DESCRIPTION OF TOURPEER SERVICE: TourPeer is an online marketplace platform that connects local tour guides, artists, adventurers and travel experts (“Tour Providers”) with travelers (“Travelers”) looking for unique tours and experiences. Through our Services, Tour Providers may create and post tour listings (“Listings”) that provide information about the Provider’s knowledge and experience, and may make themselves available to offer certain services to Travelers at a particular destination. Travelers may select local tours and experiences offered by these local Tour Providers by making a booking at our platform. The actual tour experiences are thereafter offered by our Tour Providers, and not by TourPeer itself.
NATURE OF TOURPEER SERVICES: TourPeer makes available a platform for Travelers and Tour Providers to meet online and arrange for Local Experiences. TourPeer is not an operator of tours, activities or Experiences, nor is it a provider of tours or activities, and TourPeer does not own, sell, resell, furnish, provide, manage and/or control any transportation or tour services. TourPeer’s responsibilities are limited to: (i) facilitating the availability of the Services; (ii) serving as the limited agent of each Tour Provider for the purpose of accepting payments from Travelers on behalf of the Provider;
YOU UNDERSTAND AND AGREE THAT TOURPEER IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN TOUR PROVIDERS AND TRAVELERS, NOR IS TOURPEER AN AGENT OR INSURER. THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE CONNECTIONS BETWEEN TOUR PROVIDERS AND TRAVELERS. TOURPEER CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS OR PROFILES AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY EXPERIENCES. TOURPEER HAS NO CONTROL OVER THE CONDUCT OF TOUR PROVIDERS, TRAVELERS AND OTHER USERS OF THE SERVICES OR ANY EXPERIENCES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD. ACCORDINGLY, THE PLANNING OR PARTAKING OF ANY EXPERIENCES ARE AT THE TOUR PROVIDER’S AND/OR TRAVELER’S OWN RISK.
LICENSE. If you are 18 or older, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access TourPeer in compliance with the TOU; unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or “frame” content from TourPeer, excluding content you create and sharing with friends/family. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from content you post.
USE. You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with TourPeer, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email. You agree not to collect users’ personal and/or contact information (“PI”).
MODERATION. You agree we may moderate TourPeer access and use in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not. All site rules, for e.g. https://www.tourpeer.com/prohibited-at-tourpeer/, are incorporated herein.
DISCLAIMER. MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.
To the extent permitted by law, (1) we make no promise as to TourPeer, its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) your access and use are at your own risk, and TourPeer is provided “AS IS” and “AS AVAILABLE”; (3) we are not liable for any harm resulting from (a) user content; (b) user conduct, e.g. illegal conduct; (c) your TourPeer use; or (d) our representations; (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES (“TOURPEER ENTITIES”), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) TOURPEER ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); (6) IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100 OR WHAT YOU PAID US IN THE PAST YEAR.
CANCELLATIONS AND REFUNDS: These terms and conditions govern the TourPeer Refund Policy (the “Refund Policy”) available to Travelers who book and pay for an Experience listed by a Tour Provider through the TourPeer platform, and suffer a Travel Issue and the obligations of the Tour Provider associated with the Refund Policy.
TRAVEL ISSUE:A “Travel Issue” means any one of the following:
– The Tour Provider of the Experience (i) cancels a reservation within 24 hours before the scheduled start of the reservation, (ii) fails to arrive for the Experience within 15 minutes of the scheduled start time, or (iii) fails to provide the Traveler with the reasonable ability to access the Experience (e.g., by allowing the Traveler access to the space in which the Experience will happen or begin if applicable).
– The description of the Experience in the listing on our website is materially inaccurate with respect to (i) the duration of the Experience, (ii) the content of the Experience (including but not limited to the stated activities or sites, as applicable), or (iii) the physical location of the Experience. c) During the Traveler’s Experience, conditions do not meet safety or health hazards that would be reasonably expected, given the nature of the particular Experience, in our judgment.
THE REFUND POLICY: If you are a Traveler and suffer a Travel Issue, we agree, at our discretion, to either (i) reimburse you up to the amount paid by you through the Site, as determined by TourPeer in our discretion, depending on the nature of the Travel Issue suffered or (ii) use our reasonable efforts to find and book you another Experience which in our determination is reasonably comparable to the Experience described in your original reservation in terms of content and quality. For clarity, in the event the alternative Experience is of a higher price than the former, you may be responsible for any difference in price. In the event the alternative Experience is of a lower price, you may be entitled to a partial refund for the difference. All determinations of TourPeer with respect to the Refund Policy, including without limitation the size of any refund, shall be final and binding on the Travelers and Tour Providers.
CONDITIONS TO RAISE A CLAIM FOR TRAVEL ISSUE: Only a Traveler may submit a claim for a Travel Issue. If you are a Traveler, in order to submit a valid claim for a Travel Issue and receive the benefits with respect to your reservation, you are required to meet each of the following conditions:
– You must report the Travel Issue to TourPeer in writing at firstname.lastname@example.org and provide us with information (including evidence) about the Experience and the circumstances of the Travel Issue within 24 hours after the start of your reservation, and must respond to any requests by us for additional information or cooperation on the Travel Issue;
– You must not have directly or indirectly caused the Travel Issue (through your action, omission or negligence); and
– You must have used reasonable efforts to try to remedy the circumstances of the Travel Issue with the Tour Provider prior to making a claim for a Travel Issue (and you must provide evidence of having done so).
QUALITY STANDARDS, RESPONSIBILITIES AND REIMBURSEMENT TO TRAVELERS: If you are a Tour Provider, you are responsible for ensuring that the Experiences you list on our website meet minimum quality standards regarding adequacy of the description on the Site, safety, health, and do not present a Traveler with Travel Issues. Throughout the Experience, Tour Providers should be available in order to try, in good faith, to resolve Traveler issues.
If you are a Tour Provider, and if (i) TourPeer determines that a Traveler has suffered a Travel Issue related to an Experience listed by you and (ii) TourPeer either reimburses that Traveler any amount up to the amount paid by the Traveler through the Site for the Experience or provides an alternative Experience to the Traveler, you agree to reimburse TourPeer up to the amount paid by TourPeer within 30 days of TourPeer’s request. Alternatively, for transactions booked using PayPal, TourPeer would get in touch with you (The Tour Provider) and request you to initiate a refund to the Traveler by logging into your PayPal dashboard. In such a case, you agree to co-operate with TourPeer and help initiate a refund to the Traveler, as requested and agreed upon. All determinations of TourPeer with respect to the Traveler Refund Policy, including without limitation the size of any refund to the Traveler, shall be final and binding on the Travelers and Tour Providers.
The rights of the Travelers under the TourPeer Refund Policy supersede the cancellation policy that otherwise applies to a particular Experience. If you dispute the Travel Issue, you may notify us in writing at email@example.com and provide us with information (including evidence) disputing the claims regarding the Travel Issue, provided you must have used reasonable and good faith efforts to try to remedy the Travel Issue with the Traveler prior to disputing the Travel Issue claim (and you must provide evidence of having done so). You agree that all determinations of TourPeer with respect to the Travel Issue shall be final and binding on the Travelers and Tour Providers regardless of your submission of a dispute against such Travel Issue. In the event of one or more Travel Issues, TourPeer, in its discretion, may elect to take additional actions. These actions include, but are not limited to, negatively affecting your listing ranking, automated reviews or notifications indicating Travel Issues, canceling future bookings, suspending or removing the listing of the Experience or imposing penalties or fees for the administrative burden associated with the Travel Issues.
TRAVELER CANCELS: If an Experience is canceled by Traveler before 24 hours from the start date and time of the Experience, TourPeer will endeavor to refund Traveler the fees paid for any Itinerary items that have not yet been booked, minus the Service Fee. Fees for Itinerary items that have already been booked are non-refundable. Due to the varying nature of different experiences, we highly suggest Travelers to review the individual Tour Provider’s Cancelation Policy (If mentioned) at the bottom of every Tour listing on our website. This cancelation policy may supersede the TourPeer General Cancelation Policy in certain cases and hence should be given priority consideration at the time of making a booking.
TOUR PROVIDER CANCELS: Whenever possible TourPeer will connect Traveler to an alternate Provider who can fulfill request. If not, TourPeer will refund the Total Fees for such booking to the applicable Traveler within a commercially reasonable time of the cancellation. Due to the varying nature of different experiences, we highly suggest Travelers to review the individual Tour Provider’s Cancelation Policy (If mentioned) at the bottom of every Tour listing on our website. This cancelation policy may supersede the TourPeer General Cancelation Policy in certain cases and hence should be given priority consideration at the time of making a booking.
OUTSIDE FACTORS AFFECTING CANCELATION POLICY: Certain Experiences may depend on factors outside either party’s control, such as weather (“Outside Factors”). The Tour Provider has the discretion as to whether Outside Factors will prevent the Experience from taking place. As a Tour Provider, if you need to cancel an Experience due to Outside Factors, you must contact the Traveler and TourPeer (at firstname.lastname@example.org) as early as possible. Subject to the Traveler’s consent, the Tour Provider and the Traveler may choose to reschedule the Experience for another date. If the Experience cannot be rescheduled, the Traveler should contact TourPeer so we may assist in finding a replacement Experience. For clarity, in the event the alternative Experience is of a higher price than the former, you may be responsible for any difference in price. In the event the alternative Experience is of a lower price, you may be entitled to a partial refund for the difference. As a Traveler, if you have contacted TourPeer as provided above and TourPeer is unable to find you a replacement Experience, TourPeer may refund the Total Fees for such booking to the applicable Traveler within a commercially reasonable time of the cancellation.
TAXES: You understand and agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. TourPeer cannot and does not offer tax-related advice to any users of the Services. Additionally, please note that each Tour Provider is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes within Itineraries.
CLAIMS. You agree (1) any claim, cause of action or dispute (“Claim”) arising out of or related to the TOU or your TourPeer use is governed by California (“CA”) law regardless of your location or any conflict or choice of law principle; (2) Claims must be resolved exclusively by state or federal court in San Francisco, CA (except we may seek injunctive remedy anywhere); (3) to submit to personal jurisdiction of said courts; (4) any Claim must be filed by 1 year after it arose or be forever barred; (5) not to bring or take part in a class action against TourPeer Entities; (6) (except government agencies) to indemnify TourPeer Entities for any damage, loss, and expense (e.g. legal fees) arising from claims related to your TourPeer use; (7) you are liable for TOU breaches by affiliates (e.g. marketers) paid by you, directly or indirectly (e.g. through an affiliate network); and (8) to pay us for breaching or inducing others to breach the “USE” section, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate): $0.10 per server request, $1 per post, email, flag, or account created, $1 per item of PI collected, and $1000 per software distribution, capped at $25,000 per day.
MISC. Users complying with prior written licenses may access TourPeer thereby until authorization is terminated. Otherwise, this is the exclusive and entire agreement between us. If a TOU term is unenforceable, other terms are unaffected. If TOU translations conflict with the English version, English controls. See https://www.tourpeer.com/app/privacy-policy for how we collect, use and share data.
All user profiles, travel listings and any other content being created by users on our platform will be subjected to the guidelines and rules laid out on the following webpage: https://www.tourpeer.com/guidelines-for-listings-and-user-profiles/.
Since we use PayPal to capture payments from our customers and pay to our tour providers, users of our website are also governed by PayPal’s Acceptable Use Policy (AUP) listed at https://www.paypal.com/ie/webapps/mpp/ua/acceptableuse-full.
Similarly, in certain countries, we also offer our partners the ability to receive payments directly in their Bank Accounts by using an Integration we have developed with Stripe. Hence, the user’s of our website are also governed by the terms and privacy rules defined by Stripe. These rules can be accessed at https://stripe.com/us/privacy.