Go Galavant Terms of Use

 

Introduction and Scope of Services

for Travelers and Members
Last Updated: April 15, 2021

Go Galavant Travel LLC (“Go Galavant”) and its affiliates (together “Go Galavant” “we” “our” or “us”) provide an online platform with technology for Travelers and Members to view and purchase trips from Operators, enter contests, write reviews, search, compare, and book tours, cruises, and other types of activities (“Tours”). Tours are booked directly from the respective independent tour operator offering the Tour (each an “Operator”). The “Travelers” are travelers interested in booking a Tour. The “Members” are persons who completed Go Galavant’s account registration process. Travelers and Members are jointly referred to as “you”.

The “Services” are listings for Tours independently created by Operators in their own discretion and responsibility (each a “Listing”) as well as Content (as defined below) which are accessible at www.go-galavant.com.com including its subpages (collectively, the “Site”) and any related applications (the “Platform”).

Go Galavant is solely acting as a commercial agent for the Operators. Go Galavant is not an operator of Tours, nor is it a provider of Tours, nor a representative or proxy of an Operator nor an insurer. Go Galavant does not own, sell, resell, furnish, provide, manage or control any transportation, tour or travel services and does not act as an agent to the Travelers. Go Galavant’s responsibilities are limited to exclusively facilitating the availability of the Services and serving as the commercial agent of each Operator.

Go Galavant has no control over the conduct of Operators, Travelers, Members and other users of the Services. OPERATORS ARE SOLELY RESPONSIBLE FOR ADDING, CHANGING, OR REMOVING THE CONTENT CONTAINED IN ANY TRIP LISTINGS. GO GALAVANT IS NOT RESPONSIBLE FOR THE ACCURACY, CONDITION, LEGALITY OR SUITABILITY OF ANY TOURS. GO GALAVANT IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY LISTINGS AND TOURS. BOOKINGS WITH THE OPERATORS ARE MADE AT THE TRAVELER’S OWN RISK.

 

Applicability

These terms and conditions (“Terms”), as amended from time to time, apply to all Go Galavant Services and govern the rights and obligations arising out of the Traveler’s use of the Platform.

By accessing, browsing or using the Site, Platform, and Services through whatever platform, you agree to comply with and be legally bound by these terms regardless of a registration or certain use or way of access. These Terms govern your access to and use of the Site, Platform, and Services and all Content (as defined below) related to Go Galavant and, where applicable, the Operators. Please carefully read these Terms and also the Privacy Policy, which is incorporated by reference into these Terms. If you do not fully agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Platform, and Services. If you act on behalf of a company or other legal entity, you guarantee that you have the authority to act on behalf and to bind that company or other legal entity to these Terms. If you are using this Website and/or making travel reservations or bookings for another person you agree to inform that person(s) about these Terms that apply to the travel reservations and bookings you have made on their behalf, including all rules and restrictions that apply and these Terms. You agree to be financially responsible for all of your use of the Website (as well as for use of your account by others). You are responsible for any bookings and travel reservations made by persons under your direction or control. You also warrant that all information supplied by you or on your behalf, or by members of your household in using the Website is true, current, complete, and accurate. Furthermore, you also confirm that the Traveler is not an unaccompanied minor. Without limitation, any exploratory, speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited.

 

Eligibility

The Services are intended solely for persons who are aged 18 years or older and have reached the age of adulthood as determined by local laws applicable to them. Any access to or use of the Services by anyone who has not is expressly prohibited. By accessing or using the Services, you guarantee that you are at least 18 years or older and have reached the age of adulthood as determined by local laws applicable to them.

 

Privacy

Go Galavant’s Privacy Policy applies. Please see them for information and notices concerning Go Galavant’s collection and use of your personal information.

 

Bookings and Payments

Bookings by Travelers with Operators
The respective Operator only, and not Go Galavant, is solely responsible to the respective Traveler for honoring any confirmed bookings and making available any Tours reserved through the Services. The Operator is also responsible to provide all information legally required to the Traveler. If you, as a Traveler, choose to enter a transaction with an Operator for the booking of a Tour, you agree and understand that you will be required to enter into an agreement (including releases) with the Operator only and you agree to accept any terms, conditions, rules and restrictions associated with such Tour imposed by the Operator and will receive necessary information from the Operator only. You acknowledge and agree that Go Galavant is not a party to any trip purchase agreement and only acts as the commercial agent to the Operators. Go Galavant accepts no liability arising from or related to any of your agreements with an Operator unless Go Galavant is legally required to do so or to fulfill certain information and security obligations towards the Traveler.

The Operators are requested to either confirm or reject a booking within a specified timeframe, which is generally within 24 to 48 hours of when the booking is requested.

Once your confirmed booking transaction is complete (including payment) you will receive a confirmation email summarizing your confirmed booking.

Payments by Travelers
You agree to pay for the “Total Cost” (including the price of the tour and, where applicable, taxes, levies, and duties) for any booking requested, in accordance with the pricing terms set forth in the applicable booking page. Go Galavant will immediately charge the amount stated in the checkout process, which may be a full or partial payment of the Total Cost of the trip. The availability and price of a Tour can change any time until you have received a booking confirmation from the trip Operator.

In case only the deposit is payable at the time of booking or booking confirmation, the balance of payment (i.e., the Total Cost minus the deposit) is due and will be payable as stated in the Operator’s terms according to the trip page.

Go Galavant in its own discretion may collect (through third party payment processors) the Total Cost (as one payment or deposit plus balance payments) for and on behalf of the Operator as its commercial agent, OR, only collect a deposit in which case the Operator shall collect the remaining balance directly. You hereby authorize the collection of such amounts by charging the credit/debit card provided as part of requesting the booking, or by one of the other payment methods as described on the Site or Platform.

Bank and Credit Card Fees
Some banks and credit card companies impose fees for international transactions. Depending on your bank or the type of credit card you have, your bank may convert your payment amount to another currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for a reservation booked on the Platform. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States. Booking international travel may be considered to be an international transaction by the bank or card company, since Go Galavant may pass on your payment to an international travel supplier. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank and credit card provider.

 

International Travel

Assumption of Risk

By offering reservations for travel in particular international destinations, Go Galavant does not represent or warrant that travel to such areas is advisable or without risk. Go Galavant will not be liable for damages or losses that result from travel to any destinations.

Passports, Fees, and Entry
You and any children traveling with you must be in possession of a machine-readable passport valid for 6 months after their trip return date along with applicable visas. It is your sole responsibility to secure and/or pay for any and all visas, reciprocity fees, affidavits, immunizations, etc. that are required to be permitted entry into each destination. In some countries, you may be subject to entry (reciprocity) fees and/or departure taxes/exit fees which will be collected at the airports upon entry/departure by local government authorities. Please note that entry to any country may be refused even if the required information and travel documents are complete.

Travel Documentation
For up-to-date detailed information on travel documents and visas, entry/exit taxes and further information on entry and exit requirements please check with your local consular services. Obtaining and carrying these documents is your sole responsibility. Go Galavant bears no responsibility for such information and will not be responsible for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your trip related to improper documentation or government decisions about entry.

Health
Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.

 

Cancellations and Refunds

Traveler Cancellations and Refunds

Almost Full Refunds for Cancellations if You Cancel before the Operator Confirms your Booking Request

If you cancel your trip before the Operator has confirmed your requested booking, then any amounts collected by Go Galavant or its third-party payment processor will be refunded to the Traveler within 30 days of your request, minus any payment processing fees. Any preauthorization charges will also be released. The refund will be applied back to the credit or debit card used to request the trip.

 

Full Refunds for Operator’s Failure to Confirm your Booking Request within 3 Business Days

If the applicable Operator does not confirm your requested booking within 3 business days, then you may request a full refund, in which case, any amounts collected by Go Galavant or its third-party payment processor will be refunded to the Traveler within 30 days of your request. Any preauthorization charges will also be released. The refund will be applied back to the credit or debit card used to request the trip.

 

After the Trip Operator Confirms your Booking, the Trip Operator’s Payment and Cancellation Policy Applies
Once your booking is confirmed by the applicable Operator, the remaining Cost of your Tour is subject to the Operator’s payment, cancellation, and refund terms. The Operator’s payment, cancellation, and refund terms will be described on the applicable trip page or otherwise described by the Operator. Please carefully read the fine print and important information in the Listing, the booking page, your reservation confirmation, and any follow up communications from your Operator for policies as applied by the Operator. To cancel a booked and confirmed trip, you must contact Go Galavant.

You Change or Mind or are Unable to Go on the Trip

If an Operator agrees to refund the Operator’s portion of the trip fees for any reason other than the Operator canceling the trip, then the Operator shall refund the payment the Operator received from you directly. Please provide your reason for why you are unable to go on the trip to Go Galavant. Go Galavant will then, in its sole discretion, choose whether to (a) keep the deposit you paid through the Platform or Site or (b) grant you a full or partial bill credit to use on another trip with the same Operator within 12 months through the Platform or Site. The bill credit cannot be used with other trip Operators and shall automatically expire after 12 months from the date the bill credit is granted.

 

You Fail to Pay the Operator or Fail to Meet the Operator’s Payment Terms

If you fail to pay the Operator or fail to meet the Operator’s payment terms, then (a) the Operator may cancel your booking and keep any and all fees you’ve paid to the Operator and (b) Go Galavant will also keep all fees you’ve paid through the Site or Platform.

 

Trip Operator Cancels the Trip

If a Trip Operator cancels a trip after your booking is confirmed then: (1) the trip Operator shall refund you all payments the trip Operator received, within 30 days of the trip cancellation date and (2) Go Galavant shall offer the options that receive bill credits to use on the purchase of a future trip on Go Galavant within the next 12 months, or a refund for the amount paid to Go Galavant, within 30 days of the trip cancellation date. If an Operator canceled a confirmed booking and you, as a Traveler, have not received an email or other communication from Go Galavant, please contact Go Galavant at team@Go-Galavant.com.

 

Travel Insurance

We encourage all Travelers to purchase trip insurance as soon as possible after purchasing a trip from Go Galavant. Some Operators will require travel insurance or provide insurance in the cost of the trip. The trip page will provide the relevant details with either of these situations apply to a trip.

 

Travel Credits
Go Galavant may in its sole discretion provide travel credits. These travel credits will be deposited into your Go Galavant account and can be used for other Go Galavant trips, as specified in the terms of your bill credits. Your travel credits may also expire.

Promo Codes
Go Galavant may in its sole discretion offer promo codes from time to time. The promo codes will expire based on the terms of that promotion. If no promo code expiration is provided then it will have an expiry period of 30 days from the implementation of the offer. Promo codes can only be used for bookings for tours. Only one promo code can be redeemed per booking and they may not be combined with travel credits.

 

Content

Protection of Intellectual Property

All materials and content on the Website, including, but not limited to, images, illustrations, text, audio clips, and video clips, are protected by or consist of copyrights, trademarks, service marks, and/or other intellectual property rights (“Intellectual Property”). The Intellectual Property is governed and protected by United States and worldwide copyright, trademark, and/or other intellectual property laws and treaty provisions, privacy and publicity laws, and communications regulations and statutes. The Intellectual Property is owned or controlled by us or other parties that have licensed to us the right to use their Intellectual Property or the right to market their products and/or services (collectively the “IP Providers”).

The Intellectual Property is provided solely for your personal, non-commercial use. You agree to abide by all additional copyright notices, information, or restrictions contained in any material or content on the Site. You may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit any Intellectual Property in any way (including by e-mail or other electronic means) without our prior written consent or that of the IP Providers. Modification of any Intellectual Property or use of any Intellectual Property for any other purpose is a violation of the copyrights, trademark rights, and other proprietary rights. The use of any Intellectual Property on any other site or networked computer environment, or maintaining unauthorized links to the Site, is prohibited by these Terms.

All software, applications, and modules (collectively, “software”) used on the Site are proprietary to or licensed to us by other parties (“Software Providers”, together with IP Providers, the “Providers”). You may not reproduce, reverse engineer, create derivative works of, reverse assemble or reverse compile, sell, lease, distribute, rent, assign, transfer, or modify any software on the Site. Further, you cannot (i) use any device, software, or routine that interferes or attempts to interfere with the normal operation of the Site; (ii) perform any action that is deemed by us to impose a burden or unreasonable load on our computer equipment; (iii) use any “robot”, “spider”, or other automatic device (or a program, algorithm, or methodology with similar processes or functionalities), or any manual process or functionality, to monitor, assemble, analyze, index, copy, transmit, distribute, transfer, or link to any of the pages, data, materials, or content available on this Site.

The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Intellectual Property to countries or persons prohibited under United States’ export control laws. By using, copying, or downloading any portion of the Intellectual Property, you are representing that you are not in a country where such export is prohibited; that you are not on the US Commerce Department’s Table of Denial Orders or the US Treasury Department’s list of Specially Designated Nationals; and that you are not providing access to the Intellectual Property to any person similarly situated.

Guidelines for Reviews Made Available on the Site or Platform

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:

1. you should have firsthand experience with the person/entity being reviewed;
2. your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
3. your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
4. your reviews should not contain references to illegal activity;
5. you should not be affiliated with competitors if posting negative reviews;
6. you should not make any conclusions as to the legality of conduct;
7. you may not post any false or misleading statements; and
8. you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. Operators may also respond to your reviews, if they choose.

 

Content You Post or Submit to Go Galavant (including, but not limited to, Reviews)
Go Galavant may, in its sole discretion, permit you to post, upload, publish, submit or transmit text, reviews, graphics, images, video, your name, company name, franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, or other materials (“Content”). By making available any Content on or through the Services, you agree that Go Galavant may use the Content as Go Galavant at its discretion sees fit in particular on its Site, Platform, (mobile) website and app, and in (online/offline) promotional materials, and publications. You hereby grant to Go Galavant a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify,translate, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Content for any lawful purposes. You waive all moral rights in your Content, and you warrant that moral rights have not otherwise been asserted in your Content.

 

Go Galavant does not claim any ownership rights in any such Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Content. We are not liable for any statements or representations in your Content provided by you in any area on the Site or Platform. You are solely responsible for your Content to the Site and Platform and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Content.

You acknowledge and agree that you are solely responsible for all Content that you make available through the Services. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to Go Galavant the rights in such Content, as contemplated under these Terms; and (b) neither the Content nor your posting, uploading, publication, submission or transmittal of the Content or Go Galavant’s use of the Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. The person who uploaded the Content warrants that the Content shall not contain any viruses, Trojan horses or infected files. You must not store illegal content on the Site. Please be aware that if you upload illegal content, you could be subject to a fine. Any Content that does not meet the aforesaid criteria will not be posted and can be removed at any time and without prior notice.

 

Prohibited Uses

Go Galavant may immediately delete, suspend your activity, terminate your account, and prevent you from further use of the Site, Platform, and Services if you post, upload to, transmit, distribute, store, create, or otherwise publish through the Site, Platform, or Services any Content that we determine in our sole discretion is or contains any of the following:

1. False Content: False, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;
2. Threats and Offensive Content: any content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise offensive to a group or individual;
3. Promotes Illegal or Questionable Acts: Would constitute, encourage, promote or provide instructions for conduct of an illegal activity, a criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, state, national or international law; Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; Constitutes mass mailings or “spamming”, “junk mail”, “chain letters” or “pyramid schemes”; Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Go Galavant; Is private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.  Note that an individual’s surname (family name) may be posted to our websites, but only where express permission of the identified individual has been secured beforehand; Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); Include or are intended to facilitate viruses, corrupted data or other harmful, disruptive or destructive files; or
4. Is unrelated to the topic where the Content is posted.

Go Galavant may also immediately delete, suspend your activity, terminate your account, and prevent you from further use of the Site, Platform, and Services if, in our sole discretion, we determine you are a person or organization that has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor: False Information, Threats and Offensive Content, or Promotes Illegal or Questionable Acts.

Termination and Deactivation
Go Galavant may, in its discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate your access to the Services, and (b) deactivate or terminate your Go Galavant account. Upon termination Go Galavant will within a commercially reasonable time pay you any amounts which Go Galavant is legally obliged to pay you. Go Galavant does not have an obligation to delete or return to you any Content you have posted to the Services, including, but not limited to, any reviews or feedback.

Reporting Claims of Copyright and other Intellectual Property Right Infringement
If you believe that materials hosted by us infringe your copyright or other intellectual property rights, please submit (or have your agent submit) to us a notice including all of the information requested below. If you fail to provide all of the requested information, we may not process your notice. You may wish to seek legal counsel prior to submitting a copyright infringement notice. You could be held liable for alleging false claims of copyright infringement.

• A physical signature of the person authorized to act on behalf of the owner of the copyrighted work;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Send your copyright infringement notice to Go Galavant at team@go-galavant.com

We reserve the right in appropriate circumstances to remove content on the Website alleged to be infringing without prior notice, and/or to terminate the accounts of users who infringe any intellectual property rights of others.

 

Disclaimer

Services Provided “As-Is” with No Warranties

If you choose to use the Services, you do so at your sole risk. Go Galavant does not have an obligation to conduct checks on any Travelers, Operators, Members or other users of the Services or third parties and does not make any attempt to verify Listings or Content. The Services (including the Site and Platform), Listings, and Content are provided “as is”, without warranty of any kind. In particular, Go Galavant makes no warranty regarding the quality of any Listings, Tours, the Services, or Content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Services or advice or information, whether oral or written, obtained from Go Galavant. We do not warrant that the quality of any of Services purchased by you will meet your expectations or that any errors in the Site or Platform will be corrected.

Limitation of Liability

Without limiting any other terms in these Terms, Go Galavant is not responsible and disclaims any liability for the use, validity, quality, suitability, fitness, and due disclosure of the Listings and the Tours and makes no representations, warranties, or conditions of any kind, whether implied, statutory, or otherwise, including any implied warranties of merchantability, title, non-infringement, or fitness for a particular purpose or be available on an uninterrupted, secure, or error-free basis. You acknowledge and agree that the relevant Operator is solely responsible and assumes all responsibility and liability for the Listings and the Tour. Go Galavant is not a (re)seller of the Tour. Complaints or claims related to Tours are to be dealt with by the Operator. Go Galavant is not responsible for and disclaims any liability for Tour complaints, claims, and (product) liabilities. Go Galavant explicitly disclaims all liability for any act or omission of any Traveler or other third party.

Under no circumstances, including, but not limited to negligence, shall Go Galavant, our providers or distributors, be liable for any damages to, or viruses that may infect your computer equipment or other property, or any loss of data, on account of your access to, use of, or browsing on the site, or your downloading of any materials, data, text, images, video, audio, or other information from the site or associated with any e-mail or links sent to you by Go Galavant. In no event shall we, our providers or distributors, be liable for any injury, loss, claim, damage, or any special, punitive, exemplary, direct, indirect, incidental, or consequential damages of any kind (including, but not limited to, lost profits, lost business, or lost savings), whether based in contract, tort, strict liability, or otherwise, that arise out of or are in any way connected with the use, or the inability to use, the site or the services or materials on the site or the travel reservations booked through Go Galavant (whether through this site or call center), even if advised of the possibility of such damages.

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Services and Content, your booking of any Tours via the Services, and any contact you have with other users whether in person or online remains with you.

Go Galavant shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of Go Galavant’s obligations in respect to the Services, up to the maximum amounts stated in the paragraph immediately below. Neither Go Galavant nor any others involved in creating, producing, delivering or otherwise making available the Services or the Content will be liable for (a) any punitive, special, indirect or consequential loss or damages, including loss of profit, loss of or damage to goodwill or reputation, loss of claim, (b) any inaccuracy relating to the (descriptive) information of the Operator as made available, (c) the services rendered or the products offered by the Operators or other business partners, (d) any direct, indirect, consequential or punitive damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of the Services, or (e) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, negligence, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Operator or from any communications, interactions or meetings with other users of the Services or other persons with whom you communicate or interact as a result of your use of the Services. Go Galavant has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their reasonable control, and Go Galavant has no responsibility for any additional expenses, omissions, delays, re-routing, or acts of any government or authority.

In no event will Go Galavant’s aggregate liability arising out of or in connection with your use of or inability to use the Services or from any interactions with any other members, exceed the amounts you have paid or owe for bookings via the Services as a Traveler in the twelve (12) month period prior to the event giving rise to the liability, or one hundred US Dollars (USD 100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Go Galavant and you.

 

Indemnification

Subject to these Terms, you will defend, indemnify and hold us and each of our officers, directors, employees and agents harmless from and against any claim, cause of action, liability, expense, loss or demand, including—without limitation—reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or the agreements made part of these Terms by reference, your breach of any applicable law, your use of or access to Our Website, Trips, or the Intellectual Property, your violation of a third party’s rights, including, but not limited to intellectual property rights, and any harmful act toward another user of the Site or Platform. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

Links to Third-Party Sites

Our website contains links to websites owned and operated by third parties. If you use these links, then you will leave our Site or Platform. These links are provided for your information and convenience only and are not an endorsement by Go Galavant of the content of such linked websites or third-party services. Go Galavant has no control of the content of any linked website and is not responsible for these websites or their content or availability. Go Galavant makes no warranties or representations, express or implied about such linked websites, the third parties they are owned and operated by, the information contained on them or the suitability of quality of their products or services. If you decide to access any third-party websites and make use of the information contained on them and/or enter into any contract for the supply of goods or services from such third party and/or make any donations to such third party, you do so entirely at your own risk. Go Galavant accepts no liability for damage or loss, however caused in the connection with the use of or reliance on any information, material, products or services contained on or accessed through any such linked website.

 

Complaints

Should you have a complaint, please contact Go Galavant’s customer service at team@go-galavant.com within 60 days of return from your tour. Complaints not received within 60 days from the return date of your tour will be barred. These Terms and all matters arising out of or relating to these Terms are governed by, and construed in accordance with, the laws of the State of New York, United States of America without giving effect to the conflict of laws provisions or rules would require or permit the application of the laws of any jurisdiction other than the State of New York, USA. You and we irrevocably and unconditionally agree that you and we will not commence any action, litigation or proceeding of any kind whatsoever against each other in any way arising from or relating to these Terms in any forum other than the state and federal courts in New York City, New York, USA.

 

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210.

 

Severability

If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these Terms.

The commercial relationships that Go Galavant has with the Operators are governed by separate agreements. Operators may have, declare applicable or require acceptance of their own terms and conditions for the use, access and consummation of the Tour (which may include disclaimers and limitations of liability).

 

Waiver

If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

 

Modifications to Terms

Go Galavant reserves the right to modify the Terms at any time without prior notice. Any changes will become effective immediately upon use of the Site, Platform, and Services post change constituting an acceptance of the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to stop using the Site, Platform, and Services.

Services Limitations

We reserve the right to limit the quantities of Service offerings offered or available on the Site and Platform. All descriptions or pricing of Services are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Services at any time for any reason.

 

Corrections

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice. There may be information on the Site and Platform that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information.