Terms and Conditions for Palawan SandCastles Busuanga Accommodation Guests
Payment of Accommodation
Initial deposit: One (1) room night, non-refundable, but allows date rescheduling twice
Balance: Payable three (3) days prior to check-in or in cash upon check-in. No refund. Date rescheduling twice without penalty within 12 months from date of original check-in.
In the case of an event beyond all parties’ control like a pandemic the guest is entitled to:
Delivery of the accommodation within 12 months of the end of the event that prompted the cancellation
SandCastles accommodation is genuinely native, rustic and ecologically attuned: Roofs are cogon grass alone which means at times there may be the occasional water leak, a consequence of authenticity which augurs for a cooler, more comfortable stay than when sheets of plastic prevent natural cooling. Wood paneling and floors, as well as capiz shell window and door panels, are recycled from an earlier “SandCastles” in Boracay. We try as best we can within the constraints of authenticity to deliver comfort and convenience: we’re proud of our thick mattresses, high quality linen and Balinese-style mosquito canopies that wrap the entirety of the beach house queen beds and fall gracefully to the floor. And, we love the geckos that stand vigil in the rooms.
Food at SandCastles pays homage to what can be sourced locally, devoid of artificial additives and imported ingredients: our cooking is new-style “expedition cuisine” – native, natural and freshly prepared. It’s the style of food preparation our beach camps are known for. Having said that, we do mix it up at SandCastles a tad and intersperse vegetarian, vegan and spicy southern Philippine and Southeast Asian fare!
Terms and Conditions for Adventure Package and Tribal Adventures’ Tour Participants
Agreement: The terms and conditions set forth in this agreement constitute the entire understanding and agreement between you the trip or Adventure Package “Participant” and Palawan SandCastles Busuanga (SandCastles) with respect to any and all bookings, tours or transactions made with SandCastles. An accommodation guest also comes within the definition of participant and the terms and conditions of a guest or guests staying at SandCastles applies to the extent that this agreement covers accommodation.
By submitting a booking form and clicking agree, you accept all of the terms in this agreement and direct us to perform services on your behalf. All persons named in this booking (“Participants”) are subject to this agreement. By signing this agreement, you affirm that you have made all other Participants listed in the booking aware of these terms – regardless of how final payment is made – and that all Participants accept these terms.
Reservations: You may reserve space in an accommodation unit, on a tour, or on an Adventure Package through this website, via email or other online or offline means. A booking is not final until you receive a final confirmation from us.
Deposits and Final Payment: A fifty percent (50%) of the per person tour or Adventure Package cost, as the case may be, is required at the time of booking. Final payment of the balance is due three (3) days prior to check-in/tour departure/Adventure Package arrival. If your booking is made within three (3)days of departure, the entire tour cost must be paid when we confirm the trip with you.
A charge of five (5%) applies for PayPal payments. Both parties pay for their respective charges for wire transfers. If you pay your deposit by wire or check, we cannot confirm your reservation until your payment has cleared the bank. Irrespective, a picture must be taken of the deposit transaction and emailed to email@example.com
Cancellations by You and Refunds: To cancel your booking, you must submit your request to us in writing by email at firstname.lastname@example.org. Cancellation fees will be applied per person according to the following schedule, based on the date we receive your written notification:
- Up to ninety (90) days prior to check-in/departure, ten percent (10%)
- Within thirty (30) days prior, fifty percent (50%)
- Within three (3) days prior, one hundred percent (100%) of accommodation/tour/Adventure Package costs
No refunds will be provided for any unused portion of a tour once the tour begins, including if you leave a tour for any reason or have to be removed from a tour. There are no exceptions to this cancellation and refund policy, including for reasons related to weather, terrorism, civil strife, personal, family or medical emergencies or any other circumstances beyond our control. For this reason, we strongly encourage you to purchase trip cancellation and interruption insurance.
Changes by You: While uncertainty of Covid-19 applies participants can make changes to itineraries that are agreeable to the supplier. However, by February 1, 2022 if you change your tour dates or alter your itinerary after we confirm your tour, a change fee will be imposed. The type and scope of change dictates the amount of the change fee. Our outside suppliers, including hotels, often impose additional fees or penalties for changes and cancellations. These are included in the change fee and can be substantial.
Cancellations or Changes by Us and Flexibility: We reserve the right to cancel, alter or modify any tour without prior notice for the safety and/or comfort of clients. You acknowledge that the amenities, accommodations, transportation, route, schedule, and itinerary may change without prior notice due to local circumstances or events, which may include mechanical breakdown, flight cancellations, illness, strikes, political disputes, weather, border crossing problems, and other unforeseeable factors. If, prior to departure, we make a significant change because of a problem with a supplier (e.g., bankruptcy), we will, as soon as reasonably possible, notify you of available alternatives.
Any changes may require a supplemental payment from you or result in a refund less any cancellation fees and nonrefundable deposits. If we cancel, which is rare, a check for a full refund will be issued to you less any airline ticket cancellation fees and nonrefundable deposits advanced to local suppliers. This refund will constitute full settlement of claims you may have arising out of our cancellation. No refunds under this paragraph will be provided due to cancellations or changes due to Force Majeure.
No Refunds for Personal Expenses: You will not be reimbursed for any personal expenses such as airfare, hotel or other travel expenses due to changes in itineraries or tour cancellations.
Force Majeure: SandCastles and Tribal Adventureswill not be deemed in breach of this agreement or otherwise liable to you, by reason of delay in performance or nonperformance of any of its obligations under this agreement to the extent that any such delay or non-performance is due to any Force Majeure. “Force Majeure” means any circumstances beyond the reasonable control of SandCastles and Tribal Adventures, including without limitation acts of God, terrorist activities, insurrection, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, sabotage, civil disturbance, labor strikes, requisition, sickness, quarantine, government intervention, weather conditions, and unforeseen circumstances.
If SandCastles and Tribal Adventures and/or any of its Suppliers are affected by Force Majeure, they shall be entitled to, and may in their sole discretion, vary or cancel any itinerary or arrangement in relation to the tour. Regarding civil unrest, once SandCastles and Tribal Adventures has investigated the prevailing situation, as it deems fit, it shall remain in SandCastles’ and Tribal Adventures’ sole and absolute discretion whether to proceed with the tour.
Travel Insurance: The tour price does not include travel insurance. We strongly recommend that you purchase comprehensive travel insurance, covering trip interruption and cancellation, baggage, medical, accident/life, evacuation, repatriation and other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to you.You agree to assume all costs of medical care and transportation.
Pre-Departure Documentation: It is important that you carefully read all trip-related documents that you receive from us as soon as you receive them. It is your responsibility to contact us if any information is incorrect.
Health Requirements and Medical Care: Our tours are physically active, with varying levels of demands and fitness requirements depending on the specific itinerary. By signing this agreement, you represent that you do not have any physical or other conditions that would create a hazard for you or other Participants or affect other people’s enjoyment of the tour.
If you have a physical condition, dietary restrictions, or other conditions that will require special attention during the tour, you must inform us in writing when the booking is made. We reserve the right in our sole discretion to accept, decline, or remove anyone from a tour (at departure or during the tour) who we judge to be incapable of meeting the tour’s physical demands.
SandCastles and Tribal Adventures assumes no responsibility for any medical care provided to you. You agree to assume all costs of medical care and related transportation that are provided to you during the tour.
Complaint Procedure: If you have a complaint during your tour, you must promptly notify SandCastles or your tour leader of the problem so that they can attempt to remedy the situation. Failure to do so while you are on the tour will extinguish or reduce your ability to claim compensation from SandCastles and Tribal Adventures. Further, if you attempt to address the problem on your own without using this notice procedure, you assume responsibility for any added costs you may incur and forfeit any potential refunds.
If you are not satisfied after using this notice procedure, you must submit your complaint in writing to SandCastles and Tribal Adventures within 14 days of the tour’s end date. SandCastles and Tribal Adventures will not accept any liability for claims received after this period.
Tour Start Date: It is your responsibility to be ready to embark on the tour as specified in the itinerary. SandCastles and Tribal Adventures is not responsible for any losses due to cancelled or missed flights, changed flight itineraries, late arrivals, or early departures.
Compliance with Local Laws and Tour Etiquette: You must strictly comply with all local laws, respect local customs and culture, accurately assess your abilities, respect other trip members’ privacy, and follow the suggestions and advice of any assigned guide. The decision of the local guide or local supplier is final on all matters that may threaten the safety or interfere with the well-being of others. During the tour, SandCastles and Tribal Adventures or the local guide/supplier has the right in its sole discretion to remove anyone a) who it judges to be incapable of meeting the demands and requirements of participating in the tour activities; or b) who it determines to detract from others’ enjoyment of the tour.
Images Release: You agree that SandCastles Busuanga and Tribal Adventures may use, re-use and reproduce any images, photos or videos that you send to us, or that are taken by our guides and/or other travelers of you individually or in a group, in any medium, including but not limited to print, electronic media, or Internet, free of charge and without your right to inspection, for promoting and publicizing our travel products and services worldwide. If you do not want us to use any images of you that are taken by us or other participants during the tour, you must inform us or your tour leader in writing at the start of the tour.
Limitation of Remedies: You agree that the sole remedy for any default by SandCastles and Tribal Adventuresarising under this agreement shall be the return of the paid tour cost. To the maximum extent permitted under applicable law, SandCastles and Tribal Adventures shall not be liable for any special, consequential, indirect, incidental or other damages arising out of or in any way connected to this agreement, including lost profits, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if SandCastles and Tribal Adventures has been advised of the possibility of such damages. You expressly waive any right you may have to recover such damages.
Severability: If any provision of this agreement shall be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render the agreement unenforceable or invalid as a whole. Such unenforceable provision will be replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the original provision.
Successors and Assigns: This agreement shall inure to the benefit of and be binding upon SandCastles and Tribal Adventures and the Participant and their respective heirs, legal personal representatives, successors and assigns.
Updating of Terms and Conditions: SandCastles and Tribal Adventures reserves the right to update and/or alter these terms and conditions at any time. It is your responsibility to be familiar with these terms and conditions. The latest terms and conditions can be found on the Palawan SandCastles Busuanga and Tribal Adventures websites www.palawansandcastles.com and www.tribaladventures.com.
Applicable Law and Choice of Forum: Any dispute arising out of this agreement, including all tort claims – whether such dispute arises in contract or in tort or otherwise – shall be litigated and determined, if at all, only before a court of competent jurisdiction in Makati City, Philippines (and in no other).