Terms and Conditions
The following are the general terms and conditions governing our photo tours and workshops.
Photo Tours and Expeditions is a registered fictitious name of DAK Photography, Inc., a Florida Corporation.
By traveling with us, you acknowledge and agree to the following Terms and Conditions:
1. Booking Procedure
- All prices for the tours are quoted in US Dollars.
- We require a deposit to reserve a place on the selected photo tour. The deposit is due at the time of booking and can be paid online via credit card; ACH and Debit Cards are also accepted.
- Other than the deposit, you must complete the registration form for you and your guests, if any.
- If you are traveling solo and want to share a room, we will try our best to find you a match. However, if, for any reason, we don't find a suitable match, the single supplement fee will apply.
- We will email you shortly after confirming your booking. Please do not book your flights at this time unless otherwise indicated by us. We will email you once the minimum number of guests to run the tour has been reached. You can then start looking for flights.
2. Balance of Payments
The final payment for the trip is 90 days before departure. Such payment shall be made via credit card or wire transfer. Failure to meet the payment schedule will result in cancellation and forfeit of the deposit.
3. Cancellations and Refunds
If DAK Photography Inc. must cancel the trip for any reason, 100% of paid deposits will be fully refunded. We reserve the right to cancel any trip/tour/group due to insufficient registration at any time. In the event of such cancellation, those with reservations shall be notified as soon as possible, and a full refund of the trip payment will be given.
Please note that deposits are non-refundable. However, they may be applied as a credit toward a future trip with us, provided the credit is used within 12 months of the original trip's start date.
If a guest needs to cancel, we must receive written notification, email is accepted.
The following cancellation fees apply:
- 120 days or more before departure: no charge.
- 61 days to 119 days before departure: 50% of the tour fee.
- 60 days or less before departure: 100% of the tour fee.
In the event that you have to cancel, we will do our best to fill your spot. If we do so, we will refund 100% of the tour fee minus an administrative fee of $250.
Refunds will not be made for any other costs you may have incurred as a result of your booking.
Travel and medical insurance, including emergency evacuation coverage, are mandatory for all participants. To safeguard your investment, we strongly recommend purchasing this coverage as soon as your trip is confirmed. We also encourage you to select an insurance policy that covers non-refundable deposits and other pre-trip expenses in case of unforeseen cancellations.
All refunds will be processed within 30 days of receiving written confirmation of your cancellation.
4. Force Majeure
DAK Photography Inc. is not liable for any failure or delay in the performance of its obligations where such failure or delay results from any cause beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders, or any other force majeure event.
5. Physical Requirements
Photo tours can be challenging and are clearly marked on the DAK Photography Inc. marketing material with levels of activity ranging from Relaxed to Strenuous. Guests hereby expressly agree and promise to accept and assume all the risks associated with the chosen tour.
Due to the nature and certain physical requirements related to photo tours, DAK Photography Inc. reserves the right to require individuals with current or past serious medical conditions to provide a medical clearance form from their primary care physician.
Furthermore, we reserve the right to deny services to persons who may pose a risk to themselves or others on the trip or who, because of their condition(s), may require special assistance/attention that would alter the essential nature of the trip for all guests.
Additionally, during the trip, the Tour Leader reserves the right to require a person to return to the base hotel or to abandon the trip altogether if, in their judgment, for any reason, a person is unfit to continue participating in an ongoing activity or the guest causes disturbance, annoyance, or continued inconvenience to the trip or other persons/clients/guests. If, for any reason, anyone leaves the trip before its completion, there will be no reimbursement of fees.
6. Consent to Leadership
DAK Photography Inc. shall have complete discretion to decide when, where, how, to what extent, and under what circumstances an itinerary shall be modified for the safeguard and benefit of the guests.
Our itineraries are intended as examples only. Participants should allow flexibility due to changes in weather, natural history or cultural events, or other logistical arrangements deemed necessary by the tour leader(s). The Tour Leader will try to adhere to the proposed itinerary; however, such conditions can cause a deviation from the original plan. By participating in the tour, you agree to obey the tour leader's decision in these regards.
Additionally, in the event that the leader(s) cannot continue with an adventure due to illness, emergency, etc., the best alternatives for the group will be made, including leader substitution if possible.
7. Logistics
We select among the best available accommodations but refrain from extravagance. Whenever possible, our trip participants are lodged in comfortable, modern hotels. Some photographic destinations are far removed from modern amenities; however, we will be accommodated in rustic country inns, cabins, or tented camps where necessary. A list of preliminary accommodations and hotels is listed for each trip; the final list of chosen accommodations will be communicated 30 days before departure.
Meals are always a special part of our trips for the camaraderie they engender and the opportunity they provide to try new foods from different areas. Offered meals are marked as (B) Breakfast, (L) Lunch, (LB) Lunch Box, and (D) Dinner in our marketing material. Soft drinks are included with meals included in tours. Guests are responsible for their bar tab for alcoholic beverages at restaurant lunches and dinners.
The second tour leader (and any subsequent additional leaders) listed for each trip on the website will be added as the group size warrants.
8. Travel Insurance
Our tours require that participants purchase comprehensive medical with evacuation trip insurance to cover them while traveling with us. We partner with and recommend Arch RoamRight for all your travel insurance needs. Visit RoamRight for quotes and coverage options.
9. Behavioral Expectations
Guests are expected to behave respectfully towards local cultures, laws, and fellow travelers. Any behavior deemed inappropriate, disruptive, or endangering others will result in immediate removal from the tour without a refund.
10. Privacy Policy
Personal information collected during the booking process is handled by applicable data protection laws. We do not share your information with third parties except as necessary for the operation of the tour.
11. Liability Waiver
By participating in our tours, guests acknowledge and assume all risks associated with travel and photography tours. DAK Photography Inc., its subcontractors, and tour leaders are not liable for any injuries, losses, or damages incurred during the tour.
12. Client Responsibilities
It is the client's responsibility to obtain necessary travel documents (passports, visas), ensure they are in good health, and comply with local laws and customs.
13. Changes and Modifications
Requests for changes or modifications to bookings must be made in writing. Fees may apply. DAK Photography Inc. reserves the right to make necessary changes to itineraries or bookings.
14. Special Requests
We will try to accommodate special requests (dietary requirements, room preferences) but cannot guarantee they will be met.
15. Tour Capacity and Overbooking
Our tours are designed for a certain number of participants, typically limited to 10. However, based on tour reservations, we may add up to two extra guests to account for potential cancellations or to accommodate couples or friends traveling together when only one spot remains. Additionally, a tour leader may travel with a family member. These adjustments help ensure the tour can proceed as planned without being affected by last-minute cancellations.
16. Media Release and Photography Rights
By participating in our tours, guests grant DAK Photography Inc., its affiliates, and representatives the irrevocable right to photograph, video, or otherwise record them during the tour. Guests further grant permission for DAK Photography Inc. to use, reproduce, publish, and distribute such photographs, videos, or recordings in any media format (including but not limited to websites, social media, marketing materials, and promotional content) without compensation, approval rights, or notification.
Guests also grant DAK Photography Inc. a non-exclusive, royalty-free license to use any photographs or videos taken by guests during the tour that feature DAK Photography Inc. staff, guides, or tour activities for promotional purposes, provided proper photo credit is given to the guest photographer when feasible.
Guests who wish to opt out of appearing in promotional materials must notify DAK Photography Inc. in writing at the time of booking. Such opt-out does not apply to incidental inclusion in group photos or videos where the guest is not the primary subject.
17. Social Media and Public Communication
While we encourage guests to share their experiences on social media, participants agree to:
- Respect the privacy of fellow travelers and obtain consent before posting identifiable photos or videos of other guests
- Refrain from posting content that could harm the reputation of DAK Photography Inc., our local partners, or destinations
- Not share confidential business information, unpublished locations, or sensitive details about accommodations or logistics that could compromise future tours
DAK Photography Inc. reserves the right to request removal of content that violates these guidelines or causes harm to our business relationships.
18. Health, Safety, and Infectious Disease
Participants acknowledge and assume all risks associated with infectious diseases, including but not limited to COVID-19, influenza, and other communicable illnesses that may be encountered during travel.
Participants agree to:
- Disclose any symptoms of illness prior to or during the tour
- Follow all health and safety protocols established by DAK Photography Inc., local authorities, and accommodations
- Accept responsibility for any quarantine, isolation, or medical costs resulting from illness during the tour
DAK Photography Inc. reserves the right to deny boarding or remove from the tour any participant showing symptoms of contagious illness. No refunds will be provided for removal due to health concerns, though participants may file claims with their travel insurance provider.
If local or international health authorities issue travel restrictions, quarantine requirements, or other mandates that impact the tour, DAK Photography Inc. reserves the right to modify or cancel the tour in accordance with Section 3 (Cancellations and Refunds).
19. Electronic Communications and Consent
By booking a tour, participants consent to receive all communications from DAK Photography Inc. via email, including but not limited to booking confirmations, payment reminders, itinerary updates, pre-trip information, and post-trip follow-ups.
Participants are responsible for:
- Providing a valid, regularly monitored email address
- Checking spam/junk folders for communications from DAK Photography Inc.
- Notifying us immediately of any email address changes
- Reading all communications in a timely manner, as important trip information and deadlines will be communicated via email
DAK Photography Inc. is not responsible for missed communications due to incorrect email addresses, full inboxes, spam filters, or participant failure to read emails. Participants acknowledge that failure to receive or read emails does not constitute grounds for refund or exception to payment deadlines and cancellation policies.
20. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.
Any legal action or proceeding arising out of or relating to this Agreement or the services provided shall be brought exclusively in the state or federal courts located in Sarasota County, Florida. Participants hereby consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.
21. Dispute Resolution and Arbitration
In the event of any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, the parties agree to first attempt to resolve the dispute through good faith negotiation.
If the dispute cannot be resolved through negotiation within thirty (30) days, the parties agree that such dispute shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Venice, Florida.
The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each party shall bear its own costs and attorneys' fees, unless the arbitrator determines otherwise based on applicable law.
Exception: Either party may seek injunctive relief or other equitable remedies in court to prevent irreparable harm, without waiving the right to arbitration of remaining disputes.
Participants may opt out of this arbitration provision by providing written notice to DAK Photography Inc. within thirty (30) days of booking. Opt-out notices must be sent via email to info@phototoursandexpeditions.com with the subject line "Arbitration Opt-Out."