Terms of Service

Gaba Travel Ltd. Terms of Service

Please read these Terms of Service carefully before using or obtaining any content, products, or services through our website or retail stores. Access to and use of our services are subject to acceptance of the terms and conditions below (“terms”). If you do not accept all of these terms, our Privacy Policy, or our Refund & Change Policy, then please do not use our services.

In case the purchase of the air ticket(s) by you is refused or denied for any reason, and in case you have already purchased an insurance policy prior to such refusal or denial, any amount paid by you for purchasing such policy or any amount to be recovered by you on such policy will not be refunded or paid to you by Gaba Travel Ltd.

Minors (as defined under the laws of their jurisdiction or residence) are not eligible to register for, use, or purchase the Products or Services available through our Site or retail stores.

Definitions

In this document, terms that commence with a capital letter are defined in this Section or in the preamble.

“Content” means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available through our services. “Content” also includes Marks and Products and Services. The terms “Site”, “Marks”, “Content” and “Products and Services” do not include the sites, marks, content, products, or services that are provided by third parties and are available through a link from our services.
“Travel Agency” refers to Gaba Travel LTD.
“Mark” means trademark, trade name, service mark, trade dress, logo, custom graphics, or icon.
“Products and Services” means the airline travel, hotel accommodation, car rental, ground transportation, tours, travel insurance, or any other items available or that may be made available through our services.
“Provider” means Gaba Travel’s licensors, suppliers, information providers, and service providers.
“Purchase” means to book, reserve, or purchase.
“Site” means the www.gabatravel.com website.

Disclaimer and Limitation of Liability

The Travel Agency and its Providers make no warranty of any kind regarding our services, Content, Products, or Services, all of which are provided on an “as is” basis. The Travel Agency and its Providers expressly disclaim any representation or warranty that our services will be free from errors, viruses, or other harmful components, that communications to or from our services will be secure and not intercepted, that the Services and other capabilities offered from our services will be uninterrupted, or that its Content will be accurate, complete, or timely. The fact that the Travel Agency includes or offers any Product or Service through our services is not an endorsement or a recommendation of the Product or Service.

OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAWS, AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, THE TRAVEL AGENCY AND ITS PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

Changes to the Site and Services

Any aspect of the Site may be changed, deleted, updated, discontinued, suspended, or modified at any time, and without prior notice to you. However, we make no commitment to update the information contained on this Site. You agree that the Travel Agency shall not be liable to you for any delay or other damages that might result from such modification, suspension, or discontinuance. We may also, at any time, change or impose fees for certain services, or establish or change general practices and limits concerning certain services. We may also modify these Terms & Conditions.

The submission of your Credit Card number for deposits and/or final payment indicates your acceptance of our booking terms and conditions, whether or not you have actually signed the appropriate draft. The credit card used must belong to one of the passengers in the reservation. Third-party Credit Cards will absolutely not be accepted. Billing address must be provided.

The Content is intended for information purposes only. Although we exercise reasonable efforts to ensure their quality and accuracy, there might be errors, or the information provided may not be complete, current, or applicable to your particular situation. Further, information provided regarding the service, products, etc. have been provided to us by the vendors. We assume no liability or responsibility for any errors or omissions. You are responsible for evaluating the accuracy, completeness, and usefulness of any opinion, advice, or other content available through the Site or obtained from a linked site. You should not take any action based on information on this Site until you have received a confirmation of your transaction. We send confirmations within 24 hours of your Purchase. If you have not received a confirmation of your purchase via e-mail within that period please contact our customer service by email at info@gabatravel.com.

Electronic Communications

To the extent that we may need to contact you, you agree that we may do so via any electronic means, including but not limited to communication posted on the Site, electronic mail, or instant messaging.

Fees and Charges

We may charge a service fee for booking, reserving, or purchasing travel services. These fees are non-refundable. Additionally, users are responsible for all charges, fees, duties, taxes, and assessments arising from the use of our services.

International Travel Advisory

Please review the latest travel advisories from government authorities before booking international travel. Visit Government Travel Advisory Website.

Third-Party Links

Be cautious when accessing third-party links from our services. While we strive to provide quality links, we cannot control their content or security measures. Provision of links to these third-party websites does not constitute an endorsement by Gaba Travel of the material on these websites and any association with them. If you visit any of these third-party websites, you are requested to review their respective terms and conditions of use as well as their policies on privacy and security because these terms will apply to your visit to these other sites.

Linking Policies

We welcome links from a third-party site to the home page of our Site, through a plain text link, provided that you adhere to the following guidelines:

Notify us in advance and obtain our permission.
Discontinue the link if requested by us.
Do not imply that Gaba Travel endorses your products or services.
Do not present Gaba Travel in a false light.
Do not remove or obscure the copyright notices or other notices on our Site.
Do not use any Mark of Gaba Travel without permission.
Do not replicate, frame, or mirror the content of the Site.

Indemnification

You agree to defend and indemnify the Travel Agency and any Provider, and each of their respective officers, directors, employees, and agents from and against any claim, cause of action, or demand, including without limitation reasonable legal and accounting fees, arising from:

Your breach of these Terms.
Your violation of any law or third-party rights.
Your use of our services.

License Grant

We grant you a limited, personal, nontransferable, non-sublicensable, revocable license to access and use our services only as expressly permitted in these Terms. Except for this limited license, we do not grant you any other rights or license with respect to our services; any rights or license not expressly granted herein are reserved. Unless we have granted you permission in advance and in writing, you may use our services only for your personal, non-commercial use, and not to provide services to a third party.

Updates to Terms of Service

We may update these Terms of Service periodically. We will notify you of any changes by posting the new Terms on our Site. It is advisable to review this page periodically for any updates.

Privacy and Security

Please note that Gaba Travel collects and archives your IP address to use and disclose for identification and legal purposes in the event of unauthorized use or misuse of a credit card or credit card fraud related to an online booking.

Your use of our services is subject to our Privacy Policy. You agree that you have read our Privacy Policy, and it is reasonable and acceptable to you. Your acceptance of these Terms is also your consent to the information practices in our Privacy Policy.

Governing Law and Dispute Resolution

These Terms are governed by the laws of Vancouver, British Columbia, Canada. Any disputes arising from these Terms or your use of our services will be resolved through [Dispute Resolution Process].

Termination of Services

We reserve the right to terminate or suspend access to our services at our sole discretion, without prior notice, for conduct that we believe violates these Terms or is harmful to other users of our services.

User Content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material, and audio-visual material) that you submit to our services, for whatever purpose. You grant to Gaba Travel a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your user content in any existing or future media. You also grant to Gaba Travel the right to sub-license these rights and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Gaba Travel or a third party (in each case under any applicable law).

Acceptable Use

You must not use our services in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of our services or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity. You must not use our services to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software. You must not conduct any systematic or automated data collection activities on or in relation to our services without our express written consent. This includes:

Scraping
Data mining
Data extraction
Data harvesting
‘Framing’ (iframes)
Article ‘Spinning’

You must not use our services or any part of it to transmit or send unsolicited commercial communications. You must not use our services for any purposes related to marketing without the express written consent of Gaba Travel.

Restricted Access

Access to certain areas of our services is restricted. Gaba Travel reserves the right to restrict access to certain areas of our services, or at our discretion, this entire Site. Gaba Travel may change or modify this policy without notice. If Gaba Travel provides you with a user ID and password to enable you to access restricted areas of our services or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security. Gaba Travel may disable your user ID and password at Gaba Travel’s sole discretion without notice or explanation.

Ticket Terms and Conditions

The decision to travel is your choice and you are responsible for your personal safety abroad.
We recommend you check the entry requirements and the travel advisories for your destination before booking.
Please review all itinerary details before ticket issuance and payment processing to ensure names match travel documents, flight details are correct, and entry requirements are checked. Once the ticket is issued and payment processed, all terms and conditions and applicable fees for changes apply.
Travel insurance is highly recommended for medical emergencies and natural disasters as suppliers may not make exceptions.
Gaba Travel charges an administration fee of $150 for refunds or changes. Voluntary change requests by a customer are allowed if permitted by supplier policies and subject to Gaba Travel’s administration fee and any fees or penalties imposed by the supplier.
All refunds can only be processed to the original form of payment. Please allow up to 30 days for payments to be processed.
Gaba Travel does not offer refunds or changes due to errors made by Gaba Travel.

Booking Policies

The fare is not guaranteed until the ticket is issued.
Taxes and surcharges are subject to change until the ticket is issued.
Any itinerary changes or cancellations must be made through Gaba Travel.
Gaba Travel charges an administration fee for all refunds or changes.

Travel Documents

Passengers are responsible for obtaining all necessary travel documents, including passports, visas, and health certificates.
Names on tickets must match the names on passports.
Airlines may deny boarding if the passenger’s name on the ticket does not match the name on the passport.

Gaba Travel’s Responsibility

Gaba Travel’s responsibility is limited to arranging travel services. We are not responsible for any act, omission, or event that occurs outside our control. This includes, but is not limited to, delays, cancellations, missed connections, or any other issues that may arise during travel.

Additional Terms

Limitations of Liability

Gaba Travel will not be liable to you (whether under the law of contract, the law of torts, or otherwise) in relation to the contents of, or use of, or otherwise in connection with, our services:

To the extent that our services are provided free-of-charge, for any direct loss.
For any indirect, special, or consequential loss.
For any business losses, loss of revenue, income, profits, or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Gaba Travel has been expressly advised of the potential loss.

Exceptions

Nothing in this disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this disclaimer will exclude or limit the liability of Gaba Travel Ltd. in respect of any:

Death or personal injury caused by the negligence of Gaba Travel or its agents, employees, or shareholders/owners.
Fraud or fraudulent misrepresentation on the part of Gaba Travel.
Matter which it would be illegal or unlawful for Gaba Travel to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using our services, you agree that the exclusions and limitations of liability set out in this disclaimer are reasonable. If you do not think they are reasonable, you must not use our services.

Other Parties

You accept that, as a limited liability entity, Gaba Travel has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Gaba Travel’s officers or employees in respect of any losses you suffer in connection with our services.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this disclaimer will protect Gaba Travel’s officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors as well as Gaba Travel.

Unenforceable Provisions

If any provision of this disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this disclaimer.

Indemnity

You hereby indemnify Gaba Travel and undertake to keep Gaba Travel indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by Gaba Travel to a third party in settlement of a claim or dispute on the advice of Gaba Travel’s legal advisers) incurred or suffered by Gaba Travel arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these Terms and Conditions

Without prejudice to Gaba Travel’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Gaba Travel may take such action as it deems appropriate to deal with the breach, including suspending your access to our services, prohibiting you from accessing our services, blocking computers using your IP address from accessing our services, contacting your internet service provider to request that they block your access to our services and/or bringing court proceedings against you.

Variation

Gaba Travel may revise these terms and conditions from time to time. Revised terms and conditions will apply to the use of our services from the date of the publication of the revised terms and conditions in our services. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Gaba Travel may transfer, sub-contract, or otherwise deal with its rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement

These terms and conditions, together with Gaba Travel’s Privacy Policy, constitute the entire agreement between you and Gaba Travel in relation to your use of our services, and supersede all previous agreements in respect of your use of our services.

Law and Jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of Vancouver, British Columbia, Canada, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Vancouver, British Columbia, Canada.

Contact Information

If you have any questions or concerns about these Terms or if you need further assistance with respect to access to or use of our services, you may contact us at:

Gaba Travel LTD.
7290 Main Street
Vancouver,
BC V5X 3J4
604-324-3336
E-mail: i nfo@gabatravel.com

This document was last updated on May 23, 2024