Firstly, we would just like to say here at GoKo Travels, we are excited to have the opportunity to act as your booking agent for all your travel needs. This agreement explains what you are legally entitled to expect, and your obligations are as our customer.
PLEASE READ CAREFULLY:
GoKo Travels Ltd (‘GoKo", "Tour Operator" “we”, “us” and “our”) accepts bookings subject to the following conditions. Except where expressly stated, these conditions only apply to tour arrangements booked by the client with GoKo Travels and which GoKo agrees to make, provide or perform (as applicable) as part of their contract with the client. All references in these conditions to “tour”, “booking”, “contract” or “arrangements” mean such tour arrangements unless otherwise stated.
1. YOUR TOUR CONTRACT
The contract is between GoKo and you (“the client”, "your" and “you” in these conditions), being any person travelling or intending to travel on a tour operated by us, including any person who is added or substituted after booking. We both agree that English law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (except as set out below). We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt with by the Courts of England, Wales, Scotland and Northern Island only.
Who your contract is with and the legal protections that apply to your booking will depend on the type of arrangements you book. A contract will exist (either between you and us or you and the other suppliers of travel services, as described below) as soon as we issue our confirmation invoice.
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.
Your holiday will 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.
If we sell you a Package, the Package has protection under The Package Travel, Package Holidays and Package Tour Regulations 1992 (Regulations).
1. Products and Suppliers
We sell a variety of travel-related tours and products from different third-party suppliers and service providers. Every single Supplier we use has their own terms and condition that are applicable to your particular arrangements in addition to our general terms and conditions on this page. Please make sure you understand both before booking. Certain content found on our website are owned or licensed by our Suppliers, therefore your use of which may be subject to further conditions. Our website, which is referred throughout this Agreement, can be found at www.gokotravels.com
2.General Cancellations and Changes
Amendments to bookings are subject to availability and may incur a fee as detailed below and can only be made within the time period prior to the arrival date as detailed in clause 5 (see clause 7 for our amendment conditions).
Cancellations or bookings within the time period prior to the arrival date will incur an additional fee as detailed in clause 6.
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.
3. Your Agreement with Us
3.1 Your Acceptance of these Terms and Conditions
By booking your tour with us or using our website in any way, you are agreeing to be bound contractually by the all the terms of this agreement, plus any additional terms and conditions of any Supplier that are applicable to your booking, travel arrangements or website usage.
You must agree on behalf of yourself and all those to whom you represent to comply with all terms and conditions mentioned, including the payment of all amounts when due. You agree that any violation of any such terms and conditions 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.
You represent and licence that you are of sufficient age to use our services, that you are legally authorized to act on behalf of those you represent, accept all terms and conditions on behalf of those you represent, and all the information supplied to us - by you and all members of your group - are true and correct.
It is your complete responsibility for informing all other persons of all our terms and conditions applicable to their travel arrangements and must understand that you are financially responsible for any use of our services or website.
3.2. By booking through our website, you are agreeing to accept all the risks involved in adventure travel and are agreeing that:
3.2.a) you do not suffer from any pre-existing medical condition or disability which may prevent you from actively participating in the tour.
3.2.b) the person making the booking warrants that he/she is at least 18 years old and has 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.
3.2.c) 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.
Please note, for bookings made via our website, any acknowledgement of your booking request we send to you in the meantime is not a confirmation of your booking. Before your booking is confirmed and a contract comes into force, GoKo Travels reserves the right to increase or decrease holiday prices as we wish.
3.2.d) If you book via our website, 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.
4. 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 email@example.com or +44 7305027666. 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.
5. If You Change Your Booking
Where a change requested by you to your travel arrangements is permitted and possible, our standard service fees may apply (£75 per booking) in addition to any additional charges or costs incurred by us or imposed by any of our suppliers. Please note that all reservation changes are subject to availability and our suppliers may deny you the right to change your booking.
You must make sure all information is double checked before processing, as changes to name details are not allowed by many Suppliers. While we will endeavour to make such a change if necessary, please bear in mind that most Suppliers treat a name change as a cancellation, to which standard conditions and payment charges will apply. Any changes made to your departure after booking is confirmed, will be treated as cancellations and subject to our cancellation charges in clause 6.
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 90-days prior to departure date.
6. 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 tours:
1. 90 or more days before tour start date - 90% Refund
1.2 46 - 89 days before tour start date - 75% Refund
1.4 < 45 days before tour start date - 0% Refund
If the reason for your cancellation is covered under the terms of your travel insurance policy, you may be able to reclaim your cancellation charges through your insurer only, not through us.
You have the right to terminate the contract without paying any termination fee before the start of the package in the event of "unavoidable and exceptional circumstances", for instance, if there are serious security problems at the destination which are likely to affect the package. If an "unavoidable and exceptional circumstance" occurs at your destination or its immediate vicinity and significantly affecting the performance of the holiday or significantly affecting the transport arrangements to the destination. In these circumstances, GoKo Travels shall provide you with a full refund of the monies you have paid but will not be liable to pay you any additional compensation. Please note that your right to cancel in these circumstances will only apply where the Foreign and Commonwealth Office has changed its advice to warn against travel to your destination or its immediate vicinity after the date of your booking. For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.
7. If we change your booking
While GoKo Travels will do its best to operate all tours 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 from GoKo (paying or receiving a refund in respect of any difference in price) or cancelling the tour 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 "14. 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
8. IF WE CANCEL YOUR BOOKING
The Company reserves the right to cancel a tour in any circumstances but will not cancel a tour less than 4 weeks before the start of the tour 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. For tours 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 offered as a result of consolidation or another available tour 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.
8.1. 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).
9. 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:
9.1. 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.
11. 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.
12. 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.
12.1 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.
12.2 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.
13. Use of our Services and Website
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.
14. FORCE MAJEURE.
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.
15. 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. This acceptance of liability is subject to clause b. below.
a. 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:
>. attributable to you.
>. 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:
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.
16. Further information:
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.
17. 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.