Terms and conditions

This website is provided by KiliGATE OÜ. Any references on this site and in correspondence to KiliGATE and KiliGATE.com refer to KiliGATE OÜ, a company registered at Narva mnt 5, 10117, Tallinn, Estonia. You can contact us at support@kiligate.com.

KiliGATE does not organize its own tours or activities but represents tour operators, activity organizers and other service providers (Operators, each an Operator) to promote and facilitate the sale of the tours, activities or services (Tours, each a Tour) that they organize and operate.

KiliGATE is not able to influence or control any Operator or Tour, and has no responsibility for any Tour. Any contracts for Tours are to be made directly between you and the Operator.

In addition to our terms and conditions (Terms and Conditions), each Operator has their own terms and conditions (Operator T&C), available on their profile page or on booking request.

 

Contract

By using KiliGATE.com or any KiliGATE-affiliated website, you agree to be legally bound to the following Terms and Conditions, which shall take effect immediately. If you do not agree to be legally bound by all the following Terms & Conditions, please do not access and/or use KiliGATE.com or any KiliGATE-affiliated website. In all cases, the person making the booking shall be deemed to have accepted these Terms and Conditions on behalf of all the other person(s) included in their booking.

By reserving a Tour through KiliGATE, you further accept the applicable Operator T&C of the Operator providing your Tour. If you are an Operator, you also agree to our Terms of Business.

 

Reservations and deposit

All Tours are organized and operated by Operators. They may or may not be available at the time of your booking request. None of the Tours or other information on KiliGATE constitutes an offer binding to us. Any booking will always be subject to availability.

Tours with flexible departure dates (“RESERVE” button on the tour page): Once you submit a booking request, we will confirm availability with the Operator and, upon receiving confirmation from the Operator, confirm the same to you. We are unable to guarantee the availability of any Tour included on our websites.

Group Tours with scheduled departure dates (“BOOK NOW” button on the tour page): These Tours are already confirmed to be available by the Operator.

If you decide to proceed with your requested booking once we have confirmed its availability to you (RESERVE option), or if you wish to reserve a group Tour instantly (BOOK NOW option), a deposit in the amount stated specifically for each tour, usually 3.3% of the total Tour price, (Deposit) will be payable to reserve your booking over the specified time period (Reservation). Any further payments of the remaining Tour price balance will then be made directly between you and the Operator, in accordance with the Operator T&C.

The Deposit is non-refundable, unless:

  • The Operator does not comply with their Operator T&C OR their Tour is no longer available as per your Reservation,
  • AND you do not participate in their Tour or an alternative Tour offered or referred by the Operator,
  • AND you request the refund within 72 hours of the initially agreed start of the Tour.

In some instances, bank fees and exchange rates may mean the Deposit amount refunded is different to the Deposit amount originally paid, particularly in instances where a currency exchange is involved. KiliGATE has no control over any bank fees or exchange rates and is unable to accept responsibility for any such discrepancies in refunded amounts.

Reservation of a Tour does not constitute a confirmed booking, which remains subject to your compliance with other applicable terms and conditions. For example, Operators may require full or partial payment of the remaining Tour price to confirm your booking. It is your responsibility to ensure that you will be able to comply with the Operator T&C and all the requirements of the Tour prior to making a reservation. If you are not able to participate in the Tour because you do not meet the requirements (including, but not limited to, lack of: travel documents or visa, medical suitability, adequate proof of insurance, certificates or licenses), we regret that we cannot refund the Deposit.

If your reservation includes other individuals, you assume all liability also for those individuals. It is your responsibility to ensure that they have read these Terms and Conditions.

Please note that all dates and times indicated on KiliGATE refer to the time zone of the Tour location, unless specified otherwise.

 

Confirmed bookings and balance payment

Your booking is not confirmed until both KiliGATE and the respective Operator have emailed you a formal confirmation (Confirmed Booking). Your Operator may require full or partial payment of the remaining Tour price balance to confirm your booking.

Unless specifically stated otherwise, rates on this site are in US dollars, which is usually also the currency for your payment to the Operator.

Please note that Operators often reserve the right to adjust the final Tour price for circumstances outside of their control, such as changes in local taxes or significant changes in the costs of their suppliers and supplies. This is governed by the Operator T&C, which you should read carefully before making your Reservation and any payments. The final Tour price thus governed by the Operator T&C applies and may be different from the price quoted on KiliGATE or confirmed at the time of your Reservation and Deposit payment.

 

Changes and cancellation by you

Any changes or cancellation that you make to your booking after your Reservation are made directly between you and the Operator, subject to availability and the Operator T&C. Please read the Operator T&C carefully before making your booking reservation and any payments.

Your Operator may charge fees for making changes to your Reservation or Confirmed Booking. Date changes may not be possible, especially close to departure dates, and may be treated like cancellations. Cancellation fees vary among Operators and usually increase closer to the departure date. The paid Tour price may not be refundable.

 

Cancellation by the Operator

Should an Operator cancel a Tour, for example due to an insufficient number of participants, you are usually entitled to a refund of your Tour price balance paid to the Operator, or you may have an option to apply those funds to another Tour, all of which is subject to the Operator T&C.

Please note that any payments you make to an Operator are between you and the Operator, and KiliGATE shall in no circumstance be held liable for any refunds thereof. No other financial remedies exist.

 

Insurance

It is essential that you and anyone included in your booking be covered by insurance before setting out on holiday. This insurance must cover personal accident, medical expenses, loss of effects, repatriation costs and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience. If you are undertaking a hazardous activity, your insurance must also cover this particular activity. Please ensure that the insurer is aware of the type of Tour to be undertaken.

It is also advisable that you take out a travel cancellation insurance as soon as you have confirmed your booking, to cover your non-refundable costs in case of cancellation or changes to your Tour. Please always read your insurance terms and conditions carefully, to ensure that your particular event will be covered.

Many Operators require proof of travel insurance before allowing you to participate in their Tours that involve hazardous activities. It is your responsibility to provide the necessary proof of insurance.

 

Identity, authority and privacy

When you register an account or request a booking, you must use your real name and contact details. The use of pseudonyms is not permitted on KiliGATE. If you register a company or other legal entity, you warrant and assure KiliGATE that you have proper authorization to act in the name of the company or legal entity, respectively.

KiliGATE will not accept bookings from persons less than 18 years of age. By making a booking request, you warrant and assure KiliGATE that you are at least 18 years of age.

During the booking process, we will provide your personal information, to the extent necessary, to the respective Operator to enable them to provide the services requested by you. We do our utmost to protect your personal information. Please refer to our Privacy Policy.

By the start of your Tour, you will need to provide the Operator a photo ID to ensure that your identity matches the booking identity. Your identify details must match the information you have provided on KiliGATE.

 

Ratings and reviews

We aim to develop an accurate, helpful and reliable profile of the performance of each Operator overall and for each Tour offered. Therefore, after your Tour, we encourage you to truthfully rate and review your Operator and Tour on KiliGATE.

Inaccurate or misleading ratings and reviews are strictly prohibited and may result in further legal action.

 

Communications with Operators using KiliGATE features

After registering an account, you may contact operators on KiliGATE via the wall on the Operator’s profile page, which will also be visible to other users, or via the direct messaging system, which will not be visible to other users. Via these channels, you can ask Operator or Tour-specific questions. However, they shall not be used to conclude contracts, transmit payment information, effect booking changes or make cancellations. KiliGATE accepts no responsibility for the contents and effect, or lack of effect, of any communications using these channels. We reserve the right to inspect messages and delete inappropriate content.

 

Accuracy of information

KiliGATE, through the information on our website, aims to publish accurate, up-to-date information regarding Tours and Operators. This information is almost always supplied by the respective Operator. It is bound to change frequently and will not always be updated as quickly as we would like. We therefore cannot guarantee the accuracy of this information. You should make your own independent enquiries with the Operator and other third parties and use your own judgment to assess the accuracy of any information accessed through KiliGATE.

KiliGATE accepts no responsibility for errors, inaccuracies or omissions of any information on our website(s). This also means that we accept no responsibility for any complaints as to any part of your Tour not being as described on KiliGATE. However, we will make every effort to correct quickly any errors brought to our attention.

 

Limitation of liability

The responsibility of KiliGATE as well as its employees, agents and representatives is strictly limited. KiliGATE does not organize its own Tours and as such assumes no liability for any act or omission on the part of the Operator or any other company or individual involved in carrying out the arrangements of the Tour. KiliGATE is not responsible for the willful or negligent acts and/or omissions of these suppliers or their employees, agents, servants or representatives including, without limitation, their failure to deliver or their partial or inadequate delivery of services.

KiliGATE does not warrant or represent that any Tour is suitable or fit for your purpose. You should not undertake any of these Tours unless you are medically able and properly trained.

You know that Tours presented herein involve travel to isolated regions; strenuous and potentially hazardous activities (including, but not limited to, any activities in high altitudes, climbing and mountaineering, bicycle riding, or scuba diving); and potential exposure to wildlife. Therefore, these Tours may involve a significant amount of personal risk, including by way of example, personal accident, injury, disease, death, loss or damage to property, inconvenience, and discomfort. There may be no or limited access to emergency medical treatment or timely evacuation.

Furthermore, you know that many Tours require special equipment to protect your health and safety. Operators may or may not rent such equipment, which may or may not be suitable. You certify that you are familiar with the specific types of equipment and their requirements to undertake the Tour, and will make your own arrangements to have the necessary suitable equipment available during your Tour.

By submitting a booking request through KiliGATE, you agree, warrant and convenant that:

  • You assume all risks associated with these Tours as well as the effect of weather, traffic, and force majeure;
  • You will not hold KiliGATE and its employees, agents or representatives liable for any accident, injury, death, costs, property damage, theft or personal loss; and
  • You release and discharge KiliGATE, its representatives, agents and employees, from any and all claims suffered by you as a result of your participation in or traveling to or from any Tours presented by KiliGATE or an Operator.

In so far as KiliGATE is unable by law or by statute to exclude its liability, then you agree that our liability to you is limited to KiliGATE providing the Tour (or a similar Tour) again to you.

 

Indemnity

You agree to indemnify KiliGATE if you cause us any loss or damage, be it through your breach of these Terms and Conditions or any other legal obligation by you, or through any content you have written, shared or published on KiliGATE.

 

No entitlement

There is no entitlement to use KiliGATE. We withhold the right to delete accounts or information provided by you, including, but not limited to, if we deem you to have violated these Terms and Conditions, and to cease providing services to you at any point in time.

 

Severability

If any provision of these Terms and Conditions is so broad as to be unenforceable, such provision will be interpreted to be only so broad as is enforceable. The invalidity or unenforceability of any provision hereof will in no way affect the validity or enforceability of any other provision.

 

Contract parties & successors

These Terms and Conditions will inure to the benefit of and be binding upon the parties and their respective heirs, legal and personal representatives, executors, estate trustees, successors and assigns.

 

Legal jurisdiction

These terms and conditions shall be governed by and construed in accordance with the laws of Switzerland. The parties submit to the exclusive jurisdiction of the courts of the canton of Zurich, Switzerland.

 

Amendments

KiliGATE reserve the right to update or alter these Terms and Conditions at any time. Any amendment will be included here with immediate effect. You agree to be legally bound by the most up-to-date version available here.

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