General Terms and Conditions of Sales

Preamble: Status and collaboration with Nomadays

For your legal and financial peace of mind, Sawa’Discovery has joined the collective of local agencies Nomadays, its partner in France.

Nomadays is an accredited tour operator in France, which provides you with all guarantees, insurances, and protections under French jurisdiction before, during, and after your stay.

• Registration number Atout France: IM034190008
• Financial guarantee: APST, 15 avenue Carnot - 75017 Paris
• Professional liability: HISCOX, contract number HA RCP0303866, coverage 1,500,000 Euros

This alliance has been established to ensure, on one hand, the direct organization of your trip without intermediaries by Sawa’Discovery, and on the other hand, to offer you payment security and contractual security provided by any tourism company governed by French law.

In this regard, the quote is issued by Sawa’Discovery, as well as the travel documents that will be in your possession. The invoice, registration form, and online payment for services are processed under the name of Nomadays, which handles the payment of amounts due to Sawa’Discovery.

Special sales conditions

These special sales conditions are intended to govern the relationship between Sawa Discovery, a Thai company registered under number 0505562005528, tourist license 24/00692, represented by Mr. Sylvain RECOURAS-MASSAQUANT, headquartered in Chiang Mai (Thailand), 170/17 Moo 7 T.Pa Daet, A.Muang, telephone number +66(0)53-114-796, email [email protected] (hereinafter "the Local Agency"), and the Client (hereinafter "the Client").

The Client acknowledges having read these special sales conditions and the description of the chosen trip. Any purchase of a stay implies the unconditional acceptance of these special sales conditions.

I. Quote and Reservation

I.1. Quote and types of stays

Stays organized by the Local Agency may be of two main types:

• Fixed-date group tours
• Private tours (customized or according to predefined itineraries)

All these products are collectively referred to as "stays" in these special sales conditions.

Rates are calculated based on the specificities of each stay, activities, and planned services. The rates indicated on the website of the Local Agency are indicative and subject to revision.

The final rate is specified in the quote sent by the Local Agency. The quote may have a validity period beyond which the announced rate is no longer guaranteed.

If the validity period of the quote is exceeded, the Local Agency may, at the Client's request, provide a new quote.

I.2. Fixed-date group tours

Groups are formed by the Local Agency as reservations are received.

They consist of a minimum of three participants and a maximum of ten participants.

This maximum number cannot be exceeded without the agreement of all registered participants.

However, this maximum can be increased to eleven if the last reservation, while there are already nine registered participants, concerns two people traveling together, without the consent of the other already registered participants.

Departures are guaranteed from three participants onwards.

If there are only two registered participants, the Local Agency undertakes to proceed with the departure upon payment of a supplement, the amount of which varies depending on the tour and is indicated on its website, on the page for each stay.

If the two registered participants refuse this proposal, the Local Agency undertakes to offer them another stay from its own range with similar dates to the already booked stay; if necessary, the two participants may be directed to another travel agency.

If the participants refuse the different proposals, the Local Agency undertakes to fully refund the deposit paid within 15 days of their refund request.

Rates for this type of stay are specified on the website of the Local Agency on the page for each stay.

I.3. Private tours

Clients who wish to travel exclusively with their friends or family and without other travelers can privatize a stay. Departure and return dates are freely set, and the rate depends on the number of participants. Various rates are indicated on the website of the Local Agency on the page for each stay.

The privatized stay is customizable; services can be added or removed, and the itinerary can be modified. The rate may be adjusted accordingly. In this case, the Local Agency provides a personalized quote to the client.

The Local Agency undertakes not to add any additional participants to an exclusive group stay unless expressly requested by the group.

In case of cancellation by one or more members of the exclusive group, refer to paragraph 4.2.

I.4. Description of itineraries and services

The photos on the website of the Local Agency are intended to illustrate the descriptions of landscapes that the Client may see during their stay. They do not constitute contractual commitments on the part of the Local Agency.

Travel times are purely indicative and do not constitute contractual commitments.

Some trips may include encounters with the local population or even accommodations in local homes. The Local Agency undertakes to do its best to ensure that the encounters take place under the best conditions, particularly if the tour is guided, by working with guides who are skilled in interpersonal relations and capable of facilitating exchanges between locals and clients, but does not guarantee the quality of each encounter from one family to another or from one day to another.

Similarly, it should be noted that homestay accommodations may differ from hotel accommodations. A family may have constraints (work, illness, etc.) that temporarily prevent them from hosting clients under the best conditions.

I.5. Booking procedures

Any registration request must be made by email to the Local Agency or directly online from the Client Area accessible from the website of the Local Agency or our consortium's website www.nomadays.fr.

To log in to the Client Area, simply enter the username and password set during the first connection.

Registration is considered final once the online booking form is completed and upon receipt of payment of the deposit and/or balance depending on the registration date. Depending on the services chosen and the regulations of the country, a copy of the passport may be requested by the Local Agency. Failure to send a copy of the passport within the deadlines indicated by the Local Agency may result in the Local Agency being unable to guarantee the proper execution of the reserved services.

Once payment is made, a confirmation email is sent to the Client. It includes confirmation of payment as well as a downloadable electronic invoice.

An acknowledgment of receipt is sent electronically to the Client. In the event that the Client does not receive the acknowledgment of receipt, the reservation would nevertheless be considered final upon receipt by the Local Agency.

II. Payment Terms

II.1. Payment Schedule

Registration made more than 30 days before the departure date:

The Client must pay a deposit of 30% of the total amount of reserved services. In case of booking an internal flight or other transport ticket, the Local Agency may also request full payment for said ticket to confirm its reservation. The balance of the stay must be paid no later than 30 days before the start date of said stay.

Registration made less than 30 days before the departure date:

The Client must pay the total amount of the trip in one single payment.

In case of non-payment within the deadlines, the Local Agency reserves the right to cancel the services and apply the fees referred to in article 4.2 below.

As part of the trip, the Client has the option to subscribe to insurance services. The premium amount is payable upon registration.

II.2. Means of payment

Payments are made by:

• Credit card online, using the payment links available on the electronic invoice
• Bank transfer to the account of the company Nomadays

The electronic invoice is updated upon receipt of each payment and remains accessible at any time from the Client Area. It is downloadable and printable, among other functions.

III. Preliminary recommendations before the trip

III.1. Administrative and health formalities

Before embarking on the journey, the Client is advised to ensure compliance with administrative, customs, and health formalities (valid passport, possession of required visa, exit permits for minors, vaccination certificate, recommended vaccines). It is strongly recommended to verify all information with the relevant authorities. Neither Nomadays nor the Local Agency can be held responsible under any circumstances for consequences arising from the Client's non-compliance with police, customs, or health regulations, prior to and during the trip.

III.2. Information on security and health risks

The Local Agency recommends consulting the country-specific information sheet issued by the French Ministry of Foreign Affairs (MAE) on the website www.diplomatie.gouv.fr, under the "Travel Advice" section.

Please note that this information may change until the departure date, so it is advisable to check it regularly. The Client is also encouraged to regularly consult information disseminated by competent authorities regarding health risks associated with the trip and to follow health recommendations and measures to mitigate these risks, accessible on the websites www.sante.gouv.fr (French Ministry of Health and Sports) and www.who.int (World Health Organization).

III.3. Physical and psychological fitness

The Client must ensure that their physical condition is suitable for the planned trip. Levels of difficulty and comfort are specified in the descriptive sheet and travel documents. It is important to be in good health, and consulting a doctor is recommended. The Local Agency cannot be held responsible for any physical inadequacies revealed during the trip.

IV. Modifications and cancellations at the Client's request

IV.1. Modification of travel services

Any modification of services occurring after the signing of the registration form may be considered as a cancellation by the Client, followed by a new registration. Consequently, the Local Agency reserves the right to charge the fees specified in Article 4.2.

However, the Local Agency will endeavor to minimize modification fees.

Please note that these potential fees are non-refundable under the subscribed cancellation insurance.

IV.2. Conditions and cancellation fees

In the event that the Client is obliged to cancel the trip, they must inform the Local Agency and their insurer by any written means allowing for an acknowledgment of receipt, as soon as the cause of cancellation occurs. The date of issuance of the written notification will be considered as the cancellation date for billing cancellation fees. Generally, the insurance company assesses, based on documents directly provided by the Client, the date of the triggering event that led to the decision to cancel the trip in order to accept reimbursement of cancellation fees.

Scale of total cancellation fees:

• more than 45 days before the departure date: 30% of the total price including VAT of the trip
• from 44 to 31 days before the departure date: 40% of the total price including VAT of the trip
• from 30 to 14 days before the departure date: 50% of the total price including VAT of the trip
• from 13 to 7 days before the departure date: 75% of the total price including VAT of the trip
• less than 7 days before the departure date: 100% of the total price including VAT of the trip

Scale of partial cancellation fees, except for special cases:

If a traveler registered for a private trip cancels their participation while the trip is maintained for other participants:

• for personal services (not shared): the above cancellation fee scale will apply to the canceling traveler.
• for shared services: fees equal to 100%, regardless of the cancellation date, will be charged to the canceling participant based on their share of the shared services of the trip.

When several clients have registered under the same file and one of them cancels their trip, cancellation fees are deducted from the amounts received for that file, regardless of the payer.

Special cases:

• 100% cancellation fees may apply immediately upon registration for cruises and/or certain hotels.
• 100% cancellation fees may apply immediately upon registration for certain trip services (excursions, cooking classes, etc.). The "non-refundable service" mention will be specified on the trip quote if applicable.
• 100% cancellation fees apply to all domestic flights.

In case of cancellation, for any reason, external expenses to the trip contracted with the Local Agency and incurred by the Client such as transportation costs to the departure location of the trip and return home (airplane, train, or bus tickets), visa acquisition fees, travel documents, vaccination costs, cannot be refunded.
The provisions of the total cancellation fee scale and the partial cancellation fee scale can be combined with the provisions in the "Special Cases" paragraph.

IV.3. Assignment of contract

In case of contract assignment, the Client must inform the Local Agency by email no later than 7 days before departure. This assignment is subject to the availability of air transport and the suitability level of the assignee. It may result in additional costs (especially in case of flight ticket modification and nominative services), which will be charged to the designated assignee. In any case, the assignor and the assignee are jointly responsible for the payment of the trip price and any additional costs.

IV.4. Modification during the trip at the client's request

Any program modification requested by the Client can only be implemented after agreement with the Local Agency. The additional costs incurred by this modification remain the responsibility of the Client and must be settled directly with the Local Agency.

IV.5. Interruption of the trip

Any trip interrupted by the Client (due to health or other reasons) does not entitle them to any refund for unused services from the Local Agency. Additional expenses incurred as a result will not be covered by the Local Agency.

V. Modifications and cancellation by the Local Agency

V.1. Cancellation by the Local Agency

Events constituting force majeure (incidents or unforeseeable and insurmountable events such as: wars, political unrest, strikes, riots, weather conditions, natural disasters, etc.) may lead to the cancellation of the reserved trip. In such cases, the Local Agency and/or Nomadays will send an informational email to the client. The Client will then have the choice between a refund or transferring the amounts paid to another trip of their choice. However, the Client cannot claim any compensation payment from the Local Agency or Nomadays.

V.2. Modification of the trip

Between the confirmation of registration and the departure, program modifications (dates, times, itinerary, supervision, accommodations, etc.) may occur due to organizational difficulties or for security reasons. In such cases, the Local Agency will immediately inform the Client of these modifications via email. If this modification affects a significant element, the Client will have the option to either terminate the contract or accept the proposed modification by the Local Agency.

During the trip, program modifications (dates, times, itinerary, supervision, accommodations, etc.) may occur due to organizational difficulties or for security reasons. If replacement services can be proposed by the Local Agency, any additional costs will be covered by the Local Agency. In the absence of replacement services, except in cases of force majeure, the Local Agency undertakes to reimburse the price difference between the planned services and those actually provided.

The daily program involving a domestic flight may be modified, even after the start of the trip, depending on the final flight schedule (possible delays or schedule changes). The Local Agency cannot be held responsible for program modifications related to changes in the domestic flight schedule or delays.

V.3. Interventions by Guides

Traveling in a group inevitably involves compromises to adapt to external circumstances, the goals of the trip, the personalities, and the physical capacities of each participant. In this context, expedition leaders from the Local Agency and/or local guides may make decisions in the group's best interest, which may not necessarily align with the expectations of some participants. The good faith of the guides in making such decisions will never be questioned, and the Client agrees not to hold the Local Agency responsible for decisions made by the guides in the group's best interest.

The Local Agency reserves the right to refuse or discontinue the participation of any person in a trip if their behavior or physical condition disrupts the smooth running of the trip or is harmful to the safety, enjoyment, or interests of other trip members. The person asked to leave a trip for the above-mentioned reasons will be responsible for the costs incurred for leaving the excursion and returning home, and no claims or compensation requests will be considered by the Local Agency.

V.4. Interruption of the trip

Any trip may be interrupted at the guide's decision for duly justified reasons (safety, health, etc.). In this case, unless the interruption is due to force majeure, the Local Agency undertakes to reimburse the price difference between the planned services and those actually provided.

VI. Air Transport

VI.1. Transport services

The Local Agency does not handle the sale of international flights. The Client is solely responsible for arranging their transportation to the travel destination. However, it is recommended to consult the European list of banned airlines on the website ec.europa.eu/transport/air-ban/list_fr.htm before booking flights for the trip.

The Local Agency and Nomadays have partnered with "La Bourse des vols" to assist participants in booking international flights. The Local Agency may advise the Client on the most suitable flight for their trip. The flight is then to be booked directly through "La Bourse des vols", and the Client will be subject to the general terms and conditions of sale of the said company.

For flexibility, it is recommended to purchase changeable and/or refundable services and to allow sufficient transfer times between airports/stations.

In case of force majeure, an unforeseeable and insurmountable event by a third party, or by the Client, it is recommended to inform the Local Agency as soon as possible. The Client will be responsible for any service modifications and associated costs resulting from these events.

During the trip, domestic flights may be included. The Local Agency will inform the Client upon registration of the identity of the airline(s) likely to operate these domestic flights.

If changes occur after registration, the Local Agency will promptly inform the Client of any changes in the identity of the airline(s) before departure, once such information becomes available.

The Local Agency ensures that all airlines used are approved by the relevant administrative authorities.

VI.2. Transport Conditions

The general and specific terms and conditions of airlines can be accessed via their respective websites. In accordance with the Warsaw Convention, any airline may be required to modify schedules, routes, departure, and destination airports without prior notice. If due to airline modifications, particularly due to technical, weather-related, or political incidents beyond the control of Nomadays, delays, cancellations, or strikes outside the control of the Local Agency, additional stopovers, changes in aircraft, routes, political or weather events, the Client decides to cancel their trip, cancellation fees as per Article 4.2 above will be charged. The Local Agency will not reimburse expenses (taxis, hotels, transportation, meals, etc.) when the Client is under the airline's protection.

In case of transportation delays, lost luggage, denied boarding (overbooking), and/or flight cancellation by the airline, it is recommended that the Client retain all original documents (tickets, boarding passes, baggage tags, or others) to assert their rights with the airline and request written justification in case of denied boarding (overbooking) or flight cancellation.

The Client shall promptly submit a claim to the airline, considering the short deadlines, along with copies of supporting documents and retain the originals.

VI.3. Modification of Transport Services

Any modification of the first or last name after registration requiring the purchase of new plane tickets will result in fees equivalent to the price of the new tickets.

Therefore, the total price invoiced by the Local Agency may differ from that shown in the estimate, particularly due to adjustments in air transport costs (fuel surcharge adjustment, seat purchase, or change of transport class).

In case of Client-initiated trip modifications affecting domestic flights, the fees will be equivalent to the price of the new tickets.

VI.4. Reconfirmation

Any necessary reconfirmation of the return flight remains the full responsibility of the Client.

VII. Insurance

VII.1. Travel Insurance Policy

To participate in our trips, you must be insured for emergency repatriation and medical expenses abroad.

The Local Agency and Nomadays offer the Client a specific travel insurance policy tailored to the trips offered. This policy has been developed with CHAPKA ASSURANCES and AXA ASSISTANCE, and we strongly encourage you to review the contract developed with our partner and consider subscribing to it.

To subscribe to insurance, understand the coverage and rates, simply click on the following link: CAP EXPLORER and choose the policy that best suits your needs:

-Explorer'Multirisque (Comprehensive Coverage)
-Explorer'Annulation (Cancellation Insurance)
-Explorer'Assistance (Assistance Insurance)
-Explorer' Complémentaire Carte Bancaire (Additional Credit Card Coverage)

If you choose to subscribe to one of these policies, the terms detailing all coverage and claims procedures are available on the insurer's website. The Client is advised to read this information carefully. It is the Client's responsibility, before or during the trip, to contact the insurer directly to activate the insurance policy. The participant must keep this policy with them throughout the entire duration of their trip.

VII.2. Procedure for claim notification and processing

VII.2.1. Medical Assistance Request

The Client must contact Chapka Assurances for any medical assistance request 24/7.
Phone from France: 01 70 79 07 69 – Phone from abroad: +33 (0)1 70 79 07 69

Online: https://www.chapkadirect.fr/sinistre

VII.2.2. Other requests

In case of trip cancellation or any other incident covered by the subscribed travel insurance policy (loss of luggage, etc.), the Client is invited to make their claim online at the following address: https://www.chapkadirect.fr/sinistre

VIII. Minors

Requests for registration involving minors must be signed by the father, mother, or legal guardian and include the mention "consent of the father, mother, or legal guardian".

Minors traveling without their parents or legal guardians must, depending on the destination and in addition to the required identification documents for travel, have a valid authorization to leave French metropolitan territory.

Furthermore, contact information including a phone number and address must be provided to allow direct communication between the minor or responsible adult.

For minors traveling with one of their parents, legal guardians, or other adults, it is the responsibility of the accompanying person to ensure they possess all necessary documents to allow the minor to exit the territory (national identity card or passport and, if applicable, authorization to leave the territory).

IX. Price revision terms

The prices indicated in the quotes are established based on the following economic data:

• Transport and fuel costs,
• Fees and taxes related to included services, such as landing, embarkation, and disembarkation taxes at ports and airports,
• Exchange rates of currencies used in cost calculations.

These economic data are valid as of the date of the brochure and/or quote. In accordance with articles L 211-12, R.211-8 and R.211-9 of the tourism code, the prices specified in the contract are subject to revision, both upwards and downwards, to account for variations in transport costs (fuel/energy), fees, taxes, and exchange rates. The Client will be informed of any increase in the total price of the package, at the latest 20 days before departure. This increase will apply entirely to the price component affected. In the event of a price increase, already registered clients will be notified by registered letter with acknowledgment of receipt.

For any increase exceeding 8%, the Client will receive on a durable medium the details of the price variation, its impact on the package price, the option to accept or refuse within a reasonable period, and the consequences of not responding.

X. Liability

The Local Agency cannot be held responsible for the consequences of the following events:

• Loss or theft of airline tickets (airlines do not issue duplicates).
• Failure to present or presentation of expired or insufficiently valid identity and/or health documents (identity card, passport, visas, vaccination certificate…) or documents not complying with prescribed formalities at police, customs, or check-in.
• Failure to check-in (including delays in boarding).
• Incidents or unforeseeable and insurmountable events of a third party unrelated to the Local Agency such as: wars, political unrest, injunctions from administrative authorities, strikes outside the control of the Local Agency, technical incidents beyond the control of the Local Agency, airspace congestion, adverse weather conditions, delays (including delays in mail services for the transmission of travel documents), breakdowns, loss or theft of luggage or other belongings.
• Delays, possible cancellations, resulting from the above cases, including itinerary changes, cannot lead to any compensation whatsoever, particularly due to changes in the initially planned program duration or flight connections. Any additional costs related to disruption (taxes, hotel, parking, etc.) will remain the responsibility of the Client.
• Quality of infrastructures, telecommunication equipment, medical evacuations encountered during the Client's stay.
• Standard of medical treatment and services locally available, potential absence of a doctor or any person with medical skills, possible unavailability of certain medications.

The Local Agency reserves the right to modify dates, times, or itineraries if the Client's safety cannot be ensured.

XI. Data Protection

Requests for information and registrations are processed electronically.

Certain information must be provided to the Local Agency during registration and/or when requesting a quote. These are clearly marked with an asterisk. Failure to provide these may result in requests not being processed. Other requested information is optional. Nomadays and the Local Agency inform the Client that in order to execute the order for travel services, the Client's data will be communicated to the Local Agency's partners, providers of reserved services (hotels, carriers, etc.).

Furthermore, the Client's data may be used for commercial prospecting purposes by sending promotional or commercial offers from the Local Agency and the Nomadays collective, in accordance with legal provisions.

During navigation on the Local Agency's website, temporary cookies are placed on the user's computer to enable them to view and place orders on the site. To disable them, users should consult information specific to the browser used. Disabling cookies may prevent the consultation of the site.

In accordance with the French Data Protection Act No. 78-17 of January 6, 1978, every user of the site has the right to access, oppose, modify, rectify, and delete personal data concerning them. These rights can be exercised by postal mail addressed to:

Customer Relations Service at Nomadays

10 Allée Jean Bringer
34260 Le Bousquet d’Orb
[email protected]

XII. Complaints

As a direct consequence of our affiliation with the local agency collective Nomadays, any complaints regarding your trip must be addressed to the Customer Service at Nomadays using any means that allows for acknowledgment of receipt, as soon as possible after your return, accompanied by all supporting documents.

By mail: Customer Relations Service at Nomadays
10 Allée Jean Bringer
34260 Le Bousquet d'Orb

By email at the following address: [email protected]

After contacting Nomadays Customer Service and in the absence of a satisfactory response within a maximum of 60 days, the Client may contact the Tourism and Travel Mediator, whose contact details are as follows: MTV Médiation Tourisme Voyage – BP 80 303 – 75 823 Paris Cedex 17.

All procedures for filing a complaint are detailed on their website: www.mtv.travel