These Terms & Conditions are applicable between Discoverer’s Trail located at Discoverer’s House, Hamakabim Street 3, Givat Zeev, 9091002, Israel, hereinafter known as The Company and the designated Trail Partner hereinafter known as The Partner.
The Company offers travel-related services and accommodations, including the following:
1.1 All ground arrangements
1.2 Flight as applicable
1.3 Itinerary and program development
1.4 Media production as applicable
1.5 Tour and Partner promotional services and events as per prior agreement
1.6 Specified supplies e.g. event catering needs, etc.
1.7 Other services as agreed between The Company & The Partner.
2. Company Responsibilities
2.1. The Company shall provide The Partner with a non-exclusive license to offer the Company’s services and accommodations as part of vacation and travel packages.
2.2 The Company agrees to maintain availability for confirmed bookings where deposits have been received, in accordance with minimum participants being met, and as arranged between The Company and The Partner.
2.3 The Company will periodically update The Partner of relevant progress related to the specific tour being promoted between them.
2.4 In the event of the minimum number of tour participants not being reached, The Company, without binding commitment, will endeavor to find a viable alternative tour solution.
2.5 The Company agrees to provide sales and marketing material to The Partner tour for the purpose of promoting the tour, accommodation, and services listed in this agreement.
3. Partner Responsibilities
3.1 The Partner will offer items listed in this agreement to businesses and consumers as part of travel packages.
3.2 The Partner agrees to offer such items at prices approved by the Company.
3.3 The Partner agrees to report all sales to the Company, in the event when payment has been forwarded directly to The Partner, on a weekly basis.
3.4 The Partner shall provide The Company with full contact information for each client purchasing the Company’s services or accommodations.
3.5 In the event whereby The Partner is reasonably unable to fulfil a commitment for an agreed upon tour – such as being unable to accompany the tour group, deliver agreed upon services like acting as a tour leader, educator, etc., The Company reserves the right to make necessary adjustments to ensure both the well being of the tour group and the financial well being of The Company. Such adjustments might include, but are not limited to, finding an acceptable replacement and making appropriate adjustments to any financial implications related to such changes. While such a situation does not prejudice any rights The Partner has to receive benefits under any prior agreement related to that affected tour, such rights will be subject to necessary adjustments as outlined above in this clause.
4. The Partner Benefits
4.1 The Partner shall receive agreed upon benefits, as disclosed in separate communications i.e. emails, letters, etc., with the specific tour or any other service / product being promoted between The Company and The Partner.
5. The Agreement Date
5.1 The agreement date relates to acknowledgement of these Terms and Conditions through applicable correspondence i.e. emails, letter, fax, etc.
5.2 The agreement between both parties shall remain in effect for a period of 1 year from the agreement date.
5.3 Upon the completion of this agreement the parties may agree to extend for 1 year from the completion date.
5.4 In the instance either party shall decline to extend this agreement, the agreement shall conclude on the date of declining.
6.1 The Company shall remain the rightful owner of any and all of its proprietary content.
6.2 The Partner will have no rights to sell any material provided by The Company.
6.3 The Partner will not copy or duplicate any material provided by The Company unless previous approval has been granted.
6.4 All tour bookings will be made exclusively through The Company or its designated tour operators and suppliers.
6.5 Any changes to the booking arrangements only to be made through The Company. Note: This excludes arrangements that do not affect the Company’s booking arrangements e.g. flight preferences such as specific seating, meals, etc.
6.6. The Company and Partner will share with each other, as practical, at the earliest possible moment, any client changes, likely to affect key booking arrangements. This could include client needing to suddenly leave the tour group, unwilling to participate in an activity, etc.
7.1 The Partner hereby acknowledges they may become aware of information the Company may deem as confidential including but not limited to sale dates, special rate changes availability, etc.
7.2 Any information listed as confidential by the Company shall remain private and will not be made publicly available by The Partner.
8.1 The Parties agree to refrain from transferring or selling any portion of this agreement without prior written agreement from the party requesting such actions.
8.2 Any third parties involved in this agreement must be assigned and maintained by The Company.
9.1 Any notifications from The Partner to The Company in regards to this agreement shall be delivered via email, certified letter, fax, or in person to The Company address as displayed at the top of this agreement.
9.1 Any notifications from The Company to the Partner in regards to this agreement shall be delivered via email, certified letter, fax, or in person to the address supplied by The Partner to The Company.
10.1 Either party may terminate this agreement in its entirety with prior written notice within 30 days of the requested termination date.
10.2 The Company and The Partner agree that termination of this agreement does not alter the status or continuity of any tour group being undertaken by The Company.
10.3 Upon termination, The Partner agrees to return any and all property provided by The Company in the condition it was received in, while allowing for reasonable wear and tear.
10.4 If any terms or conditions contained within this agreement
are breached, the responding party shall have the opportunity to terminate this agreement.
10.5 In the event that a tour organised between The Company and The Partner extends beyond the Termination period, all rights attributed to that tour would be honoured, not withstanding serious breach of this agreement such as criminal or highly dishonourable acts, etc.
11.1 This agreement commences upon The Company and The Partner’s mutual acceptance via applicable correspondence.
11.2 The parties hereby acknowledge the receipt and understanding of all the terms and conditions as outlined in this agreement.
12.1 All tour itineraries are subject to change under reasonable circumstances at The Company’s discretion.
12.2 These Terms and Conditions are subject to being reasonably updated without undermining the clauses that affect the well being of either party.
12.3 Both parties acknowledge that the welfare of clients undertaking our tours takes priority. Accordingly, any disputes, dissatisfaction, etc., will whenever possible be discussed in private as not to cause client discomfort.
12.4 Both Parties agree to avoid disputes wherever possible and seek to find common ground before determining a course of action leading to termination of this agreement.