Terms & Conditions
Last Updated March 26, 2015
- Ticket Agreement
TourTrek’s ticket agreement for Tours you purchase through TourTrek can be found at www.GoBe.com/ticketagreement. In the event of a conflict between the terms and conditions contained in your Ticket Agreement, these General Terms and Conditions, the terms of any TourTrek advertisement or offer or the oral or written representations of any TourTrek representative, the terms and conditions of your Ticket Agreement shall govern.
- TourTrek's Role
TourTrek acts only as an Agent for independent tour operators (the “TPO”) who provide all Tours contracted with TourTrek. TourTrek provides a conduit for independent tour operators to sell their Tour Services to guests. TourTrek accepts no liability of any kind from any loss, damage, injury, costs or delays occurring from your use of the Tour Services. Tour Services are provided solely by the TPO and TourTrek bears no responsibility for the accuracy of any tour descriptions. Your participation in any Tour Services shall always be subject to the TPO’s own terms and conditions. TourTrek SEZC Ltd. (TourTrek) is an exempt corporation organized under the laws of Cayman Islands and does business under the names GoBe and TourTrek. TourTrek acts only as a limited agent of the applicable TPO for these Tours. In that capacity, TourTrek has no power or authority to enter into any agreements with a guest or member on behalf of the TPO. Any such agreements shall be entered into directly between the applicable guest or member and the applicable TPO and TourTrek is not a party to that contractual relationship.
Tour Services shall be considered as booked once 1) the applicable TPO has confirmed your request and 2) full payment has been provided and 3) you have agreed to TourTrek’s Terms and Conditions. All prices and availability will be confirmed within 48 (forty-eight) hours. A Confirmation will be sent to you at the email address you provide once payment in full has been received. Your confirmation shall contain a ticket for the Tour, a confirmation code and a description of the Tour to be provided. If you note any errors on the confirmation, you must notify TourTrek of the errors within 3 (three) days of TourTrek sending you the confirmation.
While TourTrek is committed to ensuring that the information and content on the TourTrek website is accurate and up to date, TourTrek reserves the right to modify, correct and update all of the information and pricing on the website. TourTrek reserves the right to amend and/or correct pricing of available content and confirmed arrangements at all times, with or without notice. Should a variation in currency exchange or an increase in taxes or fees imposed by any government or other authority occur, Tour Trek reserves the right to pass on such price increase to the Guest(s) in full.
Excluded from Tour Fare
The Tour fare does not include meals, beverages or any other item of a personal nature unless expressly included in the description of the Tour. The Tour fare does not include airfare, cruise fares, ground or baggage transfers, gratuities, or any other items not specifically included. The fare also does not include Customs and Immigration Fees unless specifically included.
- Group Travel
Policies for group travel may be available for select Tours. Please contact TourTrek for specifics.
REFUNDS, MODIFICATIONS, PRODUCT VALIDITY & AMENDMENTS
1. All products, tours and services offered by TourTrek are valid as per the dates displayed at GoBe.com or any TourTrek-affiliated website. TourTrek is not responsible or liable for any information that it does not directly provide.
2. TourTrek recognizes that plans may change and we will try to be accommodating. All requests for modifications/amendments to Tour Services must be directed to the GoTo Crew who will process the request. a. TourTrek does not charge a fee to amend or change the dates of an existing booking, as long as the request is received by the GoTo Crew more than three (3) calendar days prior to the date the Tour is to take place. If TourTrek pays a fee to amend or change an existing booking to a TPO or any other company, such fee will be charged to the Guest. All requests shall be submitted by the first named person on the booking. b. It is not possible to change or modify a special event, theater or show ticket. Sales of these tickets are final and cannot be amended after your original purchase is confirmed. c. If you request a date change within three (3) calendar days or less of your confirmed travel date, TourTrek will attempt to honor your request; however, such changes may incur an additional fee. For multi-day and overnight tours, date changes made within seven (7) business days of your confirmed travel date may incur additional fees from suppliers and/or service providers. d. All other date-change requests and amendments are subject to availability by suppliers and/or service providers. TourTrek cannot guarantee the success of any date-change request and the TPO, in its sole discretion, may deny change requests at any time. e. If you make a purchase using a TourTrek promotion code, or if you accept a discount or special-offer price during the TourTrek checkout process, you may invalidate your discount or special-offer price by making any changes or amendments to your itinerary once your purchase is complete. TourTrek may decide, at its sole discretion, to honor or deny your discount or special-offer pricing if you make a post-purchase change or amendment to your itinerary.
3. Occasionally suppliers and/or service providers make changes to tour dates, prices, inclusions, coverage, age requirements, etc. As a result, TourTrek reserves the right to cancel, change or substitute any service, tour, ticket or product that you have booked at TourTrek.com or through TourTrek-affiliated websites, at any time, and for any reason. a. In such cases, if you are dissatisfied with the alternatives offered, you are entitled to a full refund of the original purchase price. b. Notwithstanding the above, when TourTrek is informed in advance by agents, service providers and/or suppliers of a significant change to a booking and/or to a tour, product or event, TourTrek will make a reasonable effort to notify the consumer, travel agent and/or distributor as appropriate, in order to amend or re-issue the booking where feasible. TourTrek is not responsible for full mailboxes or malfunctioning electronic devices that delete, misplace, lose or block any communications that are sent for notification. c. TourTrek and/or TPO reserves the right to cancel any tour due to adverse weather, sea conditions or for any other reason and shall not be liable for any loss whatsoever to guests due to the cancellation. You will receive a full refund for any cancelled tour. However, you are assumed to have adequate travel insurance in place to cover any direct or indirect losses.
4. All personal items, including coats, cameras, handbags, and similar personal articles should remain at all times through the tour under your personal control. TourTrek is not responsible for the loss, theft, or damage of personal items while you are on tour.
5. No refunds will be made to any guest who fails to show up for a tour departure at the designated time and place, or who leaves, or otherwise does not use all of the services scheduled to be provided by an excursion. Most tours will operate in a variety of weather conditions, and no refunds will be made to any guest who chooses not to participate in a departing tour due to weather conditions. Members of any excursion who elect to leave the designated tour transportation must provide their own transportation at their own expense back to the landing place of the vessel, tour origination point or hotel, as applicable. Most tours will operate rain or shine. However, full refunds will be made to guests holding tickets for canceled Tour Services.
6. A TPO may decide to offer both adult and child prices based on the age ranges that the TPO designates for a child. The age of a person will be determined by the operation date of the tour selected. It is the responsibility of the guest to make appropriate adult and child reservations based on the ages of the guests group members and the age ranges designated by the TPO.
7. There are some excursions that for safety reasons, height, weight and/or age restrictions apply. These restrictions are imposed by the individual TPO. It is your sole responsibility to book only tours for you and all members of your party, and to comply with any participation and activity restrictions. If you have selected a tour with minimum height, weight and/or age requirements, by booking the tour you are representing that you and all guests listed on the booking meet the minimum requirements. The TPO will have the final decision regarding whether a guest meets the requirements for the Tour Services.
8. Guests under the age of 18 years are not permitted to participate in any tour without a parent or guardian.
9. There are some Tour Services that are considered strenuous activity. If a Tour Service description indicates that the level of the tour is strenuous, Guests must consider their physical fitness level and medical history when determining whether such a tour is appropriate. Guests with pre-existing neck, back, knee and/or shoulder injuries, cardiac conditions, asthma, diabetes, epilepsy, other heart or respiratory conditions or any other medical condition must take particular caution when selecting a tour categorized as "strenuous". All tours with snorkeling and/or swimming elements are considered strenuous activity since such water activities could be subject to adverse sea conditions such as high winds, waves and sea current.
10. DO NOT PARTICIPATE IN ANY TOUR, RIDE, ACTIVITY OR ATTRACTION, IF YOU ARE PREGNANT OR BELIEVE YOU MAY BE PREGNANT OR TRYING TO BECOME PREGNANT WITHOUT FIRST CONSULTING WITH YOUR PERSONAL PHYSICIAN PRIOR TO BOOKING THE TOUR AND AGAIN PRIOR TO LEAVING FOR YOUR TOUR. TOURTREK DOES NOT, AND CANNOT, GUARANTEE YOUR HEALTH, AND YOU FULLY ASSUME ALL RISKS OF ANY TOUR, RIDE OR ACTIVITY IN WHICH YOU CHOOSE TO PARTICIPATE
11. Guests who have concerns must consult with their personal physician before engaging in any activity that may be strenuous for them.
12. If you are traveling by cruise ship and you are not returned to the ship in time to board, TourTrek will arrange the necessary transport to the next port-of-call. You must indicate that you are a cruise guest at the time of booking your tour for this policy to apply to your Tour Services. This policy applies only to TourTrek’s contracted local TPOs and only when, through no fault or action of your own, you are not returned to the ship in time to board. The policy is void in instances where delay is caused by your own actions and/or you have deviated from the TourTrek activity or tour. You must supply TourTrek with correct arrival and departure ship information and ensure there is enough time (minimum of 2 (two) hours) between the tour end time and the ship departure time. This policy excludes car rentals and Private Tour Guides. You must contact TourTrek directly to request next port-of-call transportation arrangements as guests cannot book their own travel. TourTrek will select and book travel to the next port of call.
13. If your ship misses a port of call or is delayed beyond the commencement time of your GoBe Tour, you must contact TourTrek within fourteen (14) days of the scheduled tour departure and provide supporting documentation for the requested refund. Pending verification of the ship’s actual itinerary, TourTrek will issue you a refund. The guest has an obligation to use reasonable efforts to notify TourTrek when a change to a cruise itinerary occurs that will impact your Tour’s start time.
14. Delayed or cancelled airline flights used to arrive at the port or location of the Tour Services will not be considered as a justification for a refund of unused Tour Services. 15. Group bookings may be non-refundable in TourTrek’s sole discretion.
- Pricing & Inclusions/Exclusions
16. Prices listed on TourTrek.com and TourTrek affiliated websites are per person in U.S. dollars, unless otherwise specified. The payment for the Booking does not constitute a withholdable payment under sections 1471 through 1474 of the Internal Revenue Code, commonly referred to as “FATCA” or “chapter 4.” Furthermore, the payment does not constitute a U.S. source payment of Fixed, Determinable, Annual or Periodic Income.”
17. Prices are based on the local tariff at the time of quoting, converted at the prevailing foreign-exchange rate as determined by TourTrek.
18. Price quotations are subject to change without notice, until a booking has been confirmed.
19. Unless otherwise specified, prices do not include customs and immigration fees or penalties, passenger-facility charges or international transportation tax. TourTrek will pass any of these price increases on to you in full, however, if this means that you have to pay an increase of more than 10% of the price of your confirmed Tour Services (excluding any amendment charges and/or additional services or arrangements), you will have the option of accepting a change to another excursion if TourTrek is able to offer one, or cancelling and receiving a full refund of all monies paid to TourTrek, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements.
20. Prices do not include tips/gratuities to tour directors, drivers or local guides; passport and visa fees; baggage and personal insurance; any items of a personal nature; and any beverages or food not specifically listed under “Amenities” on the product pages of TourTrek.com or TourTrek affiliated websites.
21. Attire - When deciding what to wear, we suggest you check the weather in the area you are visiting and look for the dress code icon in the tour description regarding appropriate dress code.
22. Tour Transportation - Please keep in mind that transportation varies throughout the world. Transportation used for tours may not have air conditioning, restroom facilities and/or seat belts/restraints.
- Payment & Cancellations
23. TourTrek accepts the following credit cards: MasterCard, Visa, American Express and Discover. a. TourTrek does not charge a service fee for processing credit or debit card payments. However, the value of the transaction may be subject to taxes, foreign transaction, currency exchange or other fees. Your bank or credit or debit card company may convert the payment into the local currency and charge fees, resulting in differences between the amount displayed on TourTrek.com and TourTrek affiliated websites, and the final amount charged to your bank account or credit or debit card statement. Please contact your bank or card company if you have any questions concerning any applicable conversion or fees. b. Full payment by credit or debit card is required to make a reservation. Payment will be listed as TOURTREK SEZC LTD. or TOURTREK on the credit or debit card statement.
24. No refunds are available once a tour or service has commenced, or in respect of any package, accommodation, meals or any other services utilized. 25. While TourTrek recognizes that plans can change, canceling a booking with TourTrek can result in cancellation fees being applied by TourTrek, as outlined below. Additional fees may be levied by the individual TPO (see your TourTrek Ticket and the tour description on the TourTrek or affiliated TPO’s website for specific details). When canceling any booking you will be notified via email of the total cancellation fees.
a. Event, Attraction, Theater, Show or Coupon Tickets are non-refundable in all circumstances.
b. Gift Certificates are non-refundable in all circumstances.
c. Other Tour Products & Services:
• If you cancel at least 7 (seven) calendar days in advance of the Tour Services, there is no cancellation fee.
• If you cancel between 3 (three) and 6 (six) calendar days in advance of the Tour Services, you will be charged a 50% cancellation fee.
• If you cancel within 2 (two) calendar days in advance of the Tour Services, you will be charged a 100% cancellation fee.
- Private Tour Guides
26. TourTrek provides guests with information regarding Private Tour Guides and Escorts in many destinations. Private tour guides and escorts are independent contractors and not agents or affiliates of TourTrek.
27. Guests are responsible for working directly with private tour guides/escorts on scheduling, meeting time/place, tour specifics and, where specifically noted, payment terms. TourTrek makes no representations or warranties of any kind regarding private tour guides/escorts or their services.
28. By booking a private tour guide/escorts, guests acknowledge and agree that, in addition to TourTrek's standard Terms and Conditions, neither TourTrek nor its agents are liable for any accidents, losses, injuries, damages, delays, expenses due to any action or inaction on the part of the guide/escort or his/her services.
- Force Majeure
29. Except where otherwise expressly stated in these booking conditions TourTrek will not be liable or pay you compensation if TourTrek’s contractual obligations to you are affected by any event which TourTrek or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside TourTrek’s or the TPO’s control.
- Special Requests
30. Any special requests must be advised to TourTrek at the time of booking. You should then confirm your requests in writing. Whilst every effort will be made by TourTrek to try and arrange your reasonable special requests, TourTrek cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation ticket or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract by TourTrek unless the request has been specifically confirmed. TourTrek will not accept bookings that are conditional upon any special request being met.
- Disabilities & Medical Problems
31. TourTrek is not a disabled excursion provider specialist; however, TourTrek will do its utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability that may affect your tour experience, please provide TourTrek with full details before confirmation of your booking so that TourTrek can advise you as to the suitability of your chosen arrangements. Acting reasonably, if TourTrek is unable to properly accommodate the needs of the person(s) concerned, TourTrek will not confirm your booking or if you did not provide full details at the time of booking, TourTrek will cancel the booking and impose applicable cancellation charges when TourTrek is made aware of these details.
- TourTrek Tickets
32. You will receive a TourTrek Ticket for each tour, event or service booked via email. In order to access and print your TourTrek Ticket(s), you will be provided access to a secure webpage hosted by TourTrek that contains a link to your TourTrek Ticket.
33. You must provide the original, authentic TourTrek Ticket to the appropriate TPO in order to redeem your tour or package. Your reservation may not be honored or redeemed without presenting a valid TourTrek Ticket.
a. For security purposes, when redeeming your TourTrek Ticket you may be requested to present a valid Photo ID. This is for identification purposes and helps us to prevent fraud.
b. In some cases TourTrek may also require that you present the credit or debit card used to purchase your tour or ticket at the time of redemption. This generally applies only to attraction and show tickets, and helps prevent credit card misuse. You will be advised at checkout whether or not you must present the credit or debit card used for booking. In some cases TourTrek may waive this requirement, generally to facilitate gift purchases.
c. If you make a purchase using a TourTrek Gift Certificate, TourTrek requires that you present the Gift Certificate used to purchase your tour, ticket or package at the time of redemption.
d. Please note that your Ticket(s) may not be honored if your signature and/or name do not match those shown on either your credit or debit card or Gift Certificate.
e. See your Ticket contract for additional terms and conditions applicable to your purchase of and participation in a tour purchased through TourTrek.
- Passports, Visas & Insurance
34. It is the responsibility of all guests, regardless of nationality and destination, to check with the consulate of the country they are visiting for current entry requirements.
35. As visa and health requirements are subject to change without notice, all guests are recommended to verify health and visa requirements with the appropriate consulate prior to departure.
36. TourTrek strongly recommends that you purchase a comprehensive Travel Insurance Policy prior to departure. If you cancel your trip or significantly alter travel dates, many travel insurance policies will reimburse the cost of cancellation fees and related expenses.
- Disclaimers & Limitations of Liability
37. YOUR TICKET AGREEMENT CONTAINS LIMITATIONS ON OR EXCLUSIONS RELATED TO TOURTREK’S LIABILITY TO GUESTS RELATED TO TOURS PURCHASED THROUGH TOURTREK. PLEASE REVIEW THOSE LIMITATIONS AND EXCLUSIONS CAREFULLY.
38. TourTrek’s content - including the information, names, images, pictures, logos, prices, dates, and availability regarding or relating to TourTrek, TourTrek.com and/or to a TourTrek affiliated website, service provider, TPO and/or distribution partner is provided “AS IS” and on an “AS AVAILABLE” basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
39. At TourTrek we check and recheck the details about all the products and services offered for accuracy. However, TourTrek does not warrant that functionality, content or information contained on TourTrek.com or any TourTrek-affiliated website will be uninterrupted or error free, that defects will be corrected, or that TourTrek.com or the servers that make it available are free of viruses or bugs.
40. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
- Claims, Notice, Requirements/Time Limits
41. YOUR TICKET AGREEMENT ALSO INCLUDES VARIOUS TIME LIMITS WITHIN WHICH YOU MUST NOTIFY TOURTREK OF ANY PROBLEMS RELATED TO OUR TOUR OR COMMENCE ANY ACTIONS AGAINST TOURTREK. THE TICKET AGREEMENT MAY ALSO SPECIFY WHERE ANY CLAIMS AGAINST TOURTREK MUST BE FILED. THESE LIMITATIONS ARE IMPORTANT SO PLEASE REVIEW THEM CAREFULLY.
42. TourTrek shall in no event be liable for the loss of or damage to cash, negotiable securities, gold, silverware, jewelry, ornaments, works of art, photographic/video/audio equipment or supplies, laptop computers, cellular phones or other valuables.