Terms and Conditions

2. Scope of These Terms

These Terms govern only the DragonTrail Services supplied directly by DragonTrail.

Each Provider Service is governed by a separate contract between the traveler and the independent provider responsible for that service.

The provider’s own terms, cancellation policy and operating conditions apply to the Provider Service.

The Booking Summary forms part of these Terms and identifies:

• The DragonTrail Services
• The DragonTrail Service Fee
• Each Provider Service
• The independent provider responsible for each Provider Service
• The price of each Provider Service
• The party receiving each payment
• The applicable cancellation conditions
• Any material exclusions or additional costs

If the Booking Summary conflicts with these Terms concerning a specific date, service, provider, price or cancellation condition, the Booking Summary will control for that specific matter.

3. Separate Contractual Relationships

When a traveler purchases DragonTrail Services, the contract for those services is between the traveler and DragonTrail.

When a traveler confirms a Provider Service, the contract for that service is between the traveler and the identified independent provider.

DragonTrail is not a party to the contract for a Provider Service unless the Booking Summary expressly states otherwise.

DragonTrail does not combine DragonTrail Services and Provider Services into a single travel package.

The inclusion of several services in one itinerary or Booking Summary is for planning and coordination purposes and does not make DragonTrail the provider of those services.

Each provider is independently responsible for supplying, managing and performing its Provider Service.

4. Independent Providers

Independent providers may include transportation companies, licensed drivers, guides, travel agencies, ticketing providers, attractions, hotels, restaurants, activity operators and other local businesses or professionals.

Independent providers are not employees, agents, branches or representatives of DragonTrail.

They control their own personnel, vehicles, equipment, schedules, operating methods and service performance.

DragonTrail seeks to work with providers that represent that they possess the licences, qualifications, permissions and insurance required for their work.

DragonTrail does not independently guarantee every representation made by a provider.

Where appropriate, the traveler may request available information concerning a provider before confirming the Provider Service.

5. Provider Identification

The independent provider responsible for a Provider Service must be identified in the Booking Summary or in a written service confirmation supplied before that Provider Service is confirmed.

The confirmation must provide sufficient information for the traveler to understand who is supplying the service and how to contact that provider.

Where the originally identified provider becomes unavailable, no substitute provider will be appointed without informing the traveler.

A substitute may be proposed when reasonably necessary because of illness, vehicle failure, operational disruption or another unexpected event.

The traveler may accept the substitute, request another available option or cancel the affected Provider Service subject to the original provider’s terms and any rights required by applicable law.

6. Requests, Proposals and Confirmation

A request, proposed itinerary, quotation or provider recommendation does not constitute a confirmed booking.

DragonTrail Services are confirmed only when DragonTrail issues written confirmation and any required DragonTrail Service Fee has been paid.

A Provider Service is confirmed only in accordance with the provider’s confirmation process and payment requirements.

The traveler must review all confirmations and promptly report any error concerning:

• Traveler names
• Passport information
• Travel dates
• Flight information
• Pickup and drop-off locations
• Group size
• Vehicle requirements
• Accessibility requirements
• Included services
• Excluded services
• Provider identity
• Prices and payment recipients

DragonTrail is not responsible for consequences arising from inaccurate or incomplete information supplied by the traveler, except to the extent that DragonTrail failed to correct an error that it expressly accepted in writing.

7. DragonTrail Service Fees

The DragonTrail Service Fee is the price charged for the DragonTrail Services identified in the Booking Summary.

The fee may cover research, itinerary preparation, consultation, provider sourcing, provider introductions, booking assistance, traveler communication, document preparation and coordination.

The DragonTrail Service Fee is separate from any amount charged by an independent provider.

DragonTrail may also receive a disclosed referral fee or commission from an independent provider.

Any referral fee or commission does not make DragonTrail the provider of the Provider Service.

The Booking Summary will disclose where a commercial relationship exists between DragonTrail and a recommended provider.

8. Provider Prices and Payments

Each independent provider determines or accepts the price of its Provider Service.

The Booking Summary will show the Provider Service price separately from the DragonTrail Service Fee.

Where possible, the traveler will pay the Provider Service price directly to the provider.

If DragonTrail accepts a Provider Service payment on behalf of an identified provider, DragonTrail acts only as the provider’s disclosed collection agent for that payment.

The Booking Summary must identify:

• The provider receiving the payment
• The amount collected for the provider
• The currency
• The payment deadline
• Any payment-processing charge
• Any amount payable locally

Collecting payment on behalf of a provider does not make DragonTrail the supplier of the Provider Service.

Bank fees, payment-provider charges and currency-conversion charges are the traveler’s responsibility unless the Booking Summary states otherwise.

9. Cancellation of DragonTrail Services

The cancellation conditions for DragonTrail Services will be stated in the Booking Summary.

Unless the Booking Summary states otherwise:

• The DragonTrail Service Fee is fully refundable before DragonTrail begins substantive work.
• Once substantive research, itinerary preparation, provider sourcing or booking work has begun, the part of the fee corresponding to work already completed is non-refundable.
• Any unused balance will be refunded if the traveler cancels before the DragonTrail Services are completed.
• No refund is due after the agreed DragonTrail Services have been substantially completed.

These conditions apply only to the DragonTrail Service Fee.

They do not determine whether a Provider Service payment is refundable.

10. Cancellation of Provider Services

Cancellation, amendment, no-show and refund conditions for a Provider Service are determined by the independent provider supplying that service.

The applicable provider conditions must be supplied or made available before the Provider Service is confirmed.

DragonTrail does not independently promise a refund of money owed to or retained by a provider.

DragonTrail will provide reasonable administrative assistance with a cancellation or refund request, but the provider remains responsible for deciding and processing the request according to its terms and applicable law.

Where DragonTrail holds provider funds as collection agent, DragonTrail will return any amount that the provider authorises or is legally required to refund.

Non-refundable tickets, reservations, deposits and other committed third-party costs remain subject to the relevant provider’s conditions.

11. Flight Changes and Layover Bookings

Layover plans are prepared using information supplied by the traveler and estimated times for immigration, baggage collection, customs, road travel, airport security and boarding procedures.

These timings vary and cannot be guaranteed by DragonTrail.

The traveler remains responsible for:

• Holding the required passport, visa and travel documents
• Confirming eligibility for entry or visa-free transit
• Following airline and immigration requirements
• Providing complete and accurate flight information
• Monitoring flight changes
• Allowing sufficient time to return to the airport
• Completing check-in, security and boarding procedures
• Reaching the departure gate on time

DragonTrail may recommend a return time or decline to coordinate an itinerary that does not provide a reasonable airport buffer.

The transportation provider is responsible for performing the agreed transport service.

Airlines, airports, immigration authorities, customs authorities and security authorities are responsible for their own operations and decisions.

If a flight is cancelled or materially changed, the traveler must notify DragonTrail and the relevant providers as soon as reasonably possible.

DragonTrail will provide reasonable assistance with rearranging the itinerary, but availability, rescheduling and refunds remain subject to the relevant provider’s conditions.

12. Weather, Closures and Disruption

Weather, safety restrictions, government action, attraction closures, traffic, public events, illness, emergencies, transportation disruption and other events may affect an itinerary or Provider Service.

DragonTrail may provide information, communicate with providers and suggest alternative arrangements.

The independent provider remains responsible for deciding whether and how its Provider Service can safely and lawfully be performed.

The traveler remains free to accept or reject a proposed alternative.

Any price adjustment, cancellation or refund relating to a Provider Service is governed by the provider’s terms and applicable law.

DragonTrail does not guarantee weather, attraction opening, ticket availability, government decisions, traffic conditions, travel times or provider availability.

13. Changes to an Itinerary

An itinerary prepared by DragonTrail is a planning document based on the information and availability known when it is prepared.

An itinerary is not a guarantee that every location, reservation, route or timing will remain available.

A material change to a DragonTrail Service must be agreed between DragonTrail and the traveler.

A material change to a Provider Service must be agreed between the traveler and the relevant provider.

DragonTrail may facilitate communications concerning a change but cannot accept a change on behalf of a provider or traveler unless expressly authorised to do so.

14. Traveler Responsibilities

The traveler is responsible for:

• Reviewing the itinerary and Booking Summary
• Reviewing each provider’s terms
• Supplying accurate and complete information
• Carrying required identification and travel documents
• Arriving at agreed meeting locations on time
• Following lawful and reasonable safety instructions
• Disclosing relevant mobility, accessibility, medical or dietary requirements
• Determining whether an activity is suitable
• Supervising children and dependent travelers
• Protecting passports, money, luggage, phones and personal belongings
• Maintaining appropriate travel, medical, accident and cancellation insurance

The traveler must not request or require DragonTrail or a provider to arrange or perform an unlawful or unsafe service.

15. Safety and Incidents

The independent provider performing a Provider Service is responsible for the immediate operational management and safety of that service.

Travelers must follow lawful and reasonable safety instructions issued by the provider, attraction or relevant authority.

An accident, injury, vehicle problem, lost item, safety concern or other operational incident should be reported immediately to the provider performing the service.

The traveler should also notify DragonTrail where coordination assistance is required.

DragonTrail may assist by contacting the provider, helping exchange information and identifying an appropriate complaint, insurance or claims process.

Providing coordination or assistance does not by itself mean that DragonTrail supplied the Provider Service or accepted legal responsibility for the incident.

16. Complaints

A complaint concerning a DragonTrail Service should be submitted directly to DragonTrail.

A complaint concerning a Provider Service should first be submitted to the independent provider responsible for that service.

DragonTrail will provide reasonable communication and coordination assistance where a Provider Service complaint cannot be resolved directly.

A complaint should include:

• The traveler’s name
• The booking reference
• The affected service
• The provider’s name
• A description of the issue
• Relevant times and locations
• Photographs, messages, receipts or other available evidence
• The remedy requested

Nothing in this section prevents a traveler from exercising any right available under applicable law.

17. DragonTrail’s Responsibility

DragonTrail is responsible for performing the DragonTrail Services with reasonable care and skill.

DragonTrail is responsible for its own:

• Itinerary planning
• Travel information
• Representations
• Provider introductions
• Booking assistance
• Payment handling
• Communication
• Administrative coordination

DragonTrail is not responsible for independently performing a Provider Service.

DragonTrail is not responsible for a provider’s act or omission except to the extent that responsibility arises from DragonTrail’s own negligence, misleading representation, payment handling, failure to perform an agreed DragonTrail Service or another responsibility that cannot legally be excluded.

Nothing in these Terms excludes or limits a right or responsibility that cannot lawfully be excluded or limited.

18. Limitation of Liability

To the extent permitted by applicable law, DragonTrail is not responsible for indirect or consequential loss that was not reasonably foreseeable when the DragonTrail Services were confirmed.

Where applicable law permits financial liability to be limited, DragonTrail’s aggregate liability arising from a DragonTrail Service will not exceed the DragonTrail Service Fee paid for the affected booking.

This limitation does not apply to fraud, wilful misconduct, gross negligence, death, personal injury or another responsibility that cannot legally be excluded or limited.

No limitation in these Terms applies to the independent provider’s responsibility under its own contract with the traveler.

19. No Guarantee or Endorsement

A recommendation or introduction means that DragonTrail considers the provider potentially suitable based on the information available at the relevant time.

It does not constitute an unconditional guarantee of the provider, its personnel or every aspect of its future performance.

Reviews, photographs, descriptions, schedules, prices and other provider information may be supplied by the provider or obtained from third-party sources.

DragonTrail will use reasonable care when presenting this information but cannot guarantee that third-party information will always remain complete, current or error-free.

20. Travel Insurance

Travelers should obtain insurance appropriate to their itinerary, activities, health circumstances and financial exposure.

Insurance should be considered for:

• Medical treatment
• Personal accident
• Emergency assistance
• Trip cancellation
• Flight disruption
• Missed connections
• Provider insolvency
• Lost or damaged belongings
• Activities included in the itinerary

DragonTrail does not provide insurance advice and does not determine whether a particular policy is sufficient.

21. Personal Information

DragonTrail may collect information reasonably required to provide DragonTrail Services and facilitate Provider Services.

This may include:

• Names
• Contact information
• Passport information
• Flight information
• Hotel information
• Travel preferences
• Accessibility requirements
• Dietary requirements
• Booking and payment information

Where necessary, DragonTrail may share relevant information with an identified provider, reservation system, attraction or authority.

Personal information will be handled according to DragonTrail’s Privacy Policy and applicable data-protection requirements.

The traveler should not send information that is not reasonably required for the requested service.

22. Governing Law and Disputes

These Terms and the contract for DragonTrail Services are governed by the laws of [GOVERNING JURISDICTION], except where mandatory law requires otherwise.

A Provider Service contract may be governed by different terms and laws specified by the independent provider.

A complaint concerning a DragonTrail Service should first be sent to DragonTrail in writing.

The parties will attempt to resolve the matter through direct communication.

If the matter cannot be resolved, disputes concerning DragonTrail Services will be submitted to [COURT OR DISPUTE JURISDICTION], except where mandatory law gives the traveler the right to bring a claim elsewhere.

DragonTrail does not determine the governing law or dispute process applying to a Provider Service contract.

23. Changes to These Terms

DragonTrail may update these Terms from time to time.

The version applying to a DragonTrail Service is the version made available when that service is confirmed.

A later website update will not retrospectively alter a confirmed booking unless required by law or agreed in writing.

24. Acceptance

By confirming DragonTrail Services or paying the DragonTrail Service Fee, the traveler confirms that they have read and accepted these Terms.

The lead traveler confirms that they are authorised to supply booking information for all travelers included in the request.

Acceptance of these Terms does not constitute acceptance of a provider’s terms.

The traveler must separately review and accept the terms applying to each Provider Service.

25. Contact

Questions concerning DragonTrail Services or these Terms may be submitted using the contact details published on the DragonTrail website.

Questions concerning a Provider Service should be directed to the independent provider identified in the Booking Summary.