Terms of TravelUpdated October 14, 2021
- Registration. All Travelers must complete and sign 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 those situations, 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; Initial Down Payments; Change Fees; Convenience Fee; Gratuity. Upon the completion of the Application, GOMO Travel will provide Traveler with a quotation for all services to be performed by GOMO Travel and the fees for such services (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).
GOMO Travel shall collect an initial down payment of as much as fifty percent (50%) of the total amount of the quotation to ensure the most efficient travel process. The initial down payment will be listed on the quotation and shall be due and payable upon receipt of the quotation, to be paid within 10 days to secure the services. The full balance remaining on the quotation shall be due and payable by the Traveler to be received by GOMO Travel not later than the due date set forth on the quotation. The Traveler shall always have the option of paying the full amount of the quotation upon receipt thereof to formally book the travel services. All prices shown in the quotation are in United States dollars ($). If GOMO Travel does not receive payment (including the initial down 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 for services, expenses and costs relating to any such changes. GOMO Travel further cannot guarantee that the same GOMO Travel Companion will be accompanying Traveler as a result of such change.
For Travelers paying invoices with credit cards, GOMO Travel will add an additional convenience fee of up to 3.5% of the total invoice amount paid by Traveler using a major credit card. The convenience fee amount shall be reflected on the quotation or the invoice sent to Traveler.
GOMO Travel takes significant care in establishing pricing policies and procedures that provide concierge-level assisted travel services by our GOMO Travel Companions for a price that is commensurate with such services in the marketplace. Accordingly, neither GOMO Travel nor its Travel Companions and staff, expect Travelers to provide a gratuity for any services provided by GOMO Travel. Notwithstanding the foregoing or anything in this Agreement to the contrary, any gratuity offered or provided by Traveler to a GOMO Travel Companion is completely voluntary on the part of Traveler.
- Extended Trips; Shortened Trips. In the event a trip has commenced and before the completion of the trip, Traveler requests an extension to the duration of the trip (an “Extended Trip”) for whatever reason, GOMO Travel will use commercially reasonable efforts to attempt to accommodate the Extended Trip on behalf of Traveler. GOMO Travel reserves the sole right to decline additional services for an Extended Trip if it determines the Extended Trip is not feasible. If GOMO Travel agrees to provide services for the Extended Trip, GOMO Travel shall prepare a new quotation for the Extended Trip, which quotation may include an additional service charge of fifteen percent (15%) of the total Extended Trip quotation price. GOMO Travel cannot guarantee the same GOMO Travel Companion(s) will continue accompanying Traveler on the Extended Trip. Alternatively, in the event a trip has commenced and before the completion of the trip, the Traveler for whatever reason needs to shorten the duration of the trip (a “Shortened Trip”), GOMO Travel will use commercially reasonable efforts to accommodate the Shortened Trip on behalf of the Traveler, but shall not be obligated to do so under this Agreement. Payment of any additional fees, costs or expenses relating to a Shortened Trip incurred by GOMO Travel in excess of the original quotation for relevant trip, including any such fees, costs or expenses charged by any third-party service providers shall be the sole responsibility of the Traveler.
- Cancellations By The Traveler; Cancellations By GOMO Travel; Late Fees. Travelers may cancel bookings made with GOMO Travel at any time prior to travel provided that such cancellations shall be made by the Traveler 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 the Traveler will be refundable in full (except for any fees, costs or payments for travel-related services pre-paid to third-party travel service providers by GOMO Travel on behalf of 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. Notwithstanding the foregoing nor anything contained in this Agreement to the contrary, GOMO Travel reserves the right to cancel any companion travel services at its sole discretion. In the unlikely event a companion travel service is cancelled by GOMO Travel, and GOMO Travel is unable to re-schedule such service to the full satisfaction of Traveler, all monies collected from the Traveler related to GOMO Travel services shall be promptly refunded to the Traveler in full. Traveler agrees repayment of all paid fees shall be the maximum amount of recovery associated with a cancellation by GOMO Travel.
GOMO Travel takes significant care in planning and preparing travel itineraries to include up to a 30-minute window for Traveler pick-up times. Travelers needing additional time to prepare for their trip should contact GOMO Travel at least 24 hours prior to a scheduled pick-up time. In the event Traveler is late for a scheduled pick-up time, there shall be no additional charges for the first 30 minutes of Travel Companion wait time. After the first 30 minutes, Traveler shall be charged late fees in the amount of $25 per 15-minute increments up to an hour, and then $50 per 15-minute increments thereafter, plus any additional fees, costs, expenses or charges of any nature at any time thereafter (including third-party fees and charges resulting from re-booking travel arrangements, cancellations, etc.) incurred by GOMO Travel as a direct result of such lateness on the part Traveler.
- 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 itinerary 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, as well as any additional costs related to the additional companion time, as required.
(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 at the time of booking such travel.
(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, travel breaks, and presumption of regular traffic flow. Travelers are required to be at their departure point at least thirty (30) 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. The 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 written 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 solely at the discretion of GOMO Travel, 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 written 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. The 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) the 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 and parking fees) 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. The Traveler shall be responsible for any additional charges due to any special requests or accommodations for the Traveler(s). The 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 8 shall apply.
- Premier Wrap-Around Services For Medical Travelers(*). For Travelers traveling with GOMO Travel for medical-related purposes, GOMO is offering 24-hour access to their GOMO Travel Companions for up to a 4-week period (such weeks to be allocated before departure on the trip or post-trip, at Traveler’s discretion). GOMO Travel’s Premier Wrap-Around Service is a signature offering for select Travelers and may be included in the quotation, if desired. GOMO Travel’s Premier Wrap-Around Service provides comprehensive advocacy, general assistance, and peace of mind for Travelers needing around-the-clock access to their Travel Companions for help with their particular needs. Examples of such Premier Wrap-Around Services include 24-hour: (a) follow-up communications (phone, email and/or text messages) with the Companion to further review notes and instructions taken by the GOMO Travel Companion, on the Traveler’s behalf, while accompanying the Traveler during such Traveler’s medical visits; (b) post-trip continuity of Companion services and assistance with scheduling future GOMO Travel trips for follow-up visits with medical providers and/or assisted-living facilities; and (c) Companion conduit services to assist the Traveler with follow-up discussions with the Traveler’s medical providers and/or assisted-living facilities, or directly assisting the Traveler with scheduling follow-up appointments with medical providers. (*) All Travelers with Premier Wrap-Around Services must have a completed GOMO travel authorization to disclose protected health information form on file.
- 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 is 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 11 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 the 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.
- 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, MEDICATIIONS, 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, INCLUDING SPECIFICALLY LICENSED NURSES SERVING IN THE CAPACITY OF TRAVEL COMPANIONS, 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.
GOMO travel Companions do not provide medical care and will not administer medications to travelers. GOMO Companions may assist a traveler with the traveler taking medication, but will do so only if provided with written instructions from the traveler or traveler’s caregiver specifically listing the medications the traveler is to take and the schedule of such medications. GOMO travel Companions will not adjust or modify the medications as stated in the instructions and will not provide assistance to the traveler other than to assist with the specific written schedule provided. Assistance will not be provided until the written schedule is received. traveler (or the traveler’s legal guardian) completely releases GOMO travel and the GOMO travel Companion from any fault or liability related to any assistance in taking medications based on the above conditions.
- Coronavirus. In addition to being unprecedented, the coronavirus pandemic continues to be a highly fluid situation. While GOMO Travel has, and will continue, taking steps to ensure the health and safety of our travelers and staff, we are unable to guarantee that one of our travelers or staff members will not become exposed to or infected with coronavirus. As such, it is important to know that you choose to do business with GOMO Travel at your own risk, and you assume all risks and liabilities associated with protecting yourself, your guests and your family from coronavirus infection. You hereby acknowledge by signing this Agreement, that in addition to the general release provided in Paragraph 15 below, you hereby acknowledge this special coronavirus release set forth in this Paragraph 14. ASSUMPTION OF RISK AND RELEASE OF LIABILITY RELATING TO CORONAVIRUS (“COVID-A9”). COVID-19 has been declared a worldwide pandemic by the World Health Organization. Coronavirus is extremely contagious and is believed to spread mainly by person-to-person contact. As a result, federal, state and local governments, authorities and health agencies recommend social-distancing and have, in many places, prohibited the assembly of large groups (normally of 10 or more persons). You acknowledge that the State of Florida has enacted certain coronavirus rules and taken certain preventative measures to reduce the spread of coronavirus in certain businesses and public places. However, as a Florida business with national and international reach, GOMO Travel cannot guarantee that you, your guests or your family members will not be exposed to or become infected with coronavirus. You further acknowledge that individuals with health conditions, such as heart disease, cancer, dementia or diabetes may be more likely to suffer more severe symptoms as a result of contracting coronavirus. By signing below, you acknowledge and agree to the following statements: “(a) I assume the risk that I, my guests or my family members, may be exposed to or become infected with coronavirus, and that such exposure and/or infection may result in personal injury; illness causing mild symptoms, such as fever or body aches; or more severe complications, such as pneumonia or organ failure; permanent disability or death; and (b) I understand the risk of exposure to or infection by coronavirus may result from the acts, omissions, failures or negligence on my part or by others including, but not limited to GOMO Travel personnel. I voluntarily agree to accept all of the foregoing risks and accept full responsibility, and 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 you, your guests or family members being exposed to or infected by coronavirus, or in any and every other way participating in traveling with GOMO Travel
- 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.
17. 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.