GoTravel.com
User Agreement and Privacy Policy
User Agreement
This User Agreement constitutes a legally binding agreement between
Earlfield/GoTravel.com, a New York corporation ("GoTravel.com," "we," or the "website,")
and each individual ("you," the "User," or the "Users") who accesses or uses the website.
By accessing or using GoTravel.com, you accept this User Agreement (which incorporates
our Privacy Policy and any other legal notices and/or instructions that may appear
on this website from time to time) and agree to comply with its terms and conditions.
If you disagree with or are unable to comply with any part of these terms, please
cease to access or otherwise use this website.
This User Agreement, together with specific other descriptions posted at GoTravel.com,
constitute the entire agreement and understanding between you and GoTravel.com. Affiliates,
Partners, third-party suppliers, independent suppliers, or vendors are hereby
defined as any provider of travel related services hyperlinked from the website, or
otherwise expressly indicated by GoTravel.com.
Responsibilities of the User
1. Legal Age
You represent that you are a person of legal age in the state or country in which
you live (generally at least 18 to 21, depending on the state or country).
2. Responsibility and Authorized Use
You agree that GoTravel.com and its Affiliates are not liable for any losses resulting
from a cause over which we do not have direct control, including but not limited to
the failure of electronic or mechanical equipment or communication lines, telephone
or other interconnect problems (e.g., if you are unable to access your online service
provider), unauthorized access, theft, operator errors, strikes, labor problems or
other incidents of "force majeure" (i.e., flood, extraordinary weather conditions,
earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident,
action of government, power failure, travel risks, hazards, hygiene, cuisine, sanitation,
medical treatment, telecommunications services, political instability, terrorist activity,
social or labor unrest, civil disturbances, arbitrary changes in government policies,
local laws or customs, climactic conditions, methods of conducting business, military
activity, emergency evacuation methods, or equipment or software malfunction). You
assume full responsibility for, and release GoTravel.com from any duty of, checking
and verifying any passport, visa, vaccination, or other requirements for each passenger.
You assume full responsibility for checking the safety and security conditions of
each destination.
2. Payments
When you book a vacation directly with GoTravel.com, via use of our Request form and/or
interaction with our travel agents, your credit card will charged when travel
is purchased. Refund and/or credit rules for each trip will be clearly indicated.
No other company assumes any liability, obligation or responsibility for the conduct
of GoTravel.com with respect to the website. When you book a vacation through one
of our Partners, Affiliates, and/or third-party suppliers. that party will be solely
responsible for the processing, billing, and success of your vacation.
3. Deposits
a. To reserve space for your vacation, you will be required to place a deposit. Each
travel supplier will require that you pay either a flat rate or a percentage of your
final fare to hold space for you. After you have placed a deposit to secure your reservation,
you will be asked to pay the remaining balance of your fare at the final payment due
date. Depending on the travel supplier, this final payment date can be from 30 to
120 days before departure. To secure your booking within the final payment period,
you will be required to pay in full.
4. Cancellations
Cancellation and refund policies vary by travel supplier, with penalties normally
increasing as the departure date approaches. If notice of cancellation is given after
a booking is confirmed, GoTravel.com will charge a minimum fee of $50 per transaction
for the processing of the cancellation. In addition, other cancellation charges could
apply in accordance with the travel supplier's cancellation policy, If flight changes
are requested after the deposit has been received, or if flights are cancelled after
tickets are issued, revision fees, change fees or Airline cancellation charges will
be applicable and may be in addition to the above cancellation charges. Ask your GoTravel.com
vacation specialist about applicable cancellation policies for your vacation package
at the time of booking. GoTravel.com reserves the right to cancel the reservation
and impose cancellation charges should payments not be received within the above-specified
periods. If we reasonably believe that you have breached this User Agreement, we may
cancel your trip and/or suspend or terminate use of and/or access to the website upon
notice of such cancellation, suspension and/or termination.
5. Changes To a Reservation Cancellation fees will
also be charged for changes to names and dates, as they are treated as cancellations
and new bookings by the travel suppliers. Since these fees generally increase closer
to the departure date, please notify your GoTravel.com vacation specialist immediately
of any cancellations or changes.
To make changes to your existing booking, or to cancel a
booking, you must notify GoTravel.com in writing by fax at 914-738-0350 or email
at sales@gotravel.com
6. Communications
You agree to receive all reports, transaction confirmations, account
statements, correspondence and other information from us and/or our Affiliates through
the phone, address, and/or e-mail address you provide. Neither GoTravel.com nor any
of our Affiliates are responsible for your inability to connect to the Internet or
to access GoTravel.com.
7. Accuracy
It is your responsibility to provide us current, complete and accurate
personal information when necessary for the completion of travel services.
8. No Mischief
You agree that you will not: engage in any illegal, manipulative
or misleading activity; access confidential information at GoTravel.com or interfere
with website operation; introduce into GoTravel.com any code intended to disrupt,
alter or delete any operations or content; modify, reverse engineer, reverse assemble
or decompile any of the software used in connection with the website;; use the website
in any way that would damage, interfere with or overload the website; abuse the website
in any way; propagate any computer worm or virus; or infringe on any patent, copyright,
service mark, trademark or other intellectual property right of any kind, including
any trade secret.
9. License
Any software that is or may be made available to download from this website is the
copyrighted work of GoTravel.com or its third party suppliers. GoTravel.com grants
you a non-exclusive, non-transferable license (without the right to sublicense) to
use any such software. No other rights are granted.
10. Intellectual Property
The use of the website is limited to personal and noncommercial use. All information,
including graphics, text, codes, scripts, trademarks, etc., are the property of GoTravel.com
and/or its Affiliates. This information may not be copied, uploaded, downloaded, modified,
transmitted, licensed, sold, published, or otherwise distributed without the express
written permission of GoTravel.com.
11. Ownership
Your written communications, feedback and ideas become the property of GoTravel.com,
which we may use in any manner without compensating you.
10. Governing Law This Agreement is governed
by the laws of the State of New York, without giving effect to any principles of conflicts
of law.
12. Indemnification
You agree to indemnify GoTravel.com and any Affiliate, as well as
their respective officers, directors, employees, successors, and agents, for any and
all claims, damages, losses and causes of action (including attorneys' fees and court
costs) arising out of or relating to your breach of this User Agreement, or for any
materials in any form whatsoever that are provided by you. We and our Affiliates have
the exclusive right to institute infringement or other appropriate legal action, or
to defend, any claims regarding our proprietary rights. You agree to cooperate as
fully as reasonably required in our defense and/or settlement of any claim.
13. Reporting Violations
To report a violation of the policies in this or any agreement with GoTravel.com,
forward relevant evidence to us at sales@gotravel.com.
14. Submissions and Chat Rooms
Unless otherwise explicitly stated herein, any submissions, messages, articles, stories
or other posted materials ('Submissions') provided by you in connection with the Web
site shall be deemed provided on a non-proprietary and non-confidential basis and
are public, not private, communications. By posting a Submission, you grant:
(1) to GoTravel.com, a royalty-free, perpetual, irrevocable, non-exclusive license
to use, reproduce, modify, publish, translate, distribute, perform and display the
Submission alone or as a part of other works in any form, media or technology whether
known or hereafter developed and to sublicense such rights through multiple tiers
of sublicenses, and (2) to other users, the right to access, view, store, and reproduce
the Submission pursuant to this User Agreement. GoTravel.com shall have no obligation
of any kind to you or anyone else with respect to such Submissions and shall be free
to use or disseminate such Submissions on an unrestricted basis for any purpose.
You acknowledge that you are responsible for the Submissions that you submit, and
you, not GoTravel.com, have full responsibility for the Submissions, including their
legality, reliability, appropriateness, originality and copyright.
In consideration of being allowed to use the Web site, you agree that you will not:
(1) use the Web site for any purposes in violation of local, state or national laws
of any country, (2) post or submit material that is copyrighted, unless you are the
copyright owner or have the permission of the copyright owner to do so, (3) post or
submit material that reveals trade secrets, unless you own them or have the permission
to do so, (4) post or submit material that infringes on any other intellectual property
rights of others or on the privacy or publicity rights of others, (5) post or submit
material that is obscene, defamatory, threatening, harassing, abusive, hateful or
discriminatory to other persons or entities, (6) post or submit sexually-explicit
images, (7) post or submit advertisements or solicitations for business, (8) disrupt
the normal flow of dialogue, or post or submit comments that are not related to the
topic being discussed (unless it is clear that the discussion is in free form or open),
(9) post or submit chain letters or pyramid schemes, (10) impersonate another person,
(11) post, submit or otherwise distribute through the Web site any viruses, trojan
horses, time bombs, cancelbots or other similar harmful or deleterious programming
routines, (12) distribute any "spam" or any unsolicited advertisements, whether commercial
or personal, through the Web site, or (13) take any other action which imposes, in
our sole discretion, an unreasonable or disproportionately large load on our infrastructure.
GoTravel.com does not represent or guarantee the truthfulness, accuracy, or reliability
of any of the material submitted or posted by other users or endorse any opinions
expressed by any user. You acknowledge that any reliance on material posted
by other users will be at your own risk. GoTravel.com does not screen submissions
or postings in advance and is not responsible for screening or monitoring materials
submitted or posted by others. If notified by a user of a posting or submission
that allegedly does not conform to these terms, GoTravel.com may investigate the allegation
and determine in good faith and its sole discretion whether to remove or request the
removal of the offending submission or posting. GoTravel.com has no liability
or responsibility to any user for performance or nonperformance of such activities.
GoTravel.com reserves the right to expel users and prevent their further access to
certain areas and the right to remove or edit any posting or submission in its sole
discretion or as required by law.
Responsibilities of GoTravel.com
1. Website Information
GOTRAVEL.COM AND ANY THIRD-PARTY PROVIDERS OR DISTRIBUTORS PROVIDE THE INFORMATION
AND CONTENT ON THE WEBSITE IN GOOD FAITH, BUT WE MAKE NO GUARANTEES ABOUT THE COMPLETENESS,
TIMELINESS, ACCURACY, ACCESSIBILITY, AVAILABILITY, MERCHANTABILITY, OR FITNESS FOR
A PARTICULAR PURPOSE OF ANY INFORMATION AND CONTENT. THE INFORMATION IS PROVIDED “AS
IS” AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED ARE DISCLAIMED WITHOUT LIMITATION.
WE ASSUME NO LIABILITY FOR ANY ERRORS, BUGS, VIRUSES, OMISSIONS, OR OTHER PROBLEMS
WITH THE CONTENT ON THE WEBSITE, OR FOR ANY MATERIAL, PRODUCTS, SERVICES, OR HYPERLINKS
TO THIRD-PARTY SITES MADE ACCESSIBLE BY THE WEBSITE OR ACCESSED THROUGH THE WEBSITE.
GOTRAVEL.COM ACCEPTS NO RESPONSIBILITY FOR YOUR USE OF THIS INFORMATION, FOR ANYONE
ELSE’S USE OF IT, OR FOR ANY INJURY, LOSS, CLAIM, OR DAMAGE ARISING OUT OF OR IN ANY
WAY CONNECTED WITH OUR SERVICES OR INFORMATION DISPLAYED ON THE WEBSITE. The information
and content provided on GoTravel.com by GoTravel.com and various authors and publishers
does not constitute the rendering of legal, accounting, tax, investment or other professional
advice or services, and should not be relied on or used as a substitute for consultation
with professional advisors. GoTravel.com and its Affiliates are not liable for any
information contained on or omitted from GoTravel.com.
2. Insurance
GoTravel.com highly recommends that all of our clients purchase a trip protection
plan from Travelex, a leader in travel insurance plans. Visit www.travelex.com to
learn more about safeguarding your next trip.
3. Travel Documents
Travel documents for your vacation will be sent to you approximately 21 days
prior to tour departure, providing that full payment has been received. A documentation
delivery charge of $25 may be charged when applicable.
4. Other Fees
GoTravel.com does not charge fees for use of our website. If any business that we
work with charges fees with respect to the website, those fees will be clearly described.
5. Affiliates
GoTravel.com provides access to travel-related services from third-party
suppliers through hyperlinks from the website. The services provided by these Affiliates
are not within our control. GoTravel.com does not accept responsibility for any
breach of contract or negligence by an Affiliate, which results in any loss, damage,
delay, or injury to you or your travel companions. GoTravel.com does not guarantee
and is not responsible for the rates, bookings, reservations, connections, scheduling,
overbooking, cancellations, delays, or protection of personal belongings by any Affiliate. Much
of the content on the website is supplied by independent suppliers and Affiliates
and is not under our control. We do not guarantee the accuracy of the information
that we receive from these vendors.
6. Response
If you send a complaint to sales@gotravel.com,
we will use commercially reasonable efforts to reply within 48 hours.
7. Discontinuation or Change
GoTravel.com may, at its sole discretion, at any time and without prior notice discontinue
all or any part of the website without notice, and change, discontinue or limit access
to the website or any of its functions, features or components without notice.
8. No Responsibility or Implied Endorsements
You agree that GoTravel.com is not responsible for the content of any site
that is linked to or from GoTravel.com. A link to any other web site does not imply
that GoTravel.com accepts responsibility for its content or use. These links are provided
for your convenience, and you access them at your own risk.
9. Access Outside the United States
If you access this site from outside the United States, you do so on your
own initiative, and you are responsible for compliance with local laws, if and to
the extent local laws are applicable.
10. No Damages
GoTravel.com is not liable for any damages arising from:
Any failure to screen website users, acts or omissions of any website users, materials
posted by any party other than GoTravel.com, the accuracy, dependability, privacy,
security, authenticity or completeness of data obtained using the Internet, or any
failure to perform or delay in performance due to causes beyond our reasonable control,
including without limitation the elements, acts of God, labor disputes, acts of terrorism,
acts of civil or military authority, fires, floods, epidemics, quarantine restrictions,
failure or erratic behavior of telecommunications or power system, sabotage, armed
hostilities, riots or government regulation of the Internet.
11. Total Liability
Our total liability to you for any and all damages, losses and causes of action, whether
in contract, tort or otherwise resulting from your use of GoTravel.com will not exceed
the amount paid by you, if any, for accessing this site.
If you have questions, complaints or comments about this User
Agreement, please contact us at sales@gotravel.com.
Privacy Policy
At GoTravel.com, we respect your privacy. Our policy is as simple as 1-2-3:
1. Personal information: what we need, why we need it and how we use it
2. Protecting Your Privacy
3. How to Opt-out
1. Personal Information
When you book travel with GoTravel.com, we may ask for your name, phone number,
address, email, and other personal information. We ask you to designate your gender
and lifestyle, and identify your interests. We use this information to identify you, complete
your reservations, and contact you when necessary. Furthermore, we ask for your
credit card billing information, ticket delivery address, frequent flyer numbers and
travel preferences. Naturally, we share much of this information with your airline,
car rental agency, hotel or other third parties you designate in your reservation.
In addition, this information is stored securely in your Personal Profile and used
to pay for your travel and confirm and execute your reservations.We use
cookies to remember your personal preferences on the website. Most browsers automatically
accept cookies, but you can edit your browser options to block them, if you prefer.
We also collect IP addresses in order to help diagnose problems with our server. From
time to time, we may ask your opinion of our services in order to improve them, and
we may offer gifts or promotions in return.
2. Protecting Your Privacy
GoTravel.com does not sell private information. The use of private information
by our travel agents is protected by confidentiality agreements or otherwise as required
by law. GoTravel.com may link to other websites that collect personally identifiable
information about you. We cannot be responsible for your personal information after
you leave GoTravel.com. Please be sure to review the policies and agreements of each
vendor.
3. Opt-out Provisions
To decline to receive updates and offers by email, simply notify us by phone,
fax, or email. We will record your preference and honor it. You may also change your
preference in your account profile.
4. Children
This site is not intended for use by children. We will not knowingly collect
information from site visitors under the legal age of consent. We encourage parents
to discuss the use of the Internet and information disclosure with their children.
Notwithstanding the foregoing, we have no way of distinguishing the age of individuals
who access our Web site. Therefore, we carry out the same privacy policy for
individuals of all ages. If a child has provided us with personally-identifying
information without parental or guardian consent, the parent or guardian should contact
us to remove the information.
5. Special Provisions for European Users
If you are an individual resident in a Member State of the European Union, you acknowledge
and agree that we may collect, use and disclose your personal data as described in
this Privacy Policy or any amendments hereto. You further acknowledge and agree
that we may transfer your personal data outside of the European Union for the purposes
described in this Privacy Policy. If you do not consent to this use and the
terms of this Privacy Policy, please do not use this Web site.
We do not generally seek to collect "sensitive" personal data through this Web site.
If we do seek to collect such data, we will ask for your consent to our proposed use
of the data. In some cases that data may be collected incidentally and be collected
without solicitation. By providing us with unsolicited "sensitive" personal
data, you consent to our use of the data subject to the terms of this Policy and applicable
law described herein. The references to "sensitive" personal data are to the
various categories of personal data identified by European and other data privacy
laws as requiring special treatment, including, in some circumstances the need to
obtain explicit consent. These categories comprise personal identity numbers,
personal data about personality and private life, racial or ethnic origin, color,
nationality, political opinions or convictions, membership in political parties or
movements, religious, philosophical or other similar beliefs, trade union membership,
physical or mental health or handicap, genetic code, gender, sexual life (including
sexual orientation), pregnancy, property matters or penal or criminal convictions
of record (including where pardon has been granted).
Please read carefully our limitations of liability in the User Agreement as
they also apply to this Privacy Policy.
If you have questions, complaints or comments about this Privacy Policy, please
contact us at sales@gotravel.com.
2004 GoTravel.com. All rights reserved.
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