MEANINGS AND EXPRESSIONS
In these Terms and Conditions, the following expressions have the following meanings:
“Account” the account set up on the Platform by Users: in order to list an accommodation and/or complete a reservation or booking;
“Accommodation” or a “Listing” is the accommodation as advertised on Gomingo platform by a Host and made available to be booked by a Guests;
“Company”, “we”, “us”, “our” Gomingo.com and “Gomingo” means Gomingo Limited, a company registered in England and Wales with number 09954823 and registered office at 298-300 Preston Road, Harrow, Middlesex, HA3 0QB, England;
“Users” are Guests or Hosts using Gomingo platform, also referred to as “you”
“Hosts” are Users listing accommodation on the Platform and made available to Guests for booking;
“Guests” are individuals who book Accommodation on the Platform, as listed by Hosts
“Intellectual Property Rights ” all intellectual property rights on a world-wide basis and whether vested or contingent including patents, trademarks, service marks, rights in semiconductor chip topographies, design rights (whether registerable or otherwise), copyright, database rights, know-how, trade or business names, trading style, get-up and goodwill associated with the foregoing and other similar rights or obligations whether registerable or not in any country (including all extensions, revisions, revivals and renewals thereof). The above shall include, in relation to registerable rights, any applications made or rights to make applications in respect of such rights)
“Payment Services” services offered to Users by Gomingo including but not limited to payment collection services, payments and payouts, in connection with and through the Platform;
“Payment Terms ” the terms under which Gomingo will accept a Payment and make a Pay-Out;
“Payment” a payment for a booking received from a Guest by Gomingo on behalf of a Host;
“Payout” a payment made by Gomingo to a Host in relation to a booking paid for by a Guest via the platform;
“Payout Method” the method that a Host informs Gomingo it wishes to receive payments;
“Listing Fee” is the fee payable to Gomingo by a Host for listing Accommodation on the Platform and is deducted when initiating a payout to a Host
“Payment Method” the payment method that a Guest enters on the platform when making payment for Accommodation;
“Service Fee” is a finance fee payable to Gomingo by a Guest which is chargeable on top of “Room Total” amount when making reservation.
“Platform” the website provided by us as an online marketplace for the use of Hosts and Guests.
“Total” the total amount payable by a Guest to Gomingo on behalf of the Host, which include Room Total, Service Fee and Cleaning Fee or any other applicable taxes that are displayed within booking process.
“Total Fees” is a sum of Gomingo Service Fee plus any other fees incurred in Payout process, also know as ‘Total Host Fee’.
“Room Total” is a sum of total room nights as advertised by a Host when listing accommodation and visible to a Guest when selecting dates on Gomingo prior to the confirming reservation.
“Cleaning Fee” is an additional fee that may be set by a Host on Gomingo platform when listing accommodation for providing cleaning services.
“Cancellation Policy” also known as “Rate Policy” is a rate policy pre-set made available by Hosts when listing accommodation on Platform. The Host must chose under which Rate Policy they want to advertise their accommodation to Guests on Gomingo platform.
These Terms and Conditions apply to all our services directly or indirectly provided and made available online on the Platform as part of the Website, through any means but including desktop, mobile device, by email or by telephone.
By accessing, browsing and using our Platform through whatever means, whether setting up an Account on the Platform or not, by listing a property on the Platform and/or by completing a reservation or booking you will be considered a User and you acknowledge and agree to have read, understood and explicitly be bound to these Terms and Conditions. Guests may set up or be required to set up an Account to make or place a booking, but all Hosts must set up an Account in order list a property as a Host on the Platform.
Gomingo reserves the right to amend these Terms and Conditions at any time by publishing an updated version on the Platform. You are advised to read these and retain a copy.
If you do not agree with any or all of these Terms and Conditions then you are not authorised to use this Platform.
ABOUT THE GOMINGO PLATFORM
We urge all Users to responsibly use this Platform and any transaction entered into as a result of either listing a property or renting a property. Gomingo neither owns nor manages, nor can we contract for, any rental property whatsoever listed on the Platform. The Platform is simply an on-line marketplace to allow Hosts who advertise on the Platform to offer for rent under varying price formulas a specific property to potential Guests.
Gomingo only facilitates the advertisement of properties listed by Hosts and their booking by potential Guests and is not a party to any rental or other agreement between a Host and a Guest. As a result, the quality, condition, safety or legality of any of the properties advertised by a Host on the Platform, the truth or accuracy of the advertisement or the listings; the ability of Guest to book and pay for a property or properties is solely the responsibility of each User.
By booking or reserving using our Platform the Guest enters into a legally binding contractual relationship with the Host with which the Guest make a reservation or purchase a room or rooms in a property and always Gomingo acts solely as an intermediary between a Host and a Guest.
The Platform is available to Users for non-commercial and personal use only. All the infrastructure used to provide the content and information on the Platform is the sole property of Gomingo. Specifications relating to any property advertised by Hosts is the sole responsibility of the relevant Host.
If you register an Account on the Platform you represent and warrant that you have the full legal authority to bind the User and are bound by the terms and conditions herein, further if opening an account in your personal capacity you are 18 years of age when an Account is opened.
You must provide accurate, current and complete information during the registration process and keep your Account and profile page information up-to-date at all times.
You may not register more than one Account and may not assign or otherwise transfer your Account to another party.
You are responsible for maintaining the confidentiality and security of your Account credentials and may not disclose your credentials to any third party. You must immediately notify Gomingo if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Account. You are liable for any and all activities conducted through your Account; unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
You further agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this Platform, other than making copies of your reservation/booking (and related documents) for services purchased through the platform or for information relating to your use of the platform as a Host.
PRICES AND TAX
The prices quoted on the Platform and displayed are inclusive of VAT/ applicable sales taxes and all other taxes, as applicable from time to time. The Host is solely responsible for the collection, remittance and payment of all VAT/all other applicable taxes) due on the total amount of the (room/reservation) price to the relevant tax authorities.
Payment processing services for Users on Gomingo.com are provided by Stripe and are subject to the Stripe Connected Account Agreement , which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms and Conditions or continuing to operate as an Account holder on Gomingo.com, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Gomingo.com enabling payment processing services through Stripe, as a Host, you agree to provide Gomingo accurate and complete information about you, and you authorize Gomingo.com to share it and transaction information related to your use of the payment processing services provided by Stripe.
HOST TERMS AND CONDITIONS
The conditions relating to a Guests booking and reservation with a Host are separate to these terms and conditions and form part of your legal agreement with the Host. It is your responsibility to read their terms and conditions carefully. If you place a booking/reservation with a Host for property using Gomingo.com you agree to abide by their terms and conditions of purchase imposed by the Host including, and compliance with the supplier's regulations, rules and other restrictions regarding availability and use of their services and rules, otherwise known as “House Rules”, “Amenities” and “Description”.
On behalf of a Host, Gomingo has the right to cancel your booking if full payment is not received in accordance with the Hosts terms and conditions or if you act in a way that is not in accordance with such terms and conditions.
LIABILITY AND DISCLAIMER
Nothing in these Terms and Conditions shall exclude or in any way limit Gomingo’ s liability for fraud, death and personal injury caused by its negligence or any other liability to the extent the same may not be excluded or limited as a matter of law.
SUBJECT TO THE ABOVE GOMINGO AND ITS SUBSIDIARIES SHALL UNDER NO CIRCUMSTANCE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS PLATFORM OR WITH THE DELAY OR INABILITY TO USE THIS PLATFORM, OR FOR ANY INFORMATION, SOFTWARE AND SERVICES PURCHASED THROUGH THIS PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF THIS PLATFORM, WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE
Gomingo does not guarantee nor warrant in any way whatsoever the accuracy of any of the information on the Platform relating to rates, property pricing, associated photography, amenities, descriptors, house rules as this information is provided by the Hosts and as such Gomingo disclaims all liability for any errors or inaccuracies. All information is only intended as guidelines. Furthermore, Gomingo has no duty to pre-screen or check content that is posted on the Platform by Hosts or any other users, whether directly contributed by the User or contributed by us or a third party on behalf of the User.
Gomingo makes no endorsement or recommendation of any services provided on the Platform. All such information, the Platform and services advertised are on an ‘as is’ basis without any warranty, whether implied or otherwise.
Gomingo has no liability and will not pay refunds nor other compensation under any circumstances for losses incurred by the Guests since the Hosts with whom the booking/reservation is made are independent parties of Gomingo and Gomingo will have no liability for acts, errors, breaches, (gross) negligence, wilful misconduct, omissions, non-performance, misrepresentations any acts, omissions, inaccuracies, breach warranties, death, injury, negligence, other damages arising from the act or omission of any Host.
Gomingo, its directors, officers, its subsidiaries, licensees or partners shall under any no circumstances be liable under or in connection with these Terms and Conditions for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, wasted management or back-office time, loss of or damage to goodwill or reputation, loss of claim, or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
Gomingo disclaims liability for all direct, indirect damages, losses suffered costs suffered, incurred or paid, pursuant to, arising out of or in connection with the use, inability to use or delay of our Platform.
You agree to defend and indemnify Gomingo, its subsidiaries, licensees or partners from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind, brought by either you or by any 3rd parties due to your use of this Platform or non-compliances with the Terms and Conditions herein.
Gomingo reserves the right, without any notice to interrupt, deny or curtail access to the Platform in response to any technical, IT, maintenance or any other issue, for which Gomingo disclaims liability for the consequences of such interruptions.
The Platform may have links (hyperlinks) to other websites. Gomingo does not have control over such websites and is not responsible for their content or your use of them, nor does it imply an endorsement of the content.
We may allow Hosts associated with Gomingo to book for other Users, or we allow Hosts to add other Members as Co-Hosts to help manage the listings of their properties under “users” page.
By using the Platform, you consent that Gomingo, in its sole discretion, may, either directly or through third-parties engaged to provide services to us, review, scan, analyze, and store your communications, whether done manually or through automated means.
INTELLECTUAL PROPERTY RIGHTS (IPR)
The Intellectual Property Rights in the Platform, software, code, associated HTLM controls, components, database, designs, illustrations and services, and all materials used and created by Gomingo in the platform and for the provision of services and products are the exclusive and sole property of Gomingo.
Any copying, reproduction and distribution of the Platform or its components is expressly prohibited by law.
Gomingo provides a limited license to use the Platform and your use of the software is governed by these Terms and Conditions
You are not entitled to copy, replicate scrape, (hyper-/deep) link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written consent . The Gomingo brand, all marks, logos, copyright and other imagery appearing on the Platform are the exclusive and sole property of Gomingo and may not be reproduced without Gomingo’s prior written consent. For more details about copyright and content please refer to section “Content”
Gomingo may, at its sole discretion, enable Users to (i) create, upload, post, send, receive and store content, such as text, photos, or other materials and information on or through the Platform ("Content") in so far as they are the owner of the Intellectual Property, copyright and other ownership rights of the Content ; and (ii) access and view other Content and any Content that Gomingo itself makes available on or through the Platform, including proprietary Gomingo Content and any Content licensed or authorized for use by or through Gomingo from a third party.
The Platform and content contained therein, may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United Kingdom and other countries. You acknowledge and agree that the Platform and Content, including all associated Intellectual Property Rights, are the exclusive property of Gomingo and/or its licensors or authorizing third parties. You will not remove, alter or obscure any copyright, trademark; service mark or other proprietary rights notices incorporated in or accompanying the Platform or Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Gomingo used on or in connection with the Platform and Gomingo Content are trademarks or registered trademarks of Gomingo in the United Kingdom and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Platform, and content are used for identification purposes only and may be the property of their respective owners.
You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Platform or Collective Content, except to the extent you are the legal owner of certain Content or as expressly permitted in these Terms and Conditions. No licenses or rights are granted to you by implication or otherwise under any Intellectual Property Rights owned or controlled by Gomingo or its licensors, except for the licenses and rights expressly granted in these Terms and Conditions.
Subject to your compliance with these Terms and Conditions, Gomingo grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) use the Platform on your personal device(s); and (ii) access and view any Content made available on or through the Platform and accessible to you, solely for your personal use.
By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Content on or through the Platform, you grant to Gomingo a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such user Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Gomingo Platform, and provide services in any media or platform. Unless you provide specific consent, Gomingo does not claim any ownership rights in any Content provided by Users and nothing in these Terms and Conditions will be deemed to restrict any rights that you may have to use or exploit your Content.
You are solely responsible for the Content that you make available on or through the Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Content that you make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to Gomingo the rights in and to such Content, as contemplated under these Terms and Conditions; and (ii) neither the Content nor your posting, uploading, publication, submission or transmittal of the Content or Gomingo’s use of the Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You will not post, upload, publish, submit or transmit any Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libellous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates Gomingo’s Policy or these Terms and Conditions. Gomingo may, without prior notice, remove or disable access to any Content that Gomingo finds to be in violation of these Terms.
In accordance with applicable law, and by accepting these Terms and Conditions Gomingo has adopted a policy of terminating, in certain circumstances, and removing, disabling, terminating either Accounts or Account access to the Platform, at its sole discretion where Users are either believed to or actually (i) infringe its Intellectual Property Rights (ii) commit fraud or fraudulent activity (iii) provide false or misleading or inaccurate information or (iv) in any other circumstances Gomingo deems is necessary whether for commercial, legal or any other reason.
You may terminate your contract with us at any time by emailing Gomingo at: firstname.lastname@example.org or contact Gomingo System Admin via ‘Support’ page if you’re registered user on the Platform. If you cancel your Account as a Host, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you cancel your Gomingo Account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
If your access to or use of the Platform has been limited or your Account has been suspended, disabled or closed or your contract has been terminated by us, you may not register a new Account or access and use the Platform through any Account of another user unless authorised by Gomingo.
GENERAL PAYMENT TERMS
By using the Platform you agree to comply with and be bound by the Payments Terms.Financial Terms for Hosts
Gomingo will collect the Total Fees from a Guest at the time the booking has been confirmed.Scope and Use of the Payment Services
Gomingo provides Payment Services to Users,
Gomingo may restrict the availability of the Payment Services, or certain services or features thereof, to carry out maintenance measures that ensure the proper or improved functioning of the Payment Services. Gomingo may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time.
You acknowledge and agree that anyone you authorize to use your Account may use the Payment Services on your behalf and that you will solely be responsible for actions and any payments made by such person. Gomingo exclude all liability for those actions.Modification of Payments Terms
Gomingo reserves the right to modify its Payments Terms at any time in accordance with this provision. If we make changes to our Payments Terms, we will post the revised Payments Terms on the Platform.
Eligibility and Verification
In order to utilise the Platform as a User, you agree to and must adhere to the terms and conditions of our Payments Provider Stripe, which form part of these Terms and Conditions and you represent and warrant that you have the authority to bind that person, company or other legal entity to these Payments Terms.
PAYOUTS AND PAYMENTS
As part of the provision of services Gomingo may request but are not limited to making inquiries regarding identity verification, screening or other checks that are deemed necessary by either Gomingo or the Gomingo’s third party payment provider, or as required by law. The use of a third party payment provider, entails being subject to any fees it charges, its processes and its own additional terms and conditions, it applies.
When you add a Payment Method or Payout Method to your Account, you will be asked to provide customary billing information such as name, billing address, and financial instrument information either to Gomingo or its third-party payment facilitator Stripe. You must provide accurate, current, and complete information when adding a Payment Method or Payout Method, and it is your obligation to keep your Payment Method and Payout Method up-to-date at all times. The information required for Payout Methods will include but not limited to:
- for direct deposit: your address, full name on the account, sort code and account number;
- for PayPal, your address, email address, and payout currency;
- The business type (individual or company)
- The business name (if you’re a company only)
- Full name of the individual or company representative
- Date of birth of the individual or company representative
- Address of the individual or business (not required for Australian and U.S).
In order to receive a Payout Hosts must have a valid Payout Method linked to their Account. Gomingo will initiate Payouts to selected Payout Method for accommodation within 48-72 hours of the Guest’s scheduled check-in time. The booking total will be sent in the currency selected by the host within their portal. The total received is based on the rate at the time of payout, not at the time of booking. In certain jurisdictions or instances, Gomingo has the right to amend or vary the time period of a payout or trigger for payment. The time it takes to receive payouts once released by Gomingo may depend upon the payout method you select as well as your financial institution. Gomingo may delay or cancel any payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.
Your Payout for a booking will be the “Room Total” amount less Gomingo Listing Fee and less applicable Host Fees.
Gomingo will receive and remit your Payments and Payouts in GBP. The amount received by a Host may vary based on the exchange rate used by the Host’s financial institution.
If you owe any amount to Gomingo (e.g., as a result of your bookings, booking modifications, cancellations or other actions as a Guest or Host), you authorize Gomingo to collect these amounts from you by withholding the amounts from your future Payouts and/or charging any Payment Method on file in your Account. Any funds collected by Gomingo will setoff the amount owed by you to Gomingo and extinguish your obligation to Gomingo. In addition to the amount due, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.
GUEST FINANCIAL TERMS
You authorize Gomingo to charge your Payment Method the Total Fees for any booking in connection with the Platform. Gomingo will collect the Total Fees in the manner agreed between you and Gomingo via the Platform. Gomingo will collect the Total Fees after the booking has been confirmed. Gomingo may offer alternative options for the timing and manner of payment; any additional fees for using offered payment options will be displayed via the Platform and included in the Total Fees, and you agree to pay such fees by entering the Payment Method. Once the payment transaction for your requested booking is successfully completed you will receive a confirmation email with your booking details.
If a booking is cancelled either because it is not accepted by the Host, or by our payment processing provider, any amounts collected by Gomingo will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system rules. Gomingo will not accept any liability for any cancelled bookings.
You authorize Gomingo to perform the Payment Method verifications described in Section “Payment and Payout Methods” and to charge your Payment Method for any bookings made in connection with your Account. You hereby authorize Gomingo to collect any amounts due by charging the Payment Method provided at checkout, either directly by Gomingo or indirectly, via a third-party online payment processor, and/or by one or more of the payment methods available on the Gomingo platform.
Should a Guest either overstay at an Accommodation or extend it, they must amend this reservation through the Platform and are responsible for paying all additional Fees applicable via Platform under these Terms and Conditions.
Gomingo is not responsible for any fees that a Guest’s third-party payment service provider may impose when Gomingo charges the Guest’s Payment Method, and Gomingo disclaims all liability in this regard.
PAYMENT COLLECTIONAppointment of Gomingo as Payment Collection Agent
Each Host hereby appoints Gomingo as the Host agent solely for the purpose of accepting funds from Guests purchasing such services
Each Host agrees that Gomingo may refund the Guest in accordance with these Terms and Conditions. Each Host understands that Gomingo’s obligation to pay the Host is subject to successful receipt of the associated payments from the Guest. Gomingo guarantees payments to Hosts only for amounts that have been successfully received by Gomingo from the Guest in accordance with these Payments Terms. In accepting appointment as payment collection agent of the Host, Gomingo assumes no liability for any acts or omissions.
Each Host acknowledges and agrees that, notwithstanding the fact that Gomingo is not a party to the agreement it acts as the Hosts’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Host. Upon your payment of the funds to Gomingo, your payment obligation to the Host for the agreed upon amount is extinguished, and Gomingo is responsible for remitting the funds to the Host in the manner described in these Payments Terms, which constitute Gomingo Payments’ agreement with the Guest In the event that Gomingo does not remit any such amounts, the Host will have recourse only against Gomingo and not the user directly.
GOMINGO FEESService Fees and Other Fees
Gomingo applies and collects the Service Fees of up to 3% from a Guest, which is chargeable in addition to the “Room total” amount when making a reservation.
Gomingo deducts up to 15% from the “Room Total” before remitting the Payout to the Host as described in these Payments Terms. Guest Fees are included in the Total Fees collected by Gomingo. These fees may be amended at Gomingo’s option.
Gomingo may charge additional fees for use of certain Payment Services and any applicable fees will be disclosed to Users via the Platform and has the right to amend these fees from time to time.
For more information please visit Gomingo Travel / Help page / Business Model.
CANCELATIONS AND REFUNDS
If you do not show (“No Show”) for the first night of your reservation but plan to check-in for subsequent nights in the reservation, you must confirm the reservation with GOMINGO.com no later than the original date of check-in to prevent cancellation of the whole booking. If you do not confirm the booking changes with GOMINGO.com the whole booking may be cancelled and refunds will only be due to you in line with the Rules and Restrictions of the particular hotel, as notified in the booking process.
If a Guest cancels a confirmed booking, Gomingo will refund the amount of the Total Fees due to the Guest pursuant to the appropriate listing Cancellation Policy and payout in a reasonable period of time and as otherwise in accordance with these Terms and Conditions. Gomingo will also initiate a Payout of any portion of the Total Fees due to the Host under the applicable cancellation policy.
If a Host cancels a confirmed booking, Gomingo will provide the Guest a full refund of the Total Fees within a commercially reasonable time of the cancellation
If, as a Host, you cancel a confirmed booking, you agree that Gomingo may collect any cancellation fees or other charges imposed pursuant to the Gomingo Terms. In these instances, Gomingo will treat your cancellation as a payment authorization.
If a Host curtails or cancels booking, Gomingo will provide Guests refund in accordance with these Terms and Conditions
All refunds are subject to the Gomingo Terms. If a Guest or Gomingo decide for any reason to cancel a confirmed booking pursuant to the [Gomingo Terms] and [Guest Refund Policy], you agree that Gomingo will not have any liability for such cancellations or refunds aside from its obligations to remit refunds or Payouts pursuant to these Payments Terms.
If a Host cancels a confirmed booking or Gomingo decides that it is necessary to cancel a confirmed booking, and Gomingo issues a refund to the Guest in accordance with the Refund Policy, or other applicable cancellation policy, you agree that in the event you have already been paid, Gomingo will be entitled to recover the amount of any such refund the Host, including by subtracting such refund amount out from any future Payouts due to you.
Gomingo is not responsible for any payments, refunds or other financial transactions that were committed outside the Platform, i.e. directly between Host and Guest.
If, as a Guest, you owe additional amounts to Gomingo due to a booking modification, you agree that Gomingo may collect such amounts by charging the Payment Method used to make your booking (or, if that Payment Method is not available, through any other authorized Payment Method in your Gomingo Account). If, as a Host, you owe Gomingo any amounts due to a booking modification, you agree that Gomingo may collect those amounts pursuant to section “Financial Terms for Hosts” and as otherwise permitted under these Payments Terms.
If Gomingo is unable to collect any amounts the Guest or the Host owes under these Payments Terms, Gomingo may engage in collection efforts to recover such amounts.
Payment Processing Errors
We may take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payout Method or Payment Method used for the original Payout to or Payment by you, so that you end up receiving or paying the correct amount.
POLICIES AND CANCELLATIONS
Rate Policies and Cancelations
To ensure a smooth and secure process, all cancellations must be processed
through the Platform.
If you are a registered Guest, you can do so by logging into your account, by going to ‘My Travel’ page, select reservation by clicking on Booking Reference number, select “Cancel” reservation. If you are a Host you can access reservations and make any changes via the “Reservations” or “Support” pages by logging into your account via Dashboard.
Alternatively, if you wish to cancel a booking by speaking to a member of staff, please contact our customer support team: email@example.com .
The cancellation policy is pre-set by Gomingo and selected by the Host when listing accommodation on the Platform. The Host can choose one of three universal rate policies available on the platform when listing Accommodation:
FLEXIBLE - Free Cancelation. Total amount less “Service Fee”.
MODERATE - 50% refund 30 days prior to check-in less “Service Fee”.
STRICT - Non-Refundable
In accordance with the cancellation policy, cancellations are considered to be withdrawals before the planned check-in. Please note that a refund is only possible only if we receive your cancellation within 24 hours prior to checking in.
The amount refunded to the Host dependent on (i) when a booking is cancelled and (ii) the cancellation policy chosen by the Host, or (iii) imposed by Gomingo. Please note that the Gomingo “Service Fee” is Non-Refundable. Only the “Cleaning Fee” is refundable if the Guest did not check in.
In the case of a cancellation by the Host, the Guest will be reimbursed the full price of the booking. In such cases, the Guest will incur no cancellation fees.
For more information please visit Gomingo Travel.
These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales and you hereby submit to the exclusive jurisdiction of the courts of England and Wales.
Nothing in these Terms and Conditions shall be deemed to constitute a partnership, agency between you and Gomingo as a result of the use of these Terms and Condition and use of the Platform.
Except as otherwise specified these Terms and Conditions contains all the terms agreed between Gomingo and users regarding its subject matter and supersedes any prior agreement, understanding or arrangement between the parties, whether oral or in writing or electronic.
In the event that any part of these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
PRIVACY AND COOKIES
· How we integrate our products. We're always improving our products to give you a frictionless and customized experience. The updates to our policy describe the tools we’ve built to make our products smarter.
· More control over your information. We make it easy for you to control the information you provide to us. Our policy explains how you can make choices about your information, and the measures we’ve put in place to keep your information secure.
· Using our products for work. Many users have access to our services through their organizations (e.g., their employers), who control their accounts or use of our services. The updated policy clarifies our relationship to these users and explains the tools available to administrators of these users.
What this policy covers.
Your privacy is important to us, and so is being transparent about how we collect, use, and share information about you. This policy is intended to help you understand:
- What information we collect about you
- How we use information we collect
- How we share information we collect
- How we store and secure information we collect
- How to access and control your information
- How we transfer information we collect internationally
- Other important privacy information
Gomingo ('we' or 'us') is committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal information. If you have any questions or concerns regarding this statement, you should contact us via email firstname.lastname@example.org
(1) Information collection
We may collect, store and use the following kinds of personal data:
(a) General information. We may collect information about your computer and about your visits to and use of this Platform (such as your IP address, geographical location, browser type, referral source, length of visit and number of page views, pages or content viewed, searches for Listings of Bookings you have made);
(b) Location Information. When you use certain features of the Gomingo Platform, we may collect different types of information about your general location (e.g. IP address, zip code) or more specific location information (e.g. precise location from your mobile GPS). Most mobile devices allow you to control or disable the use of location services for applications in the device’s settings menu.
(c) Log Data. We automatically collect log information when you use the Gomingo Platform, even if you have not created an Gomingo Account or logged in. That information includes, among other things: details about how you’ve used the Gomingo Platform (including links to third party applications), IP address, access times, hardware and software information, device information, device event information (e.g., crashes, browser type), and the page you’ve viewed or engaged with before or after using the Gomingo Platform.
(d) Transaction Information. We collect information related to your transactions on the Gomingo Platform, including the date and time, amounts charged, and other related transaction details.
(f) Account Information: information that you provide to us for the purpose of registering with us and maintaining your Gomingo Account profile (which may include your email address, name, location, personal details and/or images of you that you upload);
(g) Other information: We will collect information that you provide to us in the course of using our website services (including information contained in any media uploaded for publication on our website) and any other information that you choose to send to us.
(2) Information uses
We use, store, and process information about you to provide, understand, improve, and develop the Gomingo Platform, and to create and maintain a trusted and safer environment.
(a) Provide, Improve, and Develop the Gomingo Platform.
- Enable you to access and use the Gomingo Platform.
- Enable you to communicate with other Members.
- Operate, protect, improve and optimize the Gomingo Platform and experience, such as by performing analytics and conducting research.
- Personalize or otherwise customize your experience by, among other things, ranking search results or showing ads based on your search, booking history, and preferences.
- Enable you to access and use the Payment Services.
- Provide customer service.
- Send you service or support messages, such as updates, security alerts, and account notifications.
- If you provide us with your contacts’ information, we may use and store this information: (i) to facilitate your referral invitations, (ii) send your requests for references, (iii) for fraud detection and prevention, and (iv) for any purpose you authorize at the time of collection.
(b) Create and Maintain a Trusted and Safer Environment.
- Detect and prevent fraud, spam, abuse, security incidents, and other harmful activity.
- Conduct investigations and risk assessments.
- Verify or authenticate information or identifications provided by you (such as to verify your Accommodation address or compare your identification photo to another photo you provide).
- Conduct checks against databases and other information sources.
- Comply with our legal obligations.
- Resolve any disputes with any of our users and enforce our agreements with third parties.
- Enforce our Terms of Service, Payments Terms, and other policies.
(c) Provide, Personalize, Measure, and Improve our Advertising and Marketing.
- Send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your communication preferences (including information about Gomingo or partner campaigns and services).
- Personalize, measure, and improve advertising.
- Administer referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by Gomingo or its third party business partners.
A cookie consists of information sent by a web server to a web browser, and stored by the browser. The information is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.
We may use both "session" cookies and "persistent" cookies on the website. The session cookies enable our website to keep track of you whilst you navigate the website. The persistent cookies will enable our website to recognise your computer when you visit our website.
Whilst session cookies will be deleted from your computer when you close your browser, persistent cookies will remain stored on your computer until deleted, or until they reach a specified expiry date.
Most browsers allow you to refuse to accept cookies. (For example, in Internet Explorer you can refuse all cookies by clicking "Tools", "Internet Options", "Privacy", and selecting "Block all cookies" using the sliding selector.) This will, however, have a negative impact upon the usability of many websites, including ours.
(4) Use of personal data
We may use your personal information to:
(a) administer the website;
v(b) improve your browsing experience by personalising the website;
(c) enable your use of the services available on the website, including the facility to submit content to the website;
(d) send you general commercial communications;
(e) send you site-related email notifications, for example related to site improvement, new features and site content, or premium offerings;
(f) send you email notifications of related third party offers which are targeted to Gomingo’s focus (i.e. no spam) but not where you have opted out via the email settings on your profile;
(g) deal with enquiries and complaints made by or about you relating to the website; and
(h) provide third parties with statistical information about our users but this information will not be used to identify any individual user.
You acknowledge that our website is a social networking website and, where you submit personal information for publication on our website (including as part of your profile) we will publish and otherwise use that information in accordance with the terms of the licence you grant to us. Similarly, user ratings and reviews concerning you, and details of the performance of your public funds, may be published on our website.
Where you specifically agree to this (for example, during the website registration process) we may use your personal information to send to you marketing communications which we think may be of interest to you about our business or the businesses of carefully-selected third parties by post, fax, email, SMS or similar technology.
We use remarketing to advertise across web sites. Google, Facebook (and other similar third parties, if you use them) will show ads across web sites that you are visiting. These ads shown across other web sites are based on a user’s past visits to our web site by using cookies. Should you wish to opt out of remarketing campaigns, you can do this by visiting Google and Facebook's Ads Settings page.
Where you have provided us with credit card details in relation to a subscription service, we do not store these details nor do we share customer payment details with any 3rd parties other than our payment partners who we use for secure payments.
(5) Other disclosures
(a) to the extent that we are required to do so by law;
(b) in connection with any legal proceedings or prospective legal proceedings (including proceedings contemplated by a third party, whether against us, you or another third party);
(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk); and
(d) to the purchaser (or prospective purchaser) of any business or asset which we are (or are contemplating) selling.
(6) International data transfers
We collect information globally and primarily store that information in the United Kingdom. We transfer, process and store your information outside of your country of residence, to wherever we or our third-party service providers operate for the purpose of providing you the Services. Whenever we transfer your information, we take steps to protect it.
If you are in the European Economic Area, information which you provide may be transferred to countries which do not have data protection laws equivalent to those in force in the European Economic Area.
In addition, any personal information that you publish on the website will be available via the internet around the world.
You expressly agree to such transfers of personal information.
(7) Security of your personal data
We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
All personal information you provide will be stored on our secure servers, which incorporate both password and firewall protection. Please note that your username will be publicly visible but this can be a pseudonym.
If you choose to publish information about yourself in your public profile or in articles you choose to publish on the website (both optional), this information will, of course, be publicly available on the internet.
While all payment information is sent over a secure protocol, other data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
You are responsible for keeping your password and user details confidential. We will not ask you for your password (except when you log in).
(8) Policy amendments
(9) Your rights
You may instruct us to provide you with any personal information we hold about you. Provision of such information may be subject to the payment of a fee (currently fixed at £10.00).
You may instruct us not to process your personal data for marketing purposes by email email@example.com at any time.
(10) Third party websites
The website contains links to other websites. We are not responsible for the privacy policies or practices of third party websites.
(11) Updating information
Please let us know if the personal information which we hold about you needs to be corrected or updated.