Terms of
Service

By accessing or using the KGAY Travel marketing site or mobile app, by creating an account, or by submitting a booking inquiry or other request to K Travel Group, doing business as KGAY Travel ("KGAY Travel," "we," "us," or "our"), you agree to be bound by these Terms of Service (the "Terms") and by our Privacy Policy, which is incorporated here by reference. The marketing site, the mobile app and our travel-agency services are together the "Service." If you do not agree to these Terms, please do not use the Service.

The Service is intended for adults. You must be at least 18 years old to create an account, use the Service, or book travel through us. By using the Service you represent that you are 18 or older, that you have the legal capacity to enter into this agreement, and that the information you provide is accurate. We do not knowingly collect information from anyone under 18.

KGAY Travel is a registered independent travel agent and Seller of Travel specializing in LGBTQ+ cruises, resort takeovers, group land trips and related travel experiences. We curate, recommend and arrange bookings on behalf of travelers.

Most of what we sell is operated by third parties. We arrange bookings with charter companies, cruise lines, resorts, tour operators, airlines and other suppliers (each, a "Travel Supplier") — for example Atlantis Events, VACAYA, Brand g Vacations, Out Adventures, RSVP and Source Journeys. For those trips, KGAY Travel acts solely as your independent travel agent. We are not the operator, owner or principal of the cruises, resort stays, tours, flights or events. Each trip is operated by the applicable Travel Supplier under that supplier's own terms, conditions and policies, which will govern your participation.

A smaller number of trips and events are operated by KGAY Travel itself — our own charters and group events. Where that is the case, it is clearly identified, and for those trips we act as the operator.

Alongside the booking business, we publish an informational trip guide in the KGAY Travel mobile app for iOS and Android. The guide is an informational companion to your trip, not the official source of trip information and not a booking platform. Itineraries, schedules, event times, venues, entertainment lineups, port times and prices shown in the guide come from the operators and can change at any time without notice. See Section 11 (Disclaimer of Warranties) and the separate Disclaimer.

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

To use account features you create an account using email, phone or a third-party sign-in (such as Apple or Google). You agree to:

• Provide accurate information and keep it up to date.
• Keep your credentials confidential and not share your account.
• Be responsible for all activity under your account.
• Tell us promptly at steven@kgaytravel.com if you suspect unauthorized use.

We may suspend or terminate accounts that violate these Terms or that we reasonably believe are being used for fraud, abuse or unlawful activity.

You agree not to:

• Break any law or infringe anyone's rights while using the Service.
• Harass, threaten, impersonate or harm other users.
• Upload content that is unlawful, hateful, defamatory, obscene, or that violates someone else's privacy or intellectual property.
• Attempt to access accounts, data or systems you are not authorized to use.
• Interfere with, disrupt, reverse-engineer, scrape or overload the Service or its infrastructure.
• Use the Service to send spam or to collect other users' information without consent.

We may remove content or restrict access that we reasonably believe violates these rules.

You may add content to your account — your profile details, saved plans, schedule and connections with other users ("friends"). You keep ownership of the content you create, and you grant us a limited license to store, display and process it as needed to operate the Service for you, including syncing it across your devices and showing your display name and avatar to friends you connect with. You are responsible for the content you add and for your interactions with other users. The friends feature is a convenience for coordinating travel; you choose who you connect with, and you should only share details you are comfortable sharing.

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

• Who you pay. Who you pay depends on who operates the trip. For third-party trips — the majority, including cruises, resort takeovers and group trips operated by a Travel Supplier — payment is made to, or collected on behalf of, the Travel Supplier under that supplier's terms, by credit card, bank transfer or another supplier-approved method. For KGAY-operated exclusive trips and charters that we run ourselves, payment is made directly to KGAY Travel. We do not collect payment-card data on our own sites.
• Deposits and final payment. Deposits and balance-due dates are set by the Travel Supplier and disclosed at the time of booking.
• Pricing. Prices are quoted in U.S. dollars unless noted, and are subject to change until the booking is confirmed and paid. Your written quote notes what is included and excluded (taxes, fees, gratuities, surcharges).
• Fees. KGAY Travel typically does not charge booking fees for standard cruise and resort bookings.
• Your responsibility. Review your booking confirmation promptly and tell us right away of any errors.

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 request to the 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 carry tiered cancellation penalties that grow as departure approaches.
• Non-refundable items. Deposits, third-party booking fees, airline tickets, travel-insurance premiums and any non-refundable component disclosed at booking are generally not refundable regardless of timing.
• Changes by the supplier. If a Travel Supplier cancels, postpones, reroutes or substantially modifies your trip, the supplier's policy controls the remedy. We will help you navigate their process but are not responsible for their decision.

You are solely responsible for holding all travel documents required for your trip and destinations, including a valid passport (typically with at least six months' validity beyond the trip end date and sufficient blank pages), any visas or entry permits (including for transit stops), any required vaccinations or health clearances, and name-matching between your passport, airline ticket and supplier reservation. KGAY Travel does not verify the validity or sufficiency of your 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 cover trip cancellation and interruption, medical emergencies abroad, medical evacuation, baggage loss and supplier insolvency. We can recommend a provider, but the decision to buy insurance and the coverage level are yours.

The Service — including its name, logos, design, copy, photography, video, software and underlying code — is owned by KGAY Travel or its licensors and is protected by U.S. and international intellectual property laws. We grant you a personal, limited, non-exclusive, non-transferable, revocable license to use the Service for your own non-commercial travel use. You may not copy, modify, distribute, sell, scrape or create derivative works from the Service except as allowed by these Terms or applicable law. "KGAY," "KGAY Travel" and related marks are ours; partner names, logos and trademarks — including Travel Suppliers, cruise lines, resorts, ships, venues and talent — belong to their respective owners and are used to identify the trips and services we offer.

The Service relies on third-party providers to function — for sign-in, data storage, media delivery, analytics, push notifications, forms and email — and may link to third-party sites, including Travel Supplier and partner booking sites. We do not control those third parties and are not responsible for their content, products, privacy practices or terms. Your use of any third party's service is governed by that party's own terms and privacy policy. See our Privacy Policy for the providers that process your data.

The Service is provided 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, accuracy and non-infringement, and any warranties arising from course of dealing or usage of trade.

We do not warrant that the Service will be uninterrupted, secure or error-free, that defects will be corrected, or that it is free of harmful components. We do not warrant the accuracy, completeness or timeliness of any information about trips, ports, itineraries, schedules, event times, entertainment lineups, pricing or supplier policies shown in the mobile app — all of that comes from Travel Suppliers and is subject to change. You use the Service at your own risk and should independently verify any detail you rely on for travel.

KGAY Travel acts solely as an agent for the Travel Suppliers that operate the trips we arrange on your behalf (except for trips clearly identified as KGAY-operated). 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, other guest or other third party.

To the fullest extent permitted by law, KGAY Travel and its owner, employees and partners 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 related to your use of (or inability to use) the Service, our services or any trip, whether based on contract, tort, strict liability or any other theory, even if we have been advised of the possibility of such damages.

To the extent any liability cannot be excluded, our total aggregate liability for any claim relating to a booking will not exceed the commissions or fees actually received by KGAY Travel for that booking, and our total liability for all other claims will not exceed the greater of the amount you paid us in the prior 12 months or USD $100. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

You agree to indemnify, defend and hold harmless KGAY Travel and its owner, 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.

You may stop using the Service and delete your account at any time (see "Account Deletion" in the Privacy Policy). We may suspend or terminate your access if you violate these Terms, if required by law, or if we discontinue the Service. Sections that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification and governing law — will survive.

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles — based on KGAY Travel's San Diego office and its 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. If it cannot be resolved that way, the parties agree to submit to the exclusive jurisdiction of the state and federal courts located in San Diego County, California, except where applicable law gives you the right to bring a claim elsewhere.

We may update these Terms from time to time. The "last updated" date at the top reflects the most recent revision. Material changes will be posted and, where appropriate, communicated by email or in the app. Your continued use of the Service after a change takes effect means you accept the revised Terms.

If any provision of these Terms is found unenforceable, it will be limited or removed to the minimum extent necessary and the rest will remain in full force. These Terms, together with our Privacy Policy and any written booking confirmation, are the entire agreement between you and KGAY Travel regarding your use of the Service. You may not assign these Terms without our prior written consent; KGAY Travel may assign them in connection with a merger, acquisition or sale of assets.

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

• Owner: Steven Krumholz
• Email: steven@kgaytravel.com
• Phone: 310.560.9887
• Mail: KGAY Travel, 3245 University Ave 1-111, San Diego, CA 92104, USA
• Registrations: California Seller of Travel CST #2089491-50 · Florida Seller of Travel #ST37113