Terms & Conditions
PAYMENT, CANCELLATION AND REFUNDS
- PHOTO TOURS LONGER THAN 4 NIGHTS
- To secure your spot or confirm a reservation deposit of 50% of the total tour price is required.
- 50% Payment made through wire transfer by bank 90 days before the start of the Tour.
- The final balance of the Tour fee payment through a wire transfer by bank 60 days before the start of the Tour. Or can pay by cash on arrival.
- If you are unable to join the tour after booking, in this case, we will transfer your booking to the same tour in the following year.
- We would be sorry if you had to cancel, but we understand that sometimes unforeseen situations arise that require the cancellation of a Tour booking. Should you wish to cancel your booking you must advise us in writing. The following cancellation fees apply:
150 – 61 days prior to tour commencement: 50% of the photo tour fee
60 days or less prior to tour commencement: 100% of the photo tour fee
Image Tours reserves the right to cancel a Photo Tour before departure due to unforeseen circumstances, in which case your entire registration fee will be transferred to another Photo Tour or refunded to you at your discretion.
- PHOTO TOURS 1 – 4 NIGHTS
- To secure your spot a deposit of 50% of the tour price is required.
- The final balance of the workshop fee is due no later than 30 days before the start of the Photo Tour.
The following cancellation fees apply:
150-61 days or more prior to tour commencement: photo tour deposit fee
60 days or less prior to tour commencement: 100% of the photo tour fee
Image Tours reserves the right to cancel a Photo Tour before departure due to unforeseen circumstances, in which case your entire registration fee will be transferred to another Photo Tour or refunded to you at your discretion.
We accept wire transfers to our bank account in Bangladesh. Alternatively is possible to use TransferWise or PayPal. Be aware that there is a 4% service charge when using PayPal. Please feel free to contact us if you would like to discuss alternate payment options.
Unless agreed otherwise, our Photo Tours longer than 4 nights require a minimum of 4 participants. In the case of under-subscription, we reserve the right to cancel the photo tour. In such a case, your entire registration fee will be transferred to another Photo Tour or refunded to you at your discretion. Please do not purchase air travel before confirming with us.
SUBJECT TO CHANGE
Itineraries have been carefully designed to assure Clients the best each destination has to offer; however, should events arise that are beyond our control such as weather, airline strikes or delays, natural phenomena, etc., activities and hotel arrangements are subject to change. The itineraries summarize typical areas you will explore. When there is no possible way to visit all of them, your guides will plan each day considering the interests of the group and the weather at hand. Be assured that we will make substitutions that are as similar in quality and interest as possible.
HEALTH AND FITNESS
Anyone who is reasonably fit should be able to take part in most of the activities. If you have any special needs or any physical condition that you feel might prevent you from fully participating, please make us aware when registering for the tour or email us in advance with your questions or concerns.
For Bangladesh travel, Travel insurance is not mandatory. But we suggest you take Travel Insurance by yourself if you want to protect your trip investment, camera equipment and yourself while traveling.
PASSPORT AND VISA
The Client is responsible for possessing a valid travel document (as a rule, it is required that such document is valid for at least six more months after the return from the country where the trip takes place) and is obliged to obtain at his/her own costs all required visa permits at the time of travel, as well as making arrangements for all required vaccinations or any other travel requirements for each of the countries visited during the Photo Tour.
General Terms & Conditions
of the tour operator Image Tours s.r.o for sale of photo tours
₋ These General Terms and Conditions (hereinafter the “T&C”) stipulate the rights and obligations of Tour Operator Image Tours s.r.o, TL. ID. No.: 0156832, with its seat at Suite #23-24, 1st Floor, 14 Purana Paltan, Dhaka 1000, Bangladesh (hereinafter the “Tour Operator”), and the Customer of its photo tour. The photo is provided either as a package tour based on a package tour contract (hereinafter the “PTC”) and/or as a single travel service or a combination of travel services, which does not constitute a package tour, based on a contract for procurement of travel services.
- PACKAGE TOUR
- PACKAGE TOUR CONTRACT
1.1. The Tour Operator will provide the Customer with a package tour on the basis of a valid and effective PTC, with contents usually divided into several documents: (i) the online booking form; (ii) these T&C; (iii) description of the package tour in the Tour Operator’s promotional material including its on-line version; (iv) the payment schedule; and (v) Package Tour Confirmation. All these documents are binding on the Parties. The text of the Package Tour Confirmation has priority over the T&C and also the description of the package tour in the catalog or some other promotional material. The Tour Operator reserves the right to change the detailed specification of the package tour prior to the execution of the PTC.
1.2. The Customer shall present the Package Tour Confirmation as a document required for commencing the package tour.
- CONCLUSION OF CONTRACT
2.1. A package tour is deemed to be sold at the time of the conclusion of the PTC. The PTC is deemed concluded once the Customer confirms the offer of a package tour within his/her communication with the Tour Operator. The following shall be deemed a binding confirmation of a package tour offer:
₋ upon the receipt of Package Tour Confirmation; the Customer receives the Package Tour Confirmation via e-mail after having completely filled the online booking form, communicated the details with the Tour Operator and has paid the advance payment;
2.2. By concluding the PTC, the Customer certifies that:
a) the General Terms and Conditions of the Tour Operator, which form an integral part of the PTC, were provided to the Customer before the conclusion of the PTC; that the Customer and all other travelers have become acquainted with the Terms and Conditions; and that all the customers agree with them;
b) The customer has been provided with a description of the package tour;
c) The customer has been provided with a document on the insurance of the Tour Operator against insolvency;
d) The customer has been provided with the relevant form under Decree No. 122/2018 Coll., on template forms for individual types of package tours and linked travel arrangements;
e) the Customer has been provided with general information on passport and visa requirements for the trip, including approximate periods of time required for the processing of visas (applies to citizens of the EEA), or has been referred to the relevant embassy (citizens of third countries) to obtain this information, and information on health requirements of the country of destination;
f) The customer has been provided with contact details of the Tour Operator’s local representative; unless specified otherwise, the contact is for all package tours: Yousuf Tushar, tel: +8801943555777, +8801720311811, e-mail: firstname.lastname@example.org;
g) The customer is authorized to conclude the PTC, also for the benefit of other travelers and that these other travelers have properly authorized him/her to register them for the package tour. If the Customer concludes the package tour contract on behalf of a person under 18 years of age, the Customer represents that he/she is the minor’s statutory representative, or that he/she has the minor’s consent, and further that he/she agrees with the minor’s participation in all the parts of the package tour.
₋ If the Customer concludes the PTC for or on behalf of third parties, the Customer is responsible, as a co-debtor, for the performance of all the obligations of those parties, including timely payment of the price of the package tour and submission of the necessary information.
₋ Unless stated otherwise in the detailed specification of the package tour or in the Package Tour Confirmation, the Tour Operator’s package tours are not suitable for individuals with locomotor disabilities. Customers with special needs are obliged to inform the Tour Operator in advance and confirm their medical fitness with the Tour Operator.
₋ Unless stated otherwise in the detailed specification of the package tour or in the Package Tour Confirmation, the services of the Tour Operator’s holiday representative are provided in the English language.
₋ Unless stated otherwise in the detailed specification of the package tour or in the Package Tour Confirmation, the Tour Operator’s package tours are intended for groups of no more than 12 participants.
- DETAILED INSTRUCTIONS AND DOCUMENTS FOR TRIP
3.1. The Tour Operator shall deliver detailed instructions for the trip to the Customer in a suitable manner not later than seven days before the commencement of the package tour. This is information important for the trip, including especially information on the planned times of commencement of the package tour upon arrival at the airport or other meeting point, which was not provided to the Customer before the conclusion of the PTC. By the same deadline, the Tour Operator shall provide the Customer with the necessary receipts, vouchers, and transport documents, including especially the accommodation or meal voucher, document necessary for the provision of optional trips, or another document necessary for the package tour to take place. If the PTC is concluded less than seven days before the commencement of the package tour, the Tour Operator shall already perform the said duties within the process of concluding the PTC.
- TOTAL PACKAGE TOUR PRICE AND METHOD OF PAYMENT
4.1. The package tour price is the total price including taxes, fees, and other similar payments, and any other costs. If any additional costs cannot be determined appropriately before the conclusion of the PTC, the Tour Operator shall specify the type of additional costs that may still arise for the Customer.
4.2. The package tour price and the price of further additional services ordered are specified in the description of the package tour. The amounts are specified incl. VAT.
4.3. The package tour price includes services that are explicitly specified in respect of the package tour in the catalog or some other promotional material in the part: “Included”.
4.4. The package tour price excludes services that are explicitly specified in respect of the package tour in the catalog or some other promotional material in the part: “Excluded”.
4.5. The Customer has been informed that as a rule, the package tour does not include the transport to the destination.
4.6. If not stated differently in the payment schedule the Customer agrees to pay the price of the package tour to the Tour Operator as follows:
• advance payment – $1000 USD upon conclusion of the PTC;
• the balance of the package tour price not later than 60 days before the commencement of the package tour.
4.7. If the balance of the price is not paid, the Tour Operator may withdraw from the PTC. In that case, the excluded Customer will be notified in accordingly writing and any advance payment previously made will be refunded to the Customer minus the cancellation fee pursuant to Article 7. Failure to pay the balance will not be deemed to be a notice of withdrawal from the PTC.
4.8. If the PTC is concluded less than 60 days before the departure of the package tour or provision of services, the Customer is obliged to pay the entire package tour price within 5 business days after the conclusion of the PTC.
4.9. The Customer may pay the package tour price directly to the Tour Operator by a bank transfer. The Tour Operator accepts wire transfers to its bank account in Bangladesh. Further, it enables the Customer to pay for the package tour via Paypal The Tour Operator highlights that the Customer may be obliged to pay 4% service charge when using Paypal.
4.10. The Customer’s payment obligation is deemed to be performed on the date when the payment is credited to the Tour Operator’s account, or on the date when the Tour Operator receives the payment, as the case may be.
- AMENDMENT TO CONTRACT
5.1. The Tour Operator reserves the right to make minor changes in its contractual obligations. The Tour Operator is obliged to notify the Customer of any change by means of a clear and comprehensible text. Minor changes do not give rise to the Customer’s right to withdraw from the PTC.
5.2. If external circumstances force the Tour Operator to substantially modify one of the essential elements of the travel services, the Customer may accept the proposal or may withdraw from the PTC within the time limit under the PTC, without having to pay a cancellation fee for early termination of his/her obligation. The time limit for withdrawal may not be less than five days and must end before the commencement of the package tour. Together with the submission of the proposal for a change in the relevant obligation, the Tour Operator shall present to the Customer, without undue delay and in a clear, comprehensible and transparent manner, the following information in text form: a) the impact of the proposed changes on the package tour price; b) the time limit within which the Customer may withdraw from the PTC; c) the consequences for the Customer if he/she does not withdraw from the PTC in due time; and d) information on any possible substitute package tour and its price. If the Customer does not withdraw from the PTC within the set time limit, it is deemed that he/she agrees with the change in the relevant obligation.
5.3. Should the quality or costs of the package tour decrease in a situation under Article 5.2. above as a consequence of a change in the obligation under the PTC, the Customer has the right to a reasonable price reduction.
- WITHDRAWAL FROM CONTRACT
6.1. The Customer may withdraw from the PTC at any time before the commencement of the package tour; the Tour Operator may withdraw from the PTC only if the package tour is canceled or if the Customer breaches his/her obligation.
6.2. The Tour Operator may cancel a package tour:
a) in case of an insufficient number of customers. Unless expressly agreed otherwise, a package tour will be provided only if at least 4 customers are registered for the given rotation;
- b) if it is prevented from performing its obligation by unavoidable and extraordinary circumstances.
3. The Customer is recommended not to purchase his/her air travel before confirming the sufficient number of participants with the Tour Operator.
6.4. The Customer breaches its obligation especially if he/she fails to pay the deposit, balance, or full price of the package tour, fails to appear in time at the place of departure, repeatedly fails to comply with the instructions of the package tour manager, or otherwise seriously interferes with the course of a trip or stay.
6.5. The Customer is obliged to pay a cancellation fee to the Tour Operator in case of withdrawal from the PTC in the amount pursuant to Article 7. below.
6.6. The Customer is not required to pay a cancellation fee if the reason for the withdrawal is one of the following: a) external circumstance force the Tour Operator to substantially change one of the essential elements of the travel services included in the package tour; b) the Tour Operator is unable to meet the Customer’s special requirements, which it has accepted; c) unavoidable and extraordinary circumstances have occurred at the place of destination of the trip or stay or in its immediate vicinity, and these circumstances have a substantial impact on the provision of the package tour or transport of people to the place of destination of the trip or stay; d) the Tour Operator has withdrawn from the PTC after having cancelled the package tour because of an insufficient number of participants; e) the Tour Operator has withdrawn from the PTC after it has been prevented from performing its obligation by unavoidable and extraordinary circumstances and after it has notified the Customer of the cancellation of the package tour without undue delay, still before the commencement of the package tour. In such cases, the Tour Operator is obliged to refund to the Customer any and all payments made by or for the benefit of the Customer, without undue delay but not later than within 14 days of withdrawal from the PTC. In the situations under subparagraphs c), d) and e), the Tour Operator does not become obliged to compensate the Customer for any damage.
6.7. The effects of withdrawal from the PTC arise upon delivery of the notice of withdrawal to the other Party.
- CANCELLATION FEE
7.1. The amount of the cancellation fee shall be based on the price of the package tour according to Article 4.2, not decreased by any price reduction, and further based on the number of days between the withdrawal from the PTC and the commencement of the package tour, all that while taking into consideration the actual costs incurred by the Tour Operator. Commencement of a package tour means the commencement of the provision of travel services included in the package tour.
7.2. The amount of the cancellation fee for each person is as follows:
• more than 90 days before departure – deposit fee
• 89 to 61 days – 50% of the package tour price;
• 60 days and less – 100% of the package tour price.
7.3. If the Customer fails to appear for the commencement of the package tour at the stipulated meeting point or fails to take part in the package tour without having withdrawn from the PTC, the Tour Operator has the right to a cancellation fee in the amount of the full package tour price.
7.4. If the Customer has already made the payment or its part on the basis of the PTC and the Tour Operator has become entitled to a cancellation fee, the mutual receivables will be set off; as applicable, the Tour Operator shall refund to the Customer any payment made to date reduced by the cancellation fee, or the Customer shall pay to the Tour Operator, without delay, the difference between the cancellation fee and the amount paid to date, depending on which of the receivables is higher.
7.5. The Tour Operator will substantiate the amount of the cancellation fee on the Customer’s request.
- RIGHTS FOLLOWING FROM DEFECTIVE PACKAGE TOUR (COMPLAINT RULES) AND ASSISTANCE IN NEED
8.1. The Tour Operator is responsible for the proper provision of the package tour and is obliged to provide the Customer with assistance in need.
8.2. A package tour is deemed to have a defect if any of the travel services included in the package tour is not provided in conformity with the PTC.
8.3. If a package tour has a defect, the Customer is obliged to report it to the PTC without undue delay, ideally on-site. At the same time, the Customer shall set a reasonable deadline for remedying the defect unless the Tour Operator refuses to remedy the defect or unless an immediate remedy is required.
8.4. The Tour Operator shall remedy the defect of the package tour unless this is impossible or unless remedying the defect would entail disproportionate costs, taking into account the extent of the defect and the value of the travel services affected. If the Tour Operator fails to remedy the defect within the set deadline, the customer has the right to remedy the defect him/herself and claim compensation for the necessary costs. In case of a material defect, the customer may withdraw from the PTC without payment of a cancellation fee.
8.5. If material defects of the package tour arise after departure, the Tour Operator shall offer a suitable alternative solution not entailing any additional costs for the Customer, if possible of the same or higher quality than agreed in the PTC, so that the package tour can continue; this also applies in cases where the Customer’s return to the place of departure is ensured in a manner other than agreed. If the proposed alternative solution is of a quality lower than determined by the PTC, the Tour Operator shall provide the customer with a reasonable price reduction. The Customer may refuse the proposed alternative solution only if it is not comparable with what was agreed in the PTC or if the price reduction provided is not reasonable. In this situation, the Tour Operator is obliged, if the package tour includes transport, to provide the Customer with an equivalent transport to the place of departure or to some other place agreed by the Parties, without undue delay and without any additional costs for the Customer.
8.6. Where a package tour has a defect and the Customer has reported the defect without undue delay, the Customer is entitled to a price reduction in the amount appropriate to the extent and duration of the defect. If the Customer requests a price reduction, he/she should submit his/her request to the Tour Operator or the intermediary without undue delay after the end of the package tour. The limitation period for the exercise of the Customer’s right to a price reduction is two years.
- FURTHER OBLIGATIONS OF CUSTOMERS
9.1. The Customer is obliged, inter alia:
• to arrange appropriate insurance for the purposes of covering the costs related to the termination of the obligation under the PTC (cancellation insurance) and/or the costs of assistance including repatriation in case of injury, illness or death (travel insurance). The Tour Operator points out that the insurance should cover also the damages to electronics and camera equipment;
• to carry a valid travel document complying with the requirements for visiting the countries and territories of destination; to specify to the Tour Operator sufficiently in advance the number of the passports that the Customer will use to travel within the package tour; and should he/she fail to do so, to pay any additional costs ensuing from this failure;
• to comply with the laws of the visited countries;
• to be on time at the place of starting the package tour;
• to comply with the instructions of the package tour guide; to comply with the set program and, in the case of an individual program, inform the package tour manager of his/her planned route (the package tour manager has the right to even prohibit such a route if the Customer has insufficient experience or equipment);
• to submit consent of the statutory representative if a person under 18 years of age is to participate in the package tour without company, and provide for an adult person to accompany and supervise any person under 15 years of age during the package tour;
• to behave during the package tour in accordance with the customs prevailing in the visited countries and to act so as not to harm and negatively affect nature and the surrounding environment.
9.2. The Customer with whom the PTC was concluded is obliged to ensure that the aforesaid obligations and conditions are met by all the customers participating in the package tour.
- LIABILITY FOR DAMAGE AND HARM
10.1. Under all circumstances, the Customer is obliged to act so as to prevent any damage or harm incurred by the Customer, other customers, the Tour Operator and its business partners.
10.2. The Tour Operator is not liable for any damage caused by the Customer, a third party that is not associated with the provision of the services or an extraordinary unforeseeable and insurmountable obstacle arising independently of the provider’s will.
10.3. If the Tour Operator incurs damage due to a breach of an obligation by the customer, e.g. costs incurred in connection with assistance provided to a sick or injured Customer, dealing with a loss of his/her travel documents, and arranging extra transport and accommodation in this regard, damage to accommodation premises or means of transport, the Customer is obliged to compensate such damage.
- PERSONAL DATA PROTECTION
12.1. The Customer acknowledges that for the purposes of performance of the PTC and for the purpose of performing its statutory duties, the Tour Operator is authorized to process his/her personal data within the following scope, in particular: name, surname, date of birth, necessary details from the passport within the scope of the PTC, bank details, address of residence or other contact address, e-mail address, telephone number, information on allergies, medicaments and other health problems. All personal data shall be stored only for the period stipulated by law or for the necessary period of time.
12.2. For the purposes of the performance of the PTC, the information specified in Art. 14.1. shall also be provided, to the necessary extent, to the Tour Operator’s suppliers (especially hotels, transport companies, and guides). Identification details of these suppliers are given especially in the PTC and package tour instructions, or the Customer will receive them no later than during the package tour. If the package tour destination is located outside the countries of the European Economic Area, the Customer acknowledges that his/her personal data will be provided to recipients of personal data in this third country (especially hotels and foreign partners) or in another third country. Information on whether there exists a decision of the European Commission on the adequate protection of personal data when transferring personal data to a third country shall be provided by the Tour Operator at the customer’s request.
12.3. The Customer acknowledges that the Tour Operator will process his/her personal data within the scope of the name, surname, address, telephone number and e-mail address for the purpose of sending commercial communications. The Tour Operator may send commercial communications by SMS, MMS, e-mail, regular mail or communicate them by telephone. The Customer may object to sending of commercial communications at any time, either by a letter sent to the Tour Operator’s address or by an e-mail sent to the following e-mail address: email@example.com. In that case, the Tour Operator shall not continue sending commercial communications to the Customer or otherwise process the Customer’s personal data for the purposes of direct marketing.
12.4. The Customer may agree, in particular by checking the relevant boxes in the PTC, as well as by making some other declaration, that the Tour Operator will make photographs and video recordings of him/her during the package tour and use these photographs and video recordings within the Tour Operator’s promotional materials, both in tangible form and on the website.
12.5. The above provisions of Art. 12. shall also apply analogously to persons for whose benefit the Customer concluded the PTC (co-travelers). By concluding the PTC, the Customer represents that he/she is authorized to grant consent on behalf of the co-travelers, whether based on a contract or some other authority.
12.6. The Customer acknowledges that the Customer has the following rights as a data subject, in particular:
a) To revoke the consent to taking photographs and video recordings at any time by means of a letter sent to the Tour Operator, either to the address of the Tour Operator or by an e-mail sent to the following e-mail address: firstname.lastname@example.org.
b) To request from the Tour Operator access to and rectification or erasure of personal data or restriction of processing of his/her personal data, or to object to the processing of personal data;
c) To request that the Tour Operator restrict the processing of his/her personal data if (i) the Customer simultaneously denies the accuracy of his/her personal data, for the period necessary for the controller to verify the accuracy of his/her personal data; (ii) the processing of his/her personal data was unlawful and the Customer does not request the erasure of the personal data but rather requests a restriction of their use; (iii) the Tour Operator no longer needs his/her personal data for the purposes of the processing, but they are required by the Customer for the establishment, exercise or defense of his/her legal claims; or (iv) the Customer has objected to the processing of his/her personal data until it is verified whether the Tour Operator’s legitimate grounds override the legitimate grounds on the part of the Customer. If the processing of the Customer’s personal data has been restricted, the Customer’s data may be processed, except for storage, only with the Customer’s consent.
d) To lodge a complaint with a supervisory authority, i.e. the Office for Personal Data Protection.
e) To obtain from the Tour Operator at any time a confirmation that his/her personal data are being processed, and if this is so, the Tour Operator is obliged to provide him/her with the following information and submit to him/her a copy of the personal data being processed, on request: (i) the purpose of the processing; (ii) the categories of personal data that it processes; (iii) the recipients or categories of recipients to whom his/her personal data have been or will be disclosed; (iv) the planned time for which his/her personal data will be stored, or if it is not possible to determine this time, the criteria used to set this time; (v) the existence of the right to claim from the controller rectification or erasure of the personal data concerning the Customer or restriction of their processing and object to this processing; (vi) the right to lodge a complaint with the supervisory authority.
f) To be provided with his/her personal data that are being processed by the Tour Operator in a structured, commonly used and machine-readable format, and transfer these data to another personal data controller if (i) the processing of the Customer’s personal data is based on consent to personal data processing, or (ii) the processing is taking place by automated means. If possible, the Tour Operator will transfer the Customer’s personal data to another controller.
- PROCUREMENT OF TRAVEL SERVICES
1.1. Based on an agreement on the procurement of travel services, the Tour Operator agrees to procure a travel service for the Customer, typically one one-day trip or photo workshop without accommodation services.
1.2. The Tour Operator agrees to procure the service in the agreed quality and the Customer agrees to pay the price for this to the Tour Operator.
1.3. The Tour Operator is liable for defects of procured travel services and for damage caused by the breach of its obligations according to the provisions of the Civil Code governing a contract of mandate and according to the general provisions on liability resulting from the breach of a contractual obligation. The parties to the agreement are obliged to report any defects and damage caused in relation to the service provided to each other without undue delay.
1.4. The provisions of the Civil Code on the Customer’s rights under a package tour contract shall not apply. Part A of these T&C applies analogously to an agreement on the procurement of travel services only as regards the practical aspects related to the formation of the contract, payment of the price and amount of the cancellation fee.
1.5. For the purposes of procuring a travel service, the Tour Operator is not insured against insolvency and is not obliged to submit to the Customer the form under Decree No. 122/2018 Coll., on template forms for individual types of package tours and linked travel arrangements.
- JOINT AND FINAL PROVISIONS
1.1. The contracts and agreements subject to these T&C are governed by Bangladesh laws.
1.2. Any potential invalidity of the individual provisions of these T&C shall in no way prejudice the validity of the provisions of the contracts and agreements to which these T&C apply.
1.3. If the Customer is a consumer, then in case of any dispute arising in connection with a contract or agreement subject to these T&C, the Customer has the right to the out-of-court resolution of the dispute before the Bangladesh Trade Inspection Authority.
These General Terms and Conditions are effective from January 2019.