Terms and Conditions
- Thank you for choosing to travel with GoKo Travels. We aim to provide our clients with access to exclusive escapes and experiences across the world, with a strong focus on eco-tourism and it is our pleasure to act as your travel agent on this occasion.
- This agreement explains what you are legally entitled to expect from us, and your obligations as our customer.
- These terms and conditions apply to anything you book through GoKo Travels Limited.
- This agreement is between:
- (a) GoKo Travels Limited is a company incorporated in England & Wales (registration number 11557748) whose registered office is 67 Canterbury Innovation Centre, University Road, Canterbury, Kent, CT2 7FG (“GoKo Travels”, or “Us”), and
- (b) You
- Both the above parties are collectively referred to as “the Parties”.
- You’, being any person travelling or intending to travel on a tour operated or holiday organised by us, including any person who is added or substituted after booking.
- ‘Partner’, being a third-party supplier and service provider selected by us to deliver you with services You purchase from Us.
- ‘Experience’, being a tour, holiday or stay arranged with one of our Partners, through Us.
- ‘Terms’, being these terms of booking.
- ‘Package’, being Your Experience will be a deemed to be a Package if: (1) it is a pre-arranged combination of at least two of the following components: a) transport; b) accommodation; and c) other tourist services not ancillary to transport or accommodation which account for a significant part of the arrangements; and (2) the services are sold or offered for sale at an inclusive price; and (3) the services cover a period of more than 24 hours or include overnight accommodation.
- ‘Group Booking’, being where you are making a reservation on behalf of others.
PRODUCTS AND SERVICES
- We provide You with limited access to a variety of carefully curated travel-related tours and products from our selected Partners which You can book through Us.
YOUR AGREEMENT WITH US
- By booking your Experience with us, You are agreeing to be bound contractually by the all the terms of this agreement, plus any additional terms and conditions that one of our Partners may notify You of in relation to a specific Experience.
BREACH OF TERMS
- Should you breach these Terms, this may result in (1) a cancellation of your purchase/ reservation, (2) you being denied access to the applicable travel-related product or service, and (3) our right to debit your account for any costs we incur as a result of such violation.
AUTHORITY TO ENTER INTO CONTRACT ON BEHALF OF OTHERS
- Where making a Group Booking, You warrant that You are at least 18 years old and have full authority to enter into a contract on the basis of these conditions on behalf of all persons named on the booking and confirms that all such persons are fully aware of and accept these conditions.
- You confirm that neither You, or any persons named on the booking suffer from any pre-existing medical condition or disability which may prevent You or them from actively participating in the Experience.
- Please note that a booking is accepted and becomes definite only from the date when GoKo issues a confirmation invoice to the client who makes the booking via our website. It is at this point that a contract between GoKo Travels and you, as the client, comes into existence.
COMMUNICATION WITH YOU
- When you book with GoKo Travels, we will communicate with you by email. We may also contact you by telephone and/or post if we cannot, contact you via email. Please check your emails on a frequent basis. Certain documents may need to be sent by post. You should contact us by email if you need to do so for any of the reasons mentioned in these booking conditions (for example, to request an amendment or to cancel your booking).
- By finalising your arrangements with us, you are accepting that these terms and conditions and the terms and conditions of any contract made with any other suppliers of travel services within your arrangements apply to your booking and your travel arrangements. You also consent to our processing of personal information about you and other members of your party for the purposes of performing our obligations in relation to your booking, which includes, but is not limited to, giving your personal information to other suppliers of travel services and public authorities, such as customs or immigration where this is required for the fulfilment of your arrangements.
- You expressly acknowledge that the Company’s processing of your personal data and sensitive personal data is necessary for the performance of this services and for the legitimate interests of the Company, in particular in connection with your travel requirements; the legitimate business interests of the Company, or any connected person; or as otherwise permitted by the Data Protection Act 1998 or by Regulation EU 2016/679 (the “GDPR”). The sensitive or special categories of personal data processed may include information relating to health, personal characteristics. The processing may include disclosure of personal data and sensitive or special categories of personal data to third parties, such as our travel partners.
- You expressly consent to the transfer of such data outside the European Economic Area (including, in particular, to offices in the United States) for such purposes and acknowledge that such countries may not have laws which adequately safeguard such data.
- You agree that GoKo can contact you in order to update you on your booking with us, services we may think that you may be interested in and in relation to general marketing.
TO SECURE YOUR BOOKING
- To secure a booking you must pay us a deposit (or make full payment if the booking is made within 56 days (8 weeks of the start of your tour or at such earlier stage as is advised to you at the time of booking). On occasions, full payment for a service may be required at the time of booking. The applicable deposit (and any other payments required) will be confirmed at the time of booking.
- When you submit your booking request, we will treat this as a ‘not-guaranteed’’ booking, at this point the booking is only provisional and is not confirmed. Your booking is accepted and becomes definite only from the date when we send you an e-mail to confirm that your booking has been confirmed and payment has been made. It is at this point that a contract between you and us comes into existence.
- We (and our agents) reserve the right to decline any booking at our absolute discretion.
- The balance of all monies due, including any surcharges applicable at that time, must be received by us, no later than 45 days before the start of your holiday. For certain holidays, full payment must be received at an earlier stage before the start of your holiday. You will be advised at the time of booking when this is the case.
- If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges may, at our discretion, become payable.
- You can pay the deposit and full amount by credit or debit card. We accept Visa, Mastercard, Maestro/Solo. Other payment methods may be available on our booking page.
GENERAL CANCELLATIONS AND CHANGES
- Amendments to bookings are subject to availability and may incur a fee and can only be made within the time period prior to the Experience start date.
- Cancellations within the time period prior to the arrival date will incur an additional fee.
- No-shows will incur a 100% cancellation fee.
- Special conditions apply for package add-ons, and they are agreed on a case-by-case basis.
IF YOU CHANGE YOUR BOOKING
- In line with our new flexibly booking policy, you can now chance your booking date free of charge up to 45-days prior to your departure date, unless state otherwise at the time of booking. In some cases, you may need to make a non-refundable deposit to secure your booking. All international flights will not be refundable unless you have suitable insurances in place. Please note that all reservation changes are subject to availability and our suppliers may deny you the right to change your booking.
- If a client is unable to travel, in circumstances which GoKo Travels considers reasonable, the booking or that client’s place on the booking may be transferred to another suitable person (introduced by you). However, the tour arrangements must remain the same as originally booked. If a transfer can be made, an administration charge of £75 per person transferring his/her place. Transfers are not available less than 45-days prior to departure date.
IF YOU CANCEL YOUR BOOKING
- You may cancel your booking by notifying GoKo Travels. Cancellation fees, if any, will be determined with reference to the date on which notice of cancellation is received by us and are expressed as a percentage of the total price paid for the cancelled tour, product or service (excluding any insurance products).
- The following cancellation policy and refunds will apply to all holidays (unless stated otherwise at time of booking):
- 90 or more days before tour start date - 90% Refund or full retention of deposit
- 46 - 89 days before tour start date - 75% Refund or retention of deposit if higher
- < 45 days before tour start date - 0% Refund
- please note that our cancellation policy may differ on some bookings, however, you will be told about this during the enquiry stage.
IF WE CHANGE YOUR BOOKING
- While GoKo Travels will do its best to operate all holidays as advertised, it reserves the right to change and correct errors in any of the facilities, services, prices or itineraries described in any brochure and/or on our website at any time before or after your booking is confirmed.
- Most changes will be minor. From time to time, we may have to make a significant change. If a significant change has to be made, we will inform you as soon as reasonably possible. If advised of a significant change before departure, you as the client, will have the choice of accepting the changed arrangements (at additional costs if applicable), purchasing another available tour or holiday from GoKo (paying or receiving a refund in respect of any difference in price) or cancelling the holiday with a full refund of all monies paid to us. If we have to make a significant change before departure we will as a minimum, where compensation is due, pay you the compensation payments set out in the table outlined below. This however, is very much dependent on the circumstances and when the significant change is notified to you, subject to the following exception. Compensation will not be payable and no liability beyond offering the above-mentioned choices can be accepted where we are forced to make a change as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care. Such circumstances are likely to include those listed in the clause "16. Force Majeure”. No compensation will be payable, and the above options will not be available where a change is a minor one. We regret we cannot meet any visa, vaccination or similar costs in the event of any change or cancellation by us. Similarly, as you are advised only to book fully flexible connecting transport and other arrangements (such as pre or post tour accommodation) which can be cancelled or changed without charge, we cannot pay any cancellation, amendment or other charges you may incur in relation to any arrangements which you have to change or cancel as a result of any change to your tour.
- Period of notification given Compensation to you per person:
- More than 60 days: Nil
- 59-38 days: £30
- 37-15 days: £40
- 14 days-date of travel: £50
IF WE CANCEL YOUR BOOKING
- The Company reserves the right to cancel a tour or holiday in any circumstances but will not cancel a tour or holiday less than 4 weeks before the start of the tour or holiday except for force majeure, or the client’s failure to make all payments when due. We will notify you of cancellation for this reason not less than 4 weeks before the start of your tour or holiday. For tours and holidays labelling "Guaranteed Departures”, there is no minimum group size, therefore we will not cancel the “land only” itinerary unless forced to do so by force majeure.
- If we have to cancel, we will tell you as soon as possible. If there is time to do so before departure and the cancellation does not result from your failure to pay, we will offer you the choice of purchasing an alternative tour or holiday offered as a result of consolidation or another available tour or holiday from GoKo (in either case, paying or receiving a refund in respect of any difference in price) or receiving a full refund of all monies paid to us. We regret we cannot meet any visa, vaccination or similar costs in the event of any change or cancellation by us.
- Summarizing on the points made above, compensation will not be payable and no liability beyond offering the above-mentioned choices can be accepted where (1) we are forced to cancel as a result of unusual and unforeseeable circumstances beyond our control, or (2) we have to cancel because the minimum number of participants necessary for us to operate your tour has not been reached.
- No compensation will be payable, and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time).
TRAVEL DOCUMENTS AND DESTINATIONS
- It is your responsibility to ensure that all of the details on your travel documents are correct and to bring to our attention any errors or discrepancies immediately. It is not always possible to replace travel documents in the case of loss, theft, damage, etc, therefore you must personally look after all documentation sent to you.
- You must provide any information we ask for in good time and are responsible for providing accurate information to GoKo Travels. This includes the registration information form that all potential clients are asked to complete prior to their adventure. GoKo Travels will not accept responsibility for any problems or additional costs that arise from inaccurate information provided by the you, as the client.
PASSPORT, VISA AND IMMIGRATION REQUIREMENTS
- We do not accept any responsibility in the case of you being unable to travel due to not complying with the requirements mentioned below:
- It is your responsibility to fulfil the passport, visa, vaccinations and other immigration requirements applicable to your itinerary on our website and should confirm these with the relevant embassies. Information about these matters or related items is given in good faith but without responsibility on the part of GoKo Travels. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
- British Citizens should refer to the travel advice posted by the Foreign and Commonwealth Office at www.fco.gov.uk for all the countries you intend to visit. You should take advice about the health precautions you need to take prior to departure.
- Vaccinations may be required for some or all of the places you are intending to visit. It is your responsibility to ensure that you have arranged necessary vaccinations for your itinerary. Information on health and any vaccinations required to travel is available from your GP and on the Public Health England website: www.gov.uk/government/organisations/public-health-england.
- It is your responsibility to behave in a reasonable and responsible manner over the course of your travels, including abiding by any local laws and bi-laws. We reserve the right to immediately cancel any travel arrangements in the event of unruly behaviour towards airline/ hotel / supplier representatives or other guests and you will be liable in full for cancellation charges and the costs of purchasing replacement accommodation and air tickets.
- Travel insurance is a vital part of your arrangements. You MUST have adequate insurance for the duration of your journey.
- Please note that travel insurance is a mandatory element, so please double check all information before booking.
BEHAVIOUR AND INDEMNIFICATION
- You agree to accept the authority and decisions of the GoKo employees, tour leaders, agents and guides whilst on tour with GoKo Travels and our suppliers. If in the opinion of any such person(s) or any other person in a position of authority, the health, level of fitness or conduct of you, as the client, at any time before or during a tour is endangering or appears likely to endanger the health or wellbeing of other clients or any third party (including any other clients of GoKo Travels) the client (you) may be excluded from all or part of the tour without refund or recompense. Where a client is excluded, GoKo will have no further responsibility towards them (including any return travel arrangements) and we will not meet any expenses or costs incurred as a result of the exclusion. In the case of ill health, GoKo may make such arrangements as it sees fit and recover the costs thereof from the client. If a client commits an illegal act (including, for example, causing any damage) the client may be excluded from the tour and GoKo shall cease to have responsibility to/for them as above. No refund will be given for any unused services. When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises. Any clients who have taken part in racist / offensive / abusive or any other form of discriminatory behaviour to clients, guides, or any other people associated with a GoKo tour will be excluded from the tour and will receive a zero refund for any missed services or accommodation.
- If you have any medical condition or disability which may affect your active participation in your tour or the tour arrangements of any other person or have any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the proposed tour and/or making the booking. In any event, you must give us full details at the time of booking and whenever any change in the condition or disability occurs. You must also promptly advise us if any medical condition or disability which may affect your active participation in your tour or the tour arrangements of any other person develops after your booking has been confirmed.
- You agree to indemnify us and any of our Suppliers, directors, employees and agents from and against any claims, causes of action, demands, losses, damages, or other costs brought by you or third parties as a result of your breach of this Agreement, your violation of any law or rights of any third party, and your use of our website.
- Whilst we will endeavour to ensure we secure the Experience you purchase and/or book though us for the price advertised, due to events outside our control We reserve the right to amend advertised prices at any time, including after any booking is made. We will never charge you any increase fee without your agreement.
GOVERNING LAW AND JURISDICTION
- This agreement is governed by and shall be construed in accordance with the laws of England and Wales. Non-contractual obligations (if any) arising out of or in connection with this agreement (including its formation) shall also be governed by the laws of England and Wales.
- Unless otherwise stated on your booking confirmation, your contract will be with us if we sell you a Package. These terms and conditions are incorporated into the contract between you and us in relation to the sale of the Package.
- If we sell you a Package, the Package has protection under The Package Travel, Package Holidays and Package Tour Regulations 1992 (Regulations).
IF YOU HAVE A COMPLAINT
- If you have a problem during your holiday, please inform the relevant Supplier (e.g. your tour guide/operator) immediately. Should they be unable to resolve the matter, please immediately contact us at firstname.lastname@example.org or +44 020 3916 5603.
- If you fail to timely contact us, we will not be permitted the opportunity to investigate your complaint and attempt to rectify any error while you are away.
- It is only if GoKo Travels and the relevant supplier know about problems that there will be the opportunity to put things right. Failure to complain on the spot may result in the client’s ability to claim compensation. If the client’s complaint cannot be resolved on tour, they should notify GoKo Travels in writing within 28 days of their return from tour.
USE OF OUR SERVICES AND WESBITE
- You will only use our website and services in compliance with applicable laws. You must also agree that you will only use our website or services to make legitimate reservations or purchases and shall not make speculative, false or fraudulent reservations or reservations in anticipation of demand.
- Our website may contain links to third party websites that we provide only as a convenience to you. You should take care to ensure that whatever links you access are free of viruses, worms or other destructive mechanisms. We are not responsible for such websites or content or any data privacy practices of such websites.
- In the event of any act of God, strike, war, warlike operation, rebellion, riot, civil commotion, lockout, combination of workmen, interference of trade unions, suspension of labour, fire, accident, or (without regard to the foregoing enumeration) of any circumstances arising or action taken beyond or outside the reasonable control of GoKo or the Supplier hereto cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any injury, damage, loss or expense of any nature as a result of “force majeure”. In these conditions, “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid.
WARRANTIES, DISCLAIMERS AND LIMITATION OF LIABILITY
- You hereby accept responsibility for all such risk and releases GoKo Travels from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in travel, including adventure travel specifically, visiting foreign destinations, and participating in adventurous activities such as those included in Tour itineraries or otherwise offered by GoKo.
- You acknowledge that the degree and nature of personal risk involved depends on the products or services booked and the location(s) in which a product or service operates, and that there may be a significant degree of personal risk involved in participating, particularly in physical activities, travelling to remote locations and countries of developing infrastructures, participation in “extreme sports” or other high-risk activities. Standards of hygiene, accommodation, and transport in certain countries where tours take place are often lower than the standards you may reasonably expect in your home country or region. You agree that GoKo Travels is not responsible for providing information or guidance with respect to local customs, weather conditions, specific safety concerns, physical challenges, or laws in effect in any locations where a tour, product or service is operated. You acknowledge you have considered the potential risks, dangers, and challenges and your own personal capabilities and needs, and you expressly assume the risks associated with travel under such conditions.
- GoKo Travels will accept responsibility for the arrangements the Tour Operator agrees to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below and as such, GoKo Travels is responsible for the proper provision of all travel services included in your package, as set out in your confirmation invoice(s).
- We will accept liability for the negligence of our staff or agents causing death or physical injury to persons or loss or damage to personal property only to the extent it is obliged under the applicable law. Our obligations, and those of our suppliers providing any service or facility included in your holiday, are to take reasonable skill and care to arrange for the provision of such services and facilities.
- In other circumstances we are responsible to you for the proper performance of this contract. This acceptance of liability is subject to clause b. below.
- (b.) we shall not be liable for any damage or loss if the failure to carry out the contract is: 1.1 attributable to you. 1.2 attributable to a third party unconnected with the provision of the services contracted for and the event is unforeseeable or unavoidable.
- due to unforeseen and unusual circumstances beyond our control, the consequences of which could not have been avoided even if all due care had to be exercised.
- due to political disputes, border closures, refusal of visas, industrial action, climate or other matters of a similar nature and any other force majeure.
- due to an event which the Company, even with all due care, could not foresee or forestall.
- (c.) Except in cases involving death, injury or illness, any liability covered under clause a. above is limited to 3 times the price paid.
- Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £200 per person affected. You must ensure you have appropriate travel insurance to protect your personal belongings.
- In all cases GoKo Travels specifically excludes all liability for indirect or consequential loss or expense including loss of profits and in all cases our liability will be limited in accordance with and/or in an identical manner to the contractual terms of the companies that provide the transportation for your travel arrangements. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these conditions and the extent to which GoKo Travels or GoKo Travels employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that GoKo Travels or its suppliers have not applied reasonable skill and care, for a claim to be valid. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
- As set out in the conditions above, we limit the maximum amount we may have to pay you for any claims you may make against us. We do not, however, limit or exclude our liability for death or personal injury caused by the negligence of ourselves or our employees / suppliers (providing they were at the time acting within the course of their employment).
- Please note, GoKo Travels cannot accept any liability for any damage, loss or expense or other sum(s) of any description:
- (a)which on the basis of the information given to GoKo Travels by you concerning your booking prior to GoKo accepting it, GoKo could not have foreseen you would suffer or incur if the Tour Operator breached its contract with you; or
- (b) relate to any business.
- Please note that any other suppliers of travel services who provide services as part of your arrangement may also limit their liability to you. We cannot accept responsibility for any services which do not form part of the contract between you and us. As such, you are advised to read the terms and conditions of any other suppliers of travel services who are supplying services to you.
- We are acting as an independent contractor and no joint venture, partnership or employment relationship exists between you and us or our Suppliers.
- By requesting travel services from us, you are certifying that all information that you provide to us will be accurate, complete and current and that you are not and have not knowingly provided us with any false information.
- You will pay all charges incurred by users of your credit card, debit card, check or another payment method, as well as for use of your account by others. You will pay any applicable taxes, charges, fees, duties and assessments, if any, relating to any such purchases, transactions or other monetary transaction interactions arising out of your use of our Website.
PTR AND CUSTOMER PROTECTION
- The combination of travel services offered to you via GoKo Travels, is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations.
- Therefore, you will benefit from all EU rights applying to packages. GoKo Travels will be fully responsible for the proper performance of the package as a whole.
- Additionally, as required by law, GoKo Travels has protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that they become insolvent.
- More information on key rights under the Package Travel and Linked Travel Arrangements Regulations 2018 can be found here: (https://www.legislation.gov.uk/ukdsi/2018/9780111168479/contents)).
- In the event of GoKo Travels insolvency, protection is provided for non-flight packages commencing in and returning to the UK and other non-flight packages excluding pre-arranged travel to and from your destination. Please note that packages booked outside the UK are only protected when purchased directly with GoKo Travels Ltd. In the above circumstances, if you have not already travelled, you may claim repatriation to the starting point of your non-flight package.