Gunyah offers its visitors (“Users”) the opportunity to book package holidays (“Products”) directly from local package holiday operators (“Local Operators”) around the world, via the online platform www.gunyah.com and its affiliated websites (“Websites”). The Local Operators take full responsibility for the Products they list on the Websites. Users acknowledge that Gunyah simply offers a marketing platform to connect Users with the Product of Local Operators, and does not develop or operate any part of the Products listed.

In these Terms, “you” and “your” refers to the persons using the Websites. Please read these Terms of Use (“Terms”) before using the Websites. These Terms contain important legal obligations. If you do not understand or agree to these Terms, please do not use the Websites, and leave immediately. By using the Websites to book a Product the User is also bound by the conditions of the particular Local Operator who listed the Product.

ACCEPTANCE OF TERMS

You acknowledge that by using the Websites, including its content, and partaking in Products provided by Local Operators, is done at your own risk. You also acknowledge that you are at least 18 years old and have full authority to enter into a contract with the Local Operator on the basis of these Terms and on behalf of all persons named in the booking, and you confirm that all such persons are fully aware of and accept these Terms and any conditions of the Local Operator.

By accepting these Terms you agree to indemnify Gunyah and any of its officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by you or on your behalf by third parties, as a result of your breach of these Terms or use of the Websites to book the Products listed by Local Operators.

You understand that no variation to these Terms shall be of any effect unless made in writing by and with the authority of Gunyah. Gunyah reserves the right to change these Terms at any time and will post them online without notice. Your continued use of the Websites after any changes have been made and posted means you are legally bound by these Terms as updated and amended.

You acknowledge that Gunyah is a marketing platform for Local Operators and understand that Gunyah does not actually develop or operate any Products listed on the Websites. If you do not accept these Terms, please stop using the Websites immediately and do not book a Product listed by a Local Operator.

USE OF WEBSITE

You have no right to reproduce, republish, download, post, broadcast, transmit, make available to the public, any content found on the Websites, in any way except for personal/non-commercial use, and your use of the Websites is not for any speculative, false or fraudulent requests. Your use of the Websites does not infringe on anyone else’s rights and enjoyment of the Websites and your use of the Websites are for lawful purposes only. Unless with prior consent from Gunyah, you agree not to use robots or other automated means to access the site, retrieve, scrape or index the Websites or its contents.

You agree that you will not allow others or enable others to gain unauthorised access to the Websites, user accounts, computer systems, networks connected to the Websites through hacking, password mining, or any other means; use the site to transmit any computer viruses, worms, defects, Trojan horses, or other means, devices and software of destructing the Websites.

You will not attempt to interfere with the proper working function of the site, make excessive traffic demands, use the site to violate the security of any computer network, crack passwords or security encryption codes, disrupt or interfere with the security of, or otherwise cause harm to, the Websites or Websites content; remove, circumvent, disable, damage or otherwise interfere with any security related features of the site that may prevent or restrict the use of copying the Websites content, or features that enforce limitations on the use of the Websites.

You represent and warrant that you; (a) have not previously been suspended by Gunyah or otherwise banned from the site; (b) are not a direct competitor of Gunyah; and (c) that you have full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party.

You acknowledge that your communications with the Websites is not patently offensive by promoting racism, bigotry, hatred or physical harm of any kind against any group or individual. You acknowledge communications do not harass or advocate harassment of another person, involve the transmission of ‘junk mail’, or unsolicited mass mailing or ‘spamming’, is defamatory or libelous, promotes information which is false, misleading, or promotes illegal activities or promotes conduct that is abusive, threatening or obscene. It does encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world.

Gunyah reserves the right to change the content, structure, functions and so on of the Websites, add new functions, or partially or fully suspend existing content and functions temporarily or permanently, as well as attach selected functions to the fulfillment of certain Terms, at any time without notice. Gunyah endeavors to maintain the functionality of the Websites. However, Gunyah does not warrant that functionality, content or information contained on the Websites will be uninterrupted or error free, that defects will be corrected, or that the Websites or servers that make it available are free of viruses or bugs.

You agree not to post or distribute any information or material that is copyrighted by any third party without the express written consent of such party, and you agree to indemnify and hold Gunyah blameless from any claim arising out of or relating to your violation of this provision.

We grant you permission to use the site subject to the restrictions in these Terms. In accessing or using the site, you may be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. Gunyah does not endorse such content, and cannot vouch for its accuracy, therefore access and use of the Websites is at your own risk, including all Product information as listed by Local Operators.

The Products listed on the Websites, including the content, images, prices, and the operation of the Products listed on the Websites, fall under the conditions of the Local Operator. You warrant that Gunyah takes no responsibility for the Products listed on the Websites and upon booking a Product listed on Gunyah accept the conditions of the Local Operator as provided at the time of booking.

Each provision of these Terms stands alone and if any provision is, or becomes, invalid or contravenes any applicable regulations, the remaining provisions will not be affected. Our rights and remedies under these Terms are cumulative and are not exclusive of any rights or remedies provided by law or by any other agreement. If at any time we waive any breach of any obligation arising under these Terms then that does not mean we have waived any other breach, and we shall subsequently have the right to enforce all obligations.

If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

The laws of Hong Kong govern these Terms and you irrevocably agree that the courts of Hong Kong are to have exclusive jurisdiction in relation to any claim that you may bring against Gunyah arising out of a dispute relating to these Terms.

BOOKING AND PAYMENT PROCEDURES

Gunyah is not a booking agent. All bookings are processed directly by the Local Operators for the Products they list on the Websites. Nothing on the Websites constitutes an explicit offer from Gunyah. The Local Operators are responsible for the Product listings, the bookings, requests, and the operation of the Products. The Product listed represents an invitation to the User to engage the Local Operator for the specific Product listed.

Gunyah accepts payment on behalf the Local Operators in order to facilitate the booking on the Websites. Gunyah offers this service to Local Operators as part of its marketing platform. Gunyah does not accept responsibility for the Products listed on the Websites, despite accepting payment for such Product on behalf of the Local Operator.

Gunyah uses trusted worldwide online payment provider PayPal for all online payments of Local Products. You are bound by the terms and conditions of PayPal for all transactions. Visit PayPal for more information about their terms of use.

The Local Operators require full upfront payment to confirm a booking on the Websites. Payment will be listed as WorldHotel-Link.com, the parent company of Gunyah Ltd, on your credit card statement. 

You are bound by the Local Operators conditions and their cancellation policy when booking a Product on the Websites. The cancellation policy outlines the fees payable to the Local Operator if you cancel your booking and the fees will vary according to the Product and number of days before departure your cancellation was received. To process a refund, you might be required to send your bank details. You may be charged additional fees by your bank or PayPal, above that which is stated within the cancellation policy, to receive any due refund.

The Local Operators may list Products on the Websites for particular dates with online availability, on-request availability only or not available. With online availability the Product will be confirmed immediately upon payment being received within the booking process. If on-request availability, you are required to submit your credit card details and provide authorization for the booking amount, the Local Operator will check availability within 24 hours and if available they will process the payment and confirm your booking. If the Product is not available the authorization will be cancelled and you will not be charged anything. If the Product is not available on the Website for your selected dates a request may be sent to the Local Operator for additional information or general prices for a Product.

The Local Operators make every endevour to respond to booking and correspondences within 24 hours, though situations arise in some destinations around the world outside the control of our Local Operators that make Internet access difficult at times. Gunyah takes no responsibility for the response times of Local Operators and any resulting problems this may cause, though uses response times in measuring the quality of Local Operators, which may result in their Product being withdrawn from the Websites.

Once your Product has been confirmed you will receive your confirmation vouchers to your designated booking email, which should be printed out and presented on arrival to the Local Operators and their respective suppliers. Your reservation cannot be honored without a valid voucher. The Local Operators endeavor to send confirmation vouchers electronically to the designated email within 24 hours of confirmation, but sometimes they may be delayed due to situations outside their control. Gunyah takes no responsibility for these delays.

FEEDBACK SYSTEM & PRODUCT REVIEWS

Gunyah allows you to provide feedback on the Websites about the Products of the Local Operators. At the completion of a Product that you have booked using the Websites, you will be sent a feedback form to the designated email provided at the time of your booking. It is the purpose of this feedback form to provide an accurate profile of the Product listed on the Websites, and the Local Operators offering such Products. The feedback will be used to determine an average rating for the Product for the benefit of others.

Gunyah may use this information to determine if Products or Local Operators meet minimum service standards set by Gunyah. Products and Local Operators may be removed from the Websites if the minimum service standards are not met. You are obliged to make only factual and truthful statements when providing feedback to Gunyah. Inaccurate, irrelevant or any insulting comments will be omitted. Gunyah explicitly reserves the right to delete such comments and feedback without reason. You expressly grant Gunyah the irrevocable right to freely use, copy, publish, translate and distribute any feedback listings (including for advertising and promotional purposes by others), without your permission. Gunyah takes no responsibility for misleading or inaccurate product ratings or feedback from other Users of the Websites.

If you do not receive this feedback form and would like to leave feedback about a Product you have booked via the Websites or a Local Operator, please contact support@gunyah.com, including your name and reference number.

COMPLAINT RESOLUTION

Gunyah does not take responsibility for the Local Operators or Products listed on the Websites by Local Operators. If you have any complaints regarding the Products provided by Local Operators please direct your concerns to the Local Operator themselves. It is recommended that you contact the Local Operator as soon as you feel there is a problem so they have an opportunity to rectify the problem. Please review the Local Operators booking conditions before submitting a complaint to ensure it is warranted.

If after contacting the Local Operator you feel your problem has not been resolved, please contact Gunyah directly using the email support@gunyah.com. Please state your booking reference number and a full account of the situation. No guaranteed can be made as to whether Gunyah will take any further action related to your problem, but Gunyah may use this information to determine whether Local Operators or Products should be withdrawn from the Websites.

If you have any complaints or objections related to material or content, including feedback posted on the Websites, please contact us immediately. Please provide precise details of the issue so a proper investigation may take place, and if appropriate, we will endeavor to remove illegal content within a reasonable time. You can contact support@gunyah.com. 

TRAVEL INSURANCE

It is highly recommended that you take out a comprehensive travel insurance policy when making any booking of Products listed by Local Operators on the Websites, regardless of the nature of the Product you are booking. Please also note that in some cases the local operators will require proof of travel insurance before allowing you to participate on the tour.

Gunyah does not provide travel insurance or offer any of the short breaks listed on the Website(s). It is your responsibility to research and find a suitable insurance provider. Gunyah suggests you research World Nomads before booking your travel insurance.

You can buy, extend and claim online even after you've left home. Recommended by Lonely Planet, World Nomads travel insurance is available to people from over 150 countries and is designed for adventurous travellers with cover for overseas medical, evacuation, baggage and a range of adventure sports and activities.