Terms of TravelUpdated June 19, 2020
- Registration. All Travelers must complete this Agreement, along with a GOMO Travel Intake Form and a GOMO Travel Supplemental Application, if applicable (together, the “Application”). In addition to presenting the terms and conditions set forth below, the Application is used by GOMO Travel to evaluate and prepare for the Traveler’s personal care and needs during and throughout the course of the Traveler’s experience with GOMO Travel services. In some cases, additional screening of a traveler’s application may be necessary to determine appropriate travel companion services to be provided to, for or on behalf of the Traveler prior to engaging GOMO Travel. In these cases, the Traveler will be required to complete a Supplemental Application. Missing or inaccurate information on the Application may result in the need for additional staffing or services, and may affect our ability to deliver appropriate travel companion services during the trip or even accept the booking.
- Quotation; Change Fees. Upon the completion of the Application, GOMO Travel will provide Traveler with a quotation for services requested. The full balance of the quotation shall be payable to GOMO Travel upon receipt of the quotation by the Traveler to confirm the booking (the quotation may include prices for third-party services, such as airline tickets, hotel rooms or rental cars which prices are subject to change until purchased). All prices shown in the quotation are in United States dollars ($). If GOMO Travel does not receive payment in full as set forth in the quotation, GOMO Travel reserves the right to treat the booking as cancelled due to lack of payment. GOMO Travel shall not charge any fees for changes to the Application, including changes to travel dates; provided, however, Traveler shall be solely responsible for any additional travel-related fees, expenses and costs relating to any such changes.
- Cancellations. Travelers may cancel bookings made with GOMO Travel at any time provided that cancellations shall be made in writing (including via email, fax or similar electronic transmission) to GOMO Travel. Upon a cancellation made a least 72 hours prior to the date of departure (the “Cancellation Effective Date”), any monies paid to GOMO Travel by Traveler will be refundable in full (except for any fees, costs or payments for travel-related services pre-paid to travel service providers by GOMO on behalf of Traveler prior to the Cancellation Effective date which could not be cancelled and/or refunded, partially or in full, by such third party travel service provider(s)). All cancellations made after the Cancellation Effective Date shall be as set forth in the preceding sentence, but shall also be subject to a $250.00 cancellation fee.
- Documents. Travelers are responsible to possess and present all documents required for domestic or international travel, including without limitation, a valid passport or government-issued identification card. GOMO Travel bears no responsibility for such documents and shall not be responsible for presenting, advising and/or obtaining required travel documentation for any Traveler, or for any delays, damages, and/or losses (including missed portions of a trip) relating to missing or improper documentation of a Traveler.
- Airline Travel.
(a) Tickets. If requested, GOMO Travel will make your air transportation arrangements. GOMO Travel is not responsible for changes and/or delays in airline schedules and does not reimburse passengers for expenses resulting from such occurrences. GOMO Travel cannot guarantee the most direct routing to your final destination. If changes or flight schedules necessitate overnight stays by the GOMO Travel Companion, you will be charged at the standard hotel rates set forth in the quotation, if applicable.
(b) Seat Assignments. When booking airline travel, GOMO Travel will make every effort to reserve paired seating with the Traveler, but GOMO Travel cannot guarantee specific seats, which are at the discretion of the airline and are subject to availability.
(c) Luggage. GOMO Travel will assist all Travelers with their luggage throughout the trip, including at pick-up/drop-off locations, at the airport, port, terminal or other departure/arrival location, and while boarded. Maximum luggage sizes that are commonly used for airline carry-on, such as wheeled, rectangular, bags are generally acceptable. It is the responsibility of the Traveler to comply with all airline rules, regulations and policies relating to luggage including size, weight and number restrictions.
- Travel by Automobile.
(a) Travel Times. All estimated travel times (including departure, arrival and total travel time) provided by GOMO Travel shall be based on applicable speed limits, driving conditions and travel breaks. Travelers are required to be at their departure point at least fifteen (15) minutes prior to the scheduled departure time. This allows GOMO Travel Companions to assist the Travelers with luggage in a timely manner avoiding any delays that may impact the planned departure time. GOMO Travel shall not be responsible for any costs, fees, expenses or liability of any kind, directly or indirectly, resulting from travel delays cause by the Traveler.
(b) Luggage. GOMO Travel will accept up to TWO (2) pieces of luggage per Traveler. Such luggage must not exceed 62 inches when adding the total exterior dimensions of the piece of luggage (length + width + height). Maximum luggage sizes that are commonly used for airline carry-on, such as wheeled, rectangular, bags are generally acceptable. Traveler may also take one (1) small carry-on bag (such as a briefcase or purse) that will fit in the trunk or in the rear seat area. In the interests of safety and the prevention of injury no pieces of luggage over fifty (50) pounds in weight shall be permitted. All luggage should be properly labeled with the Traveler’s name, address and contact information and shall be locked (TSA-approved locking devices are recommended) prior to departure. Travelers shall inform GOMO Travel of any medical devices required for travel, and such devices shall be carried in addition to the luggage limitations. Additional items, such as children strollers, skis, golf clubs, sporting equipment, musical instruments, etc., may also be carried by the Traveler in addition to the luggage limitations, provided that express prior consent is obtained by the Traveler from GOMO Travel. Travelers are prohibited from transporting in their baggage or otherwise traveling with any firearms or weapons of any kind, or other items that are inherently dangerous, including any hazardous materials as such term is defined by the US Department of Transportation.
(c) Rental Vehicles. For trips requiring ground transportation, in most cases GOMO Travel shall use vehicles from its fleet of cars and vans to transport Travelers to and from their destinations, as needed. However, from time to time depending on need and the availability of fleet vehicles, GOMO Travel shall obtain vehicles from its authorized national car rental companies, which are business partners with GOMO Travel. The use of rental vehicles for a particular trip, if any, shall be incorporated into the quotation prepared by GOMO Travel and presented to Traveler.
(d) Miscellaneous. GOMO Travel Companions are unable to transport animals of any kind, with the exception of authorized trained service animals, without the express prior consent of GOMO Travel. Authorized service animals must be properly harnessed and under the direct control of the Traveler at all times. Alcohol consumption, illegal drug use and/or smoking, including the use of electronic simulated smoking materials, e-cigarettes, and smokeless cigarettes, in vehicles is strictly prohibited on all GOMO Travel trips. In addition to the foregoing, this Agreement shall be subject to any and all applicable laws prohibiting or restricting the transportation of hazardous materials or products, and all such applicable laws are incorporated herein. Traveler hereby acknowledges and understands that (i) GOMO Travel personnel engaged in driving duties are required to have valid drivers’ licenses and carry relevant vehicle insurance including Personal Injury Protection; (ii) GOMO Travel checks their personnel’s driving records to ensure they are free from infractions; (iii) GOMO Travel reviews the validity of their personnel’s drivers licenses and motor vehicle insurance coverage but does not perform safety inspections or monitor maintenance on vehicles owned by such personnel; (iv) driving is inherently risky and can result in serious injury or death; and (v) Traveler assumes the risk of riding in motor vehicles operated by GOMO Travel and its personnel, and forever discharges and releases GOMO Travel and its personnel from any and all claims, including their own negligence, which may arise out of the operation of motor vehicles in which the Traveler is riding.
- Accommodations. Unless otherwise expressly agreed by GOMO Travel, for travel plans requiring overnight stays for the Traveler and the GOMO Travel Companion, GOMO Travel will make arrangements for hotel stays for the Traveler(s) and for the GOMO Travel Companion. GOMO Travel will make all necessary hotel accommodations based on Traveler’s needs and requests and shall reserve a single occupancy room for the GOMO Travel Companion. The Traveler is responsible for payment of all rooms (including all charges, fees, taxes and costs associated with the rooms) reserved and used during the trip. GOMO Travel shall convey any special needs of the Traveler(s) to the hotel staff and will request adjoining rooms. However, GOMO Travel shall not be responsible for the failure of the hotel to fulfill any such requests. Traveler shall be responsible for any additional charges due to any special requests or accommodations for the Traveler(s). Traveler will also be responsible for any and all incidentals on their room. All costs relating to hotel stays for the Traveler and the GOMO Travel Companion will be included in the quotation prepared by GOMO Travel. In the event hotel accommodations for the Traveler(s) and the GOMO Travel Companion become necessary during the course of a trip due to an unforeseen, unexpected or force majeure event, the terms set forth in this Paragraph 7 shall apply.
- Emergency Medical Care and Hospitalization. If the Traveler requires emergency medical care while traveling with GOMO Travel, the GOMO Travel Companion will remain at the hospital or emergency medical facility with the Traveler if possible. If the Traveler will be admitted to the hospital, it is the Traveler’s responsibility to arrange for a person to stay with the Traveler during the stay. If the Traveler will not be able to return home on the scheduled travel date, it is the responsibility of the Traveler to arrange alternative travel plans, either with GOMO Travel or with a third party, including arrangements to accompany the Traveler home when they are discharged. GOMO Travel shall not be responsible for any additional costs or expenses incurred in this situation, including but not limited to medical costs, food, airfare, lodging, car rental, medications, change fees or similar or related costs or expenses, and all such costs and expenses shall be the sole responsibility of the Traveler. As set forth in Paragraph 10 below, Traveler’s are urged to purchase travel insurance to protect against risk of loss associated with trip delays or cancellations relating to emergency medical situations.
- Traveler Conduct. At all times while on a GOMO Travel trip or otherwise dealing with GOMO Travel, a GOMO Travel Companion or GOMO Travel staff, each Traveler is expected to act responsibly and conduct themselves in a courteous and professional manner, and not display or otherwise exemplify poor conduct (as defined below). Any Traveler displaying poor conduct may be subject to the immediate cancellation of GOMO Travel services up to and including the return home of the Traveler. Any Traveler displaying poor conduct and that is sent home by GOMO Travel or a GOMO Travel Companion for such poor conduct will be sent at the Traveler’s sole expense, and no refund will be available for any portion of the trip. Travelers shall hereby defend, indemnify, and hold harmless GOMO Travel, GOMO Travel Companions and any GOMO Travel agents and staff against any, and all third-party claims arising out of any poor conduct by Traveler that may create liability for GOMO Travel. As used herein, “poor conduct” shall mean, without limitation, any behavior, action or inaction on the part of the Traveler including language that is, in the sole discretion of GOMO Travel or a GOMO Travel Companion, offensive, threatening, rude, improper; obnoxious, harassing, abusive, vulgar, lewd, indecent or immoral, including (i) the commission or intent to commit a crime or felony or violation of any local, state or federal law; (ii) any action that threatens public safety including the safety of GOMO Travel staff; (iii) theft; (iv) intentional destruction of property; (v) public intoxication; (vi) deliberate or careless conduct endangering the Traveler’s safety or the safety of others; (vii) the provocation or instigation of violence; (viii) the making of unwelcomed and inappropriate remarks of a sexual nature or physical advances and (viii) the possession or consumption of illegal drugs.
- Travel Insurance. GOMO Travel strongly recommends that all Travelers are covered by adequate travel insurance. Such insurance at a minimum should cover your losses sustained as a result of changes or cancellations of travel plans, and medical issues in the event of accident or illness. If you choose to travel without adequate insurance coverage, GOMO Travel shall not be liable for any of your losses howsoever arising.
- Cancellation by GOMO Travel. Subject to Paragraphs 2-4 and 9, GOMO Travel reserves the right to cancel any companion services at its sole discretion. In the unlikely event a companion service is cancelled by GOMO Travel and GOMO Travel is unable to re-schedule the service to the satisfaction of the Traveler, all monies collected from the Traveler related to GOMO Travel services shall be promptly refunded in full.
- No Responsibility. GOMO Travel is an independent company and is not an employee, agent, or representative of any air travel or transportation supplier. GOMO Travel does not own, manage, operate, supervise, or control any transportation, vehicle, airplane, or any other entity that supplies services related to your travel (except any such vehicles directly owned by GOMO Travel, GOMO Travel Companions or leased by GOMO Travel, as fully disclosed to the Traveler by GOMO Travel). All suppliers of non-GOMO Travel services are independent contractors, and are not agents or employees or representatives of GOMO Travel. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all travelers agree that neither GOMO Travel, nor its employees, agents, or representatives are or may be liable for any loss, injury, or damage to any Traveler or to their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of GOMO Travel. GOMO Travel assumes no responsibility or liability for any delay, change in schedule, loss, injury or damage or loss of any Traveler or their belongings that may result from any act or omission on the part of others; and GOMO Travel shall be relieved of any obligations under these terms and conditions in the event of any strike, labor dispute, act of God, or of government, fire, war, whether declared or not, terrorism, insurrection, riot, theft, pilferage, epidemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation. GOMO Travel accepts no responsibility for lost or stolen items. GOMO Travel reserves the right to refuse any traveler or potential traveler at its sole discretion. GOMO Travel is not responsible for any typographic or printing error in any brochure, itinerary, confirmation, or related material. GOMO TRAVEL IS NOT A MEDICAL PROVIDER NOR A NON-EMERGENCY MEDICAL TRANSPORT COMPANY AND IS NOT RESPONSIBLE FOR MEDICAL TREATMENT, MEDICATICATIONS, MEDICAL MANAGEMENT OR MEDICAL DECISION-MAKING RELATING TO ANY TRAVELER. TRAVELER ACKNOWLEDGES THAT GOMO TRAVEL SERVICES ARE STRICTLY ASSISTED TRAVEL SERVICES AND THE PERFORMANCE OF SUCH ASSISTED TRAVEL SERVICES BY GOMO TRAVEL PERSONNEL SHALL NOT BE DEEMED TO CREATE A DOCTOR-PATIENT, NURSE-PATIENT OR SIMILAR MEDICAL-PROVIDER RELATIONSHIP WITH TRAVELER. GOMO TRAVEL IS NOT A SUBSTITUTE FOR MEDICAL CARE OR ADVICE. GOMO TRAVEL IS NOT RESPONSIBLE FOR INJURY OR DEATH RELATED TO MEDICAL CARE PROVIDED TO TRAVELERS BY THIRD PARTIES. GOMO TRAVEL IS NOT RESPONSIBLE FOR MEDICATION ERRORS OR FAILURE TO PROPERLY TAKE MEDICATION BY THE TRAVELER. TRAVELER ASSUMES ALL RESPONSIBILITY FOR HIS/HER MEDICAL CONDITION AND TREATMENT AND RELEASES GOMO TRAVEL FROM ANY AND ALL LIABILITY ARISING THEREFROM OR RELATING THERETO. GOMO TRAVEL AND ITS COMPANIONS AND PERSONNEL SHALL NOT BE LIABLE TO TRAVELER FOR ANY CARE, ASSISTANCE OR ADVICE PROVIDED TO A TRAVELER BY A PERSON OR PERSONS, INCLUDING GOMO TRAVEL AND ITS COMPANIONS AND PERSONNEL ACTING IN THE CAPACITY OF A GOOD SAMARITAN.
- Assumption of Risks; Release. Additional risks and dangers may arise including, but not limited to, hazards of travel by train, automobile, motor coach, aircraft and other means of conveyance, risks associated with water, food, and acts of national and local governments and unrest and acts of others against governments. These risks are not an exhaustive list but are examples of many kinds of risks. You are voluntarily participating in traveling with the knowledge that there may be significant dangers involved, and you hereby agree to accept any and all such risks. As lawful consideration for the agreement with GOMO Travel to provide travel companion services you agree you will not make a claim against GOMO Travel, its related companies or its personnel or sue for bodily injury, emotional trauma, death, property loss or damage or other loss, cost or expense, however caused, as a result of or related to your contracting for, or in any and every other way participating in traveling with GOMO Travel. This release of liability and assumption of risk is entered into on behalf of you and all members of your family and party, also including minors, as applicable. This agreement also binds your heirs, legal representatives, and assigns.
- Severability. If any provision of these terms and conditions shall be held unenforceable, such provision shall be struck and the remainder shall remain enforceable.
- Jurisdiction and Applicable Law. This Agreement and all other documents to which they apply are governed in all respects by the laws of the state of Florida without regard to conflicts of law principles.