be deemed to be an original, but both of which together shall constitute one and the same instrument.
Check out
We treasure the memories you make at ES Explorer! Join us on an exciting journey full of adventure. Stay up-to-date on our latest tour packages and activities by following us on social media. Let’s make every moment count together!
An adventure of a lifetime experience in the heart of the world, UAE.
