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TERMS

1. Parties

1.1. All contractual agreements for shall be entered into with TAO LOST BOYS, INC., a juridical entity created under the laws and regulations of the Republic of the Philippines, with office and mailing address at Tao House, Barangay Corong-corong, El Nido, Palawan, Philippines, 5313, hereinafter referred to as the “TAO”.

1.2. Any person signing a contractual agreement to avail of the expedition services of TAO shall be hereinafter referred to as the “CLIENT”.

1.3. The Client warrants that it has full authority to sign on behalf of other members of his/her group availing of TAO’s expedition services.

2. Services and Responsibility

2.1. TAO will provide a three-day expedition, five-day expedition, a combination of three-day expedition and two-night island stay, or other services as outlined and published in its catalog and on its website collectively as “Expedition”.

2.2. TAO will provide highly qualified professional tour operators and expedition leaders to organize the Expeditions. TAO may contract the services of third-party transportation carriers, accommodations, ground operators, and other service providers connected with specific expeditions. The said third party providers are solely responsible and liable for providing their respective services.

2.3. Services included in each Expedition may vary for every location, which include but are not limited to the following: Accommodations, meals, educational materials, pre-departure information, entrance fees, Environmental Fees, kayak rent, rent of materials, all gratuities except for those for the crew, ground transportation during the Expedition, transportation during the Expedition, services of local guides, lecturers, Expedition leaders, and any other charges, taxes, port charges, baggage handling and service charge. Clients will be fully informed of the said inclusions through TAO’s websites and brochures.

2.4. TAO reserves the right, without penalty, to intentionally withhold from the Client the details of the itinerary of the expedition as part of the experience that TAO is selling. The Client by virtue of registration waives the right to be informed on the details of the itinerary in favor of TAO as manifestation to subscribe to the experience that TAO and the tour operator is selling. Clients will be partially informed of the itinerary as published in the website. TAO reserve the right, without penalty, to make changes whenever, in their judgment, conditions warrant of they deem it necessary for the comfort, convenience, or safety of the Clients.

2.5. TAO shall advise its Clients to allow at least two days buffer period both from the booked start date of the expedition and the booked end date of the expedition due to the occurrence of unpredictable weather patterns in the Philippines. Neither TAO, nor the tour operator, will be liable for any carrier’s cancellation penalty incurred by the purchase of a nonrefundable ticket to or from the Client’s expedition departure or arrival point. It is also the responsibility of the Client to secure valid visa or entry documents and by virtue of registration warrants TAO that he/she would be eligible to enter the territory of the Philippines. TAO will not be held liable for any delay or concerns arising from immigration or the transit of the Client from their home country to the Philippines.

2.6. Baggage and personal effects are at all times the sole responsibility of the Client. TAO, during the trip, will be providing a locker where the baggage and other personal belongings of the Client would be stored. TAO will not open the locker during the trip. TAO or the tour operator warrants the safety of the property placed inside the locker from any loss or damage unless the loss or damage is a result of wreckage, shipwreck, or any causes that is beyond the control of TAO or the tour operator. If at any point of the trip the locker was opened due to the persistent demand of the Client, the limited warranty from loss or damage is hereby void in favor of TAO or the tour operator.

3. Basis of Rates

3.1. During an open expedition, defined as any expedition published in the catalog or website not contracted as a private expedition where the number of guests varies per trip depending on the boat offered by the company. The client has no control over the enrollment of any other Client in the trip, the basis of rates shall be based on the lodging and consumption of one person over the span of the expedition.

3.2. During a private expedition, defined as the expedition wherein a set of Clients rented out a boat for a private expedition and wherein the Client has control over the Clients that would be joining the expedition, the minimum price for renting the private expedition shall be based on the minimum rate of 10 pax. Any additional person to the minimum number of 10 shall incur an additional charge.

3.3. All prices shall be quoted in U.S. Dollars or Philippine Peso depending on the preference of the Client. The rates shall be based on tariffs, currency values, and third-party charges as of publication date and are subject to change due to unforeseen circumstances. While TAO will do everything possible to maintain the listed prices, if it is necessary to levy a surcharge, TAO reserves the right to do so, and notification will be given at the time of final invoicing.

4. Eligibility

4.1. Potential Clients under the age of 18 must be accompanied by a parent or qualified legal guardian for the entire Expedition. All legal guardians must accomplish necessary documents to justify the legality of their guardianship and he/she warrants by virtue of signing the consent form that he/she is in fact the legal guardian of the minor that he/she is bearing and further testify that he/she have obtained the consent of the biological parents or holder of the custody of the minor.

5. Accommodation

5.1. TAO reserves the right to arrange for the Client the accommodation arrangement which may or may not be in one of the patented huts as published in the website or the catalog. Due to the nature of the expedition and the experience that TAO Philippines is selling the Client understand that TAO reserves the right to withhold this information in order to preserve this experience. TAO also reserves the right to change without notice the accommodation arrangement without compromising the experience that TAO is selling to the Client.

6. Payments

6.1. A slot can only be booked if the Client was able to pay in full. Upon submission of the application, the clients will receive a notification through e-mail confirming his/her application and his/her slot will be held in trust for two (2) days. The Client would then be required to pay in full within the two (2) days period. If the Client would fail to pay within the two (2) days period, the slot would be deferred in favor of TAO.

6.2. TAO reserves the right to accept bookings that are paid at least 50% with the assurance that the remaining balance would be paid thirty (30) days before the target date of departure. However, if TAO would not receive a full payment at most thirty (30) days from the target date of departure, TAO would be allowed to cancel the reservation of the booking.

7. Assumption of Risk and Waiver

7.1. Clients availing of TAO’s Expeditions, by signing all contractual agreements related such Expedition, are fully aware of their exposure to the potential risks and hazards that are part of the Expedition which may include but not limited to physical discomfort, inconvenience, severe weather conditions, serious physical injury, temporary or permanent physical disability, loss or damage to personal property, and death. The Client also understands that, while TAO and its personnel will exert utmost effort to minimize the risks and hazards, access to emergency medical evacuation, and medical supplies may not always be available while the Client is in remote areas during Expedition.

7.2. TAO, including its parent, subsidiaries, and their respective employees, affiliates, officers, directors, successors, representatives, assigns and the tour operator or the expedition leader will not be held liable for any physical discomfort, inconvenience, serious physical injury, temporary or permanent physical disability, loss or damage to personal property, and death occasioned directly or indirectly by an act or omission of any of its service providers, including but not limited to any defect in any water craft and other vehicles and any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government and subdivision agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control.

7.3. The Client assumes the risks and waives any right to claim against TAO and/or the tour operator or the expedition leader for any such loss, damage, injury, or death.

7.4. By registering for an Expedition, the Client certifies that he/she does not have any mental, physical, or other condition or disability that would create a hazard for himself or herself or other Client. TAO and the tour operator reserve the right in their sole discretion to accept, decline to accept, or remove any Client on an Expedition.

8. Cancellations and Refunds

8.1 CANCELLATION AND REFUND POLICY

The ONLY time we cancel our expeditions is when a severe weather warning has been announced and when the Coast Guard did not grant us clearance to travel. When our expeditions get cancelled, we automatically reschedule within the next two days. If you cancel within this period, no refund shall be made. Please make sure that when this occurs, your travel insurance will shoulder it.

We will only issue a full refund if we, Tao Philippines, cancel the full trip. If you wish to cancel your trip, then you will be charged a cancellation fee of 60USD per person. 50% of your full payment will be forfeited if notice to cancel, is less than 30 days before your scheduled trip.

We will not refund any amount if you cancel 14 days prior to your expedition date. This also applies to cancellation or reducing the number of traveler or trip. No refunds will be made if you do not show up for your scheduled departure. You may wish to avail yourself of our Booking Protection for 90USD which includes re-booking your trip.

REBOOKING POLICY

Rebooking or Changes can be made up to 14 Days before your scheduled departure, but this is subject to availability and rebooking fee of $60 USD per person will apply.

Your reservation is transferable to another traveler but a $60 USD per person will be charged.

Should you decide to rebook from a longer Tao trip experience to a shorter one, no refund will be made and a rebooking fee will apply.

BOOKING PROTECTION

When you add on our Booking Protection option, you can benefit from the following:

• Rebooking or traveler name changes up to 3 days before your trip.

• Rebooking if you fall ill on the day of departure.

• Claim of a 50% refund if you cancel 3 days prior to your trip.

Please note: Booking Protection is non-refundable and must be paid at the time of booking. Rebooking is subject to availability and price difference. If you choose not to add on Booking Protection, our standard cancellation policy will apply.

8.2 TAO reserves the right to cancel any Expedition because of insufficient processing of documents, inclement weather, non-compliance of clients and failure to operate an inspection prior to Expedition. TAO operates under good faith in order to promote the safety, health, or welfare of the Clients. If an Expedition is canceled prior to departure, the tour operator will provide the Clients with an option to reschedule the Expedition.

8.3 In cases wherein due to the inclement weather or due to the no-sail warning issued by the Philippine Coast Guard wherein the Expedition is barred to either start or to continue, TAO reserves the right to either offset the expedition to another date or to offer an additional stay to one of the basecamps of TAO. Except as outlined above, TAO and the tour operator have no responsibility for any expenses, including any non-refundable expenses, incurred by the Clients in preparing for a cancelled Expedition or for any additional arrangements should the Clients embark prior to the scheduled group departure date.

8.4 Any revisions made within the Cancellation Penalty Period, such as a change in departure date or choice of Expedition, are subject to this cancellation policy. Any airline tickets issued are subject to the carrier’s refund policy. Arriving late or leaving an Expedition in progress, for any reason whatsoever, will not result in a refund, and no refunds will be made for any unused portions of an Expedition.

9. Documentation

9.1. Clients shall be responsible for obtaining any documents required for their participation in the Expedition such as a valid passport, all visas, vaccination certificates, and any other documents. Failure to obtain documents does not negate the terms and conditions, and any extra costs incurred for rerouting due to travel without the necessary documents will be the Client’s responsibility.

10. Health Requirements

10.1. Clients must be in good physical and mental health. Any physical condition, diet, or treatment
requiring special attention must be reported in writing when the reservation is made. TAO encourages Clients to consult a doctor for specific medical advice about any activities or destinations. Certain Expeditions may require that the Client obtain medical consent prior to departure as a condition of participation.

11. Medical Authorization and Coverage

11.1. In the event the Client becomes sufficiently incapacitated as to be unable to direct his or her own care, there is no one on the Expedition who can direct Client’s care, and TAO is unable or does not have time to contact Client’s emergency contact, the Client, by registering and paying a deposit for an Expedition, authorizes any medical treatment deemed necessary in the event of any injury or illness while participating in the activity including, but not limited to, X-ray, examination, anesthetic, medical or surgical diagnosis, or treatment and hospital care which is deemed advisable by, and is to be rendered under the general or specific supervision of, any physician and/or surgeon licensed in the Philippines, or by a duly licensed physician deemed competent to render the necessary care. In addition, the Client certifies that they have medical insurance which will cover personal accidents, medical expenses, medical evacuation, air ambulance, loss of effects, repatriation costs and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Client, or that in the absence of this medical insurance coverage, the Client agrees to pay all costs of rescue and/or medical services as may be incurred on the Client’s behalf.

12. Photography

12.1. TAO and the tour operator and the Expedition leader reserve the right to take photographs or videos during the operation of any Expedition or part thereof and to use the resulting photography, videos, or recordings for promotional or commercial use. By making a reservation on an Expedition, the Client agrees to allow his/her likeness to be used by TAO and authorized third parties, and the tour operator without compensation to the Client. If the Client prefers that his/her likeness not be used, he/she must notify TAO and/or the tour operator in writing prior to departure of the Expedition.

12.2. Copyright in all photographs, video, and related materials created by the Client (“Expedition Materials”) will belong to the Client upon creation. However, the Client shall grant TAO a non-exclusive, worldwide, irrevocable license to use any Expedition Materials provided to TAO and/or the tour operator in any media for the following limited purposes: editorial use, promotion of this editorial use, promotion of TAO’s travel programs, or promotion of the mission of TAO.

13. Severability

13.1. In the event that any provisions found on this Terms and Conditions is rendered void, unconstitutional, invalid, or unenforceable by operation of applicable laws or regulations, the remaining valid provisions shall not be affected and remain effective.

14. Force Majeure

14.1. Tao shall not be held liable to its clients / guests for any loss or damage, of whatever kind or nature, which may be suffered by the clients / guests including but not limited to delay/ cancellation of flights, missed flights, unused room reservations, other itinerary and prohibition of boat navigation as mandated by the government authorities due to weather disturbance as a direct or indirect result of the failure on the part of the company to fulfill and/or comply with its obligations under its Booking Policy with the said clients / guests if said fulfillment and/or compliance were prevented, hindered, delayed or rendered impossible by reason of circumstances or events beyond the reasonable control of the company., including but not limited to acts of God, acts of any governmental authority, war, rebellion, epidemic, riots, strikes and/or other labor disputes or disturbance, accident, fire, flood, storm, or other related circumstances or events affecting the capability of the company to fulfill and/or comply with its aforesaid obligations.

15. Governing Laws and Venue

15.1. The Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of the Philippines. Any and all disputes arising out of, in connection with or in relation to these Terms and Conditions shall first be settled by the parties through negotiation in mutual good faith.

15.2. In case of any breach of the Terms and Conditions and failure to settle disputes amicably, either party may bring a claim against the other before the proper Court of Makati City to the exclusion of all other courts.

WAIVER

In consideration of TAO Lostboys Inc. furnishing boat expedition and/or remote island stay to enable me to participate in an expedition trip from El Nido to Coron/ Coron to El Nido, I agree as follows:

I fully understand and acknowledge that together with the adventure and remote Island expedition experience that TAO Lostboys Inc. is offering there are concomitant risks and dangers that exists during an expedition such as allergies, dehydration, inclement weather, rough seas that might result to sea sickness, and other allied risks. Despite the above enumerated circumstances, TAO Lostboys Inc. trained its staff to respond and mitigate the risks by laying out risk mitigating procedures to ensure that the health and safety of their guests are taken care of.
I fully understand that my participation in the activities lead and facilitated by TAO Lostboys Inc. or any of its affiliates and subsidiaries may result in injuries due to circumstances beyond the control of the TAO Lostboys Inc. and its affiliates considering the nature of the trip.
I fully understand that at times of inclement weather the Philippine Coast Guard or any other competent government agencies may issue gale and no sail warning. I fully understand that this is beyond the control of TAO Lostboys and that I subscribe to the policy and guidelines of TAO Lostboys Inc. regarding cancellation of trips knowing that such cancellation will be done to my best interest and safety.
I fully understand that these risks and dangers may arise from foreseeable or unforeseeable causes and by my participation in the expedition and/or use of their facilities I hereby assume all risks and dangers and all responsibility for any losses and/or damages arising from circumstances beyond the control of the Company and other unforeseen sources.

With and in consideration of the foregoing risks and danger, I, on behalf of myself, my personal representatives and my heirs, hereby voluntarily agree to release, waive, discharge, hold harmless TAO Lostboys Inc. and its owners, agents, officers, employees, its affiliates and subsidiaries, from any and all claims, actions or losses, for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my participation in the expedition or by my stay in their facilities.

Except for those gross misconduct directly and solely causing the claims and/or losses, I specifically understand that I am releasing, discharging, and waiving any claims or actions that I may have present or in the future for the negligent acts or other conduct by the owners, agents, officers, employees, subsidiaries or affiliates of TAO Lostboys Inc.

I further agree to allow in compliance with the DATA PRIVACY ACT OF 2012, without compensation, my likeness and/or name to appear, and to otherwise be used, in material, regardless of media form, promoting TAO Lostboys Inc., and/or its expeditions, events and activities, including those of its representatives and licensees.

AS FULLY EXPLAINED IN A LANGUAGE KNOWN TO ME, I HAVE READ AND UNDERSTOOD THE ABOVE WAIVER AND RELEASE AND, BY SIGNING IT, I WILLINGLY, VOLUNTARILY AND WITH FULL KNOWLEDGE OF MY RIGHTS UNDER THE LAW, AGREE THAT IT IS MY INTENTION TO EXEMPT AND RELIEVE TAO LOST BOYS INC., ITS OWNERS, AGENTS, OFFICERS, EMPLOYEES, AND ITS AFFILIATES AND SUBSIDIARIES FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE.”

Data Privacy

The Data Privacy Act of 2012 (“Act” or “DPA”) or Republic Act No. 10173, which took effect on 8 September 2012, is the governing law on data privacy matters in the Philippines.

In 2022, two bills (House Bill No. 892 and House Bill No. 898) were filed in the House of Representatives of the Philippines, seeking to amend the DPA. The proposed amendments under House Bill No. 892 broadly include:

Increasing the penalties (both the period of imprisonment and monetary fines) for violations of the DPA; and
Providing for perpetual absolute disqualification as a penalty for a public official or employee who violates provisions of the DPA.
On the other hand, the proposed amendments under House Bill No. 898 broadly include:
Defining biometric and genetic data.
Expanding the exclusions on the applicability of the DPA.
Redefining “sensitive personal information” to include biometric and genetic data, and labor affiliation. Clarifying the extraterritorial application of the DPA by specifying clear instances when the processing of personal data of Philippine citizens and / or residents is concerned.
Defining the digital age of consent to process personal information as more than fifteen (15) years, applicable where information society services are provided and offered directly to a child.
Including the performance of a contract as a new criterion of the lawful basis for processing of sensitive personal information.
Allowing Personal Information Controllers (“PIC”) outside of the Philippines to authorize Personal Information Processors (“PIP”) or any other third party in the country, in writing, to report data breaches to the National Privacy Commission (“NPC”) on behalf of the PIC.
Modifying criminal penalties under the DPA, giving the proper courts the option to impose either imprisonment or fine upon its sound judgment.

The said bill remains pending before the Philippine House of Representatives.

A further bill was filed in 2022 and is pending before the Philippine Senate (Senate No. 1367) likewise seeking to amend the DPA. Specifically, the bill seeks to exclude the applicability of the DPA to personal information and sensitive personal information that are necessary to address a health crisis during a period of a declared national emergency or pandemic.

Given the rigorous process of passing a law in the Philippines there are no indications that any of these pending bills will be passed into law within the next 12 months.

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