This Agreement sets forth the terms and conditions between Travelgoeasy.com (Travelgoeasy) and users who use our services to arrange or purchase tours and services (“You”) from individuals who provide tours and travel related services (“Local Host”)
You must read this agreement before using the site and arranging tour and services. 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
Travelgoeasy connects You with Local Hosts who are seeking to provide tours and travel related services. We do this through our website, Travelgoeasy.com (“Site”), which is a communications system that enables the connection between You and the Local Host.
You understand that the Local Host presented on the Site are independent contractors and that the Local Hosts are not employees or agents of Travelgoeasy. You hereby understand and expressly agree that Travelgoeasy does not control the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Local Host, nor of the integrity, responsibility or any of the actions whatsoever of the Local Host.
Travelgoeasy uses its best efforts to monitor Local Host profiles, service offerings, actions and comments, and suspend privileges to any Local Host not adhering to policies of Travelgoeasy. By using this Site, you agree to report any alleged improprieties of any Local Host to Travelgoeasy immediately.
2. Transactions
You may seek the services of a Local Host through the use of the Site. If there are any issues relating to the service that cannot be resolved directly with the Local Host, You should contact Travelgoeasy and we will attempt to resolve the issue.
3. Incidental Expenses
Travelgoeasy is not responsible for any incidental expenses You may have incurred in reliance on the tour or travel related services arranged on the Site, including, without limitation, expenses arising from the purchase of visas, vaccinations, non-refundable flights, or of any loss of enjoyment.
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 Travelgoeasy and the Local Host 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 services offered on the Site or as a result of the negligence of any party, including the Local Host or any employee, officer, agent, contractor or assign of Travelgoeasy, whether such negligence is passive or active.
We urge you to exercise caution if you booked or arranged any goods during your travel. Neither Travelgoeasy or the Local Host make any claims about the quality, source or other provenance of any goods which may be available.
5. Prohibited Use
The Site may not be used to recruit, solicit, or contact Local Host for employment or contracting for a business not affiliated with Travelgoeasy unless you first obtain express written permission from Travelgoeasy.
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. Travelgoeasy is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided to us by You.
Travelgoeasy will only use your information in accordance with our Privacy Policy. Travelgoeasy 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 Travelgoeasy harmless for any damages that may result.
7. Modification of the Terms of this Agreement
Travelgoeasy reserves the right to make changes to this Agreement from time to time.
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, Travelgoeasy may terminate this Agreement immediately for any breach by You of this Agreement or any applicable policy of Travelgoeasy as posted on the Site from time to time.
Travelgoeasy reserves the right, without prejudice to any other rights or remedies available to Travelgoeasy, 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 Travelgoeasy, 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 Travelgoeasy.
10. Notice of Trademark Rights
The service marks and trademarks Travelgoeasy and the Travelgoeasy logo are service marks owned by Travelgoeasy. 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 Travelgoeasy or the applicable owner.
11. Privacy
Travelgoeasy is committed to ensuring the privacy of the information you give us. Our Privacy Statement is located on the Travelgoeasy Site.
12. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT THE USE OF THIS SITE IS AT YOUR SOLE RISK. TRAVELGOEASY 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 Travelgoeasy 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 arranged from the Site. Furthermore, the TOTAL liability of Travelgoeasy arising with respect to this Agreement and the Site shall in no event exceed the total amounts paid by You to Travelgoeasy 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 Travelgoeasy and You relating to the Site, this Agreement, transactions facilitated or conducted through the Site, tours and travel services ordered or arranged through the Site, dealings between You and Travelgoeasy, 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.
16. Miscellaneous Provisions
Failure by Travelgoeasy 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 the Liability Release, if applicable, constitute the entire agreement between You and Travelgoeasy 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 Travelgoeasy, 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.