Term of Use

GoExcursion Customer Term of Use
Revised December 14, 2015
This Agreement sets forth the terms and conditions between GoExcursion and users who use our services to purchase tours and travel services ("You") from providers who provide tours and travel related services ("Providers"). This Agreement explains how You purchase tours and travel services and specifically limits the liability of GoExcursion.
You must read this Agreement before using the Site and booking a Tour. Use of the Site constitutes an agreement to all terms and conditions in this Agreement and you warrant that you understand, agree to and accept all terms and conditions contained here.
1. General
GoExcursion connects You with Providers who are seeking to provide tours and travel related services. We do this through our website, GoExcursion.com ("Site"), which is a communications and payment processing system that enables the connection between You and the Providers.
You understand that the Providers presented on the Site are independent contractors and that the Providers are not employees or agents of GoExcursion. You hereby understand and expressly agree that GoExcursion does not control the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Providers, nor of the integrity, responsibility or any of the actions whatsoever of the Providers.
GoExcursion uses its best efforts to monitor Provider profiles, service offerings, actions and comments, and suspend privileges to any Provider not adhering to policies of GoExcursion. By using this Site, you agree to report any alleged improprieties of any Providers to GoExcursion immediately.
2. Transactions
You may seek the services of a Provider through the use of the Site. Once a Provider has accepted your request for service and your payment has been processed, there is a binding contract between You and the Provider. Once you have purchased a tour or travel service, if there are any issues relating to the service that cannot be resolved directly with the Provider, You should contact GoExcursion and we will attempt to resolve the issue.
GoExcursion uses a third party service to process your credit card information. For further information regarding that service, please contact GoExcursion' credit card processing company(ies). You hereby agree to hold GoExcursion harmless for any damages that may result should any personal information about You be released by any third parties.
3. Refunds
Canceling a booking with GoExcursion can result in cancellation fees being applied by GoExcursion, as outlined below. Additional fees may be levied by the individual supplier/operator. When canceling any booking you will be notified via email of the total cancellation fees.
i.Event, Attraction, Theater, Show or Coupon
Ticket These are non-refundable in all circumstances.
ii.Other Tour Products & Services
If you cancel at least 7 calendar days in advance, there is no cancellation fee.
If you cancel between 3 and 6 calendar days in advance, you will be charged a 50% cancellation fee.
If you cancel within 2 calendar days in advance, you will be charged a 100% cancellation fee.
4. ACCEPTANCE OF RISK AND WAIVER OF LIABILITY
You acknowledge that all travel involves an element of risk and that some tours offered on the Site may be adventurous in nature and may involve a significant amount of personal risk. You hereby assume all such risk and You, your estate, your family, heirs and assigns hereby release GoExcursion and the Providers from all claims and causes of action whatsoever arising from any injury, death or other damages, both pecuniary and non-pecuniary, to You that may occur as a result of your participation in the tours offered on the Site or as a result of the negligence of any party, including the Provider or any employee, officer, agent, contractor or assign of GoExcursion, whether such negligence is passive or active.
Prior to tour commencement, the Provider may ask You to sign a Liability Release.
Whether the signing of the Liability Release is required is disclosed when you use the Site to book the tour.
You are strongly encouraged to obtain suitable medical insurance prior to booking a tour.
We urge you to exercise caution if you purchase any goods during your tour. Neither GoExcursion or the Provider make any claims about the quality, source or other provenance of any goods which may be available for purchase.
5. Prohibited Use
The Site may not be used to recruit, solicit, or contact Providers for employment or contracting for a business not affiliated with GoExcursion unless you first obtain express written permission from GoExcursion.
6. Information Provided by You
You are responsible for providing accurate, timely and complete information in connection with Your registration for and use of the Site. GoExcursion is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided to us by You.
GoExcursion will only use your information in accordance with our Privacy Policy. GoExcursion will use its best efforts to ensure the privacy of all other personal information, however we expressly disclaim any liability for any damage that may result should any information be released to any third parties. You hereby agree to hold GoExcursion harmless for any damages that may result.
GoExcursion uses a third party service to process your credit card information, therefore we have no access to your credit card information. For further information, please contact GoExcursion' credit card processing company www.PayPal.com.
7. Modification of the Terms of this Agreement
GoExcursion reserves the right to make changes to this Agreement from time to time. GoExcursion shall provide notice to You of any substantive and/or material changes to this Agreement or any policies posted on the Site by posting such changes on the Site.
8. Term of Agreement
This Agreement will become effective immediately upon your use of the Site and shall remain effective unless terminated by either party as provided here. Either party may terminate this Agreement by providing the other with written or email notice of such termination which shall be effective immediately upon delivery of such notice to the other party. Furthermore, GoExcursion may terminate this Agreement immediately for any breach by You of this Agreement or any applicable policy of GoExcursion as posted on the Site from time to time. In the event of termination or expiration, the following sections shall survive: Section 1 (General); Section 4 (Acceptance of Risk and Waiver of Liability); Section 6 (Information Provided by You); Section 8 (Term of Agreement); Section 9 (Intellectual Property Rights); Section 10 (Notice of Trademark Rights); Section 12 (Disclaimer of Warranties); Section 13 (Limitation of Liability); Section 15 (Legal Claims); and Section 16 (Miscellaneous Provisions).
Should You violate the terms of this Agreement, GoExcursion reserves the right, without prejudice to any other rights or remedies available to GoExcursion, to terminate your use of this Site immediately at its sole discretion.
9. Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") that You see or read on the Site is owned by GoExcursion, or is used with the owner’s permission. This Proprietary Material is protected in all forms, media and technologies. You may not copy, download, use redesign, reconfigure, or retransmit anything from the Site without the prior written permission of GoExcursion.
10. Notice of Trademark Rights
The service marks and trademarks GoExcursion and the GoExcursion logo are service marks owned by GoExcursion. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the prior written permission of GoExcursion or the applicable owner.
11. Privacy
GoExcursion is committed to ensuring the privacy of the information you give us. Our Privacy Statement is located on the GoExcursion Site.
12. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT THE USE OF THIS SITE IS AT YOUR SOLE RISK. GOEXCURSION DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE.
13. Limitation of Liability
Under no circumstances will GoExcursion be liable to You for any indirect, incidental, consequential, special or exemplary damages arising from any provision of this Agreement or from the provision of any tours or other services purchased from the Site. Furthermore, the TOTAL liability of GoExcursion arising with respect to this Agreement and the Site shall in no event exceed the total amounts paid by You to GoExcursion under this Agreement.
14. Notice
Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.
15. Legal Claims
For all disputes between GoExcursion and You relating to the Site, this Agreement, transactions facilitated or conducted through the Site, tours and travel services ordered or purchased through the Site, dealings between You and GoExcursion, or any related matters ("Disputes"), the parties will attempt to find the least onerous solution to the Dispute. If a Dispute cannot be resolved by the parties, then the Dispute must be resolved before the courts of the Province of British Columbia, Canada, and you hereby irrevocably submit and attorn to the exclusive jurisdiction of the courts of the Province of British Columbia, Canada, in respect of all Disputes. Proceedings regarding Disputes must be commenced in a court of competent jurisdiction in the City of Vancouver, British Columbia, Canada, within six (6) months after the Dispute arose. Any shorter time limit provided by statute or other law remains unaffected.
16. Miscellaneous Provisions
Failure by GoExcursion to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right. These Terms of Use, and all other aspects of use of the Site, shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada.
These Terms of Use and the Liability Release, if applicable, constitute the entire agreement between You and GoExcursion with respect to the Site. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect. These Terms of Use inure to the benefit of GoExcursion, its successors and assigns.
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.