Terms and Conditions With GoBananas
These Terms and Conditions apply to the gobananas.co.uk website and the GoBananas Guide. Separate Terms and Conditions apply to the Online Booking Service provided by HelpMeGo.to and these can be viewed here - www.helpmego.to/terms.html
1. Access to and use of this web site is provided by HelpMeGo.To Limited and subject to the following Terms and conditions
2. Use of this site constitutes your acceptance of these terms and conditions which take effect on the date which you first use the site.
3. HelpMeGo.To reserves the right to change these terms and conditions at any time by posting changes online. You are responsible for reviewing regularly information posted online to obtain timely notice of such changes. Your continued use of this site after changes are posted constitutes your acceptance of this agreement as modified by the posted changes.
4. HelpMeGo.To may publish content on the web site which may be very general or slightly different to the specific activity booked. You will be emailed a specific description in a proposal before you book the activity. HelpMeGo.To may change the description on the website without any notice.
5. Except where otherwise noted, the contents of this web site including the design, text, graphics and arrangement of the pages are our property and are our copyrighted material or that of the relevant content providers. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
6. In accessing HelpMeGo.To 's web pages, you agree that you may only download the content for your personal non-commercial use. HelpMeGo.To Limited reserves the right to withdraw this authorisation at any time by notice on this web site.
7. You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of these HelpMeGo.To web pages for any other purpose whatsoever without the prior written permission of HelpMeGo.To .
8. You agree to use this site only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this site.
9. The names, images and logos identifying HelpMeGo.To or third parties and their products and services are proprietary marks of HelpMeGo.To and/or third parties. Nothing contained herein shall be construed as conferring by implication, or otherwise any licence or right under any trade mark or patent or copyright.
10. While Using this web site you may access third party web sites through links. Such third party web sites are not under our control and we are not responsible for the availability of such sites or their contents. Any links provided on the web site are provided for your interest or convenience only and do not represent or imply any endorsement by us of such linked site and we cannot be held liable for any loss or damage which may arise from use of such third party web site or contracts entered into resulting from the use of such third party web sites. You acknowledge that the use of such third party web sites is governed by the terms and conditions of use applicable to such sites.
Disclaimer Regarding Merchandise and Products
11. merchandise, products or services may be provided to you by third parties through this web site or links to third party web sites on this web site. neither we nor any of our officers, directors, shareholders, employees, agents, affiliates, or sponsors, licensors or the like, make or give any representation or warranty or condition, either express or implied, to you regarding any such merchandise, products or services nor the content of any third party provider's web site nor the accuracy or completeness of any third party provider's representations nor the legality, reliability, quality or suitability of any third party providers or their merchandise, products or services.
12. your transactions with any third party provider are solely between you and the third party provider and are subject to any terms and conditions that may apply to such transactions. you agree to pay all charges incurred by you with any third party provider. you will also be responsible for paying all applicable taxes (if any) relating to such charges.
13. Before entering into any transaction to acquire merchandise, products or services from any third party provider made available through this Web Site please see section above entitled "Links To Other Web Sites". Exclusion of Liability 13. This site and the information, names, images, pictures, logos and icons regarding or relating to HelpMeGo.To , its products and services (or to third party products and services), is provided "AS IS" and on an "IS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
14. In no event will HelpMeGo.To be liable for any damages including, without limitation indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other delict action, arising out of or in connection with the use of the site. HelpMeGo.To does not warrant that the functions contained in the material contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials.
15. No warranty is given that this web site shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability.
16. We accept no liability in respect of losses or damages arising out of changes made to the content of this web site by any third parties.
17. Access to and use of this web site is at your own risk and we do not warrant that use of this web site or any material downloaded from it will not cause damage to any property or data, including but not limited to loss of use of data or equipment, loss of data or computer virus infection.
18. Nothing in these terms and conditions shall attempt to exclude liability for death or personal injury arising from our negligence or breach of duty or for fraudulent misrepresentations.
20. If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms and conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
21. These terms and conditions shall be governed by and construed in accordance with the laws of Scotland. Disputes arising herefrom shall be exclusively subject to the jurisdiction of the courts of Scotland.
Content on Website
23. While we have made every attempt to ensure that the information contained in this Site has been obtained from reliable sources and is accurate, HelpMeGo.To Ltd is not responsible for any errors or omissions (in particular any errors or omissions to the displayed prices of our packages, activities and accommodation), or for the results obtained from the use of this information. All information in this Site is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied.
If you have any queries regarding the above disclaimer please feel free to contact us.
Customer Use and Bookings Terms and Conditions
Booking Terms and Conditions
Your contract is with HelpMeGo.To Limited ("HMGT") a limited company registered in Scotland. Registered office is at Ericht Lodge, Ashgrove Road, Blairgowrie, Perthshire PH10 7BS. The contract is made under Scottish Law and subject to the jurisdiction of the Scottish Courts. Separate terms and conditions as outlined below cover each element of your event or activity. However when you book flights with us we act as agents for ATOL holders and when you book overnight accommodation with an event or activity different conditions apply (see below)
Every attempt has been made to use clear and concise language in these terms and conditions, if any terminology has been used which is not fully understood, please feel free to contact us for clarification before you sign the booking form.
Bookings For Events Or Activities OnlyBookings For Events Or Activities Only
1. Bookings are valid after:
a) The appropriate deposit has been paid and
b) The booking has been confirmed in writing (including any advice by e-mail) by HMGT to the lead customer.
The event or activity that you and your party have booked is as described in our final confirmation letter issued once all monies have been collected.
2 The lead person who submits an enquiry certifies that he or she is authorised to agree the Booking Terms and Conditions on behalf of all persons expected to attend the event, including those substituted or added at a later date. The lead person must be 18 years or over.
3. A deposit of 20% of booking value per person must accompany bookings, and this is non-refundable. The balance together with any insurance premium payable under clause 8 must be paid at least FOUR weeks prior to the commencement of the event or activity. If the booking is within 4 weeks of the event or activity, payment in full is required at the time of booking.
4. If the booking is a present or gift for another person we will provide you with a voucher for the particular activity or event you have chosen upon receipt of full payment. The voucher will be valid for a period of 12 months from the date of the booking. The voucher may be redeemed during that period subject to any cancellation charges that may apply under clause 5.
Cancellation and Amendment
5. If you wish to cancel any part of the booking you should advise us immediately by telephone followed by a confirmatory letter which must be signed by the lead person who originally submitted the enquiry. HMGT shall be entitled to retain all payments already made and to recover, if not already paid, the balance of the total cost as follows:
31+ days notice 20% of the charge
Less than 30 days notice 100% of the charge
6. If you wish to make amendments to your booking we will do our best to check on availability with our suppliers and advise you if this is possible and any additional price to pay. HMGT reserve the right to apply cancellation charges to any individual element of the package as described in Clause 5.
7. In the unlikely event that circumstances beyond our control require the cancellation of the event or activity, we reserve the right to cancel any bookings at any time and will only be liable to refund monies already paid by you. In the unlikely event that the supplier of the event or activity withdraws it from our programme we reserve the right to substitute another similar event or activity. We cannot guarantee that all the facilities and equipment described in the HMGT brochure or web site will be available. The photographs and descriptions used are examples of the facilities and equipment used for that type of event or activity.
8. You agree to pay us a deposit of 20% of the full fee to secure a booking and the balance of the total cost in accordance with clause 3. If you fail to pay HMGT by the due date your event or activity may be cancelled and the cancellation charges in clause 5 will apply.
9. All persons attending an event organised by HMGT are responsible for organising their own insurance covering the risk of participation in the event or activity. We ask that all participants are fully and adequately insured.
10. HELPMEGO.TO LTD is a company committed to customer satisfaction and consumer financial protection. We are therefore pleased to announce that, at no extra cost to you, and in accordance with ''The Package Travel, Package Tours Regulations 1992'' all passengers booking with HELPMEGO.TO LTD are fully insured for the initial deposit, and subsequently the balance of monies paid as detailed in your booking confirmation form. The policy will also include repatriation if required, arising from the cancellation or curtailment of your travel arrangements due to the insolvency of HELPMEGO.TO LTD. This insurance has been arranged by Towergate Chapman Stevens through HCCI International Insurance Company PLC.
In the unlikely event of Insolvency you must Inform Towergate Chapman Stevens immediately on 01932 334140 or alternatively in writing to Towergate Chapman Stevens, Towergate House, 22 Wintersells Road, Byfleet , Surrey KT14 7LF. Please ensure you retain this booking confirmation form as evidence of cover and value.
Policy exclusions: This policy will not cover any monies paid for Travel Insurance or any claim relating to Air Flights. Please ensure the Company you have booked with has the appropriate CAA / ATOL Bonds in place.
Health, Safety And Fitness
11. Many events and activities require a good level of fitness strength and endurance and it is your responsibility to ensure that you have the appropriate level. Many events are not recommended for those with any disability, illness or infirmity. You should check with your doctor that you are sufficiently fit and healthy to participate in the event or activity. If you are disabled or less mobile we will be pleased to help you to select particular events or activities which are suitable to your requirements.
12. Many events and activities require a high level of concentration and the use of alcohol or drugs is strictly forbidden and if you or any member of your party have, at the discretion of our suppliers, been using drink or drugs, they reserve the right to cancel your participation forthwith, and no refunds will be paid.
13. Any damage caused by the lead person or any of the participants of an activity or event will be charged directly to the lead person. This will include any intentional damage or damage arising from unreasonable behaviour to suppliers' equipment, machinery, furnishings (including hotels) and public areas within the facilities booked by you. The management of our suppliers have the right to refuse ongoing services or entry to their premises to any individual whose behaviour is in their sole opinion inappropriate.
14. Some activities are by their nature dangerous. Those you have booked to participate in this type of activity assume the risks involved and HMGT cannot be responsible for claims for injury or loss, unless caused by the negligence of HMGT. This is why we ask all participants to be fully and adequately insured and we only use the most reputable suppliers, who comply with all standards and regulations and who themselves have proper insurance.
Postponement Due To Weather Etc
15. Many outdoor activities and events are dependent upon weather conditions to ensure the safety of all participants. Where any event has to be cancelled due to poor weather, we will do our best to ensure you are advised in advance. If this is not possible you may be advised upon arrival. In either case we will re-schedule the activity or event for another date, and no refund will be payable.
Force Majeure/Low Bookings
a) "Force Majeure": includes war, threat of war, riot, civil disobedience or strife, industrial dispute, terrorist activity, natural or industrial disaster, fire, adverse weather conditions, unforeseen operational decisions of air carriers such as changes of schedule, or any unforeseeable or unavoidable event beyond the Company's control.
"Low Bookings": is where the number of persons who have booked a particular arrangement is less that the minimum required to make it viable.
16. All prices and other information advised to you are subject to availability.
Liability for Bookings
17.1 We accept responsibility for ensuring that the order that you book with us are supplied as described and that the services we are contractually obliged to provide are to a reasonable standard. If any part of your package is not provided as promised, we will pay you appropriate compensation if this has affected the enjoyment of your arrangements. We accept responsibility for the acts and/or omissions of our employees, agents, and suppliers except where they lead to death, injury or illness.
17.2 We do not accept responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents, together with our suppliers and sub-contractors, servants and/or agents of the same whilst acting within the scope of, or in the course of their employment in the provision of your booking.
17.3 In respect of carriage by air, sea and rail and he provision of accommodation, our liability in all cases will be limited in the manner provided by the relevant international convention.
18. In cases where the travel regulations do not apply claims other than of death or injury caused by the negligence of HMGT, neither HMGT or its suppliers will be responsible for any claim for death, injury, damage or loss which may arise otherwise.
19. Should you be unhappy with any element of your combined arrangements, you should notify us immediately so that we have an opportunity to investigate / rectify the problem. Should the problem be related to the accommodation, details should be passed immediately to us. If you continue to be dissatisfied and wish to complain formally, this should be done in writing and sent to the Company's registered office within seven days of the return date. As long as the above conditions have been observed, the matter will be investigated and a reply will be sent to you within 4 weeks of receipt of the complaint. If compensation is deemed to be appropriate by the company this will be limited only to the cost of the particular element of the package where the problem has arisen.