Terms of
Service

By accessing or using kgaytravel.com (the “Site”) or by submitting a booking inquiry, sign-up, or other request to KGAY Travel LLC (“KGAY Travel,” “we,” “us,” or “our”), you agree to be bound by these Terms of Service (the “Terms”) and by our Privacy Policy. If you do not agree to these Terms, please do not use the Site or our services.

These Terms form a binding agreement between you and KGAY Travel. You represent that you are at least 18 years of age and have the legal capacity to enter into this agreement.

KGAY Travel is a booking concierge specializing in LGBTQ+ cruises, resort takeovers, group land trips, and related travel experiences. We curate, recommend, and arrange bookings on behalf of travelers with third-party charter companies, cruise lines, resorts, tour operators, airlines, and other suppliers (each, a “Travel Supplier”).

KGAY Travel acts solely as an independent travel agent. We are not the operator, owner, or principal of the cruises, resort stays, tours, flights, or other travel products we book on your behalf. All trips are operated by the applicable Travel Supplier under that supplier's own terms, conditions, and policies, which will govern your participation in the trip.

KGAY Travel is registered as a Seller of Travel in California (CST #2089491-50) and in Florida (Florida Seller of Travel Registration #ST37113).

When you submit a booking inquiry, we will work with you to identify a suitable trip and Travel Supplier and provide a written quote. Bookings are confirmed only when the applicable Travel Supplier accepts your reservation and you have paid any required deposit.

• Deposits. A non-refundable deposit is typically required to hold your reservation. [TODO: confirm standard deposit amount / per-trip variance with Steven before publishing.]
• Final payment. The balance is due by the date specified by the Travel Supplier, typically 60 to 120 days prior to departure. [TODO: confirm exact balance-due timing.]
• Payment methods. Payment is typically made directly to the Travel Supplier via credit card, bank transfer, or other supplier-approved method. [TODO: confirm whether KGAY Travel ever collects funds directly and, if so, on what terms.]
• Pricing. All prices are quoted in U.S. dollars unless otherwise noted and are subject to change until the booking is confirmed and paid. Prices may include or exclude taxes, fees, gratuities, and supplier surcharges; we will note what is included in your written quote.

You are responsible for reviewing your booking confirmation promptly and notifying us of any errors. KGAY Travel does not charge booking fees for standard cruise and resort bookings.

Cancellation and refund policies are set by the Travel Supplier operating your trip and are disclosed at the time of booking. KGAY Travel does not set, control, or guarantee refund amounts or timelines, and we do not issue refunds directly except where we have received funds that are subsequently returned to us by the supplier.

To cancel, contact us in writing as soon as possible at steven@kgaytravel.com. We will relay your cancellation request to the applicable Travel Supplier; the effective cancellation date is the date the supplier acknowledges receipt, not the date you contact us.

• Supplier policies govern. Most cruises, resort takeovers, and tours are subject to tiered cancellation penalties that increase as the departure date approaches. [TODO: confirm whether to include a generic cancellation schedule or to point travelers exclusively to per-supplier terms.]
• Non-refundable items. Deposits, third-party booking fees, airline tickets, travel insurance premiums, and any non-refundable component disclosed at the time of booking are generally not refundable regardless of cancellation timing.
• Trip changes by the supplier. If a Travel Supplier cancels, postpones, reroutes, or substantially modifies your trip, the supplier's policy controls the remedy (refund, credit, rebooking, or similar). KGAY Travel will help you navigate the supplier's process but is not responsible for the supplier's decision.

You are solely responsible for ensuring that you have all travel documents required for your trip and for the destinations on the itinerary, including but not limited to:

• A valid passport, typically with at least six (6) months of validity remaining beyond the trip end date and sufficient blank pages for entry stamps.
• Any visas, tourist cards, or entry permits required by the countries on your itinerary, including for transit stops.
• All vaccinations, health certificates, or medical clearances required by the Travel Supplier or by the countries you will visit.
• Compliance with any name-matching requirements between your passport, airline ticket, and supplier reservation.

KGAY Travel does not verify the validity, accuracy, or sufficiency of your travel documents and is not liable for any costs, losses, or denied-boarding decisions resulting from missing, invalid, or insufficient documentation.

Travel insurance is strongly recommended for every trip. A standard policy can protect against trip cancellation, trip interruption, medical emergencies abroad, medical evacuation, baggage loss, and supplier insolvency. We can recommend a provider if helpful, but the decision to purchase insurance — and the coverage level — is yours.

You agree to provide accurate information when submitting inquiries, bookings, and traveler details. You agree not to use the Site or our services for any unlawful purpose, to harass other travelers or staff, to disrupt or harm the Site or its underlying systems, or to submit fraudulent payment or identification information.

On any booked trip, you also agree to comply with the rules, code of conduct, and policies of the Travel Supplier operating that trip, and with all applicable laws in the jurisdictions you visit.

The Site, including its design, copy, photography, video, logos, and underlying code, is owned by KGAY Travel or its licensors and is protected by U.S. and international intellectual property laws. You may view, print, and share Site content for personal, non-commercial use; you may not copy, reproduce, modify, scrape, or republish any portion of the Site for commercial purposes without our prior written consent.

Partner names, logos, and trademarks displayed on the Site (including names of Travel Suppliers, cruise lines, and resorts) are the property of their respective owners and are used to identify trips and services we offer.

The Site may contain links to third-party websites, including Travel Supplier sites, partner booking platforms, social-media channels, and informational resources. KGAY Travel does not control, endorse, or assume responsibility for the content, privacy practices, or terms of any third-party site. Your use of any third-party site is at your own risk and subject to that site's own terms and privacy policy.

The Site and the services we provide are made available on an “as is” and “as available” basis. To the fullest extent permitted by law, KGAY Travel disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

We do not warrant that the Site will be uninterrupted, secure, or error-free, that any defects will be corrected, or that the Site is free of viruses or other harmful components. We do not warrant the accuracy, completeness, or timeliness of any information about trips, ports, itineraries, pricing, or supplier policies displayed on the Site — all such information is provided by Travel Suppliers and is subject to change.

KGAY Travel acts solely as an agent for the Travel Suppliers that operate the trips we book on your behalf. We are not responsible or liable for any act, omission, default, delay, injury, loss, damage, accident, inconvenience, or irregularity arising from the negligence, insolvency, bankruptcy, or other conduct of any Travel Supplier, transportation provider, accommodation provider, port authority, government agency, or other third party.

To the fullest extent permitted by law, KGAY Travel will not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or loss of enjoyment, arising out of or in connection with your use of the Site, our services, or any trip booked through us, whether based on contract, tort, strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.

In no event will KGAY Travel's total aggregate liability for any claim relating to a booking exceed the amount of commissions or fees actually received by KGAY Travel from the corresponding booking.

Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, our liability is limited to the greatest extent permitted by law.

You agree to indemnify, defend, and hold harmless KGAY Travel, its owners, employees, contractors, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your breach of these Terms, your violation of any law or third-party right, or your conduct on any trip booked through us.

Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Site or our services, you consent to the data practices described there.

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. [TODO: confirm jurisdiction — currently California assumption based on KGAY Travel's San Diego office and California Seller of Travel registration.]

Any dispute arising out of or relating to these Terms or our services will first be addressed by good-faith negotiation between the parties. If the dispute cannot be resolved by negotiation, the parties agree to submit to the exclusive jurisdiction of the state and federal courts located in San Diego County, California. [TODO: confirm whether mandatory arbitration / class-action waiver should be added — counsel decision.]

KGAY Travel may update these Terms from time to time. The “last updated” date at the top of this page reflects the most recent revision. Material changes will be posted on the Site and, where appropriate, communicated by email to active customers or newsletter subscribers. Your continued use of the Site or our services after a change takes effect constitutes acceptance of the revised Terms.

If any provision of these Terms is found unenforceable, that provision will be limited or eliminated to the minimum extent necessary and the remaining provisions will continue in full force. These Terms, together with our Privacy Policy and any written booking confirmation, constitute the entire agreement between you and KGAY Travel regarding your use of the Site and our services. You may not assign these Terms without our prior written consent; KGAY Travel may assign these Terms in connection with a merger, acquisition, or sale of assets.

Questions about these Terms, a specific booking, or a cancellation request — all go to the same place.