Terms and Conditions

SECTION 1: DEFINITIONS AND SCOPE OF AGREEMENT

1.1. Introduction and Binding Acceptance

This document establishes the General Terms and Conditions (GTC), which form a legally binding contract between the Client ("you," "your," "Traveler," or "Lead Passenger") and the Agency ("we," "our," or "us"). The act of confirming any Booking, whether through the payment of a deposit or full payment, or by utilizing any travel services coordinated by the Agency, signifies the Client's acknowledgment, comprehension, and acceptance of these GTC in their entirety. The Lead Passenger, defined as the individual executing the Booking and making payment, explicitly warrants that they possess the full legal authority to enter into this contract and bind all persons named in the Booking to these terms.

1.2. Definitions

Agency: Refers to Pearl Horizon Travel, the Philippine-based entity offering travel planning, coordination, and booking assistance services. The official website for the Agency is www.pearlhorizontravel.com.ph.

Client/Traveler: Denotes any and all individuals included in, and named on, the final Booking confirmation who are intending to receive and utilize the services arranged by the Agency.

Booking: The finalized confirmation of travel services, which may include a Tour Package, accommodation, flights, or other singular components, initiated upon the Agency's verifiable receipt of the required deposit or full payment as stipulated in the quotation.

Supplier: Any independent third-party provider responsible for the actual delivery of travel services. This definition encompasses, but is not limited to, airlines, hotels, resort management companies, local tour operators, licensed ground transportation providers (e.g., private charter operators, boat operators), and local government units (LGUs) issuing permits.

Package Price: The comprehensive sum charged by the Agency to the Client for the bundled travel services, meticulously itemized in the final invoice and confirmation, explicitly excluding any Mandatory Non-Included Fees defined herein.

1.3. Scope of Agency and Intermediary Status

The Agency maintains and operates under the legal status of an independent agent, intermediary, and facilitator for all Suppliers. It is explicitly stated that the Agency does not, and shall not, own, manage, control, operate, or maintain any aircraft, hotel properties, cruise vessels, specialized tour equipment (e.g., ATV vehicles, diving gear), or ground motor vehicles.

The contractual obligation of the Agency is strictly confined to the professional selection, coordination, and subsequent booking of these third-party services on behalf of the Client. All services rendered or documentation (e.g., flight vouchers, hotel reservations, tour passes) are provided subject to the individual GTC, liability limitations, and fare rules of the respective Supplier, which the Client accepts concurrently and irrevocably with these GTC. The Agency shall not be held liable for any act, omission, delay, injury, damage, or loss resulting from the fault or negligence of any third-party Supplier.1

1.4. Regulatory Compliance and Operating Standards

The Agency adheres to the regulations and operating standards set forth by the relevant Philippine government bodies, including the Department of Trade and Industry (DTI) and the Department of Tourism (DOT). This contract is subject to compliance with the Philippine Consumer Act (RA 7394) and the mandates of the Department of Tourism regarding accredited service provision.

1.5. Supplemental and Product-Specific Terms

Certain travel services - including, but not limited to, Domestic Joiner Tours - operate under unique logistical models and are governed by specialized, product-specific terms and conditions. Where a Booking involves such products, these supplemental terms will be provided or made accessible to the Client during the booking process. In the event of any conflict, contradiction, or inconsistency between these General Terms and Conditions and any product-specific policy, the provisions of the product-specific policy shall strictly prevail and govern that specific Booking.

SECTION 2: BOOKING CONFIRMATION, PRICING, AND FEES

2.1. Booking and Financial Confirmation

A binding Booking is established solely upon the Agency's confirmed receipt of the full required deposit or total payment. Prices, unless otherwise clearly indicated, are quoted exclusively in Philippine Pesos (PHP). The Package Price remains provisional and is subject to revision by the Agency upon written notice to the Client, until the full and final payment for all components has been verifiably received and ticketed.

This necessity for revision arises from factors beyond the Agency's immediate control, including, but not limited to:

Significant currency exchange rate fluctuations.
Unforeseen third-party supplier rate adjustments.
Sudden fuel surcharges or government-imposed taxes.
Changes in mandatory visa or entry requirements.

In the event of a price increase exceeding 10% of the original quoted price, the Client shall be notified immediately and provided the option to either accept the change or receive a full refund of the deposit, less any non-refundable supplier costs already incurred.

2.2. Service Charges and Administration Fees

The Package Price incorporates non-itemized charges representing the Agency's professional service, internal handling, and booking management. These fees are deemed "earned" upon the confirmation of the Booking.

Non-Refundability: These internal fees are strictly non-refundable in cases of Client-initiated cancellations or events of Force Majeure (as defined in Section 4.1, e.g., weather, strikes, or government mandates), as the Agency's coordination work has already been rendered.
Agency Fault Exception: Notwithstanding the above, if a cancellation is caused solely by the Agency’s gross administrative error or operational fault, a full refund of the service fee shall be issued.

2.3. Mandatory Exclusion Disclosure

In compliance with the Philippine Consumer Act (RA 7394) requirements for clear disclosure and to actively defend against claims of deceptive sales practices, the following costs are specifically excluded from the Package Price and remain the Client's sole financial and administrative responsibility:

Philippine Travel Tax (PH Tax): The mandatory Philippine Travel Tax (currently approximately ₱1,620) and any related international airport terminal fees are excluded unless itemized as an explicit inclusion in the final quotation.
Checked Baggage Fees: The Economy Class airfare component utilized in the Essential package tiers is structured based on base fares that often exclude checked luggage allowance. The Client is proactively and strongly advised to budget approximately ₱3,500.00 to ₱4,000.00 roundtrip per person for the necessary checked baggage, or to purchase the specific optional add-on offered by the Agency. Failure to budget for this mandatory exclusion often results in significant friction at the airport.
Visa and Entry Processing Fees: Any fees related to destination country visa applications, K-ETA processing (for South Korea), or other mandatory permits are excluded, unless the Package specifically itemizes and includes a dedicated visa assistance fee.
Meals and Beverages: All lunch, dinner, snacks, and personal beverages are excluded, beyond those explicitly listed as "Inclusions" (e.g., daily hotel breakfast or specified tour-included lunches, such as during island hopping).
Personal Expenses: Gratuities for drivers, guides, and hotel staff, hotel incidental charges (e.g., mini bar, laundry), personal shopping, and optional activity fees not detailed in the itinerary.

SECTION 3: CANCELLATION, REFUNDS, AND FORFEITURE POLICY

3.1. Client-Initiated Cancellation and Forfeiture Schedule

All requests for cancellation must be formally submitted in writing by the Lead Passenger. The effective date of cancellation is the date the written notice is received by the Agency. The following schedule dictates the refund eligibility. Please note that this schedule is explicitly subject to the Third-Party Supplier policies detailed in Section 3.2. Because the Agency acts as an intermediary, any refund amount is ultimately capped by the actual recoverable funds from airlines, hotels, and tour operators. In many cases, Supplier "Non-Refundable" policies may supersede the percentages listed below.

For Multi-Day Tours (> 24 hours):

30 days or more notice: Full refund
16 to 29 days notice: 50% refund
15 days or less (incl. no-show): 0% refund (Full Forfeiture)

For Day Tours (24 hours or less):

16 days or more notice: Full refund
11 to 15 days notice: 50% refund
10 days or less (incl. no-show): 0% refund (Full Forfeiture)

Note: Any eligible "Full" or percentage-based refunds are strictly subject to the deduction of Admin and Bank Processing Fees as detailed in Section 3.1.1.

3.1.1. Calculation and Deductions

To ensure fairness and transparency, the final refund amount remitted to the Client is calculated using a specific order of deductions. The Agency first determines the "Gross Refundable Amount" (based on the percentages in Section 3.1 or the amount actually recovered from the Supplier). From this gross amount, the following mandatory costs are then deducted:

Payment Gateway Fees: Any non-reimbursable merchant fees incurred during the original transaction (e.g., credit card processing fees, UPAY/Maya/GCash charges).
Bank Transfer Fees: Any actual bank charges or remittance fees incurred by the Agency to transfer the refund to the Client's nominated account.
Administrative Fee: A flat processing fee of ₱300.00 per booking to cover the labor and operational costs of handling the cancellation and refund coordination.

Illustrative Example:

If a Client is eligible for a 50% refund on a ₱10,000 booking:

Gross Refundable Amount: ₱5,000

Less: Payment Gateway Fee (e.g., 3.5% = ₱350)

Less: Administrative Fee (₱300)

Final Net Refund to Client: ₱4,350

Note: In the event that the mandatory deductions (Gateway, Bank, and Admin fees) exceed the Gross Refundable Amount, the Client acknowledges that no monetary refund shall be due.

3.1.2. Computation of Notice Period

In alignment with the legal computation of periods governed by Article 13 of the Civil Code of the Philippines, the computation of any notice period under these GTC follows the "Exclude the First Day, Include the Last Day" rule. The scheduled day of departure is considered the first day and is therefore excluded (Day 0).

Illustrative Example (Day Tour Scenario):

To understand how we count your notice period, imagine your Day Tour departs on July 15.

Departure Day (July 15): This is Day 0. It does not count toward your notice.
July 4 (Notice Received): This is exactly 11 Days Notice. Per Section 3.1 for Day Tours, this qualifies you for a 50% Refund.
July 5 (Notice Received): This is exactly 10 Days Notice. Per Section 3.1, this results in 0% Refund (Full Forfeiture).
July 6 or later: This is 9 Days or less notice, resulting in 0% Refund (Full Forfeiture).

Business Hours Requirement:

All written cancellation notices must be received within the Agency’s standard business hours (9:30 AM – 5:30 PM PHT). Any notice received after 5:30 PM shall be legally deemed as "received" on the following business day, effectively reducing your notice period by one day. For example, an email sent at 8:00 PM on July 4 is legally recorded as received on July 5, moving the request into the 0% refund tier.

3.2. Airline Tickets and Third-Party Services

The Agency functions strictly as a facilitator for airfare, hotel, and attraction ticket purchases. Any eligibility for a monetary refund for these components is governed entirely by the specific fare rules and cancellation policies of the issuing Supplier (e.g., the airline's published rules for the specific ticket class). The Agency shall diligently assist the Client in securing any possible Supplier-initiated refunds but explicitly assumes no liability for fully non-refundable tickets or Supplier refusal to refund.

3.3. No-Show Policy

Failure by the Client to appear at the designated meeting point (e.g., airport check-in, hotel lobby, tour assembly location) at the specified and confirmed scheduled time, without prior written notification and Agency acceptance, shall be classified as a No-Show and results in the immediate and total forfeiture of all payments made.

3.4. Refund Processing Timeline

To ensure maximum transparency in compliance with DTI requirements, the following timelines are contractually guaranteed for the remittance of any approved and finalized refund amount:

Bank Transfer/Online Deposit Refund: The funds shall be remitted to the Client's nominated bank account within fifteen (15) banking days following the Agency's internal finalization of the refundable amount.
Credit Card Reversal: The refund will be processed and submitted for reversal to the issuing bank within thirty (30) calendar days, with the actual crediting time subject to the policies and timelines of the Client’s specific bank.

3.5. Travel Fund Alternative

In lieu of a cash refund subject to bank fees and standard deductions, eligible Clients may opt to convert their refundable amount into a "Travel Fund" (Travel Voucher). Travel Funds are valid for twelve (12) months from the date of issuance and may be applied toward any future bookings with Pearl Horizon Travel Corp. Opting for a Travel Fund ensures the Client retains maximum value, though third-party Payment Gateway Fees from the original transaction remain non-refundable.

SECTION 4: FORCE MAJEURE AND OPERATIONAL RISK

4.1. Definition and Agency Non-Liability

Force Majeure is defined contractually as any unforeseen event or circumstance that is outside the reasonable control of the Agency and its Suppliers. This includes, but is not strictly limited to, declared Acts of God, natural disasters (such as typhoons, flooding, earthquakes, volcanic eruptions, or ashfall), global pandemics, civil unrest, political instability, strikes, acts of terrorism, Supplier insolvency, and governmental restrictions (including LGU mandates, Coast Guard advisories, or air traffic control disruptions). The Agency shall not be deemed in breach of this contract and is explicitly not liable for any service non-performance, delay, cancellation, or loss caused by an event of Force Majeure.

4.2. Operational Closure and Non-Refundable Substitution Protocol

When a specific attraction, activity, or logistical component is subject to unavoidable operational closure due to natural dependencies, environmental conditions, or governmental mandate (Force Majeure), the following policy applies to protect the logistical integrity of the Package:

Dependencies Disclosure: Activities reliant on nature (e.g., whale shark interaction in Donsol, Magpupungko tidal pools, Mt. Fuji visibility, sunset sails, Mayon Volcano viewing) are explicitly conditional. The Agency guarantees the logistical transport to the designated site but does not guarantee the presence of wildlife, optimal tidal conditions, or clear visibility.
Non-Refundable Substitution: If a scheduled, paid activity is cancelled due to weather, LGU mandate, or animal non-sighting (e.g., Donsol butanding non-sighting, Kawasan Falls operational closure, El Nido tour cancellation by Coast Guard):
- The Agency will first attempt to logically reschedule the activity during the trip.
- If rescheduling is determined to be logistically impossible, the Agency shall provide a pre-defined, non-refundable substitute activity or itinerary modification of equivalent cost and duration (e.g., a full-day Sorsogon city tour, alternative LGU-approved El Nido tour B/D, or an alternative Albay attraction).
- The Client acknowledges and accepts that no direct monetary refund will be issued for the original cancelled component, as the logistical and operational fees for managing the affected day have been incurred and utilized for the substitution.

SECTION 5: MANDATORY TRAVELER DOCUMENTS AND THE TRAVELER DEFAULT CLAUSE

5.1. Client's Sole Responsibility for Documentation

The Client explicitly acknowledges and accepts that they are solely and independently responsible for securing and possessing all required travel documents. This includes, but is not limited to, securing valid passports, all necessary visas, K-ETA or similar entry permits, and compliance with specific health declarations or vaccination mandates of the Philippines and the destination country. Passports must maintain a minimum validity of six (6) months beyond the final intended date of departure from the destination.

5.2. Mandatory Digital Compliance Waiver

The Client is contractually mandated to complete all free, necessary government digital declarations prior to scheduled departure. This mandatory compliance includes, but is not limited to, the Philippine eTravel declaration (required within 72 hours of both arrival and departure) and any equivalent destination country entry forms (e.g., Japan’s Visit Japan Web declaration or Korea’s K-ETA system, if applicable). The Client also bears sole responsibility for the payment of all mandatory government fees, including the Philippine Travel Tax, where not expressly included in the Package Price.

5.3. Consequence of Traveler Default

Any denial of boarding, denial of entry, or travel disruption resulting from the Client’s failure to possess valid documents (Section 5.1) or failure to submit mandatory digital declarations (Section 5.2) shall be classified as a "Traveler Default."

In the event of a Traveler Default, the Agency is not liable for any package refund, rebooking, or financial compensation. While the Agency will make a good-faith effort to assist the Client in recovering any potentially refundable portions from Third-Party Suppliers (e.g., specific hotel or airline tiers), the Client acknowledges that the Agency assumes no liability or guarantee of recovery. All internal Agency Service Fees (Section 2.2) remain fully earned and non-refundable. This clause serves to legally isolate the Agency from financial losses resulting from the Client's administrative negligence.

SECTION 6: GENERAL LIABILITY LIMITATION

6.1. Limitation of Liability

The Agency acts strictly as an intermediary and thus limits its exposure to damages. The Agency shall, under no circumstances, be held liable for any direct loss, indirect loss, consequential damages, lost profits, personal injury, illness, property damage, or inconvenience resulting from the actions, errors, or failures of any Supplier, government entity, or Force Majeure event. Should any form of liability be legally established against the Agency, that liability is strictly limited to the original Package Price paid by the Client for the specific affected component of the service.

6.2. Travel Insurance

The purchase of comprehensive travel insurance is highly and strongly recommended by the Agency to cover unforeseen events, including trip cancellations, medical emergencies, third-party supplier insolvency, flight interruptions, and baggage loss. The facilitation of travel insurance by the Agency does not constitute an assumption of liability for the Client's losses; the insurance policy remains a direct contract between the Client and the insurance provider.

SECTION 7: DATA PRIVACY AND CONFIDENTIALITY

7.1. Collection and Legitimate Purpose

The Agency strictly adheres to the Republic Act No. 10173, known as the Data Privacy Act of 2012 (DPA). The Agency collects and processes the Client’s Personal Identifiable Information (PII) and Sensitive Personal Information (SPI), such as passport details, solely for the declared, specified, and legitimate purpose of fulfilling the travel contract (e.g., ticketing, accommodation, insurance, visa assistance, and government compliance declarations).

7.2. Data Sharing and Consent

The Client grants explicit, verifiable consent for the Agency to securely share their PII and SPI with third-party Suppliers (airlines, hotels, local operators) and Agency Affiliates (e.g., insurance providers, visa processing services) strictly for the purpose of fulfilling the Booking and providing necessary services. The Agency undertakes to ensure that all parties receiving shared data implement appropriate security and confidentiality measures as required by the DPA.14 Data sharing for commercial purposes, including direct marketing, requires separate, specific consent, which is governed by a distinct data sharing agreement.

For any inquiries regarding your data, requests for deletion, or to exercise your rights under the Data Privacy Act, you may contact our Data Protection Officer directly at compliance@pearlhorizontravel.com.ph.

7.3. Retention

Personal data shall not be retained by the Agency longer than is necessary to fulfill the Booking's specified purpose and comply with mandatory legal, fiscal, and regulatory retention periods as dictated by Philippine law.

SECTION 8: GOVERNING LAW AND EXCLUSIVE VENUE

8.1. Governing Law

These General Terms and Conditions, and any resulting non-contractual obligations or disputes arising directly from this contract, shall be interpreted and governed exclusively by the substantive laws of the Republic of the Philippines.

8.2. Exclusive Venue for Dispute Resolution

The Client and the Agency mutually agree that any legal action, suit, or proceeding arising out of or relating to these GTC shall be filed exclusively in the proper courts of Alfonso, Cavite, Philippines, to the exclusion of all other courts of any other jurisdiction, venue, or province. The Client hereby waives any objection to such venue on the grounds of forum non conveniens or otherwise.

SECTION 9: ACKNOWLEDGEMENT AND FINAL ACCEPTANCE

By confirming a Booking with the Agency, whether through the payment of a deposit or full payment, or by utilizing any travel services coordinated by the Agency, the Client acknowledges that they have read, understood, and agreed to these General Terms and Conditions in their entirety. This acknowledgement is binding on the Lead Passenger and all Travelers named in the Booking.

SECTION 10: CUSTOMER SUPPORT AND REDRESS MECHANISM

10.1. Internal Redress Process

The Agency is committed to resolving Client concerns in a transparent and efficient manner. For any grievances or support requests, the Client must contact support@pearlhorizontravel.com.ph and include the relevant booking reference and a summary of the issue.

10.2. Role as Intermediary

For issues involving Third-Party Suppliers (e.g., airlines, hotels), the Agency acts as a facilitator. Immediate operational incidents, such as baggage claims or flight delays, must be reported by the Client directly to the Supplier’s on-site staff to ensure a timely record of the event.

10.3. Resolution Timelines

In compliance with the Internet Transactions Act, the Agency adheres to the following maximum timelines:

Acknowledgment: Within two (2) working days of receipt.
Resolution: Within seven (7) to fifteen (15) working days, depending on coordination requirements with global partners.

10.4. External Escalation

If a mutually satisfactory resolution is not achieved through the Agency’s internal mechanism, the Client retains the right to escalate the matter to the Department of Trade and Industry (DTI) for mediation.