Under Commercial Registration No. 473747 issued by the Ministry of Commerce, The Five Tour Operator Company operates the business of organizing outbound tourism trips.

Accordingly, this contractual agreement (“Agreement”) is concluded between The Five Tour Operator Company (“The Five”) and the Subscriber (“Subscriber”) for the purpose of providing outbound travel services to the Subscriber.

1. Services Provided

• The Five Tour Operator Company will provide outbound travel services to the Subscriber as described in the submitted itinerary.

• The Five Tour Operator Company will provide assistance and guidance with travel instructions to all its participants and will remain at your service throughout the trip.

• The Five will provide the customer with advice and guidance related to the travel destination, including the necessary equipment and appropriate clothing, to help them prepare appropriately for the trip. The participant will be notified of this via the website upon registering for the trip. The participant acknowledges their full and complete knowledge of all details and information they have accessed upon registration, and they are responsible for this, without any obligation on The Five to inform them of the requirements through any other means.

• The Five will provide first aid during emergencies, depending on the circumstances and conditions, and will endeavor to cooperate with local hospitals in the country of travel, if necessary, to complete treatment, taking into account that some tourist destinations do not have available medical services.

2. Participant Obligations

• Participants must arrive on time at the meeting point specified in the itinerary. Failure to do so will require them to arrange their own transportation to rejoin the group at the next part of the trip.

• The participant must comply with the health requirements and terms and conditions of The Five and its partners.

• The participant will be responsible for obtaining health and travel insurance coverage.

• The participant must follow the instructions, guidelines, and regulations of The Five and its guides throughout the trip.

• The participant is fully responsible for their own actions and personal safety outside the supervised activities and outside the areas designated by the tour guide.

• The participant is obligated to ensure that their passport is valid for at least 6 months from the trip departure date. The Five assumes no responsibility or legal consequences arising from the participant’s failure to comply with this requirement.

• The participant is solely responsible for obtaining the necessary travel visa for the destination country or countries. The Five assumes no responsibility if the participant fails to obtain the required visa or is refused entry by any immigration authority. These circumstances are not grounds for compensation or refund of any fees paid.

• The participant must disclose any medical conditions before completing the trip reservation. Some trips may require a certain level of physical fitness, and the participant is entirely responsible for assessing their ability to participate. The Five Company assumes no legal liability for any injury, loss, or complications resulting from a participant’s failure to disclose their medical condition or accurately assess their physical fitness.

• The participant must adhere to the trip schedule. If they leave without medical or legal reasons, The Five Company management disclaims any liability. They are not entitled to request support or assistance, nor are they entitled to request a refund of the subscription fees or any part thereof.

• If the participant is administratively or legally deported from the country of travel, this is considered a foreign cause beyond The Five Company’s control, in accordance with the provisions of Civil Law Articles (214 and 215) of Decree-Law No. (67 of 1980) promulgating the Civil Code. Accordingly, the company’s commitment to the trip is terminated, and the participant is not entitled to request a refund of the subscription fees.

3. Liability and Compensation

• If the subscriber suffers damage arising from an external cause beyond The Five’s control, such as force majeure, a sudden accident, the act of the injured party, or the act of a third party, the company is not obligated to provide compensation. Examples of such damages include accidents, theft, drowning, injury, illness, or death (God forbid). This is in accordance with the provisions of Article (233) of Decree-Law No. (67 of 1980) promulgating the Civil Code.

4. Independent Private Contracts

• Travel, tour guiding, and transportation services will be provided by independent companies and institutions. The Five has no control over these independent entities and disclaims all liability for any acts, omissions, or performance on their part.

• It is well known to both parties that The Five has no effective authority to supervise the tourism service providers. Accordingly, the principal is not liable for the actions of his subordinates, in accordance with the provisions of Article (240) of the Kuwaiti Civil Code. The Five shall not be liable to compensate subscribers in this regard under any circumstances.

5. Photography and Commercial Use

• The Five reserves the right to document (in writing or in photographs) the trip and the subscribers and to use them for commercial or promotional purposes.

• If subscribers wish not to publish their photos or videos on any social media, they must notify The Five in writing when registering for the trip. Failure to do so constitutes implicit consent to publication, without any liability to the company.

6. Travel Activities

• All activities will be supervised by professional guides, and safety procedures will be in place to ensure the safety of all participants. However, as with any activity, there are risks involved, and accidents can occur, ranging from minor injuries such as scratches, bruises, insect bites, and splinters to more serious injuries such as broken bones, sprains, ankle sprains, and even death.

• In the event of an emergency, The Five will provide emergency contact information and facilitate medical arrangements to the extent possible and reasonable. However, The Five will not be liable for any medical expenses incurred by the client under any circumstances.

• If the participant chooses to participate in organized activities, they are obligated to be present at the specified location and time. Failure to show up at the specified time will constitute a waiver of their right to participate and will not entitle them to a refund, compensation, or rescheduling of the activity.

• If you wish to participate in activities not included in the itinerary, you are responsible for arranging your own transportation and covering all expenses.

• Whale swimming trips are subject to weather conditions. If weather conditions do not permit the activity, we will either reschedule the activity on another day or time, subject to availability, or refund the cancelled activity.

• Some trips may include encounters with wildlife or marine animals or safaris. Because the behavior of wildlife or marine animals is inherently unpredictable, The Five does not guarantee the presence or appearance of wildlife or marine animals, the timing of sightings, or their behavior during these activities.

• All snorkeling trips with whales or other marine life take place in natural, open environments. Although The Five takes all reasonable precautions and employs experienced guides, customers should be aware that interactions with marine animals—including sharks—are possible. By booking such an activity, you acknowledge and agree that there are inherent risks, some of which are unforeseeable, including unpredictable behavior from marine life, changes in sea and weather conditions, the possibility of equipment failure, and the possibility of injury, illness, or more serious consequences. You also agree to follow all instructions and guidelines provided by The Five guides and staff, and understand that failure to do so may increase the risk and relieve The Five of any liability.

• On certain winter trips that include aurora viewing, the participant acknowledges that the aurora borealis is a natural phenomenon and sightings cannot be guaranteed. Its appearance, timing, and intensity are unpredictable and may vary significantly. Actual sightings may also differ from enhanced images displayed online or in promotional materials. The Five assumes no responsibility, and no refunds or compensation will be provided, if the Northern Lights do not appear or if the event does not meet the participant’s expectations.

• The Five reserves the right to immediately request the participant to leave the trip without refund if the participant acts recklessly and puts their life or the lives of others at risk.

7. Trip Itinerary

• The Five reserves the right to make changes to the submitted itinerary, tour guide, and to cancel at any time at its discretion. The participant will be notified of any changes through any available means of communication.

• The itinerary may be subject to change due to weather, road conditions, or other factors beyond our control, and cancellation may be necessary for safety reasons. If the contracted companies allow refunds for canceled activities, participants will be eligible for a refund accordingly.

• It is understood by both parties that it is difficult, for practical reasons, to provide documentation of refund policies from third-party service providers. However, The Five will endeavor to do so without requiring participants to provide documentation indicating this, as this is not possible.

• The Five reserves the right to cancel or postpone any trip due to human actions, such as war and terrorism, or due to uncontrolled natural forces such as natural disasters such as earthquakes, volcanoes, and epidemics.

• The Five is not responsible for any errors made by the participant in booking incorrect travel dates or international flights. No financial compensation will be provided, and no changes to the program will be made as a result of such errors. It is the participant’s sole responsibility to carefully review and confirm all booking details.

• The Five will make every effort to accommodate people with allergies, accommodate dietary restrictions, and provide halal food, but cannot guarantee this.

8. Accommodation and Transportation

• Hotel rooms may vary in terms of amenities, size, and view. Rooms are allocated at the sole discretion of the hotel management, and The Five is not responsible for any discrepancies or variations in the rooms allocated to the participant.

• Participants must adhere to the accommodations provided in the itinerary; no changes are permitted. If you choose to make changes, The Five will not be responsible for any additional costs or inconveniences that may arise.

• Participants arriving before or departing after the official trip dates must arrange their own accommodation reservations independently. Requests to combine their personal reservations with the group’s hotel reservations will not be accepted, as such requests create administrative and logistical burdens that fall outside The Five’s responsibility.

• Participants must adhere to The Five’s specified baggage size and quantity requirements. Excess or oversized baggage will not be accepted on transportation, and the participant is responsible for handling it at their own expense.

• Transportation during the trip will be shared either with other members of the travel party or with the public, unless explicitly stated to be private. All participants are required to review and agree to the final trip itinerary before commencing the trip.

• Hotel services and amenities, such as room service meals not included in the itinerary, minibar snacks and drinks, laundry, parking, spa services, gratuities, and other services, are the participant’s responsibility and are not included in the trip price.

• The Five Company does not bear any legal liability for any accidents, injuries, illnesses, damages, losses, or deaths that may arise or occur during any transportation or accommodation services provided, arranged, or facilitated as part of the tour program. This includes, but is not limited to, accidents that may occur within or while using vehicles, hotels, lodges, resorts, camps, or any other accommodation facilities. The participant expressly acknowledges that appropriate travel and health insurance is his or her sole responsibility. The Five Company disclaims all liability for any acts, omissions, or negligence committed by third-party service providers contracted with it to provide transportation or accommodation services.

 9. Code of Conduct for Participants:

• The Five is fully confident in participants’ adherence to the ethics, customs, traditions, and norms of their home country and country of travel. We also emphasize participants’ awareness and their civilized, fraternal treatment of one another, taking into account the social, educational, and psychological differences of each participant, to the benefit of all and to create a wonderful trip atmosphere filled with a sense of community and brotherhood.

10. Code of Conduct for The Five

• The consumption of alcohol, drugs, and illicit drugs is prohibited during the trip for safety reasons. Misconduct will result in the participant’s immediate return without the assistance of a guide or escort and without a refund.

• Participants are expected to adhere to dress codes consistent with the policies of their home country. For example, revealing clothing is prohibited in public places.

11. Payment and Trip Policies

• If a participant cancels a trip, they are not entitled to a refund of the booking deposit paid. If the subscription is canceled by The Five without force majeure or reasons beyond their control, such as cancellation due to insufficient capacity or the participant’s ineligibility to be a member of the trip, at The Five’s sole discretion, the participant is entitled to refund the full booking deposit.

• The participant acknowledges that international flights are not included in the trip costs specified by The Five. Therefore, the participant is responsible for booking these trips based on The Five’s recommendation. The participant is also responsible for travel insurance, personal expenses, taxes, additional meals, gratuities, and all other expenses not included in the costs announced by The Five in the trip quotation.

• Once the participant registers and makes any payment—whether a down payment (booking deposit) or the full subscription fee—for a specific trip provided by The Five, this payment is considered non-transferable or non-exchangeable for any other trip. The subscriber is not entitled to use or transfer the amount paid for any other trip, package, or service provided by The Five, unless an exception is granted at The Five’s discretion.

• If the subscriber requests to cancel their trip subscription, whether they have paid in full or in part, they are not entitled to a refund. However, The Five will endeavor to contact the service providers to attempt to refund a portion of the amounts paid by the subscriber, without any liability if we are unable to do so. The subscriber acknowledges that the nature of bookings with third parties makes it difficult to prove the inability to refund the amount, and therefore The Five is not required to prove this under any circumstances.

12. Cancellation and Refunds

• Please note that payment terms and cancellation policies vary from trip to trip, in accordance with the booking conditions and the cancellation policies of The Five’s third-party partners. Participants are responsible for reviewing the specific cancellation and refund policies listed in the “Payment Method” section of each trip on The Five’s official website.

• If The Five cancels the trip entirely, the participant is entitled to a full refund, excluding any non-refundable expenses such as international airfare, visa fees, travel insurance, or any additional costs incurred by the participant that were not included in the trip package. However, if the trip is canceled due to a number of participants’ failure to comply with the required procedures, such as failure to book international airfare within the specified timeframe or flight unavailability due to delays, The Five is not obligated to refund any amounts paid, as the cancellation in this case was not the result of negligence on the part of the company.

• Failure of the participant to attend the trip or any of the scheduled activities constitutes a final cancellation, and a 100% cancellation fee is charged. In this case, the participant is not entitled to claim any refund or financial compensation from The Five.

• No refunds will be given to participants who leave the trip early of their own volition. Unscheduled services such as transportation, meals, hotels, etc. are the participant’s responsibility.

• Failure to adhere to the specified payment deadlines will result in the automatic cancellation of the reservation by The Five, without any right to a refund, compensation, or credit for any amounts previously paid.

13. Nominating a Replacement Participant

If a participant is unable to join the trip for any reason and has paid a partial or full non-refundable amount in accordance with the applicable cancellation and refund policy for that trip, they are entitled to nominate a replacement participant to take their place on the trip. The responsibility for finding, nominating, and coordinating with a replacement rests entirely with the original participant. The Five is under no obligation to assist in finding a replacement participant. Acceptance of a replacement participant is at The Five’s sole discretion. All replacement arrangements, including the submission of required documentation and any related payments, must be completed within the timeframe and terms specified by The Five.If a replacement participant is approved, any refundable balance shall be returned to the original participant, excluding the non-refundable booking deposit and any transfer fees.

The Five shall not be held liable or responsible for any costs, expenses, or losses incurred by the participant in connection with services booked independently of The Five, including but not limited to international or domestic flight tickets, visa fees, personal insurance, or any additional third-party arrangements made by the participant.

15. Consent

1. By participating in an activity organized by The Five, I understand that there are inherent risks and voluntarily assume all risks associated with this activity, including injury or death, God forbid. I acknowledge that The Five has provided me with information about the nature, risks, and difficulties of the activity. Therefore, I accept full responsibility for any resulting consequences and waive all rights against The Five.

2. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in the trip, and I agree to bear all costs of such injury if I do not have adequate insurance. I also acknowledge that I am willing to assume the risks of any medical or physical condition I may develop.

3. I acknowledge that if I am injured or my property is damaged while participating in this activity, I acknowledge that The Five is not responsible for such damages and I hereby release The Five from any liability that may arise in accordance with the terms of this agreement.

4. I understand that The Five may make changes to the itinerary or cancel the trip for various reasons, and I agree to cooperate with The Five and its guides throughout the trip.

·      If there is a conflict between the Arabic and English versions, the Arabic version shall prevail.

I have had ample opportunity to read this entire document, have read and understood it, and agree to be bound by its terms.