1. Our contract & Validity
All bookings are made with Gay Up Travel LLC (us/we). By booking a trip with us you are deemed to have agreed to these Booking Conditions (which constitutes the entire agreement between you and us) and your booking will be accepted by us on this basis. The services to be provided are those referred to in your booking confirmation invoice.
2. Booking on behalf of others
If you book a trip with us on behalf of other participants, you guarantee that you have the authority to accept, and do accept these Terms on behalf of the other participants in your party, and that you have obtained all required consents to do so.
By booking on behalf of other participants, you are deemed to be the designated contact person for every participant included on that booking. You are responsible for all required payments due in connection with your booking, and for notifying us if any changes or cancellations are required. You are also required to keep other guests on your booking informed of any requirements of the trip, and to provide them with information provided by us about the trip.
You are responsible for verifying that any information you provide on behalf of another participant is complete and accurate and we will under no circumstances be liable for any errors or omissions in the information provided by you to complete a booking.
3. Deposit requirement
You are required to pay a non-refundable deposit for your scheduled tour, for your custom or tailor-made itinerary, as outlined on your booking invoice. Please note that special deposit requirements apply for some trips. If your booking is made after the date of final payment indicated on your booking invoice, the full amount is payable at the time of booking.
4. Acceptance of booking and final payments
Acceptance of your booking will be confirmed by us in writing. Please refer to your booking invoice for details regarding final payments, as some trips may have a different final payment schedule. Payment of the balance of the trip price is due 90 days before the departure date, unless otherwise stated. If this balance is not paid on or before the due date we reserve the right to treat your booking as cancelled and any cancellation charges outlined at clause 7 (Cancellation by You) will apply.
5. Prices & surcharges
Our trip prices are subject to variable and seasonal pricing, both of which are standard practice within the travel industry. This means our trip prices may vary at any time in accordance with demand, market conditions and availability. We reserve the right to impose surcharges up to 21 days before departure due to unfavorable changes in exchange rates, increases in airfares or other transportation costs, increases in local operator costs, taxes, or if government action should require us to do so. If any surcharge results in an increase of more than 10% of the trip price you may cancel the booking within 14 days of notification of the surcharge and obtain a full refund. Please note that a surcharge may be applied to a purchase made by credit card. Any reduced pricing or discounts that may become available after you have paid your deposit will not apply. For any bookings or additional services accepted within 30 days of departure, we reserve the right to charge up to USD $250 as a late fee to cover our additional administration costs.
6. Your details
In order for Us to confirm your travel arrangements, you hereby acknowledge and agree that you will be required to provide all requested details and information prior to the departure date of the relevant trip no later after the date communicated by Us.
Necessary details vary by trip; they include but are not limited to full name as per passport, date of birth, nationality, passport number and passport issue date. For more information about how we treat your personal information please refer to our Privacy Policy.
7. Cancellation by You
If you cancel some or all portions of your booking the cancellation terms set out below will apply. A cancellation will only be effective when we receive written confirmation by email.
- up to 90 days before departure, we will hold 100% of your payment as a credit for future travel, less unrecoverable costs. If you have paid more than our minimum deposit, we will refund any amount in excess of your deposit, unrecoverable costs, and processing fees.
- between 89 and 60 days before departure, we will retain 50% of your full payment as a cancellation fee, and we will offer a 50% credit for future travel.
- between 59 and 30 days before departure, we will retain 75% of your full payment as a cancellation fee, and we will offer a 25% credit for future travel.
- under 30 days, we will retain the full amount of your booking as a cancellation fee.
Any credit resulting from a cancellation under this clause 7 (Cancellation by You) does not have an expiry date and may be applied towards any other available trip offered by us. This credit is not transferable or redeemable for cash. This credit excludes flights as they will have their own booking conditions.
Different fees may apply to some trips, cruises, airline tickets, or for custom and tailor-made itineraries, as set out in any Special Conditions and/or the Important Trip Information relating to your trip. You are strongly advised to take out cancellation insurance which includes “cancel for any reason” or “change of mind” coverage if such coverage is available in your area. If you leave a trip for any reason after it has commenced we are not obliged to make any refunds for unused services. If you fail to join a tour, join it after departure, or leave it prior to its completion, no refund will be made. The above cancellation fees are in addition to fees which may be levied by accommodation providers, travel agents or third party tour and transport operator fees.
8. Cancellation by Us
Our trips are confirmed to depart once they have met the minimum group size specified on the tour page on our website, and the Trip Confirmation email has been sent. In the event that we cancel your trip, you can transfer amounts paid to an alternate departure date or receive a refund, less unrecoverable costs, unless your trip is cancelled due to a Force Majeure Event as defined below in this clause 8.
Cancellation due to Force Majeure
If a trip is cancelled due to a Force Majeure Event, we can offer you a choice of:
(a) a 100% credit of monies paid for your trip minus unrecoverable costs; or
(b) a refund minus unrecoverable costs.
If the cancellation due to a Force Majeure Event occurs after a trip has commenced, we can offer you a choice of a pro-rata:
(a) 100% credit for the days that remain on your trip minus unrecoverable costs; or
(b) a refund minus unrecoverable costs of the days that remain on your trip.
Any credit resulting from a cancellation under this clause 8 (Cancellation by Us):
- does not have an expiry date and may be applied towards any other available trip offered by us;
- is not redeemable for cash;
- excludes flights as they will have their own booking conditions.
A “Force Majeure Event” includes but is not limited to: acts of God; war; civil commotion; riot; blockade or embargo; fire; explosion; breakdown; union dispute; earthquake; epidemic, pandemic or other health emergency; flood; windstorm or other extreme weather event; lack or failure of courses of supply; passage of any law, order, proclamation, regulation, ordinance, demand, requisition or requirement or any other act of any government authority, beyond the reasonable control of the parties, whether or not foreseeable, which would make it dangerous or not viable for a trip to commence or continue.
In the event of any cancellation, there will be no claim for damages by either party against the other and we are not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to visas, vaccinations, travel insurance excess or non-refundable flights.
Unrecoverable costs consist of, but are not limited to, credit card fees or non refundable deposits paid on your behalf for services related to your booking.
9. Inclusions
Transfers to a third party or an alternative trip are only permitted when operationally possible and, in the case of transferring to a third party, where the transferee meets all the requirements in relation to the trip. Certain fees may apply.
10. Inclusions
The land price of your trip includes: all accommodation as listed in the itinerary; all transport listed in the itinerary; sightseeing and meals as listed in the itinerary; the services of a group leader as described in the itinerary.
11. Exclusions
The land price of your trip does not include: flights unless specified; airport transfers unless specified, taxes and excess baggage charges unless specified; meals other than those specified in the itinerary; visa and passport fees; travel insurance unless specified; optional activities and sightseeing and all personal expenses.
12. Age & Health requirements
Minimum General Policy: The minimum age to join any scheduled group departures is 21 years old. It is your responsibility to ensure that you are suitably fit to allow full participation in the trip and to obtain proper and detailed medical advice for the latest health requirements and recommendations for your destination. Where you do not do so and are either not allowed to enter any country or suffer personal injury as a result, we have no liability to you for any loss or damage which you suffer. We recommend that you consult with your local doctor, travel medical service, government travel advisories or speciality vaccination clinic before commencing your travel.
13. Additional Terms
Due to the nature of some of our trips, in addition to these Booking Conditions, you may be required to sign and submit a separate waiver, different terms and/or a release form to a third-party supplier who is helping to run your trip. We reserve the right to deny participation to You if you have not signed a waiver.
14. Passport and visas
It is your responsibility to obtain information and to have in your possession all the required documentation and identification required for entry, departure and travel to each country or region you visit on your trip. This includes a valid passport and all travel documents required by the relevant governmental authorities including all visas, permits and certificates (including but not limited to vaccination or medical certificates) and insurance policies. Your passport must be valid 6 months after the last date of travel as set out on your itinerary. You accept full responsibility for obtaining all such documents, visas and permits prior to the start of the trips, and you are solely responsible for the full amount of costs incurred as a result of missing or defective documentation. You agree that you are responsible for the full amount of any loss or expense incurred by us that is a direct result of your failure to secure or be in possession of proper travel documentation.
15. Travel insurance
Travel insurance is mandatory for all our travellers and must be taken out at the time of booking. Your travel insurance must provide cover against personal accident, death, medical expenses and emergency repatriation with a minimum of US$50,000 in emergency medical coverage and US$200,000 in emergency medical evacuation/repatriation coverage, or the equivalent in your home country’s currency. We also strongly recommend it covers cancellation, curtailment, personal liability and loss of luggage and personal effects. You must provide your travel insurance policy number and the insurance company’s 24-hour emergency contact number on the first day of your trip; you will not be able to join the trip without these details. If you have travel insurance connected to your credit card, bank account, or other medical plan, you will be required to provide a written document that includes the participating insurer, the insurance policy number, an emergency contact number, and confirmation that our minimum requirements have been met. It is imperative that you purchase a policy that covers the activities you will be undertaking as part of your itinerary. Any insurance purchase decisions are yours, and yours alone.
16. Change of itinerary
You appreciate and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for alternatives. The itinerary provided for each trip is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events.
While we endeavour to operate all trips as described we reserve the right to change the trip itinerary. Please refer to your final trip documents delivered by email 3 weeks before departure for the most recent updates to your itinerary.
Before departure: If we make a major change we will inform you as soon as reasonably possible if there is time before departure. The definition of a major change is deemed to be a change affecting at least one day in five of the itinerary. When a major change is made you may choose between accepting the change, obtaining a full refund of all monies paid, minus unrecoverable costs, on the land portion of the trip only, or accepting an alternative tour offered.
After departure: We reserve the right to change an itinerary after departure due to local circumstances or a Force Majeure Event. In such emergency circumstances, the additional cost of any necessary itinerary alterations will be covered by you.
Please note we are not responsible for any incidental expenses that may be incurred as a result of any change in itineraries including but not limited to visas, vaccinations or non-refundable or non-changeable flights.
17. Authority on tour
Our scheduled group trips are run by an Gay Up Travel group leader and/or host. The decision of the group leader or host is final on all matters likely to affect the safety or well-being of any traveller or staff member participating in the trip. If you fail to comply with a decision made by a group leader or host, or interfere with the well-being or mobility of the group, the group leader or host may direct you to leave the trip immediately, with no right of refund. We may also elect not to carry you on any future trips booked. You must at all times comply with the laws, customs, foreign exchange and drug regulations of all countries visited.
18. Acceptance of risk
You acknowledge that the nature of the trip may be adventurous and participation involves a degree of personal risk. You may be visiting places where the political, cultural and geographical attributes present dangers and physical challenges greater than those present in our daily lives.
You acknowledge that you are choosing to travel at a time where you may be exposed to the COVID-19 virus. We will take all reasonable steps to ensure your safety and may require you to follow additional safety protocols on your trip.
We use information from government foreign departments and reports from our own contacts in assessing whether the itinerary should operate. However, it is also your own responsibility to acquaint yourself with all relevant travel information, including applicable health risks and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel. To the fullest extent permitted by law, we accept no liability in relation to these additional risks.
If applicable, you acknowledge and accept the risks associated with sharing a room with another solo traveller when opting out of a single supplement. You understand that you will be sharing living quarters and facilities with another solo traveller, and that we can not guarantee the outcome as it relates to compatibility and health issues known and not known by Gay Up Travel such as snoring. If a conflict or health issue arises while a tour is in progress, Gay Up Travel holds no liability or financial obligation to resolve the conflict, however the authority on tour will offer suitable and reasonable solutions at the expense of the travellers.
19. Racism, Transphobia, Homophobia & Discrimination
Gay Up Travel is committed to a hate-free environment for all guests and staff, and does not tolerate harassment of any kind, including racism, transphobia and homophobia. It is at the sole discretion of Gay Up Travel to refuse services to any guest if it is reasonably proven that the guest has engaged in racism, transphobia, homophobia or discrimination of any kind while on tour, including physical violence or verbal harassment of other guests, employees, or suppliers on an Gay Up Travel tour. In the event a guest is removed from a tour due to racism, transphobia, homophobia or discrimination, Gay Up Travel and its representatives will not be required to refund any portion of the price paid by the removed guest under the terms of this paragraph, nor shall Gay Up Travel be responsible for expenses of any kind incurred by the passenger following the removal.
20. Disclaimer of liability
Disclaimer of Liability
To the maximum extent permitted by law, we nor our agents or affiliated entities (“released parties”) shall be responsible or liable for cancelations, acts of other service providers, diversions or substitution of equipment or any act, variation, postponement, omission or default by air carriers, land carriers, hoteliers or hotels, transportation companies, or any other persons providing services or accommodations to guests not under the exclusive control of the released parties including any results thereof, such as changes in services, accommodations or facilities. Nor shall they be liable for loss or damage to baggage or property, or for any damages or claims whatsoever arising from loss, negligence or delay from the act, error, omission default or negligence of any person not its direct employee or under its exclusive control, including any act, error, omission, default, or negligence of any country, government or governmental authority, officer or employee. To the fullest extent permitted by law, the released parties shall not be liable for indirect, special or consequential damages.
Nothing in this agreement limits any liability which cannot legally be limited, including but not limited to liability for death or personal injury caused by the negligence of the released parties.
21. Optional activities
Optional activities not included in the trip price do not form part of the trip or this contract. You accept that any assistance, recommendations or advice given by your group leader or local representative in arranging optional activities (including before or after a trip) does not render us liable for them in any way. The contract for the provision of that activity will be between you and the activity provider.
22. Errors & omissions
Although we have made a concerted attempt to verify the accuracy of statements made in our trip documentation and on our website, we can not be held responsible for any error, omission or unintentional misrepresentation that may occur.
23. Claims & complaints
If you have a complaint about your trip please inform your group leader or our local representative at that time in order for them to attempt to rectify the matter. If satisfaction is not reached through these means then any further complaint should be put in writing to us within 30 days of the end of the trip.
24. Severability
In the event that any term or condition contained in these Booking Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.
25. Photos/Videos and marketing
You consent to us using videos and images of you taken during the trip for advertising and promotional purposes in any medium we choose. You grant us a perpetual, royalty-free, worldwide, irrevocable license to use such images for publicity and promotional purposes. If you do not consent to videos and images of you being used for promotional purposes, you must notify your host/group leader on tour on day 1, and it is your responsibility to avoid any group videos and images taken by that host/group leader.
26. Privacy policy
Any personal information that we collect about you will be handled in accordance with our Privacy Policy and may be used for any purpose associated with the operation of a trip. In making this booking you consent to this information being passed on to the relevant persons such as our agents, service providers or other suppliers to enable us to operate the trip or, if permitted by any relevant Spam laws, to send you marketing material in relation to our events and special offers.
You are responsible for reviewing this Privacy Policy periodically and informing yourself of any changes to this Privacy Policy.
27. Applicable law
These Booking Conditions and any dispute or claim arising out of or in connection with them are governed by and construed in accordance with the laws of Wyoming.
28. Registered address
30 N Gould St Ste R Sheridan, WY 82801