Terms and Conditions

Valid from May 1st 2024

1. Introduction and Acceptance of Terms

Welcome to www.goforajourney.com (“Company,” “we,” “us,” or “our“). These Terms & Conditions (“Terms“) govern your access to and use of our website, mobile application, and any other online services (collectively, the “Services“) provided by GoForA, LLC. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Services.

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on our website. Your continued use of the Services after the posting of the revised Terms constitutes your acceptance of the changes.

2. Description of Services

GoForA, LLC is a Delaware-based company, that provides touristic tours, guides, and experience booking services. Our Services allow you to browse, search, and book various travel experiences, such as sightseeing tours, food tours, cultural events, and more. We aim to connect you with local guides and tour operators to help you discover and enjoy your chosen destinations.

Please note that while we strive to provide accurate and up-to-date information about the tours and experiences featured on our platform, we do not guarantee the availability, quality, or safety of these offers. It is your responsibility to review the specific details, terms, and conditions of each tour or experience before making a booking.

3. Booking and Payment

To book a tour or experience through our Services, you must provide accurate and complete information, including your name, contact details, and payment information. You represent and warrant that you have the legal right to use any credit card or other payment method you provide during the booking process. 

We accept various payment methods, including credit cards (Visa, Mastercard, American Express), debit cards, and online payment platforms (PayPal, Apple Pay, Google Pay).  The available payment methods will be displayed during the booking process.

All prices displayed on our platform are in local currency and may be subject to taxes and fees, unless otherwise stated. We reserve the right to modify prices at any time without prior notice.  We reserve the right to correct any errors or omissions in pricing, and we will notify you of any price changes before processing your booking.

Prices may vary based on factors such as seasonality, demand, availability, and customization of Services. Additional fees or charges may apply for optional activities, upgrades, or modifications to the standard Services.

When you confirm a booking, you authorize us to charge your payment method for the total amount displayed, including any applicable taxes and fees. If your payment method is declined, we may cancel your booking and notify you accordingly.

Once your booking is confirmed and paid for, you will receive a confirmation email with the details of your tour or experience, including the date, time, meeting point, and any specific instructions or requirements. It is your responsibility to review this information carefully and ensure that you comply with any instructions provided by the tour operator or guide. If you notice any errors or discrepancies, please contact us immediately to rectify the situation.

Please note that some tours or experiences may have specific terms and conditions, such as age restrictions, physical fitness requirements, or cancellation policies. By making a booking, you agree to comply with these additional terms and conditions, which will be made available to you during the booking process or in your confirmation email.

All payments must be made in full at the time of booking unless otherwise specified. In some cases, a deposit may be required to secure your reservation, with the balance due at a later date as communicated during the booking process.

4. Cancellation and Refund Policy

       4.1.        Cancellation by the Company

We reserve the right to cancel or modify any tour or experience at any time due to unforeseen circumstances, such as adverse weather conditions, safety concerns, government regulations, force majeure events or other operational issues.

In the event of a cancellation by the Company, we will make reasonable efforts to notify you in advance and offer you the option to reschedule or receive a full refund of the amount paid, including any non-refundable fees. The final policy will be determined after analyzing the circumstances.

The Company shall not be liable for any additional costs or expenses incurred by you as a result of a cancellation, such as travel arrangements or accommodation bookings.

       4.2.        Cancellation by the User

If you need to cancel your booking, you must submit a cancellation request in writing to contact@goforajourney.com. The cancellation date will be the date on which we receive your written request. 

       4.3.        Refunds

Refunds will be processed using the same payment method used for the original booking. Please allow up to 7 business days for the refund to appear in your account. The cancellation policy is disclosed in the product description. As a common rule the policy is:

  • Cancellations for short tours or less than 8 hours tour, the customer will have full refund if notified 24 hours before the starting time.
  • Cancellations for multiday tours made:
  • between 30 and 15 days before the scheduled tour or experience: 50% refund, minus any non-refundable fees or deposits.
  • less than 15 days before the scheduled tour or experience: No refund.

 

Certain Services may have different cancellation policies, which will be clearly communicated in the product description before you initiate the booking process. Please review the specific cancellation terms for your booked Services.

5. User Accounts and Responsibilities

       5.1.        Account Creation

To access certain features of our Services, you may need to create a user account. You agree to provide accurate, current, and complete information during the registration process and to update such information as needed to keep it accurate and current.

       5.2.        Account Security

You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

       5.3.        User Conduct

When using our Services, you agree to comply with all applicable laws and regulations. You also agree not to:

  • Violate the rights of others, including intellectual property rights and privacy rights.
  • Engage in any fraudulent, abusive, or unlawful activity.
  • Interfere with or disrupt the functioning of our Services or servers.
  • Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity.

We reserve the right to terminate your account and access to our Services if we determine, in our sole discretion, that you have violated these Terms.

6. On-Tour Conduct Expectations

Incidents of harassment and/or violence will not be tolerated pre-tour, on tour, or through our other communication channels including phone, email, chat, text, and social media. 

Harassment includes but is not limited to offensive language based upon age, race, ethnicity, color, religion, caste, national origin, ancestry, military status, marital status, physical or mental disability, gender, sexual orientation, and native language. Intimidation, telephone and/or verbal harassment, physical and emotional threats, stalking, and physical actions are considered actions of violence. 

If you experience any form of harassment or violence on tour, please report this to your tour guide or Go For A, LLC support team. Those who participate in harassment or violence may be subject to removal from tour at any time and at their sole expense.

7. User-Generated Content

       7.1.        Submission of Content

Our Services may allow you to submit, upload, publish, or otherwise make available content, such as reviews, comments, photos, or videos (“User Content”). By submitting User Content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.

7.2. Prohibited Content

You agree not to submit any User Content that:

  • Infringes any intellectual property rights or other proprietary rights of any party.
  • Is defamatory, obscene, abusive, threatening, or otherwise objectionable.
  • Contains any viruses, malware, or other harmful components.
  • Violates any applicable law or regulation.

       7.3.        Monitoring and Removal

We do not pre-screen or regularly monitor User Content, but we reserve the right to remove any User Content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable.

These sections cover important aspects of the company’s cancellation and refund policy, user account responsibilities, and user-generated content guidelines. They aim to set clear expectations for users and protect the company from potential liabilities.

8. Intellectual Property Rights

       8.1.        Company Intellectual Property

All content included on our Services, such as text, graphics, logos, images, videos, and software, is the property of GoForA, LLC or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, modify, or create derivative works of any portion of our Services without our prior written consent.

       8.2.        Trademarks

GoForA, LLC further trademarks and all related names, logos, product and service names, designs, and slogans are trademarks of GoForA, LLC or its affiliates or licensors. You may not use these marks without our prior written permission.

       8.3.         Third-Party Intellectual Property

Our Services may contain content or links to content provided by third parties. We do not endorse or assume any responsibility for such third-party content. If you access third-party content through our Services, you do so at your own risk and subject to the terms and conditions of use for such content.

9. Third-Party Services and Websites

       9.1.        Third-Party Services

Our Services may include or offer third-party products or services, such as transportation, accommodations, or travel insurance. These third-party services are subject to separate terms and conditions and privacy policies of the respective third-party providers. We do not endorse or assume any responsibility for these third-party services.

       9.2.        Third-Party Websites

Our Services may contain links to third-party websites or resources. We provide these links for your convenience only and do not endorse the content or services provided by these websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or resources.

10.   Travel Insurance

We strongly recommend that customers purchase comprehensive travel insurance to protect themselves against unforeseen circumstances that may arise before or during their trip, such as cancellations, medical emergencies, trip interruptions, or lost or damaged personal belongings.

The Company does not provide travel insurance, and it is your responsibility to obtain appropriate coverage from a reputable insurance provider. We recommend reviewing the terms and conditions of your insurance policy carefully to ensure that it meets your specific needs and covers the activities included in your booked Services.

The Company is not responsible for any costs or losses incurred by customers due to their failure to obtain adequate travel insurance coverage. Any claims for refunds or compensation due to unforeseen circumstances will be referred to your travel insurance provider.

11.    Lost & Found Policy

If you believe you have left any property behind, please contact us with as much information as possible, such as tour /bus you were in, estimated location and item description. GoForA is not responsible for items left behind during our services.

12.   Prohibited Items during our Services

For the safety and well-being of all customers, no firearms or other weapons are permitted on tour except as required by law.

13.    Travel Documents

It is your responsibility to obtain information and to have in your possession all the required documentation and identification required for entry, departure and travel to each country or region. This includes a valid passport and all travel documents required by the relevant governmental authorities including all visas, permits and certificates (including but not limited to vaccination or medical certificates) and insurance policies. 

You must have a passport that is valid 6 months after the last date of travel with GoForA, LLC as set out on your itinerary. You accept full responsibility for obtaining all such documents, visas and permits prior to the start of the tour, and you are solely responsible for the full amount of costs incurred as a result of missing or defective documentation. 

You agree that you are responsible for the full amount of any loss or expense incurred by GoForA, LLC that is a direct result of your failure to secure or be in possession of proper travel documentation. 

GoForA, LLC does not provide advice on travel documents and makes no representations or warrantees as to the accuracy or completeness of any information provided on visas, vaccinations, climate, clothing, baggage, or special equipment and you agree that Go For A, LLC is not responsible for any errors or omissions in this information.

14.    Health & Capabilities 

The pacing and physical requirements of GoForA, LLC’s tours vary by itinerary. We recommend that you select a tour that is suitable for your physical capabilities. Each tour itinerary has a designated “physical activity level” detailed on the GorForA, LLC website for the chosen tour itinerary.

Certain tours require considerable walking and may pose difficulties for travelers with disabilities or impaired mobility. Roads may be narrow and winding, often making it impossible for buses to drive up to your hotel. In addition, as the Americans with Disabilities Act does not apply abroad, service providers on international tours may not have the infrastructure to make special provisions or accommodate special equipment that may be required. 

15.    Liability Limitations and Disclaimers

        15.1.       Limitation of Liability

To the maximum extent permitted by applicable law, Go For A, LLC and its officers, directors, employees, agents, affiliates, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your use of our Services or any content or services obtained through our Services.

        15.2.      Disclaimer of Warranties

Our Services and all content and services obtained through our Services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. We do not warrant that our Services will be uninterrupted, error-free, or free from harmful components.

        15.3.      Travel Risks

Travel involves inherent risks, and you acknowledge and assume full responsibility for any loss, injury, damage, or expense resulting from your participation in any tour or experience booked through our Services. We strongly recommend that you purchase comprehensive travel insurance to cover any unforeseen circumstances.

        15.4.      Limitation of Claims

Any cause of action or claim you may have arisen out of or relating to these Terms or our Services must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

16.   Indemnification

You agree to defend, indemnify, and hold harmless GoForA, LLC, its officers, directors, employees, agents, affiliates, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of our Services, including, but not limited to, any use of the content, services, and products other than as expressly authorized in these Terms.

17. Privacy and Data Protection (in compliance with DDBN[1], MDBN[2] and GDPR18)

        17.1.       Personal Information Collection and Use

We collect and use your personal information in accordance with our [Privacy Policy]19, which is incorporated into these Terms by reference. By using our Services, you consent to the collection, use, and sharing of your personal information as described in our Privacy Policy.

For users located in the European Union (EU), including Spain, the processing of personal data is governed by the General Data Protection Regulation (GDPR). GoForA, LLC is committed to complying with GDPR when processing the personal data of EU users.

        17.2.      Legal Basis for Processing

We process your personal data based on the following legal grounds:

  • Your consent, which you may withdraw at any time;
  • The necessity to perform a contract with you or to take steps at your request before entering into a contract;
  • Our legitimate interests, such as improving our Services and providing a secure and efficient user experience; and
  • Compliance with legal obligations.

        17.3.      Data Retention and Deletion

We retain your personal information for as long as necessary to fulfill the purposes outlined in our Privacy Policy, unless a longer retention period is required or permitted by law. You may request deletion of your personal information by contacting us at contact@goforajourney.com.

        17.4.       Third-Party Data Sharing

We may share your personal information with third-party service providers who assist us in providing our Services, such as payment processors, email service providers, and cloud storage providers. These third-party service providers are obligated to maintain the confidentiality and security of your personal information.

        17.5.      Your Rights

Under the Delaware Data Breach Notification Law (DDBN), and the Massachusetts Data Breach Notification Law (MDBN), you have the right to access, correct, and delete your personal information. To exercise these rights, please contact us at contact@goforajourney.com.

Under GDPR, you have the following rights concerning your personal data:

  • The right to access and receive a copy of your personal data;
  • The right to rectify inaccurate personal data;
  • The right to erasure (or “the right to be forgotten”) in certain circumstances;
  • The right to restrict processing in certain circumstances;
  • The right to data portability;
  • The right to object to processing based on legitimate interests or for direct marketing purposes; and
  1. g) The right to lodge a complaint with a supervisory authority.

To exercise any of these rights, please contact us using the information provided at the end of these T&C.

        17.6.       International Data Transfers

Personal data of clients located in the European Economic Area (EEA) may be transferred to and processed in countries outside the EEA, including the United States. We will ensure that appropriate safeguards are in place to protect your personal data when transferred outside the EEA, such as standard contractual clauses approved by the European Commission or the Privacy Shield framework.

        17.7.      Data Security

We implement reasonable security measures to protect your personal information from unauthorized access, use, or disclosure. However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security. 

        17.8.      Data Breach Notification

In the event of a data breach involving your personal information, we (i) will notify you, without unreasonable delay but no later than 60 days after the discovery of the breach, in accordance with the requirements of the DDBN and MDBN, as well as take appropriate measures to mitigate any potential harm; (ii) will notify the Delaware Attorney General in case the breach affects more than 500 Delaware residents, without unreasonable delay but no later than 60 days after the discovery of the breach, in accordance with the requirements of the DDBN; and (iii) will notify the Massachusetts Attorney General’s Office and the Division of Consumer Affairs in case the breach affects more than 1000 Massachusetts residents, without unreasonable delay, in accordance with the requirements of the MDBN.

We will also communicate the breach to affected users without undue delay when required by GDPR.

18.   Modification of Terms

We reserve the right to modify these Terms at any time, and the revised Terms will be effective immediately upon posting on our website. Your continued use of our Services after any modifications to the Terms constitutes your acceptance of the revised Terms.

We will provide notice of any material changes to the Terms by posting a notice on our website or sending an email to the address associated with your account. It is your responsibility to review the Terms periodically for any changes.

If you object to any modifications to the Terms, your sole remedy is to discontinue your use of our Services.

19.   Termination of Services

We reserve the right to terminate or suspend your access to our Services at any time, without notice, for any reason, including, but not limited to, your breach of these Terms. Upon termination, your right to use our Services will immediately cease, and you must discontinue all use of our Services.

We may also terminate or suspend your access to our Services if we reasonably believe that you have violated any applicable laws or regulations or if we are required to do so by law or court order.

Termination of your access to our Services shall not affect any of your obligations arising prior to the termination date.

20.   Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law.

Any dispute arising out of or relating to these Terms or your use of our Services shall be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Wilmington – New Castle, Delaware, and the arbitrator’s decision shall be final and binding on both parties, and judgment on the award may be entered in any court having jurisdiction thereof.

You agree that any arbitration shall be conducted on an individual basis, and you waive your right to participate in a class action lawsuit or class-wide arbitration.

Notwithstanding the foregoing, we may seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property rights or to prevent any unauthorized use of our Services.

21.   Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable.

22.   Entire Agreement

These Terms, together with our Privacy Policy and any other documents expressly incorporated by reference, constitute the entire agreement between you and Go For A, LLC with respect to your use of our Services and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Go For A, LLC.

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

 

[1] https://delcode.delaware.gov/title6/c012b/index.html  

[2] https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter93H

 18 https://eur–lex.europa.eu/legal–content/EN/TXT/HTML/?uri=CELEX:32016R0679