GutMOJO.com TERMS AND CONDITIONS
These are the terms and conditions that govern all bookings made on this website. All references to “We”, “Us” or “Our” in these terms refer to the operator of this website, which is ultimately owned by GutMOJO.com.
Bookings and website use governed by these Terms
Making and cancelling a booking
Liability and disclaimers
Credit and Debit card security
Intellectual property right and web-links
Bookings and website use are governed by these terms
The Terms constitute the entire agreement between you and GutMOJO.com (‘GutMOJO.com’).
If you do not accept these Terms, do not use this website and do not make a booking via the website.
1.2) We facilitate the processing and booking of accommodation and other travel services (the “travel services”). We do not provide, own or run any travel services ourselves and in particular we do not provide, own or run any accommodation.
1.3) You confirm that you are of sufficient age to lawfully use this website, enter into a contract and to create binding legal obligations for any liability you may incur as a result of the use of this website. You understand that you are financially responsible for all uses of this website by you and those using your log-in information.
1.4) When you make a booking on the website, you agree to enter into a contract for travel services and YOUR CONTRACT FOR TRAVEL SERVICES (INCLUDING ACCOMMODATION) IS WITH THE TRAVEL SERVICES PROVIDER, NOT OUR WEBSITE, WHICH IS ACTING AS AGENT FOR THE TRAVEL SERVICES PROVIDER. It is the travel services provider’s responsibility to provide you with the travel services. We are not responsible for the fulfillment of any booking made through our website or for the quality of any accommodation or any other travel services that are booked.
1.5) You may be asked to review the travel services that you have received. We appreciate all feedback, but please note that we may share your review with the travel services provider in question so that they can act on your feedback and make any necessary improvements. The travel services providers will have your contact details and may contact you to ask further questions about your experiences in order to help them to make further improvements.
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Making and canceling a booking
2.1) On making a booking, you will be required to pay a non-refundable deposit (being a fixed percentage of the total value of your booking) which will always be non-refundable unless you select the Standard Flexible Booking option, in which case the deposit will be credited back to your account if you cancel your booking in certain circumstances (see below for more details). We collect this deposit for and on behalf of the relevant travel services provider.
You will also be required to pay a flat booking fee, which is our fee for making the booking and this is non-refundable in all circumstances.
You will be responsible to the travel services provider on arrival for payment of the balance of the cost of the booking made by you, together with any other payments for any additional services subsequently agreed with the travel services provider and, where applicable, payment of the travel services provider’s service charges and taxes, pursuant to the terms and conditions of trade applied by such travel services provider.
2.2) You must use a credit card or debit card to guarantee a booking. BY MAKING A BOOKING WITH YOUR CREDIT CARD OR DEBIT CARD, YOU AGREE TO ACCEPT THE RELEVANT CANCELLATION AND NO-SHOW POLICY OF THE TRAVEL SERVICES PROVIDER AS SET OUT IN ITS TERMS AND CONDITIONS. IN THE EVENT THAT YOU CANCEL YOUR BOOKING OUTSIDE THE PERMITTED TIMEFRAME SPECIFIED IN THIS POLICY (OR THAT YOU FAIL TO ARRIVE BY YOUR AGREED CHECK-IN TIME), YOU AUTHORISE THE TRAVEL SERVICES PROVIDER TO CHARGE TO YOUR CREDIT CARD OR DEBIT CARD WITHOUT FURTHER REFERENCE TO YOU AN AMOUNT NOT EXCEEDING THE CHARGE FOR ONE NIGHT’S STAY (IN THE CASE OF ACCOMMODATION) OR SUCH OTHER AMOUNT AS MAY BE SET OUT IN THE TRAVEL SERVICE PROVIDER’S TERMS AND CONDITIONS.
2.3) Your non-arrival by the agreed check-in time may result in the cancellation of your entire booking. Any amendments to your booking must be notified to and agreed with the travel services provider directly (but no refund of all or any part of the deposit will be made). In making a booking, it shall be your responsibility to disclose to the travel services provider any requirements or special facilities that you or a member of your party may need as a result of any medical conditions.
2.4) When a booking is confirmed we will issue the booking confirmation on behalf of the travel services provider for each booking, but will not provide information about any charges for additional services or details of the service charge or taxes charged by the travel services provider. We strongly recommend you check and confirm with the travel services provider the precise terms and conditions upon which the travel services provider makes the reserved service available to you upon receipt of the booking confirmation. The reference numbers included on the booking confirmation should be quoted in all enquiries, cancellation or modification of the booking.
2.5) You may cancel your booking in accordance with the cancellation policy of the provider as disclosed on the booking confirmation and detailed property description page; this is normally at least 24 hours before your agreed check-in time and date. Please cancel via your “GutMOJO page” by logging in at www.GutMOJO.com.
2.6) DEPOSITS AND BOOKING FEES ARE NON REFUNDABLE IN THE EVENT OF A CANCELLATION UNLESS YOU HAVE SELECTED THE STANDARD FLEXIBLE BOOKING OPTION, IN WHICH CASE, THE DEPOSIT WILL BE CREDITED BACK TO YOUR ACCOUNT.
2.7) If you choose the Standard Flexible Booking option when making your booking you will be charged a small fee and, in return, if you later decide to cancel your booking, your deposit will be credited back to your GutMOJO account in US Dollars (provided you have given the period of notice required by the travel services provider, for which please see its terms) and you will be able to re-use that credit amount for future bookings on our site for a period of 6 months on and from the cancellation date. YOUR BOOKING FEE IS NON-REFUNDABLE.
2.8) If you choose to make a Non-Flexible Booking and you cancel your booking then, regardless of how much notice you give, DEPOSITS AND BOOKING FEES WILL BE NON-REFUNDABLE. If you don’t select the Flexible Booking option, your booking will be considered to be a Non-Flexible Booking. Non-flexible booking customers should note that, even though your deposit and booking fee will be non-refundable in any event, you must give the amount of notice stipulated by the travel services provider in its cancellation policy, in order to avoid being charged an additional payment for a “no show” (see clause 2.2 above).
2.9) Where you select Standard Flexible Booking for your booking, the following provisions will apply:
Your deposit will only be credited back where:
you have given the amount of notice for your cancellation that is required by the travel services provider in its Terms and Conditions and, in any event, you have given no less than 24 hours’ notice prior to the scheduled check-in date and time; you have processed your cancellation online through your GutMOJO account (which you can access by clicking on the “GutMOJO page” log-in at the top of our website); and you have cancelled your full booking (partial cancellations, such as cancellations of 1 night of a 2-night stay, are not protected by cancellation protection).
Your cancellation credit will be applied to the account which is linked in our records to the email address that was used to process the initial booking. Credit cannot be applied to an account that does not relate to the booking email address.
Cancellation credit must be used within the period which is 6 months on from the cancellation date, after which it is forfeited. Credit will not be applied to your account in respect of cancellations made by telephone or email.
In order to use your cancellation credit, simply go to our website and make a booking using the same email address. You credit will be automatically applied to your booking once you confirm the reservation.
Credit may only be used once. Where you cancel any subsequent bookings, you must have selected the Standard Flexible Booking option for those bookings in order for your deposit(s) to be protected and credited back to your account.
Cancellation credit only applies to deposits for accommodation bookings; it cannot be used in respect of other charges levied via our website – e.g. booking fees or other purchases.
In the event of a no-show without cancellation (or where insufficient notice is given of a cancellation in accordance with these and/or the travel services provider’s terms and conditions) all deposits, including deposits paid through the Standard Flexible Booking option will be non-refundable and the travel services provider will have the right to charge your credit card on the basis set out in clause 2.2. (above).
2.10) If you selected neither the Standard Flexible Booking option nor the Non-Flexible Booking option, your booking will automatically be deemed a Non-Flexible Booking.
2.11) We will try to ensure that the travel services provider processes your bookings correctly.
2.12) The deposit and the booking fee that you pay will be payable in the currency that you select as your “settlement currency” when making your booking. Where the accommodation price was uploaded by the travel services provider in a different currency, the deposit amount that you will be charged in your settlement currency will be calculated by converting the deposit price into your settlement currency using an exchange rate that we derive from a daily feed from a reputable currency conversion website.
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Liability and disclaimers
3.1) In the event of a problem arising with your accommodation or other travel services, you should contact the travel services provider. If you have a problem with the booking that you have made via our website please contact us directly via customerservice@GutMOJO.com.
3.2) We are is the travel service provider’s agent and, as such, it is not a party to the contract between you and the travel services provider for the provision of travel services (including accommodation) and has no responsibility or liability to you in respect of the terms of that contract. In particular, we are not responsible for:
the accuracy or completeness of the descriptions of accommodation and other travel services that are displayed on our website;
the fulfillment of a booking made through the website;
the quality or fitness for purpose of the accommodation and other travel services that are or may be booked through the website;
any difficulty, accident, illness or any other problem which is caused by the accommodation or other travel services or which is suffered by you or any of your party during your stay at the accommodation;
the ratings and reviews displayed on the website (the ratings are partly based on the opinions and reviews of people who have booked and experienced the relevant accommodation or other travel services);
any error or failure in the making or recording of a booking which is due to your error or which is due to any other circumstances that are outside our control (such as a power failure) or
any cancellation of a booking by a travel services provider for any reason whatsoever or any failure to provide all or any part of the booked service by that provider (and we strongly recommend that you take out an appropriate travel insurance policy to cover (amongst other things) unexpected cancellations).
3.3) NEITHER WE NOR ANY OF OUR DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE TO YOU (OR ANY MEMBER OF YOUR CORPORATE GROUP, YOUR AFFILIATES OR ANY OTHER PERSON OR PARTY WHO HAS AN INTEREST IN THE BOOKING) FOR: (i) INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, (ii) LOSS OF DATA, INCOME, PROFITS, BUSINESS OR OPPORTUNITY OR (iii) LOSS OF OR DAMAGE TO PROPERTY, IN EACH CASE ARISING OUT OF OR IN CONNECTION WITH THE USE OF ANY INFORMATION, PRODUCTS, SERVICES, FACILITIES AND/OR THE MATERIALS OFFERED THROUGH THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE.
3.4) Our maximum aggregate liability to you (and any other party that has an interest in the booking) in relation to any booking made through us (whether in contract, tort or otherwise) shall be limited solely to the value of the booking fee that has been paid for that booking. Prior to making a booking, you should ensure that you have reviewed the travel services provider’s terms and conditions and that they are acceptable to you.
3.5) We have not visited all the accommodation listed on this Website and it does not carry out routine checks of the accommodation. The listing of any travel services (including accommodation) on the Website is not and should not be taken as a specific recommendation from us or a representation that the travel services will be suitable for the user’s purpose or that the travel services will be of any particular quality.
3.6) TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY EXCLUDED, INCLUDING WITHOUT LIMITATION REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS ABOUT ANY OF THE SERVICES, FACILITIES, INFORMATION AND/OR MATERIALS ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION, THEIR ACCURACY, THEIR COMPLETENESS OR THEIR MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS WEBSITE IS PROVIDED STRICTLY ON AN “AS IS” BASIS AND, IN PARTICULAR, WE DO NOT WARRANT THAT THE INFORMATION PUBLISHED ON THE WEBSITE WILL BE ERROR-FREE OR THAT THE WEBSITE WILL BE VIRUS OR BUG-FREE.
3.7) Nothing in these Terms shall operate to exclude or limit liability arising out of: (i) fraud or fraudulent misrepresentation or (ii) death or personal injury resulting from the negligence of the party seeking to rely on the exclusion or limitation.
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4.1) You hereby confirm and represent to us that you are not a national of Cuba (a “Restricted National”) and acknowledge that use of the website by or on behalf of a Restricted National is prohibited; and (b) You hereby confirm and represent to us that if you are a national of Iran, Syria, Sudan, or North Korea ( “Other Restricted Territory”) that your credit card is not issued through an “Other Restricted Territory” nor is your booking made while you are present in an “Other Restricted Territory” (c) You hereby confirm to us that you will not use this website for any purpose that is unlawful or prohibited by these Terms.
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Credit and debit card security
5.1) We make reasonable efforts to ensure that all credit card and debit card transactions carried out via this Website are secure. HOWEVER, if unauthorised charges appear on your credit card or debit card statement for any card used on this website at any time during or after you make your booking, conduct your transaction or disclose your card details on this website, GutMOJO.com shall not be liable or responsible in any way in respect of any damage or loss of whatsoever nature suffered by you arising from or in any way connected with said use, transaction or disclosure, save where such unauthorised charges appear as a direct result of our negligence and subject to any statutory rights which you may have.
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Intellectual property rights and webliknks
6.1) The information, content, software, graphics, text, sounds, images, buttons, trademarks, service marks, trade names and logos (“Materials”) contained in this website are protected by the laws of copyright, trademarks, database rights and other intellectual property rights under national laws and international treaties. The parties hereby agree that we or our licensors (as the case may be) retain all right, title, interest and intellectual property rights in and to the Materials. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Materials. Nothing in these Terms shall be construed as transferring or granting (by implication or otherwise) to you any licence or right in or to the Website Content.
6.2) This website may contain hyperlinks to websites operated by parties other than us. Such hyperlinks are provided for your reference only. We does not control such websites and are not responsible for their contents. The inclusion of hyperlinks on this website to such other websites does not imply any endorsement of the material on such websites or any association with their operators.
6.3) Our website is made available for personal use. You may not copy, monitor, screen-scrape, spider, deep-link or reproduce any content, information or software displayed on this site for any commercial or competitive purpose.
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7.1) You agree to indemnify and hold us, our subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the website in contravention of these Terms.
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8.1) Our failure to enforce at any time or for any period any one or more of the Terms shall not be construed as a waiver of them or the rights attaching to any of them.
8.2) The headings used in these Terms are for convenience only and shall not affect the meaning or scope of these Terms or otherwise be given other legal effect.
8.3) We reserve the right to change these Terms as well as the contents of this website for any reason and without liability to you, any other user or any third party. This right shall not affect the Terms accepted by you upon making a legitimate booking or purchase using this website. You should check these Terms for any changes each time you access the website.
8.4) These Terms and your use of this website are governed by the laws of the United States, the United Kingdom and Ireland. You hereby consent to the exclusive jurisdiction of these courts in all disputes arising out of or relating to the use of this website each time you access the website. Use of this website is not authorised in any jurisdiction that does not give effect to all provisions of these terms and conditions including, without limitation, this paragraph.
8.5) You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of this website. Our performance of these Terms is subject to existing laws and legal process and nothing contained in this agreement is in derogation of our right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by us with respect to such use. If any part of these Terms is determined to be invalid or unenforceable, including but not limited to the “Liability and disclaimers” section, then the invalid or unenforceable provision shall be deemed to be superseded by any such valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Although we cannot monitor the conduct of its users offsite, it shall be a violation of these Terms to use any information obtained from this website in order to harass, abuse or harm other persons, or in order to contact, advertise to, solicit or sell to any user or person without their prior express consent.
8.6) While our terms require that accommodation owners display prices which are inclusive of all value added and other additional taxes, the price displayed is ultimately the responsibility of the accommodation owner rather than ours. The traveller acknowledges that we shall not have liability to the traveller in respect of any attempt by an accommodation owner to levy additional value added or other taxes on the traveller at the point of payment as a supplement to the price displayed and the travellers sole recourse in this regard will be against the travel services provider.
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We provide your information to the necessary third party travel service providers when you reserve, purchase or review travel services through our website. We also use your details to operate our website and, occasionally, to inform you of new features, services and products from us (subject to the preferences you have expressed to us). On occasion, we may supply statistics about our customers to third parties such as travel services providers or other agents. These statistics never contain personally identifying information.
If at any time you believe that we have not adhered to these principles, please notify us via the Contact Form and we will use all reasonable efforts to determine and correct the problem promptly. If you have any questions, please contact us by post at: 37 East 28th Street Suite 201 Manhattan, New York City, NY 10016 or via email at: admin@GutMOJO.com.
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