TERMS AND CONDITIONS
OVERVIEW
Before making a reservation with Guim XP Tours, we encourage you to read these Terms and Conditions carefully, as they constitute a contract agreement between Guim XP Tours and the Client from the time the booking is made. If you confirm a booking in behalf of more than one client, you shall be deemed to have accepted these Terms and Conditions on behalf of all clients named in the booking (including minors and those with a disability) and therefore all clients in that group indicate their acceptance and agreement to these Terms and Conditions. The Client who confirmed the booking is considered to be the selected contact person for all other clients named in that booking and is responsible for all payments due. The purchase of any travel services offered by Guim XP Tours constitutes a contractual arrangement between the Client and Guim XP Tours and represents the Client’s acceptance of the Guim XP Tours Terms & Conditions set out herein.
PRICES
Where quoted in Philippine peso, is the final rate for all the inclusions agreed upon. Guim XP Tours exclusively work with our suppliers based on contracted discount volume rates. In order to obtain these special rates for our clients we are contractually required to package them and unable to provide any kind of price break-downs. Guim XP Tours may offer reduced pricing on selected tours at any time. The reduced pricing applies strictly to new bookings. Bookings that have already been confirmed (which for these purposes shall mean bookings in respect of which a deposit has been received by Guim XP Tours) are not entitled to the reduced pricing.
DEPOSITS & FINAL PAYMENT
In booking a tour with Guim XP Tours, a non-refundable deposit is required to secure the tour and begin the necessary booking processes and ground preparations. Deposits vary in amount depending on the services requested. A confirmation voucher will be sent to the client upon the receipt of the deposited amount. Final balance payment of the tour booked is required on the day of the tour. All payments made to Guim XP Tours should be free of bank charges, remittance fees and the like. Guim XP Tours is not responsible for any charges levied or charged by third parties and/or financial institutions and payable by the client as a result of payment transactions in connection with the purchase of a tour and will not refund or return any fees charged by such third parties in connection with payments made by clients to Guim XP Tours.
BOOKING AGREEMENT
A booking is confirmed and these Terms and Conditions shall apply when Guim XP Tours has received the applicable deposit from the client and/or the client has received a confirmation voucher from Guim XP Tours of such booking. Booking services with Guim XP Tours is available only to persons aged 18 years and older and that the client has the right, authority and capacity to transact business and agree to abide by this Terms and Conditions. Any client confirming a booking on any tours with more than one client named and booked on such booking represents and warrants to Guim XP Tours that:
i) Client have all requisite consents and authority to make such a booking on behalf of all other clients named on the booking, and have communicated all necessary information to the other clients in order for them to give free and fully informed authorization to do so.
ii) The information the client has provided is complete and accurate, and that he/she has obtained all necessary consents and permissions to share such information with Guim XP Tours for the purposes of completing the booking.
CANCELLATION POLICY
Once booking is confirmed and finalized, the deposit is non-refundable. There is no refund for any unused tours, transport, hotels, or other services. However, in the event of natural calamities and force majeure, or mandated government cancellations, clients may be entitled for a refund, subject to our supplier’s (e.g. hotel, transportation) Terms and Conditions. Additional and incidental expenses incurred due to delay, suspension, accidents and local conditions must be borne by the guest.
MEDICAL CONDITIONS
All clients are obligated to truthfully provide relevant medical information to Guim XP Tours upon booking their tour. Clients are responsible for assessing their own suitability and capability to participate in a tour. Clients should consult their physician regarding their fitness for taking part in the booked tour and seek their advice regarding necessary or advisable medical precautions, or other medical concerns regarding the entirety of the client’s travel with Guim XP Tours. The condition of medical facilities nearest the tour sites varies and Guim XP Tours makes no representations and gives no warranties in relation to the standard of such facilities or medical treatment.
Guim XP Tours makes every reasonable effort to accommodate all clients’ needs; however, Guim XP Tours’ vehicles are not equipped with disability access, wheelchairs and other disability aids. Guim XP Tours assume no responsibility for injury or any inconvenience in this regard. Guim XP Tours cannot guarantee that hotel rooms are friendly for our clients with disabilities when booking tours with hotel accommodation. However, Guim XP Tours will do its very best to try to reserve the appropriate room, if available. Passengers with disabilities and/or any other health issues must advise and inform Guim XP Tours at the time of making the reservation. Guim XP Tours reserve the right to decline a booking should it be determined that it is unable to properly accommodate or meet its obligations towards that client(s) and or for safety considerations.
SPECIAL REQUIREMENTS
Guim XP Tours will strive to accommodate the special requests of clients, including (without limitation) dietary, transport service, and accommodation requests at an additional cost or a discount. Guim XP Tours cannot guarantee that it will be accommodated, but Guim XP Tours will do its best given sufficient time of notice. Unless and until specifically confirmed all special requests are subject to availability.
CUSTOMER GUARANTEE
Guim XP Tours guarantees all tours to start at an indicated time that have been booked by a client(subject to reasonable itinerary changes). This guarantee is not applicable in Force Majeure situations. If a tour is cancelled by Guim XP Tours before the agreed date of departure for reasons not arising from Force Majeure or the fault or negligence of or within the reasonable control of the client, the client shall have a full refund of all monies paid for the cancelled tour.
Guim XP Tours is not responsible for any incidental expenses or consequential losses that the client may have incurred as a result of the cancelled booking such as visas, vaccinations, non-refundable flights or rail, nonrefundable car parking or other fees, loss of earnings, or loss of enjoyment, etc. Guim XP Tours reserves the right to issue a full refund in its sole discretion. When a tour starts and a significant element of the tour as described cannot be provided, Guim XP Tours will make suitable alternative arrangements for the continuation of the tour. If it is not possible to provide a suitable alternative or the client reasonably rejects any suitable alternatives, Guim XP Tours will provide the client a refund of unused tour products or tour product portions, which is subject for costing review.
CANCELLATION OF A TOUR BY THE CLIENT
If the client is prevented through reasons completely beyond such client’s control from proceeding with a tour as booked the client may, if possible, transfer his/her tour booking to a person who satisfies all the conditions applicable to the tour, provided that the client gives notice Guim XP Tours of the client’s intention to transfer no less than 7 days prior to the start of the tour date. Where such a transfer is made, the transferring client and the transferee client shall be jointly and severally liable to Guim XP Tours for the remaining balance if a deposit has been made, or to the full amount if otherwise, and for any additional costs arising from such transfer. In some cases, Guim XP Tours can also reserve the tour for a client should they decide to postpone the tour to a later date but with consideration for any unforeseen extra costs which arise until the client does the tour at a later date.
CANCELLATIONS AND CHANGES
The client acknowledges by booking a tour with Guim XP Tours that the nature of travel requires considerable flexibility and acknowledges that they will permit reasonable alterations to the tour and/or itinerary by Guim XP Tours. The client acknowledges their understanding that the route, schedules, timings, accommodations, itineraries, amenities and mode of transport may be subject to change without prior notice due to circumstances or events, which may include sickness or mechanical breakdown, incidents in the location where the tour will be operated, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather and other unpredictable or unforeseeable circumstances which are beyond the reasonable control of Guim XP Tours. Guim XP Tours is not liable to any client for such changes or amendments.
Guim XP Tours shall not be liable to pay any discounts or refunds for missed or unused services which were missed or unused by the client due to no fault of Guim XP Tours, its suppliers, or representatives, which shall include any termination of the client’s participation in the tour due to the client’s own fault, negligence or breach of these Terms and Conditions.
Although Guim XP Tours will strive to ensure that the tour you have booked goes as planned, we do not guarantee that we will abide by the agreed tour itinerary and we therefore reserve the right to amend the tour itinerary where doing so may be necessary or advantageous. We will strive to notify you of any changes prior to the start of the tour. However, Guim XP Tours is not obligated to do so, nor shall not be liable to pay any refunds that may be claimed to result from such changes. Guim XP Tours is not in control of the management of the accommodation providers we use on our tours. Therefore, in some circumstances we may be notified by our accommodation providers that our reserved accommodation is no longer available, due to reasons that are beyond our control, and not the fault or negligence of Guim XP Tours. In such circumstances we will provide alternative accommodation of at least the same standard or higher standard.
Where it may be absolutely necessary to amend the tour itinerary during the tour, the tour guide will arrange the best available alternative. The decision to do so will rest on the tour guide and his/her decision is final. This is mainly applicable but not limited to island hopping service where the guide believes the weather or tide condition is not good to continue, long walks to sites where the client is not able to do so, or other factors beyond guide’s control.
THIRD PARTY SUPPLIERS
Guim XP Tours makes arrangements with accommodation providers, activity providers, transport services, coach companies, transfer operators, restaurants, tour and local guides, and other independent parties to provide with the travel services and other services purchased or which form the component parts of the tour. Third Party Suppliers may also engage the services of local operators and/or sub-contractors for the provision of travel services that form part of the tour(s). Although Guim XP Tours takes all reasonable care in selecting Third Party Suppliers, Guim XP Tours is unable to control Third Party Suppliers and do not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. The travel services and other services provided are subject to the conditions imposed by these suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and Philippine laws and agreements that govern the provision of their services. These may limit or exclude liability of the supplier. Client acknowledges that Third Party Suppliers operate in compliance with the applicable laws of the Philippines and Guim XP Tours does not warrant that any Third Party Supplier is in compliance with the laws of the client’s country or city of residence, or any other jurisdiction.
To the fullest extent permissible by law, Guim XP Tours is not liable and will not assume responsibility for any claims, losses, damages, costs or expenses arising out of inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from the act or omission of any party other than Guim XP Tours and its employees. For clarity, neither Guim XP Tours nor any carrier is liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors.
When client book accommodations (whether provided or not), its availability or provision is subject to the ‘house rules’ of the hotel or other accommodation providing or undertaking to provide such accommodations. However, the standard hotel check-in is at 2:00PM while check-out is at 12:00PM. Early check-in is subject for availability and hotel surcharge. Damage and Loss of Hotel Key Cards, Bed sheets and Towels, and Consumption of Food and Drinks in the Mini-fridge-Bar and other incidental expenses are not included in the tour/travel package and these are charged to the client.
LIABILITY
Guim XP Tours acts in good faith, acting solely as an intermediary and an agent for vendors and service providers (i.e. Sea Carriage, Hotel Accommodation, Ground Transportation, Tours Sites, Meals, Tours, etc.) and as such, it is not liable for breach of contract or any intentional or careless actions or omissions on part of suppliers, which may result in any loss, damage, delay, injury, death, sickness, or accident sustained by the client and his travel companions in the course of availing the indicated services. Guim XP Tours likewise shall not be responsible for any injuries, damages, losses caused to any traveler in connection with terrorist activities, social or labor unrest, mechanical or construction difficulties, diseases, local laws, climatic conditions, schedule changes caused by weather or road conditions, force majeure such as natural catastrophes, strikes, abnormal conditions or developments, or any other irregularities, actions, omissions or conditions outside the Guim XP Tours’ reasonable control. By embarking upon this travel, client voluntarily assume all risks involved, whether expected or unexpected.
Guim XP Tours shall have no liability for loss, theft of or damage to baggage or personal effects of clients while participating in a tour. Clients should not leave personal belongings unattended in any public areas, on board any mode of transportation, or elsewhere, and are responsible at all times for their own effects and belongings. Guim XP Tours cannot accept responsibility for and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities used by Guim XP Tours such as hotels, homestays, vessels, expedition vehicles, or any other mode of transportation.
Guim XP Tours reserves the right to refuse service to anybody. Every passenger on board the vehicle must respect the tour guide and the time frame in which a tour is scheduled to occur when you stop for photos, breaks, walking or visiting a site of interest. Guim XP Tours is not responsible for any delays caused by the customer or individual who does not comply with the time limit a tour guide recommends for each stop or site. Please note that overtime fees may apply if applicable. Guim XP Tours reserves the right to remove any passenger who causes a disturbance to any individual in the vehicle, including the tour guide/driver, or poses as a threat to an otherwise smooth and safe trip.
Some tours may include physical activities like hiking, walking, swimming, snorkelling, boating, and riding in vehicles, which involves risks. Guim XP Tours does not assume any responsibility for any injuries, accidents or health issues that might be a result from any of these physical activities. All of our customers are responsible for evaluating the potential risks of participating in any of our tours that may involve physical activity. Please immediately inform Guim XP Tours if Client have any health issues prior to making his/her reservation.
Flight cancellations and delays of airlines are beyond Guim XP Tours’ reasonable control, hence, it accepts no responsibility over these events. Additional and incidental expenses incurred due to delay, suspension, accidents and local conditions must be borne by the client.
Unused tour services are non-refundable, both for day tour and multi-day tour clients.
FORCE MAJEURE
Guim XP Tours shall not be liable in any way to the client for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for Guim XP Tours’ failure to commence, perform and/ or complete any duty owed to the client if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of Guim XP Tours; or an event which Guim XP Tours or the supplier of services, even with all due care, could not foresee.
TRAVEL INSURANCE
Guim XP Tours does not provide travel insurance therefore the client must obtain travel insurance from their home country with the minimum recommended medical, evacuation, and repatriation coverage covering all applicable dates of any travel with Guim XP Tours and this insurance must cover personal injury and emergency medical expenses. It is strongly recommended that clients also extend their coverage to include cancellation and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the client. The cost of the tour does not include any insurance coverage for the client, and that the client is required to obtain separate coverage at an additional cost to the tour price. When obtaining travel insurance the client must ensure the insurer is aware of the type of travel to be undertaken so that the insurer may properly cover travel on the applicable tour. Should you fail to secure such travel insurance coverage prior to your travel, then you accept full responsibility for yourself and all of the members of your party, and indemnify Guim XP Tours for any and all costs that may arise.
TOUR GUIDES, DRIVERS, AND/OR COORDINATORS/STAFF/FACILITATORS
Guim XP Tours welcomes gratuities to our Tour Guides, Drivers, and Coordinators/Staff/Facilitators. These gratuities are not included in the tour price. Clients should also take note that Tour Guides, Drivers, and Coordinators/Staff/Facilitators are not their personal domestics. The responsibility of a tour guide is to guide the visitors in the language of their choice, to provide assistance, information and cultural, historical and contemporary heritage interpretation to people on organized tours and individual clients at educational establishments, religious and historical sites, museums, and at venues of other significant interest. As such, clients should not expect that the tour guides would personally assist them to their every need. Carrying of luggage is the responsibility of the clients. During meals, Tour Guides, Drivers, and Coordinators/Staff/Facilitators will not be with the clients to provide privacy and personal enjoyment. It is the responsibility of the supplier (the restaurant in this case) to provide the service needed by the client in their establishment. Furthermore, our Tour Guides, Drivers, and Coordinators/Staff/Facilitators are also human beings who deserve some respect. Thus, we advise our clients to treat them with proper respect and decency. If clients need to reprimand them, please do so in a decent manner or call Guim XP Tours (refer to Complaints section).
COMPLAINTS
Our main goal is to provide our clients with the best quality services. Client agrees to bring any complaints regarding a tour to Guim XP Tours immediately within the inclusive tour dates set in the itinerary in order to provide Guim XP Tours with the opportunity to address such complaint properly. Please inform Guim XP Tours at +63 906 334 3170 or +63 921 741 1506 or the tour guide, driver, coordinator/staff/facilitator at the earliest opportunity. Otherwise, any possible compensation entitlement of any form will not be valid. Guim XP Tours assumes no liability for complaints that are not properly brought to the attention of Guim XP Tours with sufficient notice for Guim XP Tours to resolve or attempt to resolve any client complaints. Any complaint made after the completion of a tour must be received in writing with due acknowledgement or receipt by a Guim XP Tours representative within 7 days of the end of the tour in question.
Guim XP Tours reserves the right to refuse service to any person or business who may refuse to comply with the safety instructions, tour itinerary, or to anyone who may pose a threat to clients, tour guide, driver, or coordinator. Discriminating or insulting tour guide, driver, coordinator, fellow clients, third party businesses, and/or subcontractors is not acceptable under any circumstances and Guim XP Tours reserves the right to terminate and cancel the tour without any refund.
PHOTOGRAPHY AND VIDEO RELEASE
The client agrees that while participating in any activity with Guim XP Tours, photos or videos may be taken by other clients and/or Guim XP Tours representatives or tour guides that may contain or feature the client in part or in whole. The client acknowledges that they consent to such images, photos and videos being taken and grants a perpetual, royalty-free, worldwide, irrevocable license to Guim XP Tours, its affiliates and assigns, to reproduce for any purpose whatsoever (including marketing and promotions), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation to the client or compensation payable to the client.
AMENDMENTS
Guim XP Tours reserves the right to update and/or alter these Terms and Conditions at any time. Terms and Conditions provided to the guests prior to their booking should be considered the latest version.
Before making a reservation with Guim XP Tours, we encourage you to read these Terms and Conditions carefully, as they constitute a contract agreement between Guim XP Tours and the Client from the time the booking is made. If you confirm a booking in behalf of more than one client, you shall be deemed to have accepted these Terms and Conditions on behalf of all clients named in the booking (including minors and those with a disability) and therefore all clients in that group indicate their acceptance and agreement to these Terms and Conditions. The Client who confirmed the booking is considered to be the selected contact person for all other clients named in that booking and is responsible for all payments due. The purchase of any travel services offered by Guim XP Tours constitutes a contractual arrangement between the Client and Guim XP Tours and represents the Client’s acceptance of the Guim XP Tours Terms & Conditions set out herein.
PRICES
Where quoted in Philippine peso, is the final rate for all the inclusions agreed upon. Guim XP Tours exclusively work with our suppliers based on contracted discount volume rates. In order to obtain these special rates for our clients we are contractually required to package them and unable to provide any kind of price break-downs. Guim XP Tours may offer reduced pricing on selected tours at any time. The reduced pricing applies strictly to new bookings. Bookings that have already been confirmed (which for these purposes shall mean bookings in respect of which a deposit has been received by Guim XP Tours) are not entitled to the reduced pricing.
DEPOSITS & FINAL PAYMENT
In booking a tour with Guim XP Tours, a non-refundable deposit is required to secure the tour and begin the necessary booking processes and ground preparations. Deposits vary in amount depending on the services requested. A confirmation voucher will be sent to the client upon the receipt of the deposited amount. Final balance payment of the tour booked is required on the day of the tour. All payments made to Guim XP Tours should be free of bank charges, remittance fees and the like. Guim XP Tours is not responsible for any charges levied or charged by third parties and/or financial institutions and payable by the client as a result of payment transactions in connection with the purchase of a tour and will not refund or return any fees charged by such third parties in connection with payments made by clients to Guim XP Tours.
BOOKING AGREEMENT
A booking is confirmed and these Terms and Conditions shall apply when Guim XP Tours has received the applicable deposit from the client and/or the client has received a confirmation voucher from Guim XP Tours of such booking. Booking services with Guim XP Tours is available only to persons aged 18 years and older and that the client has the right, authority and capacity to transact business and agree to abide by this Terms and Conditions. Any client confirming a booking on any tours with more than one client named and booked on such booking represents and warrants to Guim XP Tours that:
i) Client have all requisite consents and authority to make such a booking on behalf of all other clients named on the booking, and have communicated all necessary information to the other clients in order for them to give free and fully informed authorization to do so.
ii) The information the client has provided is complete and accurate, and that he/she has obtained all necessary consents and permissions to share such information with Guim XP Tours for the purposes of completing the booking.
CANCELLATION POLICY
Once booking is confirmed and finalized, the deposit is non-refundable. There is no refund for any unused tours, transport, hotels, or other services. However, in the event of natural calamities and force majeure, or mandated government cancellations, clients may be entitled for a refund, subject to our supplier’s (e.g. hotel, transportation) Terms and Conditions. Additional and incidental expenses incurred due to delay, suspension, accidents and local conditions must be borne by the guest.
MEDICAL CONDITIONS
All clients are obligated to truthfully provide relevant medical information to Guim XP Tours upon booking their tour. Clients are responsible for assessing their own suitability and capability to participate in a tour. Clients should consult their physician regarding their fitness for taking part in the booked tour and seek their advice regarding necessary or advisable medical precautions, or other medical concerns regarding the entirety of the client’s travel with Guim XP Tours. The condition of medical facilities nearest the tour sites varies and Guim XP Tours makes no representations and gives no warranties in relation to the standard of such facilities or medical treatment.
Guim XP Tours makes every reasonable effort to accommodate all clients’ needs; however, Guim XP Tours’ vehicles are not equipped with disability access, wheelchairs and other disability aids. Guim XP Tours assume no responsibility for injury or any inconvenience in this regard. Guim XP Tours cannot guarantee that hotel rooms are friendly for our clients with disabilities when booking tours with hotel accommodation. However, Guim XP Tours will do its very best to try to reserve the appropriate room, if available. Passengers with disabilities and/or any other health issues must advise and inform Guim XP Tours at the time of making the reservation. Guim XP Tours reserve the right to decline a booking should it be determined that it is unable to properly accommodate or meet its obligations towards that client(s) and or for safety considerations.
SPECIAL REQUIREMENTS
Guim XP Tours will strive to accommodate the special requests of clients, including (without limitation) dietary, transport service, and accommodation requests at an additional cost or a discount. Guim XP Tours cannot guarantee that it will be accommodated, but Guim XP Tours will do its best given sufficient time of notice. Unless and until specifically confirmed all special requests are subject to availability.
CUSTOMER GUARANTEE
Guim XP Tours guarantees all tours to start at an indicated time that have been booked by a client(subject to reasonable itinerary changes). This guarantee is not applicable in Force Majeure situations. If a tour is cancelled by Guim XP Tours before the agreed date of departure for reasons not arising from Force Majeure or the fault or negligence of or within the reasonable control of the client, the client shall have a full refund of all monies paid for the cancelled tour.
Guim XP Tours is not responsible for any incidental expenses or consequential losses that the client may have incurred as a result of the cancelled booking such as visas, vaccinations, non-refundable flights or rail, nonrefundable car parking or other fees, loss of earnings, or loss of enjoyment, etc. Guim XP Tours reserves the right to issue a full refund in its sole discretion. When a tour starts and a significant element of the tour as described cannot be provided, Guim XP Tours will make suitable alternative arrangements for the continuation of the tour. If it is not possible to provide a suitable alternative or the client reasonably rejects any suitable alternatives, Guim XP Tours will provide the client a refund of unused tour products or tour product portions, which is subject for costing review.
CANCELLATION OF A TOUR BY THE CLIENT
If the client is prevented through reasons completely beyond such client’s control from proceeding with a tour as booked the client may, if possible, transfer his/her tour booking to a person who satisfies all the conditions applicable to the tour, provided that the client gives notice Guim XP Tours of the client’s intention to transfer no less than 7 days prior to the start of the tour date. Where such a transfer is made, the transferring client and the transferee client shall be jointly and severally liable to Guim XP Tours for the remaining balance if a deposit has been made, or to the full amount if otherwise, and for any additional costs arising from such transfer. In some cases, Guim XP Tours can also reserve the tour for a client should they decide to postpone the tour to a later date but with consideration for any unforeseen extra costs which arise until the client does the tour at a later date.
CANCELLATIONS AND CHANGES
The client acknowledges by booking a tour with Guim XP Tours that the nature of travel requires considerable flexibility and acknowledges that they will permit reasonable alterations to the tour and/or itinerary by Guim XP Tours. The client acknowledges their understanding that the route, schedules, timings, accommodations, itineraries, amenities and mode of transport may be subject to change without prior notice due to circumstances or events, which may include sickness or mechanical breakdown, incidents in the location where the tour will be operated, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather and other unpredictable or unforeseeable circumstances which are beyond the reasonable control of Guim XP Tours. Guim XP Tours is not liable to any client for such changes or amendments.
Guim XP Tours shall not be liable to pay any discounts or refunds for missed or unused services which were missed or unused by the client due to no fault of Guim XP Tours, its suppliers, or representatives, which shall include any termination of the client’s participation in the tour due to the client’s own fault, negligence or breach of these Terms and Conditions.
Although Guim XP Tours will strive to ensure that the tour you have booked goes as planned, we do not guarantee that we will abide by the agreed tour itinerary and we therefore reserve the right to amend the tour itinerary where doing so may be necessary or advantageous. We will strive to notify you of any changes prior to the start of the tour. However, Guim XP Tours is not obligated to do so, nor shall not be liable to pay any refunds that may be claimed to result from such changes. Guim XP Tours is not in control of the management of the accommodation providers we use on our tours. Therefore, in some circumstances we may be notified by our accommodation providers that our reserved accommodation is no longer available, due to reasons that are beyond our control, and not the fault or negligence of Guim XP Tours. In such circumstances we will provide alternative accommodation of at least the same standard or higher standard.
Where it may be absolutely necessary to amend the tour itinerary during the tour, the tour guide will arrange the best available alternative. The decision to do so will rest on the tour guide and his/her decision is final. This is mainly applicable but not limited to island hopping service where the guide believes the weather or tide condition is not good to continue, long walks to sites where the client is not able to do so, or other factors beyond guide’s control.
THIRD PARTY SUPPLIERS
Guim XP Tours makes arrangements with accommodation providers, activity providers, transport services, coach companies, transfer operators, restaurants, tour and local guides, and other independent parties to provide with the travel services and other services purchased or which form the component parts of the tour. Third Party Suppliers may also engage the services of local operators and/or sub-contractors for the provision of travel services that form part of the tour(s). Although Guim XP Tours takes all reasonable care in selecting Third Party Suppliers, Guim XP Tours is unable to control Third Party Suppliers and do not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. The travel services and other services provided are subject to the conditions imposed by these suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and Philippine laws and agreements that govern the provision of their services. These may limit or exclude liability of the supplier. Client acknowledges that Third Party Suppliers operate in compliance with the applicable laws of the Philippines and Guim XP Tours does not warrant that any Third Party Supplier is in compliance with the laws of the client’s country or city of residence, or any other jurisdiction.
To the fullest extent permissible by law, Guim XP Tours is not liable and will not assume responsibility for any claims, losses, damages, costs or expenses arising out of inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from the act or omission of any party other than Guim XP Tours and its employees. For clarity, neither Guim XP Tours nor any carrier is liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors.
When client book accommodations (whether provided or not), its availability or provision is subject to the ‘house rules’ of the hotel or other accommodation providing or undertaking to provide such accommodations. However, the standard hotel check-in is at 2:00PM while check-out is at 12:00PM. Early check-in is subject for availability and hotel surcharge. Damage and Loss of Hotel Key Cards, Bed sheets and Towels, and Consumption of Food and Drinks in the Mini-fridge-Bar and other incidental expenses are not included in the tour/travel package and these are charged to the client.
LIABILITY
Guim XP Tours acts in good faith, acting solely as an intermediary and an agent for vendors and service providers (i.e. Sea Carriage, Hotel Accommodation, Ground Transportation, Tours Sites, Meals, Tours, etc.) and as such, it is not liable for breach of contract or any intentional or careless actions or omissions on part of suppliers, which may result in any loss, damage, delay, injury, death, sickness, or accident sustained by the client and his travel companions in the course of availing the indicated services. Guim XP Tours likewise shall not be responsible for any injuries, damages, losses caused to any traveler in connection with terrorist activities, social or labor unrest, mechanical or construction difficulties, diseases, local laws, climatic conditions, schedule changes caused by weather or road conditions, force majeure such as natural catastrophes, strikes, abnormal conditions or developments, or any other irregularities, actions, omissions or conditions outside the Guim XP Tours’ reasonable control. By embarking upon this travel, client voluntarily assume all risks involved, whether expected or unexpected.
Guim XP Tours shall have no liability for loss, theft of or damage to baggage or personal effects of clients while participating in a tour. Clients should not leave personal belongings unattended in any public areas, on board any mode of transportation, or elsewhere, and are responsible at all times for their own effects and belongings. Guim XP Tours cannot accept responsibility for and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities used by Guim XP Tours such as hotels, homestays, vessels, expedition vehicles, or any other mode of transportation.
Guim XP Tours reserves the right to refuse service to anybody. Every passenger on board the vehicle must respect the tour guide and the time frame in which a tour is scheduled to occur when you stop for photos, breaks, walking or visiting a site of interest. Guim XP Tours is not responsible for any delays caused by the customer or individual who does not comply with the time limit a tour guide recommends for each stop or site. Please note that overtime fees may apply if applicable. Guim XP Tours reserves the right to remove any passenger who causes a disturbance to any individual in the vehicle, including the tour guide/driver, or poses as a threat to an otherwise smooth and safe trip.
Some tours may include physical activities like hiking, walking, swimming, snorkelling, boating, and riding in vehicles, which involves risks. Guim XP Tours does not assume any responsibility for any injuries, accidents or health issues that might be a result from any of these physical activities. All of our customers are responsible for evaluating the potential risks of participating in any of our tours that may involve physical activity. Please immediately inform Guim XP Tours if Client have any health issues prior to making his/her reservation.
Flight cancellations and delays of airlines are beyond Guim XP Tours’ reasonable control, hence, it accepts no responsibility over these events. Additional and incidental expenses incurred due to delay, suspension, accidents and local conditions must be borne by the client.
Unused tour services are non-refundable, both for day tour and multi-day tour clients.
FORCE MAJEURE
Guim XP Tours shall not be liable in any way to the client for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for Guim XP Tours’ failure to commence, perform and/ or complete any duty owed to the client if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of Guim XP Tours; or an event which Guim XP Tours or the supplier of services, even with all due care, could not foresee.
TRAVEL INSURANCE
Guim XP Tours does not provide travel insurance therefore the client must obtain travel insurance from their home country with the minimum recommended medical, evacuation, and repatriation coverage covering all applicable dates of any travel with Guim XP Tours and this insurance must cover personal injury and emergency medical expenses. It is strongly recommended that clients also extend their coverage to include cancellation and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the client. The cost of the tour does not include any insurance coverage for the client, and that the client is required to obtain separate coverage at an additional cost to the tour price. When obtaining travel insurance the client must ensure the insurer is aware of the type of travel to be undertaken so that the insurer may properly cover travel on the applicable tour. Should you fail to secure such travel insurance coverage prior to your travel, then you accept full responsibility for yourself and all of the members of your party, and indemnify Guim XP Tours for any and all costs that may arise.
TOUR GUIDES, DRIVERS, AND/OR COORDINATORS/STAFF/FACILITATORS
Guim XP Tours welcomes gratuities to our Tour Guides, Drivers, and Coordinators/Staff/Facilitators. These gratuities are not included in the tour price. Clients should also take note that Tour Guides, Drivers, and Coordinators/Staff/Facilitators are not their personal domestics. The responsibility of a tour guide is to guide the visitors in the language of their choice, to provide assistance, information and cultural, historical and contemporary heritage interpretation to people on organized tours and individual clients at educational establishments, religious and historical sites, museums, and at venues of other significant interest. As such, clients should not expect that the tour guides would personally assist them to their every need. Carrying of luggage is the responsibility of the clients. During meals, Tour Guides, Drivers, and Coordinators/Staff/Facilitators will not be with the clients to provide privacy and personal enjoyment. It is the responsibility of the supplier (the restaurant in this case) to provide the service needed by the client in their establishment. Furthermore, our Tour Guides, Drivers, and Coordinators/Staff/Facilitators are also human beings who deserve some respect. Thus, we advise our clients to treat them with proper respect and decency. If clients need to reprimand them, please do so in a decent manner or call Guim XP Tours (refer to Complaints section).
COMPLAINTS
Our main goal is to provide our clients with the best quality services. Client agrees to bring any complaints regarding a tour to Guim XP Tours immediately within the inclusive tour dates set in the itinerary in order to provide Guim XP Tours with the opportunity to address such complaint properly. Please inform Guim XP Tours at +63 906 334 3170 or +63 921 741 1506 or the tour guide, driver, coordinator/staff/facilitator at the earliest opportunity. Otherwise, any possible compensation entitlement of any form will not be valid. Guim XP Tours assumes no liability for complaints that are not properly brought to the attention of Guim XP Tours with sufficient notice for Guim XP Tours to resolve or attempt to resolve any client complaints. Any complaint made after the completion of a tour must be received in writing with due acknowledgement or receipt by a Guim XP Tours representative within 7 days of the end of the tour in question.
Guim XP Tours reserves the right to refuse service to any person or business who may refuse to comply with the safety instructions, tour itinerary, or to anyone who may pose a threat to clients, tour guide, driver, or coordinator. Discriminating or insulting tour guide, driver, coordinator, fellow clients, third party businesses, and/or subcontractors is not acceptable under any circumstances and Guim XP Tours reserves the right to terminate and cancel the tour without any refund.
PHOTOGRAPHY AND VIDEO RELEASE
The client agrees that while participating in any activity with Guim XP Tours, photos or videos may be taken by other clients and/or Guim XP Tours representatives or tour guides that may contain or feature the client in part or in whole. The client acknowledges that they consent to such images, photos and videos being taken and grants a perpetual, royalty-free, worldwide, irrevocable license to Guim XP Tours, its affiliates and assigns, to reproduce for any purpose whatsoever (including marketing and promotions), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation to the client or compensation payable to the client.
AMENDMENTS
Guim XP Tours reserves the right to update and/or alter these Terms and Conditions at any time. Terms and Conditions provided to the guests prior to their booking should be considered the latest version.
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ABOUT USGuimXP is a Guimaras tour provider that aims in delivering quality tours to our clients using a personal approach with our customized packages, providing excellent customer service, leading them to a total Guimaras experience giving exceptional value to their investment.
Our vision is to reach a global appeal for sustainability, where we provide equal opportunities to our people, creating responsible tourists with love for our culture, people, and environment. |
CONTACT USFeel free to contact us through the following:
FB: www.facebook.com/guimarasxp E-mail: [email protected] Mobile: +63 906 334 3170 (Globe) +63 921 741 1506 (Smart) |