Terms & Conditions

Last updated May 10, 2013

Discoverfun Promotions Inc. (“Discoverfun” or “we”) welcomes you (the “Customer” or “you”) to its website (the “Site”). References to the Site are deemed to include derivatives thereof, including but not necessarily limited to mobile websites and applications. The Terms of Use –as defined below- apply to our services, directly or indirectly made available to you through whatever means, including online reservations,  online booking, customer service requests or otherwise. By accessing, browsing and using the Site and/or by making a booking or reservation through Discoverfun, you acknowledge and agree having read, understood and agreed to the Terms of Use. Our different policies and guidelines, which can be found throughout the Site, including but not limited to, the Privacy Policy, Cancellation Policy, Refund Policy, FAQ’s, etc. (collectively the “Policies”), should be read in conjunction with and are an integral part of these terms and conditions and are hereby included by reference. The terms and conditions set out below and the Policies are collectively referred to as the “Terms of Use”. If you do not agree to the Terms of Use, please cease use of the Site immediately. The Terms of Use – as may be amended from time to time – constitute the entire agreement, and supersede any other agreements or understandings (oral or written), between you and us with respect to their subject matters unless explicitly stated otherwise.

1. Scope of our Service – Information on the Site

Through the Site, Discoverfun provides an online platform through which you can browse different types of tours and packages. We will indicate the acceptance of your booking via an e-mail confirmation. We reserve the right to reject bookings as set out below.

When rendering our services, the information that we disclose about our tours and packages is based on the information provided to us by our partner establishment (including but not necessarily limited to the Hotels, their representatives, distributors, destination management companies (DMCs), channel managers, partners, etc.). Changes in market conditions or circumstances may occur on short notice which may make information displayed on the Site inaccurate or outdated. In case of problems, our Customer Service will use its commercially reasonable efforts to assist you and serve as a point of contact with the Hotel or partner establishment. The Site does not constitute and should not be regarded as a recommendation or endorsement of (the quality, service level or rating of) any Hotel listed on the Site. We hereby expressly disclaim any representation, warranty or undertaking in relation to the quality, status or adequacy of any Hotel listed on the Site. We reserve the right not to accept customers or bookings (or in exceptional cases to cancel confirmed ones) at our discretion and for whatever (legal) reason without the need to justify such refusal. Typical reasons for rejecting a customer or booking include, but are not limited to: Hotel request, breach of the Terms of Use, trade or economic sanctions, embargoes, legal restrictions, (suspicions of) fraud or theft, suspected criminal activity, suspicious bookings, submission by customer of misleading or erroneous information, credit card problems, inappropriate behavior, threats, insults, refusal to supply information, practical obstacles, communication problems, obvious errors (see below), history, blacklisting by governments or international organizations (USA, EU, UN,…), etc. In case a booking is rejected or cancelled by Discoverfun and a payment has already been made, you will receive a refund of the total booking value. We also reserve the right to bar (“blacklist”) users from the Site, on a permanent or temporary basis, at our discretion. Any such blacklisted user must not attempt to use the Site under any other name or through any other user. See also below for our fraud prevention mechanisms. In rare cases, we may also have to cancel or reject a booking due to “obvious errors”, independent of the origin of such errors. For clarity, an obvious error is a mistake on the Site (e.g. in terms of price) which a reasonable person would not consider to be normal. The amount charged will be reimbursed without charge in such case. Whether to cancel or reject a booking for this reason is in Discoverfun’s sole discretion. Please note that suspected group bookings can also be rejected as most Partner Establishments have specific procedures for group bookings. Contact our Customer Service team for more information.

2. Use of the Site

Discoverfun grants you a limited, restricted, personal, non-sublicenseable, revocable license to access and use the Site only as expressly permitted in the Terms of Use. Except for this limited license, we do not grant you any other rights or license with respect to the Site; any rights or licenses not expressly granted herein are reserved. The content and information on the Site, as well as the software and infrastructure used to provide such content and information, is proprietary to Discoverfun or its partner establishments. You may only use the Site to make bona fide and legitimate enquiries or bookings and you hereby undertake not to make any speculative, false or fraudulent bookings or any reservations in anticipation of demand. You undertake that the payment details you provide us with in making a booking are fully correct. You also undertake to provide correct and accurate e-mail, postal and/or other contact details to Discoverfun and acknowledge that Discoverfun may use these details to contact you in the event that this should prove necessary. Please also consult our Privacy Policy. Accordingly, as a condition of using the Site, you agree not to use the Site or its contents or information for any commercial or non-personal purpose (direct or indirect) or for any purpose that is illegal, unlawful or prohibited by the Terms of Use. Except with our prior written authorization, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from the Site. In addition, you agree not to:

  • use the Site or its contents for any non-authorized commercial purpose;
  • make any speculative, false, or fraudulent booking;
  • access, monitor or copy any content or information of the Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express prior written permission;
  • violate the restrictions in any robot exclusion headers on the Site or bypass or circumvent other measures employed to prevent or limit access to the Site;
  • take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  • deep-link to any portion of the Site (including, without limitation, purchase paths) for any purpose without our express prior written permission;
  • re-sell, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on the Site for any commercial or competitive activity or purpose;
  • “frame”, “mirror” or otherwise incorporate any part of the Site into any other website without our prior written authorization;
  • deliver any unlawful (according to any and all applicable laws or regulations) postings to or through the Site, or any postings which advocate illegal activity;
  • deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, racist, discriminating, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable;
  • deliver or provide links to, any postings containing defamatory, slanderous, false or libelous material;
  • deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity;
  • deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships;
  • impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another;
  • manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver;
  • use the Site in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the Site or other users’ computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment;
  • attempt to gain unauthorized access to the Site, any related website, other accounts, computer system, or networks connected to the Site, through hacking, password mining, or any other means;
  • obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site, including harvesting or otherwise collecting information about others such as email addresses;
  • engage in any deceptive practices intended to manipulate the organic Search Engine Results Page (SERP) or employ search engine optimization (“SEO”) techniques considered to be against common search engine guidelines. SEO practices considered unethical, or “black hat” (aka “spamdexing”) include, though are not limited to cloaking, meta data and title tags, content scraping, link schemes, Google bombs, keyword stuffing, hidden text and links, doorway and cloaked pages, link farming or schemes, blog comment spam, etc.; or
  • do anything else which could cause damage to the Site, the Discoverfun Promotions Inc. and their employees, Discoverfun’s reputation, or would otherwise have a negative impact.

Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of the Site or frame the Site or any web page or material herein, nor may any entity hyperlink any aspect of the Site in an email for commercial purposes without the express written permission of Discoverfun. By making a reservation on the Site, you represent and warrant that you are not covered by any international sanction program.

3. Additional Charges

A. Additional Charges Please note that all prices on the Site are for Package Tours or Booking only and subject to the inclusions stated for the requested stay dates and for the number of people indicated, unless indicated otherwise. The Package Tours and Booking rates are displayed per person. Except where indicated otherwise, Discoverfun will typically display the rate inclusive of tax and service charges on the Site. Without prejudice to what is set out below, you will see the total inclusive price prior to confirming your booking on the last booking page (before the final confirmation screen). Please verify every step of your reservation on the booking form; you can discontinue the booking at any time prior to the final confirmation screen (please see below for post-booking cancellations). What is included in the rate is displayed on the Site and/or in the confirmation email/voucher. Breakfast is typically  included unless explicitly stated otherwise. Please verify the Hotel description or policies on the Site. Insurance of any kind is never included in the rates. The Hotel or partner establishments may also refuse to accept additional persons if not duly informed in advance. Please note that certain Hotels or partner establishments may charge you a so-called additional but mandatory “resort fee” (or similar) for the use of certain of their services. This resort fee is typically not included in the price, but it will be mentioned in the description on the Site.  Please check the “Booking Conditions”, “Cancellation Policy” or similar wording on the Site. When in doubt whether something is included, you can contact our Customer Service team. Hotel transportation or transfer fee is an add-on option subject to a charge on top of the package rate. B. Currency Conversion The currency converter is provided for your convenience. Package Tours and Booking rates provided in a currency other than the currency displayed on the Site are converted to the displayed currency at a rate determined by Discoverfun. The currency and amount you see displayed on the final booking page is the amount Discoverfun will charge your credit card. Discoverfun reserves the right to convert and charge this amount in your credit card currency. Your bank may impose additional fees on the transaction, over which Discoverfun has no control. Please note that exchange rates fluctuate daily.

A Word on Charges and Fees In connection with facilitating your Package Tours and Booking transaction, the charge to your credit card may include a charge for fees (“Fees”) unless indicated otherwise. This charge includes an estimated amount to recover the amount we pay to the Hotel or partner establishment in connection with your booking for fees owed by the Hotel or partner establishment. The amount paid to the Hotel or partner establishment in connection with your booking may vary from the amount we estimate and include in the charge to you. The balance of the charge for Fees, if any, is a fee we retain as part of the compensation for our services and to cover the costs of your booking including, for example, customer service costs. If the balance is negative, we will absorb such difference. The charge for Fees varies based on a number of factors including, without limitation, the amount we pay the Hotel and partner establishment.

4. Privacy

We respect your privacy. Please have a look at our Privacy Policy for further information.

5. Credit card – Payment – Age – Fraud

For pre-paid bookings with Discoverfun your credit card will be charged by Discoverfun for the full price (sometimes without any option for refund depending on the Hotel’s booking conditions, see below) upon reservation and confirmation of the booking. Please check the details thoroughly for any such conditions prior to making your booking. Discoverfun will process refunds, if and when applicable, within a reasonable timeframe. In order to safeguard and encrypt your credit card information when in transit to us, we use the “Secure Socket Layer (SSL)” technology for our services. In the event of credit card fraud or unauthorized use of your credit card by third parties, you should contact your bank or card issuer immediately upon becoming aware of such unauthorized use. If you suspect an unauthorized or fraudulent booking was made via Discoverfun, please contact our Customer Service team immediately. In order to make a booking you must be over 18 years old (or the age of majority in those countries and territories where it is higher than 18) and have the full legal capacity to make the transaction (or have the authorization from your legal guardian). You undertake that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the transaction. You accept financial responsibility for all transactions made under your name or account. You undertake that the details you provide us with in making a booking are fully correct. Discoverfun reserves the right not to accept certain credit cards. Discoverfun may add or remove other payment methods at its discretion. We have stringent fraud detection and prevention mechanisms in place. In certain cases, we may require additional information or verifications to validate and confirm the booking, as explained in more detail on the Site. Reservations are not confirmed until you have received a confirmation mail with a voucher and it is possible that a Hotel or partner establishment could become fully booked during the fraud check, in which case the booking will no longer be available. Discoverfun can never be held liable in such cases. Additional information submitted will be treated in line with strict industry standards to protect privacy, using encryption for transmission and specialized agents for verification. If you choose not to submit the additional information, the booking will not be completed and fully cancelled.

6. Booking conditions – Cancellations, No-Shows – Special Needs

By making a booking on our Site, you accept and agree to the relevant Hotel and partner establishment booking conditions, including cancellation and no-show policies applicable to that booking, and to any additional (delivery) terms and conditions of the Hotel or partner establishment that may apply to your booking or during your stay, including for services rendered and/or products offered by the Hotel or partner establishment. The general cancellation and no-show policy of each Hotel or partner establishment is made available on the Site at the check-out page, “Cancellation Policies” or the like, and in the confirmation email and voucher. Please note that you may be charged for your cancellation in accordance with the Hotel or partner establishment’s cancellation and no-show policy, in some cases for the entire stay or the first night. We recommend that you read the cancellation and no-show policy of the Hotel or partner establishment carefully prior to making your booking. If you fail to check in to your Hotel or Partner Establishment on time on the day of your booking and do not alert us, your booking may be canceled and you may not be entitled to a refund, depending on the terms and conditions of Discoverfun. Regardless of the cancellation policy, Discoverfun reserves the right to charge a cancellation fee, this will be indicated on the Site. Please carefully check the details thoroughly for any such conditions prior to making your booking. If you wish to review, adjust or cancel your booking, please revert to the information displayed in the FAQ and follow the instructions therein, or contact Customer Service. Special Needs: If you have special needs (e.g., wheelchair accessible room) you must contact Customer Service and verify that special needs can be met. Please note that all special requests are subject to availability and cannot be guaranteed by Discoverfun.

7. Legal

Disclaimer of Warranties ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. DISCOVERFUN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DISCOVERFUN DISCLAIMS ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. DISCOVERFUN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. DISCOVERFUN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THE SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT. DISCOVERFUN IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF RESERVATIONS OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE. General Limitation of Liability TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DISCOVERFUN, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SITE AND ITS CONTENTS (COLLECTIVELY THE “COVERED PARTIES”), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING BUT NOT LIMITED TO (WHERE RELEVANT, CAUSED BY): (I) LOSS OF PRODUCTION, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF CONTRACT, LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION, LOSS OF CLAIM, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, DELAY, PERFORMANCE OR NON-PERFORMANCE OF THE SITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE, INCLUDING SERVICES RENDERED OR PRODUCTS OFFERED BY THE HOTEL AND PARTNER ESTABLISHMENTS, (PARTIAL) CANCELLATIONS OR OVERBOOKINGS; (V) ERRORS OR INACCURACIES CONTAINED ON THE SITE OR ANY INFORMATION (INCLUDING BUT NOT LIMITED TO THE (DESCRIPTIVE) INFORMATION (INCLUDING RATES, AVAILABILITY AND RATINGS) OF THE HOTEL AND PARTNER ESTABLISHMENTS AS MADE AVAILABLE ON THE SITE), SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THE SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, ANY USE, DELAY OR INABILITY TO USE THE SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE; OR (IX) ANY (PERSONAL) INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES ATTRIBUTABLE TO THE HOTEL AND PARTNER ESTABLISHMENTS (ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES OR AFFILIATED COMPANIES) (X) ANY DAMAGES CAUSED BY A FORCE MAJEURE EVENT. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. A force majeure event is an event beyond the Covered Parties’ control and can include, but is not limited to, natural disasters, weather conditions, fire, nuclear incident, electro-magnetic pulse, terrorist act, riots, war, arson attacks, insurgency, rebellion, armed hostilities of any kind, labor disputes, lockouts, strikes, shortages, government actions or restraints, pilferage, bankruptcy, machinery breakdown, quarantine, communications breakdown, epidemic, pandemic etc. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. No Covered Party shall be responsible for any Hotel and Partner Establishment’s breach of any condition or warranty including, but not limited to, implied conditions or warranties of fitness for a particular purpose or of merchantability, nor shall any Covered Party be responsible for any other wrongdoing of a Hotel or Partner Establishment (including any liability in tort), as to any products and/or services available through the Site. Discoverfun does not guarantee continuous access without interruption to the Site. Discoverfun’s liability is excluded or limited to the maximum extent permitted by law. Without prejudice to the limitations set out in the Terms of Use, Discoverfun’s liability shall in any event not exceed the lesser of the aggregate cost of your booking as set out in the confirmation email (whether for one event or series of connected events).Miscellaneous Discoverfun does not in any way (directly or indirectly, independently or in conjunction with any party) own, manage, operate or control the Hotels, or any room in such Hotels and Partner Establishments. The Hotels and partner establishments are liable and responsible for providing accommodation and service in welcoming people who have booked through Discoverfun as their guests. You agree to indemnify and hold harmless Discoverfun from and against any liability, damage or loss including legal fees and expenses that Discoverfun incurs or suffers as a result of any action, inaction or omission by you. If you use the Site for or on behalf of a third-party (“Third-party”), such as a family member or a traveling companion, you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third-party of all applicable terms and conditions. Each customer using the Site for or on behalf of a Third-party agrees to indemnify and hold each Discoverfun harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third-party’s or the user’s failure to fulfill any of its obligations as described above. You are at all times bound by the local laws and regulations. Things which are legal in certain countries may be illegal in others. You should enquire about applicable restrictions. Discoverfun cannot be held liable in case a Hotel refuses to check you in or asks you to leave for legal or regulatory reasons. The Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any other remaining provisions. The severed provisions shall be replaced by a provision approximating as much as possible the original wording and intent. Discoverfun reserves the right, in its sole discretion, to modify, suspend, or terminate the Site and/or any portion thereof, including any service or product available through the Site, and/or your use of the Site, or any portion thereof, at any time for any reason with or without notice to you. In the event of termination, you will still be bound by your obligations under the Terms of Use, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Discoverfun shall not be liable to you or any third-party for any termination of your access to the Site. Discoverfun reserves the right to amend or repeal the Terms of Use (or parts thereof) as it deems appropriate. For the avoidance of doubt, the Terms of Use do not apply to commercial contractual relationships Discoverfun may have with others, including but not limited to the Hotels, Partner Establishment and certain marketing partners. The Terms of Use and the provision of our services shall be governed by and construed in accordance with the laws of the Philippines without reference to Philippine conflict of laws rules, and any dispute arising out of the Terms of Use and our services shall exclusively be submitted to the competent courts in the Philippines is expressly excluded and shall not apply to the Terms of Use. Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights. We may amend the Terms of Use at any time by posting a variation on the Site. The latest version of the Terms of Use will supersede all previous versions.

8. About Discoverfun – FAQs

All of our services are rendered by Discoverfun Promotions Inc., which is a private limited liability company, incorporated under the laws of the Philippines and having its registered office at N. Bacalso Ave., Cebu City, Philippines and registered with the Securities and Exchange Commission of the Philippines under company registration number CS201326566.