Please read this section carefully. This section limits On The Go Tours' liability to you for issues that may arise in connection with your use of this Website. if you do not understand the terms in this section or elsewhere in the Agreement, please consult a lawyer for clarification before accessing or using this website.
The information, content and Day Tours published on this Website may include inaccuracies or errors, including reservation availability and pricing errors. On The Go Tours does not guarantee the accuracy of, and disclaim all liability for, any errors or other inaccuracies relating to the information and description of the Day Tours displayed on this Website (including, without limitation, the pricing, availability, photographs, features, inclusions and exclusions, general product descriptions, reviews and ratings, etc.). in addition, On The Go Tours expressly reserves the right to correct any availability and pricing errors on our Website and/or on pending reservations made under an incorrect price.
On The Go Tours make no representations about the suitability of the information, content and Day Tours contained on this Website for any purpose, and the inclusion or offering of any Day Tours on this Website does not constitute any endorsement or recommendation of such Day Tours by the On The Go Tours. All such information, content and Day Tours services are provided “as is” without warranty of any kind. On The Go Tours disclaims all warranties and conditions that this Website or any email sent from On The Go Tours, are free of viruses or other harmful components. On The Go Tours hereby disclaims all warranties and conditions with regard to this information, content and Day Tours, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and noninfringement, to the extent permitted by law.
The third-party suppliers and private tour guides providing Day Tours on this Website are independent contractors and not agents or employees of On The Go Tours. On The Go Tours is not liable for the acts, errors, omissions, representations, warranties, breaches, negligence or misconduct of any such suppliers or private tour guides or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom or otherwise arising from your booking of a Day Tour or your use of a product or service. On The Go Tours has 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.
In no event shall On The Go Tours (or its 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 Day Tour bookings made by you through this Website even if On The Go Tours has been advised of the possibility of such damages.
If On The Go Tours is found liable for any loss or damage that arises out of or is in any way connected with your booking or use of Day Tours made available through our Website, then On The Go Tours liabilities will in no event exceed, in the aggregate, the greater of (a) the transaction fees paid to On The Go Tours for the transaction(s) on this Website giving rise to the claim, or (b) One-Hundred US Dollars (USD $100.00).
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 Go Travelling Ltd t/a On The Go Tours.