GoBe's General Terms And Conditions
TOURTREK'S BOOKING TICKET AGREEMENT
This Ticket Agreement forms the basis of your contract with TourTrek SEZC Ltd. (TourTrek), an exempt corporation organized under the laws of Cayman Islands having a principal place of business located at Brit Cay House, 236 Eastern Avenue, Suite BH201, Grand Cayman. Please read these terms carefully as they establish our respective rights and obligations.
A. BOOKINGS MADE THROUGH THE TOURTREK WEBSITE OR A TOURTREK AFFILIATED WEBSITE.
TourTrek offers through its website, located at www.gobe.com (the "TourTrek Site"), through certain white label arrangements it has with participating travel agencies and travel partners (the "TourTrek Affiliated Websites") and through its call centers ("Call Centers") selected tours and tickets for events ("Tours") that are provided by tour organizers, hotels, carriers and other independent third party operators (each a "TPO").
Unless otherwise stated in writing by TourTrek, this Ticket Agreement applies to your purchase of any Tours from TourTrek (each purchase of a Tour is a "Booking.") The person making the Booking shall be deemed to have accepted this Ticket Agreement on behalf of all other persons named in that booking and hereby represents and warrants that he or she has the authority to do so.
Each TPO is an independent entity that is not the agent or employee of 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. For the avoidance of doubt, TPO and TourTrek's relationship does not give rise to a partnership for tax purposes. Furthermore, TPO does not have any power, right or authority to bind TourTrek or to assume or create any obligation or responsibility, express or implied, on behalf of TourTrek or in TourTrek's name.
B. THE BOOKING PROCESS.
When you purchase a Tour from TourTrek, you make a request for TourTrek to submit to the applicable TPO a booking request. Before we can submit a booking request, you must: (a) accept this Ticket Agreement; and (b) provide a valid form of payment and authorization to submit the same as payment for the proposed Booking. Upon receipt of the foregoing, TourTrek will submit your booking request to the applicable TPO for each applicable Tour.
If the TPO accepts the booking request, you will be sent a ticket via e-mail confirming your Booking. Please review that ticket to confirm that it accurately represents the purchase you wanted to make. The pricing for your Tour will become confirmed and is subject to TourTrek's cancellation and change policies.
If the TPO rejects the booking request, TourTrek will cancel the booking request and your form of payment will not be charged (or an appropriate refund will be provided to that same form of payment.) 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.
Any changes to a Booking, including but not limited to cancellation of a Booking, shall be governed by the provisions of Section D below.
NOTE: IF YOU ARE OR A MEMBER OF YOUR PARTY IS A CITIZEN OF THE CAYMAN ISLANDS, YOU MUST NOTIFY US IMMEDIATELY. DUE TO LEGAL RESTRICTIONS, TOURTREK CANNOT ACCEPT BOOKINGS FOR TOURS TAKING PLACE IN THE CAYMAN ISLANDS WHERE THE PURCHASER OR ANY OTHER PERSON COVERED BY A BOOKING IS A CITIZEN OF THE CAYMAN ISLANDS.
C. TOUR DESCRIPTIONS AND MINIMUM REQUIREMENTS.
TourTrek obtains descriptions of the Tours from the TPO who actually operates the applicable Tour. Those descriptions are subject to change at any time without notice. Among other things, the TPO for a Tour may change the Tour dates, change the rates for the Tour, include or exclude certain components of the Tours, change the itineraries, health requirements, age requirements or other matters related to the Tour. In addition, these changes may apply to existing Bookings as well as new Bookings. TourTrek is not responsible for or liable for any information that it does not directly create and provide on its own.
It is your sole responsibility to book only Tours for which you and all members of your party comply with any participation, including but not limited to strenuous activity, requirements or 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 and each member of your party can safely handle the level of strenuous activity involved with the Tour. Both TourTrek and the applicable TPO reserve the right to decline to accept anyone on a particular Tour who either has a condition that could create a hazard for the guest or others or whose condition may otherwise impact the enjoyment of other passengers on the Tour. TourTrek's or TPOS' decision on these matters shall be final. Guests who have concerns must consult with their personal physician before engaging in any activity that may be strenuous for them.
It is the sole responsibility of the guest and each member of your party to identify, obtain and have in his or her possession any passports, visas, health certificates, proof of vaccinations and any other required documentation needed for the countries or areas to be visited during the Tour. Each guest and members assumes full responsibility to determine through their respective travel agent or the appropriate government authority the necessary documents. TourTrek shall not be held liable for any consequences, damages or claims if the guest or member does not obtain or possess any required travel documentation and related matters as contemplated herein.
D. CHANGES AND CANCELLATIONS.
You may cancel a Tour subject to TourTrek's Cancellation Policy for that Tour. TourTrek's default Cancellation Policy is set forth below. That default policy shall apply unless TourTrek's description of the Tour provides a different cancellation policy. Similarly, Tours are non-transferable except as otherwise expressly provided in TourTrek's description of the Tour. 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. By leaving early, you will become solely responsible for arranging for and paying for transportation from the location at which you departed the Tour.
CANCELLATIONS BY THE GUEST.
- TourTrek Cancellation Charges For Cancellations by the Guest.
While TourTrek recognizes that plans can change and we will try to be accommodating, canceling a Booking with TourTrek can result in cancellation fees being applied by TourTrek, as outlined below.
- Event, Attraction, Theater, Show or Coupon Tickets are non-refundable in all circumstances.
- Gift Certificates are non-refundable in all circumstances.
- Other Tour Products & Services:
- If you cancel at least 7 (seven) calendar days in advance of the Tour, there is no cancellation fee.
- If you cancel between 3 (three) and 6 (six) calendar days in advance of the Tour, you will be charged a 50% cancellation fee.
- If you cancel within 2 (two) calendar days in advance of the Tour, you will be charged a 100% cancellation fee.
- Cancellation Charges.
When canceling any booking you will be notified of the total cancellation fees at the time you make a cancellation request and a confirmation of the cancellation and fees will be provided via email.
- TourTrek Cancellation Charges For Cancellations by the Guest.
DELAYS AND CANCELLATIONS BY THE TPO OR TOURTREK.
- Cancellation by the TPO.
In the event that the TPO cancels your Tour, TourTrek's sole obligation shall be to provide you with a refund of your Tour purchase price. In the event of any cancellation, overbooking, strike, force majeure or other causes beyond their direct control, TourTrek's sole obligation shall be to provide you with a refund of your Tour purchase price.
- Cancellation by TourTrek.
TourTrek reserves the right to cancel any Tour due to late arrival of a flight or vessel, itinerary changes, adverse weather, sea conditions or for any other reason and shall not be liable for any loss whatsoever to guests due to the cancellation. TourTrek also reserves the right to accept or reject any person as a Tour participant and to expel any participant from the Tour. In the event of a Tour cancellation by TourTrek, a guest must inform TourTrek in writing of the cancellation within fourteen (14) days and upon verification, the amounts paid by guest for the cancelled Tour shall be refunded to Guest. 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.
- Cancellation by the TPO.
TourTrek recognizes that plans may change and we will try to be accommodating. Unless otherwise specified in TourTrek's description of the Tour, you may make a change to the date or other reasonable changes (excluding multiday Tours, overnight Tours, special events, theater or show tickets) at any time up to 72 hours prior to the start of the Tour. In that event, we will inform you if there is a change fee assessed by the TPO for that change and you agree that the fee must be paid to TourTrek prior to making any change. TourTrek does not assess its own fee for such changes although we reserve the right to limit the number of changes that can be made.
No changes to special event, theater or show ticket events are permitted.
If you desire to make a change within 72 hours of the start of the Tour, please contact TourTrek to discuss availability. If you desire to make a change to a multi-day or overnight Tour, please contact TourTrek to discuss availability. In either case, additional charges, assessed either by TourTrek or the TPO or both, may apply.
Occasionally TPOS make changes to or cancel tour dates, prices, schedules, included activities/venues, mode of transportation used, age requirements, physical activity levels, etc. for any reason. In addition, a TPO may decline to provide a Tour to a guest at any time. If the Tour is cancelled, the provisions of Section 2.a above shall apply. If the Tour is altered and you are dissatisfied with the alternatives offered, you are entitled to a full refund of the original purchase price.
TourTrek shall have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority resulting from the cancellation or delay or overbooking of your Tour for any reason.
E. LIMITATIONS OF LIABILITY.
TOURTREK SEZC LTD. AND ITS PARENT CORPORATIONS, SUBSIDIARIES AND AFFILIATES (THE "TOURTREK ENTITIES") ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY TPO. THE TOURTREK ENTITIES ACCEPT NO LIABILITY OF ANY KIND FROM ANY LOSS, DAMAGE, INJURY (PERSONAL OR OTHERWISE), DEATH, COSTS OR DELAYS RESULTING FROM YOUR USE OF TOUR SERVICES SAVE WHERE CAUSED BY TOURTREK'S NEGLIGENCE. TOURTREK DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE TOURS, INCLUDING BUT NOT LIMITED TO, ANY SHORE EXCURSION, TOUR, HOTEL, AIR, CRUISE, CAR AND OTHER TRAVEL PRODUCTS AND SERVICES DISPLAYED ON THE TOURTREK WEBSITE OR IN TOURTREK MARKETING MATERIALS (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.).
SAVE WHERE CONTRARY TO APPLICABLE LAW, IN NO EVENT SHALL THE TOURTREK ENTITIES AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR BOOKING OR USE OF ANY TOURS.
IF, DESPITE THE LIMITATION ABOVE, THE TOURTREK ENTITIES OR THEIR RESPECTIVE SUPPLIERS ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN, SAVE WHERE CONTRARY TO APPLICABLE LAW, THE LIABILITY OF THE TOURTREK ENTITIES AND/OR THEIR RESPECTIVE SUPPLIERS WILL IN NO EVENT EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE SERVICE FEES YOU PAID TO TOURTREK IN CONNECTION WITH YOUR BOOKING, OR (B) ONE-HUNDRED DOLLARS (US$100.00) OR THE EQUIVALENT IN LOCAL CURRENCY.
THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS TICKET AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS TICKET AGREEMENT INURE TO THE BENEFIT OF THE TOURTREK ENTITIES AND/OR THEIR RESPECTIVE SUPPLIERS.
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.
Unless otherwise provided by applicable law,
- this Ticket Agreement will be governed by and construed in accordance with the laws of the Cayman Islands, excluding that body of laws known as conflicts of law;
- Unless otherwise prohibited by applicable law, any legal action or proceeding arising under this Agreement will be brought exclusively in the courts of the Cayman Islands and the parties irrevocably consent to the personal jurisdiction and venue therein;
- You must notify TourTrek of any problems or issues concerning your Tour within seven (7) days after the end of the applicable Tour and must commence your action or proceeding against TourTrek within eight (8) months after the end of the applicable Tour. Time shall be of the essence with respect to these deadlines.
G. TPO TERMS AND CONDITIONS MAY ALSO APPLY.
PLEASE NOTE: Additional Terms and Conditions May Apply To Your Booking. By making a Booking, you acknowledge that some TPOS require participants in their Tours to sign waivers or releases prior to participating in the Tour. You agree that your violation of any of the rules or restrictions of the TPO may lead to the cancellation of your Tour. In that case, your payments for the Tour may be forfeited and you agree that TourTrek may debit your account for costs we incur as a result of those violations.
H. USE OF IMAGES.
Each guest and member grants TourTrek and its Affiliates the right to include photographic, video and other visual portrayals of guest and member in any medium of any nature whatsoever for any purpose including without limitation trade, advertising, sales, publicity or otherwise, without compensation to guest or member, and all rights, title and interest therein (including all worldwide copyrights therein) shall be TourTrek's sole property, free from any claims by guest, member or any person deriving any rights or interest from guest or member.