Gouptours.com (GO-UP TOURS) is based in the Republic of Mauritius and runs a Platform for tourist offers in the form of an online offer via the internet (hereinafter referred to as gouptours.com Platform). On the gouptours.com Platform users have the possibility to find and book tours, activities and experiences all over Mauritius Island and Rodrigues Island. The online offer comprises guided tours, culinary experiences, artistic experiences, sightseeing tours, city tours, transfers & trips, walking tours, hiking tours, sea activities in the lagoon, tickets for entry to sightseeing locations, thematic stays, tourist passes and other services.
This website (including text, images, videos, products, services and other information contained in or presented on the website; all together the “Website”) is provided by gouptours.com (in Mauritius). You can contact us by email at gouptours@gmail.com for both Mauritius Island and Rodrigues Island. GO-UP TOURS (based in Mauritius Island) and RODRIGUES FRIENDLY (based in Rodrigues Island, rodriguesfriendly@gmail.com ) being both part of The CNémorin Company Limited.
Bookings through the Platform are subject to the General Terms and Conditions of gouptours.com. These standard terms and conditions shall form the basis of the agreement for you and your group’s holiday and shall apply to the exclusion of any other terms and conditions whether put forward by you, your group or a third party or whether implied by law or statute.
By booking or participating in a tour and any related products or services (a “Tour”) with gouptours.com, a Mauritius based company (“gouptours.com” or the “Tour Operator”), you (“you”) agree to these Terms & Conditions (the “Terms”).
By booking a Tour you acknowledge that you have read, understood and you agree to be bound by these Terms. If you make a booking 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.
1. BOOKING
Your booking is confirmed and a contract exists when gouptours.com issues a written confirmation after receipt of the applicable amount paid. Please check your confirmation carefully and report any incorrect or incomplete information to gouptours.com as your confirmation Email will serve as proof of a valid purchase and contain relevant information about the purchase and particulars of the service concerned.
Booking for specific dates will be subject to availability. Once confirmed you will be required to print out or present your confirmed booking by smartphone,tablet or printed out version upon arrival to each supplier,failure to do so could result in the supplier refusing you entry or charging you on the spot.
You must be at least 18 years of age to make a booking. You agree to provide full, complete and accurate information to gouptours.com.
2. BOOKING ON BEHALF OF OTHERS
By booking on behalf of other participants, you are deemed to be the designated contact person for every participant included on that booking. This means that you are responsible for making all payments due in connection with your Tour booking, notifying the Tour Operator or your travel agent if any changes or cancellations are required and keeping your party informed.
By booking on behalf of another person or persons, you represent and warrant that you have obtained all required consents. You are responsible for verifying that any information you provide on behalf of another participant is complete and accurate and the Tour Operator will under no circumstances be liable for any errors or omissions in the information provided to complete a booking.
3. REQUIRED MEDICAL INFORMATION
You must provide any medical information reasonably requested by gouptours.com
If you have any pre-existing medical conditions which may impact your ability to participate in a Tour, travel to remote areas without access to medical facilities or may adversely affect the experience of others on your Tour, you must inform gouptours.com at the time of payment for the applicable booking.
Gouptours.com will maintain the information in accordance with GO-UP TOURS’s Privacy Policy available at https://gouptours.com/terms-conditions/privacy/.
Gouptours.com reserves the right to request further information or professional medical opinions where necessary, as determined in its discretion, for your safety or the safe operation of a Tour.
Gouptours.com reserves the right to deny you permission to travel or participate in any aspect of a Tour at any time and at your own risk and expense where the Tour Operator determines that your physical or mental condition renders you unfit for travel, or you represent a danger to yourself or others.
Pregnancy is considered a medical condition and must be disclosed to gouptours.com at the time of booking. Gouptours.com may refuse to carry women who are over 24 weeks pregnant. The Tour Operator may refuse to carry anyone with certain medical conditions if reasonable alternatives cannot be arranged.
In the event that you do not supply the required information or provide medical information required by the Tour Operator for any reason, Gouptours.com reserves the right to cancel your booking and all applicable cancellation fees will apply.
You are responsible for assessing whether a Tour is suitable for you. You should consult your physician to confirm your fitness for participation in any planned activities. You should seek your physician’s advice on vaccinations and medical precautions. Gouptours.com does not provide medical advice. It is your responsibility to assess the risks and requirements of each aspect of the Tour based on your own unique circumstances, limitations, fitness level and medical requirements.
Travel with the Tour Operator may involve visiting remote regions, where medical care may not be easily accessible and medical facilities may not meet the standards of those found in your home country. The condition of medical facilities in Mauritius may vary depending on the type of your Tour and the Tour Operator makes no representations and gives no warranties in relation to the availability or standard of medical facilities in those regions.
4. SPECIAL REQUIREMENTS
Any special requirements must be disclosed to gouptours.com at the time of booking. The Tour Operator will use reasonable efforts to accommodate special requirements or requests but this is not always possible given the nature of some destinations and availability of options outside a planned itinerary. Certain activities may be inaccessible to you if your mobility is limited in any way. All food allergies and dietary restrictions must be disclosed to gouptours.com at the time of booking however this does not mean that gouptours.com can guarantee that dietary needs or restrictions can be accommodated. Any special requests or requirements do not form part of these Terms or the contract between you and gouptours.com and that gouptours.com is not liable for any failure to accommodate or fulfill such requests.
5. AGE REQUIREMENTS
Anyone under the age of 18 on the date of first travel is considered to be a minor. Minors must always be accompanied by an adult.
Gouptours.com does not provide care services for minors and expressly disclaims any responsibility for chaperoning or controlling any minor(s).
6. INSURANCE REQUIREMENTS
Gouptours.com strongly recommends that clients take out the necessary insurance requirements before travelling.
You acknowledge that insurance coverage is not included in the cost of any Tour offered by gouptours.com and you are required to obtain separate coverage at an additional cost. It is your responsibility to ensure that you have sufficient coverage and comply with the terms of the applicable insurance plans. You are responsible for advising your insurer of the type of excursions and activities included in your booking so that the insurer may provide appropriate coverage.
7. PRICES, SURCHARGES AND TAXES
Gouptours.com will not increase the price of your Tour after you have paid in full. Tours are priced and advertised inclusive of applicable taxes.
From time-to-time the Tour Operator may offer reduced pricing on certain products or services. Reduced pricing applies only to new bookings. Bookings where payment of at least a deposit has been received by the Tour Operator are not entitled to reduced pricing.
8. DETAILS REQUIRED FOR BOOKING
As a condition of booking, you must provide the information requested by gouptours.com along with final payment. If you fail to supply information required by gouptours.com for discounts, tickets, or other inclusions, you will also be liable for any costs, fees or losses including failure to obtain or provide that inclusion.GO-UP TOURS will not be held responsible for any fees you incur as a result of errors, omissions, inaccuracies, late, misplaced or otherwise incomplete information you have provided.
9. FINAL PAYMENT & ACCEPTANCE OF BOOKING
The confirmation sent by the Tour Operator or your travel agent will contain details of final payment required for any booking. Payment of the balance of the price for any products or services booked and custom-tailored products or services is due 7 days before the departure date of the first product or service included in the applicable booking. If full payment is not received by the applicable due date, the Tour Operator may, at its sole discretion, change the rate payable for the booking, or treat the booking as cancelled and retain the deposit paid on booking as a cancellation fee. If a booking is made less than 7 days before the departure date of the first product included in the applicable booking, then the full amount must be paid at the time of booking. If, for any product or service booked, payment terms differ from those outlined in this, the applicable terms will be communicated to you prior to booking and will also be detailed on the applicable invoice.
10. CANCELLATION BY THE PARTICIPANT
You may cancel your booking by notifying the Tour Operator. Cancellation fees, if any, will be determined with reference to the date on which notice of cancellation is received by the Tour Operator and are expressed as a percentage of the total price paid for the cancelled Tour, product or service (excluding any insurance products).
Cancellation of a Tour:
11. GUARANTEED DEPARTURES & CANCELLATION OF A TOUR BY THE TOUR OPERATOR
A departure date for a Tour offered by the Tour Operator will become a guaranteed departure when at least one booking secured by a valid deposit has been made on that departure.
The Tour Operator guarantees that all scheduled Tour departures booked and secured with a valid deposit will depart as indicated on the applicable confirmation, subject to reasonable itinerary changes as described in these Terms or good faith and health and safety concerns. This guarantee is not applicable in the case of Force Majeure. Up to date Tour and itinerary information is available on the Tour Operator’s website or by contacting the Tour Operator. Brochures and other printed materials displaying Tour information and departure dates are subject to change may not be relied upon for purposes of this guarantee.
If a Tour is cancelled by the Tour Operator before the date of departure for reasons other than Force Majeure and the cancellation is not caused by your fault or negligence, you will have the choice of accepting from the Tour Operator:
The Tour Operator is not responsible for any incidental expenses or consequential losses that you incur as a result of the cancelled booking including visas, vaccinations, non-refundable flights or rail, non refundable car parking or other fees, loss of earnings, or loss of enjoyment, the Tour Operator reserves the right to issue a full refund in lieu of the choices above, in its sole discretion. Where a significant element of a Tour as described cannot be provided after departure, the Tour Operator will make suitable alternative arrangements where possible. If it is not possible to provide a suitable alternative or if you reasonably reject any suitable alternatives, the Tour Operator may provide you with a refund for unused products or services as determined in its discretion.
12. TRAVEL DOCUMENTS
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. 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. You must have a passport that is valid 6 months after the last date of travel with the Tour Operator as set out on your itinerary. You accept full responsibility for obtaining all such documents, visas and permits prior to the start of the Tour, 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 the Tour Operator that is a direct result of your failure to secure or be in possession of proper travel documentation. The Tour Operator does not provide advice on travel documents and makes no representations or warantees as to the accuracy or completeness of any information provided on visas, vaccinations, climate, clothing, baggage, or special equipment and you agree that the Tour Operator is not responsible for any errors or omissions in this information.
13. FLEXIBILITY & UNUSED SERVICES
You acknowledge that the nature of adventure travel requires flexibility and acknowledge that you will permit reasonable alterations to products, services or itineraries by the Tour Operator. The route, schedules, accommodations, activities, amenities and mode of transportation are subject to change without notice due to unforeseeable circumstances or events outside the control of the Tour Operator (including but not limited to Force Majeure, illness, mechanical breakdown, flight cancellations, strikes, political events and entry or border difficulties). No reimbursements, discounts or refunds will be issued for services that are missed or unused after departure due to no fault of the Tour Operator, including your removal from a Tour because of your negligence or breach of these Terms.
14. CHANGES
Changes made by the Tour Operator: The Tour Operator may modify your itinerary where reasonably required in its sole discretion. If the Tour Operator makes a change which materially affects the character of a product or service in its entirety (a “Material Change”), the Tour Operator will provide notice to you as soon as reasonably possible, provided that there is sufficient time to do so before departure. If a Material Change is made more than 14 days before departure, you may choose to:
You must notify the Tour Operator of your choice within 7 days of receiving the notice or you will be deemed to accept the amended itinerary.
Once a Tour has departed, itinerary changes may be necessary as a result of unforeseen circumstances, operational concerns, or concerns for your health, safety, enjoyment or comfort. Any changes are at the discretion of the Tour Operator. You acknowledge that you must have reasonable financial resources to cover incidental expenses during all travel with the Tour Operator, whether or not such expenses arise from a change of itinerary, and the Tour Operator is not liable for your failure to prepare adequately for travel and unforeseen circumstances which may arise during travel. The Tour Operator will not be liable for any indirect and or consequential losses associated with any changes to a booking or itinerary.
Changes made by you: You are responsible for ensuring that information provided to the Tour Operator is accurate and up-to-date. Any changes to your name on any booking are subject to the Tour Operator’s approval. Any changes to a booking depend on availability and are subject to the Tour Operator’s approval and these Terms. Any extra costs incurred for making the change will be charged to you along with an administrative fee. Cancellation of any Tour, product or service included in a booking will not be considered a change for purposes of this section and will be governed by the applicable cancellation terms.
15. ACCEPTANCE OF RISK
You acknowledge that adventures, travel and the products and services offered by the Tour Operator may involve a significant amount of risk to your health and safety. By traveling with the Tour Operator you acknowledge that you have considered any potential risks to health and safety. You hereby assume responsibility for all such risks and release the Tour Operator from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in travel, including adventure travel specifically, visiting foreign destinations, and participating in adventurous activities such as those included in Tour itineraries or otherwise offered by the Tour Operator. You acknowledge that the degree and nature of personal risk involved depends on the products or services booked and the location(s) in which a product or service operates, and that there may be a significant degree of personal risk involved in participating, particularly participating in physical activities, travel to remote locations, carriage by watercraft, participation in “extreme sports” or other high-risk activities, or travel to countries with developing infrastructure. Standards of hygiene, accommodation and transport in certain countries where Tours take place are often lower than the standards you may reasonably expect in your home country or region. You agree that the Tour Operator is not responsible for providing information or guidance with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where a Tour, product or service is operated. You acknowledge you have considered the potential risks, dangers and challenges and your own personal capabilities and needs, and you expressly assume the risks associated with travel under such conditions.
You must at all times strictly comply with all applicable laws and regulations of all countries and regions. Should you fail to comply with the above or commit any illegal act when on Tour or, if in the opinion of the Tour Operator (acting reasonably), your behaviour is causing or is likely to cause danger, distress or material annoyance to others, the Tour Operator may terminate your travel arrangements on any product or service immediately at your expense and without any liability on the Tour Operator’s part. You will not be entitled to any refund for unused or missed services or costs incurred as a result of termination of your travel arrangements, including, without limitation, return travel, accommodation, meals, and incidentals.
You are responsible for any costs (including repair, replacement and cleaning fees) incurred by the Tour Operator or the Tour Operator’s suppliers for property damage, destruction or theft caused by you while on a Tour. You agree to immediately report any pre-existing damage to a representative of the Tour Operator and staff of the accommodation, transportation service, or facility as soon as possible upon discovery.
You agree to take all prudent measures in relation to your own safety while on Tour including, but not limited to, the proper use of safety devices (including seatbelts, harnesses, flotation devices and helmets) and obeying all posted signs and oral or written warnings regarding health and safety. Neither the Tour Operator nor its Third Party Suppliers (as defined herein) are liable for loss or damage caused by your failure to comply with safety instructions or warnings.
You agree to bring any complaints to the Tour Operator as soon as possible in order to provide the Tour Operator with the opportunity to properly address such complaints. You agree to inform your tour leader, another representative of the Tour Operator or the Tour Operator’s customer service department directly. The Tour Operator assumes no liability for complaints that are not properly brought to the attention of the Tour Operator and cannot resolve or attempt to resolve complaints until proper notice is provided. Any complaint made after the completion of a Tour must be received in writing by the Tour Operator within 30 days of the last day of travel of the booking in question.
16. THE TOUR OPERATOR IS NOT LIABLE FOR THIRD PARTY SUPPLIERS
The Tour Operator makes arrangements with accommodation providers, activity providers, airlines, coach companies, transfer operators, shore excursion operators, sea activities operators, tour and local guides, and other independent parties (“Third Party Suppliers”) to provide you with some or all of the components of your booking. Third Party Suppliers may also engage the services of local operators and sub-contractors. Although the Tour Operator takes all reasonable care in selecting Third Party Suppliers, the Tour Operator is unable to control Third Party Suppliers, does not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. Any services provided by Third Party Suppliers are subject to the terms and conditions imposed by these Third Party Suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements that govern the provision of their services. These may limit or exclude liability of the Third Party Supplier. You acknowledge that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and the Tour Operator does not warrant that any Third Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction.
The Tour Operator is not liable and will not assume responsibility for any claims, losses, damage, costs or expenses arising out of inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from the act or omission of any party other than the Tour Operator and its employees.
The Tour Operator is not liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors.
17. OPTIONAL EXTRAS
“Optional Extras” refers to any activity, transportation, meal, product or service not expressly included in the Tour itinerary or price of the Tour and which does not form part of the Tour. You agree that any assistance given by the Tour Operator’s representative(s) in arranging, selecting, or booking, any Optional Extras is purely at your request and the Tour Operator makes no warranties and expressly disclaims any liability whatsoever arising from participation in Optional Extras or any information provided by any representative of the Tour Operator regarding any Optional Extras. You release the Tour Operator from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to or arising from participation in or booking of Optional Extras.
You acknowledge and agree that any liability for loss, damages, death, personal injury, illness, emotional distress, mental suffering or psychological injury or loss of or damage to property associated with Optional Extras is the sole responsibility of the third party providing that service or activity.
18. LIABILITY
The Tour Operator and its partners, and their respective employees, affiliates, officers, directors, successors, representatives, and assigns shall not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any other provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such other provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. You waive any claim against the Tour Operator for any such loss, damage, injury, or death.
In the event that any loss, death, injury or illness is caused by the negligent acts or omissions of the Tour Operator or of the Third Party Suppliers of any services which form part of the booking contract then the Tour Operator limits its liability, where applicable by all applicable international conventions.
19. FORCE MAJEURE
The Tour Operator will not be liable in any way for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for the Tour Operator’s failure to commence, perform or complete any duty owed to you if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of the Tour Operator; or an event which the Tour Operator or the Third Party Supplier of services, even with all due care, could not foresee any and all of which, individually and collectively, constitute “Force Majeure”.
20. IMAGES AND MARKETING
You agree that, while participating in any Tour, images, photos or videos may be taken by other participants, the Tour Operator or its representatives that may contain or feature you. You consent to any such pictures being taken and grants a perpetual, royalty-free, worldwide, irrevocable license to the Tour Operator, its contractors, sub-contractors and assigns, to reproduce for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sub-licensees), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation or compensation payable to you.
21. PRIVACY POLICY
The Tour Operator must collect your personal information to deliver the Tour and any products or services booked. The Tour Operator collects, uses and discloses only that information reasonably required to enable the Tour Operator and its Third Party Suppliers to provide the particular Tour, products and/or services that you have requested as described in the Tour Operator’s Privacy Policy, which can be accessed any time at https://www.gouptours.com/privacy-policy/ and is expressly incorporated into these Terms. By submitting any personal information to the Tour Operator, you indicate your acceptance of the Tour Operator’s Privacy Policy.
22. APPLICABLE LAW
The Contract and these Terms are subject to the laws of Mauritius and you submit to the exclusive jurisdiction of the courts located in Mauritius for the resolution of any dispute under these Terms or concerning any Tour, product or service.
23. AMENDMENTS
The Tour Operator reserves the right to update or alter these Terms at any time, and will post any amended Terms on the Tour Operator’s website at https://gouptours.com
