Terms & Conditions
The services comprise an online platform through which operators (defined below) may create listings (defined below) for group tours (defined below) and travelers (defined below) may learn about and book such group tours. You understand and agree that Touriar is acting as an agent for the operators, not as an insurer. Touriar has no control over the conduct of operators, travelers and other users of the services or any group tours, and disclaims all liability in this regard.
Bookings and Financial Terms for Operators
If you are an Operator and a booking is requested for your Group Tour via the Services, either you or Touriar acting as the Operator's agent, will be required to either confirm or reject the booking, using your internal reservation system or staff, within the specified timeframe (which is generally within 24-48 hours of when the booking is requested, as determined by Touriar in its sole discretion) or the booking request may be automatically cancelled. If you are unable to confirm or decide to reject a booking of a Group Tour within the specified timeframe, any amounts collected by Touriar for the requested booking will be refunded to the applicable Traveler's credit card and any pre-authorization of such credit card will be released. When a booking is requested via the Services, we may share with you the first name, last name and contact email address of the Traveler who has requested the booking.
The deposit displayed on the booking page is generally based on the Operator's Terms as outlined on the booking page. Where applicable, Taxes may be charged in addition to the Group Tour Cost. The Group Tour Cost and applicable Taxes are collectively referred to in these Terms as the "Total Cost". The amounts due and payable by a Traveler solely relating to an Operator's Group Tour are the "Group Tour Cost". Please note that it is the Operator and not Touriar which determines the Group Tour Cost. Touriar will collect the deposit and/or the total cost at the time of booking confirmation (i.e. when the Operator confirms the booking within the specified timeframe) acting on behalf of the Operator. The Balance of Payment (defined as the Total Cost minus the deposit) will be payable directly based on the Payment Terms as stated by the Operator on the booking page. Operators understand and agree that once a Traveler has received a booking confirmation number, the price for such booking may not be altered.
Appointment of Touriar as Agent for Operator
The Operator hereby appoints Touriar as the Operator's agent to facilitate the booking of Group Tours. The Operator will make the Group Tour available to Traveler in the agreed upon manner as described in their Listing. In accepting appointment as the authorized agent of the Operator, Touriar assumes no liability for any acts or omissions of the Operator. You acknowledge and agree that Touriar reserves the right, in its sole discretion, to introduce and collect other fees from you in accordance with the Modification Section of these Terms. Please note that Touriar will provide notice of new fees via the Services, prior to implementing such new features.
Bookings and Financial Terms for Travelers
The Operators, not Touriar, are solely responsible for honoring any confirmed bookings and making available any Group Tours reserved through the Services. You acknowledge that the availability and price of a Group Tour can change any time until you have received a booking confirmation number. If you, as a Traveler, choose to enter into a transaction with an Operator for the booking of a Group Tour, you agree and understand that you will be required to enter into an agreement (including releases) with the Operator and you agree to accept any terms, conditions, rules and restrictions associated with such Group Tour imposed by the Operator. You acknowledge and agree that Touriar is a party to the agreement only as the agent to the Operator. With the exception of its obligations hereunder, Touriar disclaims all liability arising from or related to any such agreements. Any Deposit or Balance of Payment is due as stated within the Operators Terms contained in the Booking Page.
The Booking Page for a Group Tour will specify the Total Cost. As noted above the Operator is required to either confirm or reject the booking within the specified timeframe (which is generally within 24-48 hours of when the booking is requested, as determined by Touriar in its sole discretion) or the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Operator), any amounts collected by Touriar will be refunded to such Traveler, depending on the selections the Traveler makes via the Site and Application, and any pre-authorization of such Traveler's credit card will be released, if applicable.
You agree to pay Touriar acting on behalf of the Operator for the Total Cost for any booking requested in connection with your Touriar Account if such requested bookings are confirmed by the applicable Operator. In order to establish a booking pending the applicable Operator's confirmation of your requested booking, you understand and agree that Touriar reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for either the Deposit or Total Cost or (ii) charge your credit card a nominal amount, not to exceed one Dollar (USD 1), or a similar sum in the currency in which you are transacting (e.g. one Euro or one British Pound) to verify your credit card. Once you receive confirmation of your booking from the applicable Operator, Touriar will collect the Total Cost Payment in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing acting on behalf of the Operator. Please note that Touriar cannot control any fees that may be charged to a Traveler by his or her bank related to Touriar's collection of the Total Cost, and Touriar disclaims all liability in this regard.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of the Services, you may not and you agree that you will not:
• violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
• use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Content;
• use the Services for any commercial or other purposes that are not expressly permitted by these Terms;
• copy, store or otherwise access any information contained on the Services or Content for purposes not expressly permitted by these Terms;
• infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
• interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• use the Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
• use the Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to Group Tours;
• "stalk" or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Touriar Traveler or Operator;
• offer, as an Operator, any Group Tours that you do not yourself have permission to provide (without limiting the foregoing, you will not list Group Tours as an Operator if you are serving in the capacity of an agent for a third party);
• offer, as an Operator, any Group Tour that may not be provided pursuant to the terms and conditions of an agreement with a third party;
• register for more than one Touriar Account or register for a Touriar Account on behalf of an individual other than yourself;
• contact an Operator for any purpose other than asking a question related to a booking, such Operator's Group Tours or Listings;
• contact a Traveler for any purpose other than asking a question related to a booking or such Traveler's use of the Services;
• when acting as a Traveler or otherwise, recruit or otherwise solicit any Operator or other Member to join third party services or websites that are competitive to Touriar, without Touriar's prior written approval (for clarity and without diminishing any of Touriar's rights to enforce these Terms, Touriar may cancel such offending Member's Touriar Account, permanently block such Member from access to the Service, and take any legal action Touriar deems appropriate against such Member, including by prosecuting such Member to the fullest extent of the law);
• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation or non-affiliation with any person or entity, or otherwise post any reviews that exhibit a conflict of interest (for example, by posting reviews for your or your employer's Listing);
• use automated scripts to collect information or otherwise interact with the Services;
• use the Services to find an Operator or Traveler and then complete a booking of a Group Tour transaction independent of the Services, whether or not you do so in order to circumvent the obligation to pay any Service Fees related to Touriar's provision of the Services;
• as an Operator, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;
• post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
• systematically retrieve data or other content from the Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
• use, display, mirror or frame any portion of the Services, or any individual element within the Services, Touriar's name, any Touriar trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Touriar's express written consent;
• access, tamper with, or use non-public areas of the Services, Touriar's computer systems, or the technical delivery systems of Touriar's providers;
• attempt to probe, scan, or test the vulnerability of any Touriar system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Touriar or any of Touriar's providers or any other third party (including another user) to protect the Services or Collective Content;
• forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Collective Content to send altered, deceptive or false source-identifying information;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Collective Content; or
• Advocate, encourage, or assist any third party in doing any of the foregoing.
Touriar will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Touriar may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. In particular, in the case of any solicitation, you acknowledge that Touriar has no obligation (but we will) to monitor your access to or use of the Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Touriar reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Touriar, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Services, you hereby grant to Touriar a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, though, or by means of the Services. Touriar does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to Touriar the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Touriar's use of the Member Content (or any portion thereof) on, through or by means of the Services 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 must not store illegal content on the Site and we will monitor our site regularly for such illegal content. Please be aware that if you upload illegal content you could be subject to a fine of up to €25,000.