Terms and Conditions
These Terms and Conditions apply to bookings made April 6, 2023 or after.
Please read these “Terms and Conditions” carefully as they contain important information about your legal rights and obligations.
We, Go Ask A Local, referred to in these Terms and Conditions as “Go Ask A Local”, operate a marketplace platform that connects users and independent tour guides, travel consultants, and travel agencies who shall be referred to as “Local Experts”. Our platform allows independent tour guides, travel consultants, and travel agencies “Local Experts”, to market their tours, package trips, and travel consulting services and travelers to find and book guided tours, package trips, and travel consulting services, and process payments. We do not publish, create, sell, control, offer, deliver, or supply any guided tour, package trip, or travel consulting service. We are not a travel agency or a tour operator, and we do not provide tours, package trips, or travel consulting services ourselves. When you make a booking, you are entering into a contract directly with a Local Expert. In no event shall Go Ask A Local be deemed a party to any agreement whereby you book a guided tour, package trip, or travel consultation from a Local Expert. The Local Experts, and not Go Ask A Local, are responsible for the tours, package trips, and consulting services they publish and provide.
IMPORTANT: PLEASE REVIEW THE LITIGATION CLASS ACTION WAIVER PROVISION CONTAINED HEREIN, AS IT REQUIRES THE PARTIES TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SITE AND/OR THE SERVICES.
1. Introduction.
These Terms and Conditions, as may be modified and amended from time to time, sets forth the terms on which:
(a) Go Ask A Local (“Go Ask A Local”, “We”, “us” or “our”) provide services (“Services”) through its proprietary marketplace platform accessible via the www.goaskalocal.com website and subdomains (the “Site”) and/or over the phone and/or by email and/or over Zoom and/or over Google Meet;
(b) to any person (“You”) that accesses the Site and/or uses our Services, which includes booking guided tours (the “Tours”), travel consulting services (the “Consultations”), and package trips (the “Trips”) from independent tour guides, travel agencies, and travel consultants (the “Local Experts”).
2. Acceptance of These Terms and Conditions.
When You access the Site and/or use our Services, You hereby represent and warrant that:
(a) You have read, understand, and agree to comply with and be bound by these Terms and Conditions;
(b) You are an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country in which You are established;
(c) You are able to enter into legally binding contracts; and
(d) You are not forbidden by Go Ask A Local to access and/or use the Site.
If You do not agree to be bound by these Terms and Conditions, You may not access and/or use the Site and/or our Services and should immediately leave the Site.
3. Scope of Go Ask A Local Services.
We operate the Site, which is an online marketplace platform which allows the Local Experts to upload and publish their Tours, Consultations, and Trips and You to search and book Tours, Consultations, and Trips and post reviews and process payments.
You may search for Tours, Consultations, Trips, and Local Experts using a variety of filters. Once You decide on a specific Tour, Consultation, or Trip You may connect and conclude contracts directly with the Local Experts and through the Site.
We are constantly updating our Site and its functionalities. Therefore, We may modify and/or delete any functionality on the Site and/or introduce new ones from time to time.
4. Payment.
You will ensure that any and all payments to the Local Experts are processed through the Site, or such other means as Go Ask A Local may determine.
You will make payment of bookings by credit card or other form of payment available through the Site. We do not store credit card information. Go Ask A Local uses a third party service to process your payment information for all transactions made through Go Ask A Local. You authorize Go Ask A Local and its payment service partners to process your payments. These payment processing services are governed by the terms and conditions of those third party services and will apply to the payments You make through their system.
5. Cancellations.
All sales of Tours, Trips, and Consultations are final and there are no refunds, except in the following cases. The refund terms vary according to the Service purchased.
Tours
You will receive a 100% refund of the Tour price (minus our 3% Processing Fee) if You cancel at least 15 days before the start date of the Tour. Cancellations made within 14 days of the start date of the Tour are non-refundable. Timing is calculated in accordance with the time zone of the Tour.
Go Ask A Local Tour prices include a 3% Processing Fee which is always nonrefundable.
Any ticket fees included in your booking are nonrefundable regardless of the date of cancellation.
Trips
The Cancellation and Refund policy for your Trip is subject to the terms and conditions of the Local Expert. These terms will be provided to you in writing prior to your making payment. Any refund you may be entitled to will be from the Local Expert. Local Experts may choose to offer credits in place of a refund. We are not responsible for a Local Expert’s failure to pay a refund or for Local Expert bankruptcy or insolvency.
Go Ask A Local Trip prices include a 10% Service Fee and a 3% Processing Fee. The 3% Processing Fee is always nonrefundable.
Consultations
Trip planning consultations can be cancelled for a full refund up until 7 days from the date of your consultation. Consultations cancelled less than 7 days prior to the consultation date are non refundable. Consultations can be rescheduled once, with at least 24 hours notice prior to the consultation start date/time. Rescheduling requests made within 24 hours of the consultation start date/time cannot be accommodated. Cancellations within 7 days of your scheduled date and no-shows will be charged the full rate of the consultation.
Travel Insurance
We encourage you to purchase a Travel Insurance plan that includes Cancel for Any Reason coverage. Such a plan at a minimum should cover Trip Cancellation or Interruption, Cancel for Any Reason, Medical Expense, Emergency Evacuation/Repatriation, and Baggage. Travel insurance 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. Time constraints may limit purchasing coverage, so you must purchase protection as soon as possible after booking. If you choose to travel without adequate coverage, we will not be liable for any losses for which travel protection plan coverage would otherwise have been available.
6. Errors.
In the event of an error in connection with the pricing or charging of a Trip or Tour, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the purchase and refund any amount charged. Your sole remedy in the event of a billing error is to obtain a refund for the excess amount charged. To be eligible for such refund, you must provide notice of any billing error within 120 days of the date of the billing statement in which such error first appeared.
7. Credit Card Chargebacks.
You have the ability to dispute charges with credit card companies (“chargebacks”). If you have a question about a charge on your credit card statement, you agree to contact Go Ask A Local prior to disputing a charge with your credit card company to discuss any questions or concerns about your charges with us. Go Ask A Local will work with you in resolving your concerns. Go Ask A Local retains the right to dispute any chargeback that it believes is improper, as described more fully below. Go Ask A Local also retains the right to cancel any Trip, Tour, or Consultation in the event of a chargeback related to that Service. By using Go Ask A Local to purchase a Trip, you accept and agree to the relevant cancellation policy of that Local Expert. Please note that certain Trips and Tours are not eligible for cancellation or change. Go Ask A Local deems the following chargeback scenarios as improper and retains the right to investigate and rebut any such chargeback claims and to recover costs of such chargeback claims from You.
Chargebacks resulting from the purchase of a non-refundable Trip or Tour in the event that Go Ask A Local or the Local Expert cannot provide a refund, whether or not the Trip or Tour is used.
Chargebacks arising from the Local Expert’s failure to deliver a Trip or Tour in a manner that’s consistent with the Local Expert’s product description.
Chargebacks resulting from force majeure, including but not limited to pandemics, natural disasters, political unrest and border closings or other circumstances that are beyond the control of Go Ask A Local or its Local Experts.
8. Independent Contractor Relationship.
You understand, acknowledge and agree that all the Local Experts are independent contractors and not employees, agents, joint venturers or partners of Go Ask A Local, and that the Local Experts act exclusively on their behalf and for their own benefit, and not on behalf, or for the benefit, of Go Ask A Local.
You hereby understand and expressly agree that Go Ask A Local does not direct or control the Local Experts generally or in their performance during the Tours, Consultations, or Trips including, but not limited to, quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Local Experts, nor the integrity, responsibility or any of the actions whatsoever of the Local Experts.
The Local Experts, and not Go Ask A Local, are responsible for determining, understanding and complying with all laws, rules and regulations that apply to their activity and to the Tours, Consultations, and Trips provided to You.
Our Service enables you to interact with Local Experts who may help you to arrange reservations in connection with your trip to a specific destination (each, a "Trip"). A Trip may include just hotel reservations or may also include a range of other items, such as reservations for events, rentals or guides. When you purchase a Trip arranged by a Local Expert, you are entering into an agreement with that Local Expert and accepting their terms and conditions. These terms will be provided to you in writing prior to your making payment. It is your responsibility to read the terms laid out to you by the Local Expert. You agree that Local Experts are solely responsible for the Trips, including for fulfilling all items purchased in connection with a Trip, and that you will look solely to Local Experts to resolve any disputes you may have regarding a Trip. That said, if you have any problems with a Local Expert or a Trip, please do contact us at ops@goaskalocal.com as we may be able to help resolve the problem.
Go Ask A Local (i) does not employ, recommend or endorse any Local Expert and has no control over the acts or omissions of any Local Expert; (ii) is not responsible or liable in any manner for the conduct of any Local Expert or other third parties online or offline; (iii) makes no representations or warranties about the quality of the services provided by any Local Expert or about your interactions or dealings with any Local Expert; and (iv) does not screen Local Experts or automatically conduct any kind of identity or background checks. You should exercise caution and perform your own screening before connecting with Local Experts on our Site, meeting anyone, hiring Local Experts or purchasing their services. Go Ask A Local hereby expressly disclaims, and you hereby expressly release Go Ask A Local from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or related to our Services or your interactions or dealings with Local Experts, including any acts or omissions of Local Experts online or offline. All use of our Services is at your sole and exclusive risk.
9. Acceptance of Risk and Waiver of Liability.
We urge You to obtain suitable medical insurance prior to booking a Tour or Trip.
You acknowledge that all travel involves an element of risk. Also, some Tours and Trips may be adventurous in nature and may involve a significant amount of personal risk. We encourage You to ask the Local Experts for information and fully educate yourself about any risks, skills and level of fitness inherent to the Tour or Trip.
Also, We strongly encourage You to search for information about your destination to determine the level of risk when traveling to certain areas. We do not make any representation and/or warranty about any risk associated with any travel destination and We are not liable for any damage or loss that may arise out of, or in connection with, any such destination.
You hereby assume all such risk and You, your estate, your family, heirs and assigns hereby agree to release and hold harmless Go Ask A Local, its parent, subsidiaries, affiliates, directors, and employees from all liabilities and claims that arise from damages of every kind and nature, known and unknown, both pecuniary and non-pecuniary, including but not limited to, illness, bodily injury, disability and death to You and/or any other Tour participant, that may arise out of, or in connection with, the participation in a Tour, Consultation, or Trip.
10. Disclaimer.
GO ASK A LOCAL DOES NOT PUBLISH, CREATE, SELL, CONTROL, OFFER, DELIVER, OR SUPPLY ANY GUIDED TOUR. THE LOCAL EXPERTS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF Go ASK A LOCAL. GO ASK A LOCAL DOES NOT TAKE ANY RESPONSIBILITY AND ARE NOT LIABLE FOR, AND THE LOCAL EXPERT IS SOLELY AND EXCLUSIVELY RESPONSIBLE FOR, ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER DAMAGES OR EXPENSES, ARISING OUT OF, OR IN CONNECTION WITH, WITHOUT LIMITATION, (I) THE DELIVERY OF ANY TOUR, (II) THE PERFORMANCE OF THE LOCAL EXPERT OR FAILURE TO PERFORM THE TOUR, CONSULTATION, OR TRIP AND/OR THE LOCAL EXPERT’S SERVICES, (III) ANY TRANSPORTATION SERVICE ASSOCIATED TO ANY TOUR or TRIP, (IV) ANY OTHER SERVICE OFFERED OR DELIVERED BY THE LOCAL EXPERT, (V) THE LOCAL EXPERT’S ACTS OR OMISSIONS, REPRESENTATIONS, WARRANTIES, NEGLIGENCE, GROSS NEGLIGENCE OR WILFUL MISCONDUCT AND (IV) PERSONAL, BODILY INJURY, DEATH, PROPERTY DAMAGE TO YOU, THE LOCAL EXPERT OR ANY OTHER PARTY. GO ASK A LOCAL’S LIABILITY IS LIMITED TO LISTING AND MAKING AVAILABLE THE TOURS, CONSULTATIONS, TRIPS AND OTHER ANCILLARY SERVICES THROUGH THE SITE.
ALTHOUGH WE PERFORM CERTAIN LIMITED SCREENINGS ON THE LOCAL EXPERTS, WE DO NOT GUARANTEE THE EFFICACY AND/OR ACCURACY OF SUCH PROCESS AND, THEREFORE, WE DO NOT GUARANTEE THE RELIABILITY OF THE LOCAL EXPERTS. ALSO, WE MAY NOT CONDUCT IDENTITY VERIFICATIONS AND WE ARE NOT RESPONSIBLE FOR THE IDENTITY VERIFICATION OF ANY USERS OF THE SITE, INCLUDING THE LOCAL EXPERTS.
DUE TO THE NATURE OF GO ASK A LOCAL’S SERVICES, GO ASK A LOCAL DOES NOT GUARANTEE THE CONTINUOUS AND UNINTERRUPTED AVAILABILITY AND ACCESSIBILITY OF THE SITE. THE SITE IS PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. GO ASK A LOCAL DOES NOT MAKE OR GIVE ANY REPRESENTATION OR WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, GO ASK A LOCAL MAY RESTRICT THE AVAILABILITY OF THE SITE IF THIS IS NECESSARY IN VIEW OF CAPACITY LIMITS, THE SECURITY OR INTEGRITY OF OUR SERVERS, OR TO CARRY OUT MAINTENANCE MEASURES FOR THE PROPER OR IMPROVED, MODIFIED OR ENHANCED FUNCTIONING OF THE SITE.
11. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GO ASK A LOCAL EITHER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LIABILITIES WHETHER IN ACTION BASED IN CONTRACT, WARRANTY, STRICT LIABILITY, TORT OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY SUCH PARTY.
IN NO EVENT SHALL GO ASK A LOCAL’S LIABILITY TO YOU OR ANY OTHER PERSON ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE EXCEED, IN THE AGGREGATE, THE TOTAL AMOUNT PAID BY YOU FOR A PARTICULAR BOOKING WITH RESPECT TO WHICH SUCH LIABILITY RELATES, PLUS A 25%, OR IN THE CASE OF ANY LIABILITY NOT RELATED TO A PARTICULAR BOOKING THE TOTAL AMOUNT PAID BY YOU IN THE 12 MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, PLUS A 25%, OR FIVE HUNDRED U.S. DOLLARS (US$500), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS IN THIS SECTION SHALL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY IN THESE TERMS AND CONDITIONS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
12. Your Liability and Indemnification.
You agree to defend, indemnify, and hold harmless Go Ask A Local from all liabilities, claims, losses and expenses, including attorney’s fees, that may arise, directly or indirectly from, as a result of or in connection with (i) your use of the Site and/or the Services and/or your participation in a Tour, Consultation, or Trip including any damages, whether to persons or property, or death to any person, (ii) your Reviews, and (iii) any violation by You of these Terms and Conditions, including any infringement of any rights of third parties. Go Ask A Local reserves the right, at their own expense, to assume the exclusive defense and control of any claim subject to indemnification by You, in which case You agree to cooperate with Go Ask A Local in asserting any available defenses.