GoPeaks is a travel organizer offering tours to active travelers. The terms “we”, “us”, “our”, and “GoPeaks” refer to Xtravel, Inc., a California corporation doing business as GoPeaks. The term “you” / “traveler” refers to the traveler making a booking with us and all travelers for whom the traveler makes reservations.
We draw your attention to the Terms and Conditions of travel below, these Terms and Conditions including all brochures, documents, correspondence and the terms and conditions of our suppliers form the basis of the contract with you. Before making a booking with us you must ensure that you have read and understood these Terms and Conditions (and asked us any questions that you may have). Please be aware that these Terms and Conditions contain waivers of liability as well as waiver of class action and venue selection and notice clauses. BECAUSE THESE TERMS AND CONDITIONS AFFECT YOUR LEGAL RIGHTS, YOU SHOULD READ THEM CAREFULLY. By asking us to confirm your booking you are accepting all of the Terms and Conditions laid out below and acknowledging that you have read the terms of this contract and agree with it
If you are making a booking as a group, the leader of the group is responsible for sharing these Terms and Conditions with all members of the group and is financially responsible for the booking. We will not be liable for a group leader’s failure to share these Terms and Conditions with all travelers in their group.
You represent and warrant that (a) you are of sufficient age to use our services and website and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent and accept these Terms and Conditions on their behalf, and (c) the information supplied by you or members of your group is true and correct.
You agree that any violation of any of the Terms and Conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, and (c) your being denied access to the applicable travel-related product or service.
GoPeaks reserves the right, in our sole discretion, to change these Terms and Conditions at any time. Updated versions of the Terms and Conditions will be posted on this website and are effective immediately on posting. If we make material changes, we will notify you. Please check frequently, especially before you make a booking, to see if these Terms and Conditions changed. Your continued use of our services including continuing to use or maintain any bookings after any changes to the Terms and Conditions constitutes your consent to the changes.
When you make a booking, we will to the best of our ability, unless in the case of a Force Majeure event, provide you with the services that you have booked. As travel professionals we will also notify you about crucial travel information that is reasonably known to us. Should you have questions regarding your travel, we welcome you to call us, and we will seek to assist you.
When you are ready to start your next travel adventure simply look at the offering on our website. You can then contact us either by phone or by filling out the tour booking information on the website. If you have questions about tours or don’t see what you are looking for, we welcome you to call us. Your booking will be confirmed on receipt of the completed registration form and any relevant deposits. After booking you will receive your itinerary details, an invoice with payment information, contacts of your tour coordinator and other important travel information. This invoice is subject to change until you receive confirmation that your travel is booked. Deposits are NON-REFUNDABLE.
Our bookings do not include airfare. You must NOT make any air reservation until you receive confirmation of your booking that will include the details on the start and end of the tour. It is your responsibility to arrive not later and depart not earlier than the time stated in the confirmation. Please allow enough time to get from/to the airport from the point of start/end of tour. Please review carefully the location of start and end of the tour and choose the correct airport. If you have questions or doubts, you are welcome to consult with your tour coordinator that will be assigned to you.
Your contract for airfare is with the carrier and subject to its terms and we will not be liable for any change fees or cancellation fees or other additional costs you incur with the air carrier.
Upon booking, we will provide you with instructions of payments and all due dates. You must make all payments in full and on time.
If you are booking more than 21 days of the departure date, 50% deposit will be due at the time of booking confirmation. The remaining balance of 50% will be due no more than 21 days of the departure date.
If you are booking within 21 days of the departure date, full payment will be due at the time of booking confirmation. If full payment is not received 21 days prior to the departure date, we reserve the right to cancel your travel and apply the cancellation charges set out in the cancellation section below. Failure to make a payment may result in the cancellation of your travel. In such a case this would be considered a cancellation by you and the cancellation terms and fees as described below would be in effect.
Once payment for your trip is processed, you will receive (i) a receipt and (ii) a letter outlining your next steps. Please review documents carefully and promptly as we will not be responsible for any errors. It is your responsibility to review all travel documentation and alert us as soon as possible with any corrections.
While we do not assist with air reservations, we bring to your attention the importance of accuracy. Names provided to secure reservations must match travelers’ government-issued identification. Middle names are not required to appear on airline tickets. Any minor name corrections advised after airline tickets have been issued will incur fees. Not all name corrections will be permitted by airlines and may require the purchase of a new ticket. Travelers voluntarily assume full and sole responsibility for any and all risks and/or costs involved with failure to report any errors and/or omissions to documentation.
While we do accept major credit cards including Visa, Mastercard, American Express and Discover, travelers must provide to us a click or signed authorization for every transaction for your trip. Your authorization is an agreement for us to charge your card and an acknowledgement and agreement to these Terms and Conditions including the cancellation terms. As such you agree not to make any improper chargebacks.
In certain cases, you may dispute charges with credit card companies (“chargebacks”). Before initiating a chargeback, we ask you first to call us to discuss any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. By using our service to make a reservation, you accept and agree to our cancellation policy. GoPeaks retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees related to improper chargebacks. Additionally, in the event of an improper chargeback, we retain the right to cancel any travel reservation related to that improper chargeback. The following chargeback scenarios are improper, and we retain the right to investigate and rebut any such chargeback claims:
• Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.
• Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card. This does not include credit card fraud.
• Chargebacks arising from inconsistency or inaccuracy with regard to the supplier’s product description.
• Chargebacks resulting from force majeure or other circumstances that are beyond the control of GoPeaks or the Supplier.
• Chargebacks resulting because you do not agree with the cancellation policy.
The price of your itinerary will be based on known costs at the date of issue of the itinerary. All prices we advertise are accurate at the date published, but we reserve the right to change any of those prices from time to time. Prices include a cost for local taxes that are estimated at the date of publication. At the time of booking confirmation, we will provide you with an invoice reflecting the current price.
We reserve the right to add a supplement to your travel prices should our costs of supplying your travel increase, until we receive your final payment. Any increase to your travel price will be as the result of changes in our costs of supplying your travel resulting from changes by our suppliers, dues or taxes payable locally, currency fluctuations and government action. If our costs to supply your travel increases, we reserve the right to increase the price of your travel and will forward a new invoice reflecting any changes made. After final payment your price is locked in.
We reserve the right to make changes to and correct errors in advertised prices at any time before your travel is confirmed. We will advise you of any errors of which we are aware and of any change in the price of your booking due to such errors.
Accommodations
Accommodations are provided as detailed in your itinerary. Special requests such as single rooms, lower floors, connecting rooms and smoking preference must be made at the time of booking. While we will make reasonable efforts to communicate your requests to the supplier, such requests are not guaranteed and are at the discretion of the supplier. There may be additional charges for such requests which will be solely the expense of the guest making the request. We will communicate the amount of these additional charges to you as soon as they are available.
Travelers should be aware that hotel room sizes, standards and facilities can vary regionally. This can include differences in bed sizes and room sizes, bathroom amenities, amenities such as air-conditioning and compliance with other standards such as accessibility for those who are disabled. One of the joys of international and interstate travel is experiencing different cultures and different ways of life so we hope that you will accept these differences with grace and a sense of adventure.
GoPeaks reserves the right, if necessary, to substitute other similar hotels at our sole discretion. Such substitutions may be made at any time and without prior notice. We cannot be held responsible for hotel over-bookings; should such occur, we will undertake to find similar accommodations in the same area. Such substitutions are at GoPeaks’ sole discretion and no refunds will be offered for changes in accommodations.
Transfers
GoPeaks is pleased to offer transfers ONLY in accordance with your individual itinerary. You must be on time for all transfers. There will be no refund for missed or unused transfers. You must provide us with your flight information no less than 1 week prior to departure for domestic travel and 2 weeks prior to departure for international travel. If at any time your flight plans change, you must notify us immediately. Failure to do so may result in missing these services and no refund shall be due for missed arrival transfers resulting from missing or outdated flight information.
In case of flight delays and cancellations, you are fully responsible for all additional costs required to catch up with the group, for example taxis.
Meals
Meals are ONLY provided as indicated in the itineraries. Special diets should be requested at the time of booking; however, it may not be possible for special diets to be catered to in some of the destinations we feature. For safety and liability reasons, GoPeaks and its representatives cannot be responsible for directly accommodating any food allergies or dietary requirements and restrictions, and is not responsible for any issues or problems associated with the same. We will advise the suppliers of your request, but we cannot guarantee their availability.
Sightseeing/Activities
Sightseeing tours and activities are included as provided in the individual itineraries. These tours and activities are designed to accommodate individuals as well as groups. As a courtesy to others in the tour and/or activity, it is mandatory that you be on time for all scheduled experiences. Tours and activities will begin on time and failure to arrive will be considered a no-show for which no refunds will be available. It is essential that you keep in mind that tour and activity times are set to accommodate climate, crowd size and best viewing options for our groups. At times, early morning departure times may help create a better experience. Therefore, late arrivals cannot be accommodated.
Changes to Itineraries
GoPeaks reserves the right to make changes to its published itineraries and are due to reasons beyond our control. In such cases, we will try to arrange for the substitution of comparable services, but this may not always be possible.
While no changes are anticipated, there may be occasions when certain alterations become necessary. These can be due to religious holidays, national celebrations, or unforeseen events including weather, governmental closures, acts of God, or any other reason. GoPeaks reserves the right to change the itinerary due to such unforeseen circumstances or emergencies. Additionally, historic sites and visited places undergo renovations from time to time which can obscure viewing or otherwise change the nature of visiting these sites. No tours will be cancelled due to renovations, although GoPeaks may choose to amend itineraries for such sites. These changes will not be considered a material change and will not be considered cause for cancellation by the guest.
If we suggest alternate activities in place of a planned stop or in case of leisure time, such suggestions do not constitute our endorsement. In such a case you will be subject to the terms and conditions of the supplier of the activity and your only recourse in case of damage will be against the supplier of the alternate activity.
What’s Not Included
Any items and matters not referred to in your itinerary are not included in the tour price. This can include, but is not limited to items such as international and domestic airfare, checked and/or excess baggage, passport and visa fees, trip protection and/or insurances of all kinds, gratuities if not listed on your itinerary, laundry, phone calls, minibar, beverages and meals not detailed in the itinerary, Optional Experiences, and all items of a personal nature. Additional taxes and surcharges may be collected by foreign governmental and non-governmental entities. The price does not cover costs and expenses, including your return home, if you leave the tour of your own volition, our decision based on behavior that disrupts the trip, due to illness, action by any government or other reason. This list is illustrative and not a complete list of every item not included.
Non-Operation of Group Tours
All tours are based on a minimum number of participants. GoPeaks makes every effort to ensure that tours meet their minimum requirements. However, if the tour drops below the minimum number of participants, cancellation of the tour may occur at the sole discretion of GoPeaks. In such a case, guests will be advised as soon as possible, but not later than 5 days prior to departure. GoPeaks reserves the right to change the departure date. We may offer alternative tour dates or other travel arrangements. You may choose to accept these arrangements or to cancel your booking, in which case a full refund will be provided. Any air cancellation will be in accordance with the terms of the carrier and GoPeaks will not be liable for the carrier’s refusal to make any refund whatsoever. In such a case GoPeaks will not be liable for any additional costs incurred outside of the tour prices such as visa and passport fees, travel insurance or any other purchases made by the guest in anticipation of the tour.
Cancellations
As described above, GoPeaks is required to pay all suppliers well in advance of your tour date. This includes but is not limited to hotel accommodations, meals, park entry fees, permits tickets, admission tickets, transportation, payment system fees, commissions, etc. All suppliers have their own cancellation policies, which apply to your booking. Should a cancellation become necessary, please inform GoPeaks immediately in writing and request a written confirmation of your cancellation. Upon receipt, GoPeaks will follow industry procedures for any applicable refunds as outlined in the supplier’s terms and subject to their review. If you are entitled to a refund, please note that the supplier must refund GoPeaks before we can supply any refund. Suppliers may choose to provide a travel voucher or credit in lieu of refund. We are not responsible for a supplier’s failure to pay a refund or for supplier bankruptcy or insolvency.
In addition, cancellation charges will apply. Cancellation charges are expressed at a percentage of quoted price as follows:
| Days before departure | Cancellation charge |
| 91 or more days | 10% of trip price |
| 61 to 90 days | 25% of trip price |
| 31 to 60 days | 50% of trip price |
| 0 to 30 days | 100% of trip price |
While we do not sell travel protection, it is your responsibility to protect your purchase. If the reason for cancellation is covered under the terms of your travel protection plan you may be able to reclaim these charges, for this reason we strongly encourage the purchase of a travel protection plan including additional cancel-for-any-reason coverage.
Airline tickets are governed by the air carriers’ terms, and we are not responsible for any air carrier’s decision regarding refund.
Cancellation or Changes by GoPeaks
We reserve the right to cancel or reschedule any departure for any reason. If we cancel, except in the case of a force majeure event, we will offer alternate arrangements. We may at our sole discretion offer travel vouchers or refunds in accordance with the cancellation schedule above. The traveler is responsible for any additional costs for air tickets or other travel arrangements not made by us.
If between planning time and/or during actual travel, circumstances require changes, GoPeaks and its suppliers reserve the right to cancel or vary any itinerary and substitute components of any tour, including but not limited to hotels and accommodations of comparable quality, if air schedule or surface transportation charges, security matters, and/or other events make such alterations necessary. Suppliers may substitute transportation equipment depending on any variety of factors, including the volume of passengers on the tour. Sightseeing tours may be altered as described above. GoPeaks cannot be held responsible for any closures, necessary itinerary changes, or curtails for any reason. These changes will not be considered material changes and will not be considered cause for cancellation by the traveler. Normal cancellation penalties still apply to the tour that has been changed.
As GoPeaks’ prices are based on contract rates, there will not be any refund for any unused portion of a travel booking. If you cancel while the trip is in progress, there is no refund for the unused portion.
GoPeaks assumes no liability for any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other force majeure condition, including, without limitation: fire, volcanic eruption, hurricane, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil disturbances, sabotage, arrests, strikes or labor disruptions, restraint of rulers or peoples, acts of terrorism, war, insurrection, government restrictions, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by GoPeaks that impact negatively on, or hamper, its ability to fulfill any of its contractual conditions. In circumstances amounting to force majeure, we will not be required to refund any money to you.
It is the traveler’s responsibility to protect their purchases. For this reason, Travel Protection Coverage including additional cancel-for-any-reason coverage is strongly recommended. Such a plan should cover Trip Cancellation or Interruption, Medical Expense, Emergency Evacuation/Repatriation, and Baggage. Travel protection plans can help protect you in the event of loss of non-refundable trip deposits and payments that result from cancellation or trip interruption (due to a covered reason such as injury or illness before or during the trip). It also helps with reimbursement for medical emergency costs (including very costly medical evacuation costs), missed connections and baggage loss. Travel Protection Plans including cancel-for-any-reason coverage must be purchased in close conjunction with your travel purchase.
GoPeaks is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel insurance plans. GoPeaks cannot evaluate the adequacy of the prospective insured’s existing insurance coverage. If you have any questions about your travel protection, call your insurer or insurance agent or broker.
Declining to purchase an adequate travel protection plan could result in the loss of your travel cost and/or require more money to correct the situation. You also acknowledge that without this coverage, there may be no way to recoup any losses, costs or expenses incurred. If you choose to travel without adequate coverage, we will not be liable for any of your losses, howsoever arising, for which trip protection plan coverage would otherwise have been available.
Travel to certain destinations may involve greater risk than others. GoPeaks urges travelers to remain informed on a daily basis as to current news, as well as to review travel prohibitions, warnings, announcements and advisories issued by your government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found by visiting your government.
