Context Walks LLC Online Terms of Service
Effective Date: May 20, 2019
Welcome to Context Travel brought to you by Context Walks LLC. Thank you for your interest. Please review the following terms of service (the “Terms of Service”), which will govern your registration with and use of the Context Travel website www.contexttravel.com (the “Site”), including all content and services provided by Context Walks LLC (“Context Travel,” “us,” “we” or “our”) on or in conjunction with the Site including, but not limited to, booking, private and semi-private group tours, custom tours collaboration and other goods and services (the “Services”), and excepting certain exclusions as noted below.
We reserve the right, in our sole discretion, to change or modify portions of these Terms of Service at any time. If we do so, we will post the changes on this page and will indicate at the top of this page the date the revised Terms of Service were effective. You may read the then-current copy of these Terms of Service at any time by selecting the “Terms of Service” link on the Site. We may also notify you of material changes from time to time through a pop-up notice, e-mail or other reasonable means, but we shall not be obligated to do so. Your continued use of the Site after any change by us constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revision to which you are bound. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Site.
1. Site Access and Registration.
a. We hereby grant you permission to use the Site as set forth in these Terms of Service provided that: (i) your use of the Site is solely for your personal use; (ii) you will not copy or distribute any part of the Site in any medium without Context Travel’s prior written authorization; (iii) you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and (iv) you will otherwise comply with these Terms of Service.
b. You agree not to: (a) take any action that imposes an unreasonable load on the Site’s infrastructure; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up of the Site; (d) delete or alter any material we or any other person or entity posts on the Site; or (e) otherwise take any action in violation of our guidelines and policies.
c. You may register for an account on the Site (an “Account”). To use certain portions of the Site, you are not required to sign up for an Account. However, there are features of the Site, such as accessing your order history, require you to register for an Account. You must provide accurate and complete information and keep your Account information updated. You may not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a username a name that is otherwise offensive, vulgar or obscene.
d. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s Account or registration information for the Site without that person’s permission. You must notify us immediately of any change in your eligibility to use the Site, breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You have the ability to shut down your Account at any time. Notwithstanding the above or anything to the contrary set forth in these Terms of Service, Context Travel shall have the absolute and unlimited right to: (i) reject any potential Account; and (ii) terminate any Account in its sole discretion and without reason.
2. Booking and Payment.
b. You agree to provide accurate and up-to-date payment information at the time you make a reservation. We have contracted with a third-party payment processor to facilitate purchases made on the Site. When you make a reservation through the Site, you will provide your payment details and any additional information required to complete your order to us. We will then send your information to our third-party processor to complete your transaction. . For your convenience, we do retain the following information for each credit card used on the Site: 1) card type; 2) the last four digits of the card; and 3) the name of the card. We may retain this information indefinitely unless and until you request that we remove this information from our network. We do not retain any of your payment information. You should be aware that online payment transactions are subject to validation checks by our payment processor and your card issuer, and we are not responsible if your card issuer declines to authorize payment for any reason. For your protection, our payment processor uses various fraud prevention protocols and industry standard verification systems to reduce fraud. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. In some jurisdictions, our payment processor may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services.
c. You agree to have sufficient funds or credit available upon placement of any such reservation to ensure that the purchase price will be collectible by us. After you place your reservation, we will send you a confirmation email. We strive to provide accurate pricing information regarding the Services available on the Site. However, mistakes happen and we cannot guarantee there will never be pricing errors. We reserve the right, at our sole discretion, to not process or to cancel any reservations placed for the Services in which the price was incorrectly posted on the Site as a result of an error. If this occurs, we will notify you by email.
d. The Site may contain information regarding the availability of the Services. In some cases, the Services may be available when you make your reservation, and completely booked by the time we attempt to process the reservation. Should this happen, we will notify you by email and cancel the Services from your reservation.
e. The Context Journeys products shown on the Site adhere to different payment and booking terms than do private, semi-private, and custom tour products. Please see Context Journeys terms and conditions for detail.
3. Changes and Cancellation by You.
a. You may cancel reservations for semi-private or private tours (as opposed to a custom tour, which is discussed in subparagraph (b) below) up to seven (7) days in advance of the date and time of the reservation for a 50% refund; we will retain the 50% balance as a processing and handling fee. All sales are final and fully nonrefundable for private and semi-private tours within seven (7) days of the reservation date and time. If you wish to cancel a semi-private or private tour within seven (7) days of the reservation date and time without refund, you may do so via our 24 hour number +1 (646) 863-5002.
b. You may cancel reservations for custom tours up to fourteen (14) days in advance of the date and time of the reservation for a 50% refund; we will retain the 50% balance as a processing and handling fee. All sales are final and fully nonrefundable for custom tours within fourteen (14) days of the reservation date and time. Cancellation of a custom tour made within fourteen (14) days of the reservation date and time may be made without refund to our 24 hour number +1 (646) 863-5002. All tickets for transportation and third party venues are nonrefundable for semi-private, private and custom tours. Car services and tasting fees are subject to same terms as the tours.
c. All tours are rain or shine though there may be variations to accommodate the weather. All tours will start promptly on time. If you arrive 10 minutes or more after the reservation time for a semi-private tour, your reservation will be canceled and no refund will be issued. If you arrive 45 minutes or more after the reservation time for a private or a custom tour, your reservation will be canceled and no refund will be issued. No-shows for all tours are treated as last-minute cancellations and no refund will be issued.
d. Should you wish to make any changes to your reservation for a semi-private or private tour, you must request said changes as soon as possible and no later than seven (7) days before the date and time of your reservation. Should you wish to make any changes to your reservation for a custom tour, you must request said changes as soon as possible and no later than fourteen (14) days before the date and time of your reservation. While we will attempt to accommodate your change request, we cannot guarantee we will be able to do so. If we cannot, you will have the option to maintain the existing reservation or to cancel as set forth in sections (a) and (b) above. Any change is subject to availability and to possible change and administrative fees up to 25% of the price of the original reservation.
e. You may cancel reservations for Context Journeys up to 90 days prior to the Journey start date. Please note that Context Journeys payments (including initial 50% deposit) are non-refundable. Please see Context Journeys terms and conditions for detail.
4. Changes and Cancellation by Context Travel.
a. We will make every reasonable effort to provide the Services in accordance with the descriptions provided on our Site. Although it is unlikely that we will have to make any changes to your reservation or cancel confirmed reservations, we reserve the right to do so should it become necessary or advisable. If we cancel your reservation, we will either provide you a credit that you may use towards another Service or a full refund in our discretion.
b. Please note some of the Services require a minimum number of participants. If the minimum number of bookings required for a particular Service has not been received, we may cancel the Service. We will notify you of cancellation for this reason no later than 2 weeks before the date of the reservation.
c. Context Journeys products will be confirmed as soon as we have 10 confirmed (deposit paid) participants. If we do not have this number of participants 90 days prior to the Journey start date, we will cancel the tour and refund your deposit. Please see Context Journeys terms and conditions for detail.
5. Medical Conditions, Disabilities and General Health.
a. If you make a reservation for a Service, we will assume that you have no medical conditions, disabilities, general health issues or food or allergy issues (“Medical Conditions”) that would prevent or hamper you from participating in the Services. In the event that you do in fact have any Medical Conditions, we will attempt to accommodate said Medical Conditions when we can and it is reasonable to do so. However, we do not guarantee that we or the venue can or will make any such accommodations. In the event that you cannot participate in the Services because of undisclosed Medical Conditions, we may, in our sole discretion, offer a substitute Service or cancel your reservation without refund. Please contact us or the appropriate venue if you are unsure about whether you are able to participate in a Service.
b. Under no circumstances should you travel or use the Services if your doctor has advised you against it, or would advise you against it if consulted.
6. Trip Participation and Your Conduct.
a. You agree to accept the authority and decisions of our employees, guides and agents while on any tour with us. If in the opinion of any such person(s) or any other person in a position of authority, your health, level of fitness or conduct at any time before or during a trip is endangering or appears likely to endanger your health or wellbeing or that of any third party (including any other client of Context Travel) or the safe, comfortable or happy progress of the tour, you may be excluded from all or part of the tour without refund or recompense.
b. You accept responsibility for the proper conduct of yourself and any or all other members of your group. We reserve the right in our reasonable discretion to terminate your tour or that of any member of your group whose conduct we or our guides consider disruptive or detrimental to the enjoyment of other guests, or whose conduct may prejudice our reputation, all in our sole discretion. In such event we shall have no further responsibility or liability to you. No refund or payment of any costs incurred by you will be made by us under these circumstances.
7. The Site and Advertising Accuracy. All information contained on the Site and in our advertising materials has been provided in good faith, and is considered correct at the time of publication. However, occasional errors may occur, and information may subsequently change, and we are not responsible for such errors or omissions. You must therefore ensure you check all details of your chosen Service (including the price) at the time of booking. It would also be a good idea to confirm as the date approaches, though you are not required to do so.
8. Third Party Sites. The Site may contain links to third party websites, services or other resources on the internet (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any External Sites.
9. Reviews, Comments, Communications and Other Content.
a. You may post reviews, comments, photos, videos, and other content (“User Content”) to the Site, so long as you represent and warrant that the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages.
b. If you do post content or submit material, you grant Context Travel a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Context Travel and its sublicensees the right to use the name that you submit in connection with such content, if we choose to do so in our discretion. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Service and will not cause injury to any person or entity; and that you will indemnify Context Travel for all claims resulting from content you supply. Context Travel has the right, but not the obligation, to monitor and edit or remove any content. Context Travel takes no responsibility and assumes no liability for any content posted by you or any third party.
10. Intellectual Property Rights.
a. All information and content available on the Site and its “look and feel,” except all User Content, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio/video clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is the property of the Context Travel and is protected by United States and international laws, including laws governing copyrights and trademarks. The reproduction and use of any of these by you is prohibited unless specific permission is provided by Context Travel. Any unauthorized use may violate copyright laws, trademark laws, privacy and publicity laws, and/or communications regulations and statutes of the United States and foreign laws and international conventions.
b. The trademarks, service marks, logos, and other indicia (collectively the “Trademarks”) which appear on the Site are registered and unregistered trademarks of Context Travel. Nothing contained on the Site should be construed as granting, by implication or otherwise, any right, license or title to any of the Trademarks without the advance written permission from us. All rights are expressly reserved and retained by Context Travel. Your misuse of any of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms of Service, is strictly prohibited.
c. All materials provided to you during or in connection with the Services is Context Travel’s copyrighted work and is protected by United States and international laws. Nothing contained on the Site should be construed as granting, by implication or otherwise, any right, license or title to any of the copyrighted work without the advance written permission from us. All rights are expressly reserved and retained by us. Your misuse of any of the copyrighted work provided to you, except as provided in these Terms of Service, is strictly prohibited.
11. Digital Millennium Copyright Act. If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Context Travel’s DMCA agent with the following information in writing:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
d. Information reasonably sufficient to permit the DMCA agent to contact you, such as an address, telephone number, and, if available, an email address;
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Context Travel’s designated DMCA agent to receive notifications of claimed infringement is: Randy M. Friedberg, Esq., White and Williams LLP, 7 Times Square, Suite 2900, New York, New York, 10036; email: firstname.lastname@example.org. Only DMCA notices should go to the DMCA agent. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. We suggest that you consult your legal advisor before filing a notice. Please be aware that there are penalties for false claims under the DMCA. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
12. Photos and Videos.
a. Context Travel reserves the right to use photograph/video taken during the Services or at any event sponsored by Context Travel without further consent or written permission of those included within the photograph/video. We may use the photograph/video in publications or other media material produced, used or contracted by us including but not limited to: brochures, invitations, books, newspapers, magazines, television, websites, etc. To ensure the privacy of individuals and children, individuals will not be identified using full names or personal identifying information without written approval from the photographed subject, parent or legal guardian. If you do not wish to have your image recorded for distribution, please advise us at email@example.com prior to your reservation. By participating in the Services or events and failing to notify us prior to your reservation or event of your desire to not have your photograph/video used by Context Travel, you are agreeing to allow us to do so and to release, defend, hold harmless and indemnify Context Travel from any and all claims involving the use of your picture or likeness.
b. You may not use any photographs or videos recorded during the Services for commercial purposes.
13. Our Liability.
a. PLEASE READ THIS CAREFULLY. THIS SECTION LIMITS CONTEXT TRAVEL’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THIS SITE OR THE SERVICES. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THESE TERMS OF SERVICE, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THIS SITE OR PARTICIPATING IN A TOUR.
b. THE INFORMATION, CONTENT, SOFTWARE AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING RESERVATION AVAILABILITY AND PRICING ERRORS. CONTEXT TRAVEL, ITS PARENT, SUBSIDIARIES AND CORPORATE AFFILIATES (COLLECTIVELY, THE “CONTEXT TRAVEL GROUP COMPANIES”) DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE SERVICES DISPLAYED ON THIS SITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, AVAILABILITY, PHOTOGRAPHS, FEATURES, INCLUSIONS AND EXCLUSIONS, GENERAL SERVICE DESCRIPTIONS, REVIEWS AND RATINGS, ETC.). IN ADDITION, CONTEXT TRAVEL EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY AVAILABILITY AND PRICING ERRORS ON OUR SITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE.
c. THE GUIDES THAT PROVIDE THE SERVICES ADVERTISED ON THIS SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE CONTEXT TRAVEL GROUP COMPANIES. THE CONTEXT TRAVEL GROUP COMPANIES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, NEGLIGENCE OR MISCONDUCT OF ANY SUCH GUIDE OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM OR OTHERWISE ARISING FROM YOUR BOOKING OF THE SERVICES OR YOUR USE OF THE SERVICES. THE CONTEXT TRAVEL GROUP COMPANIES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
d. IN NO EVENT SHALL THE CONTEXT TRAVEL GROUP COMPANIES (OR THEIR OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF DATA OR INFORMATION OR COSTS TO PROCURE SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, SERVICE BOOKINGS MADE BY YOU THROUGH THIS SITE OR YOUR ACCESS TO, DISPLAY OF OR USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS SITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON THIS SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES AND SERVICES OBTAINED THROUGH THIS SITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS SITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF CONTEXT TRAVEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
e. If the Context Travel Group Companies are found liable for any loss or damage that arises out of or is in any way connected with your use of the Site or your booking or use of the Services made available through our Site, then the Context Travel Group Companies’ liabilities will in no event exceed, in the aggregate, the transaction fees paid to Context Travel for the transaction(s) on this Site giving rise to the claim.
f. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the Context Travel Group Companies.
14. Indemnification. You agree to defend and indemnify Context Travel and the Context Travel Group Companies and all of their respective officers, directors, employees and agents from and against any claims, causes of action, demands, suits, proceedings, investigations, losses, damages, fines, penalties, fees, expenses, costs and any other liabilities of any kind or nature including but not limited to reasonable legal and accounting fees, arising out of or related to:
i. your breach of these Terms of Service or the documents referenced herein;
ii. your violation of any law, rule, regulation or guideline;
iii. your violation, infringement or misappropriation of the rights of a third party, including without limitation any rights of publicity or privacy;
iv. your use of this Site in any manner other than as intended; or
v. your negligence or willful misconduct.
15. Disclaimer. THE CONTEXT TRAVEL GROUP COMPANIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, CONTENT, SOFTWARE AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, CONTENT, SOFTWARE, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE CONTEXT TRAVEL GROUP COMPANIES DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS SITE, ITS SERVERS OR ANY EMAIL SENT FROM THE CONTEXT TRAVEL GROUP COMPANIES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTEXT TRAVEL HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, CONTENT SOFTWARE, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, TO THE EXTENT PERMITTED BY LAW.
16. Governing Law. You agree that: (a) Context Travel shall be deemed solely based in New York, New York; and (b) the Site shall be deemed a passive website that does not give rise to personal jurisdiction over Context Travel, either specific or general, in jurisdictions other than New York. These Terms of Service shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Furthermore, the parties agree that the sole and exclusive venue for any dispute or claim arising out of or in connection with these Terms of Service shall be the state and federal courts sitting in New York, New York.
Should you have any questions concerning these Terms of Service, please email firstname.lastname@example.org.