Terms and Conditions
Each time you use or cause access to this platform (web site, apps and other digital services), you agree to be bound by these Terms of Use, and as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this platform, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms of Use. Please see our privacy policy, which is incorporated into these Terms of Use by reference.
Our platform and services provided to you on and through our platform on an "AS IS" basis. You agree that the owners of this platform exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this platform and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information. We reserve the right to add, delete, or modify any provision of this Policy at any time without notice and the right to refuse, cancel, or suspend service at our sole discretion.
The TourRadar Deals allows Tour Operators to advertise their specific unsold seats. TourRadar does not provide advice or assistance to travellers as we are an online marketplace that enables Operators to advertise their Deals directly to travellers. TourRadar require Operators to process the transaction using their preferred booking/reservation system after being notifed of a Deal enquiry. If bonding is a concern, we suggest that you contact the Tour Operator you are dealing and ask if they have lodged bonds with the appropriate regulatory authorities. TourRadar is not involved with the bonding associations and provides no guarantees in relation to bonding. If in doubt, you should speak directly with the Operator BEFORE reserving a Deal about any questions or concerns you have.
TourRadar.com is not responsible for the restoration of data to server. We strongly recommend that you keep copies of your data off-site for emergency purposes. If hardware failure and data loss occurs, you the client are responsible for data restoration. TourRadar.com SHALL NOT be liable for loss of data under any circumstance.
Operators, Publishers, DMOs and Travel Agents
In order to modify details about your business on this platform, you must create an Account, agree to provide truthful information when requested, and be the owner/employee of the business. When registering, you explicitly agree to our terms of use and may be modified by us from time to time and available here. You also explicity agree that our pricing may be modified by us from time to time where costs are available from within your Dashboard.
Publishers (Affiliates), Travel Agents, DMOs and other 3rd parties agree that they will not and must not contact Tour Operators featured in our marketplace or Travellers using our marketplace, to offer them your services (personal or business) unless you have the written permission of TourRadar.
Travellers
Travellers do not need to register to use this site. However when you write reviews; meet other travellers; or enter contests you must sign in with your Facebook Profile and if you submit a booking enquiry you will need to provide your email address, agree to provide truthful information when requested, and be at least the age of eighteen (18) or older. We may use your email address to contact you so please see section 18. Travellers do not need to register to enquire about a Deal. TourRadar has no involvement once a Deal enquiry has been made as the Tour Operator and Purchaser have direct contact with each other. You explicitly agree to our terms of use and as may be modified by us from time to time and available here.
All Users
TourRadar reserves the right to terminate or suspend any account without explanation or notification.
Registration data and other personally identifiable information that we may collect is subject to the terms of our privacy.
You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("Content"), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our platform may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this platform nor for any error or omission.
Although the administrators and moderators of TourRadar.com will attempt to keep all objectionable messages/photos off this site, it is impossible for us to review everything. All details express the views of the author, and the owners of TourRadar.com will not be held responsible for this content.
You explicitly agree, in using this platform or any service provided, that you shall not:
(a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortuous, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this platform or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
(b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this platform and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
(e) provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets;
(f) subscribers to our service agrees to indemnify and hold harmless TourRadar.com from any claims resulting from the use of the service that damages the subscriber or any other party.
(g) Publishers agree that they will not engage in fraudulent or deceptive practices like clicking on tour listings using bots or by incentivising/paying people etc. TourRadar monitors traffic for click fraud and reserves the right to remove any or all clicks believed to be fraudulent or deceptive without explanation or notification. TourRadar reserves the right to terminate a Publisher's account they believe to be engaging in fraudulent and deceptive practices without explanation or notification. You also agree that if you wish to promote a tour on your Facebook Page that you will NOT link directly to the tour. Instead you will use the 'Publish' button which is located below each image in your Tour Search Facebook App. You must also not post links directly to the tour on your website or blog. If this does happen, TourRadar will delete all clicks recorded from such actions.
(h) Tour Operators agree that should they cease their licence to use TourRadar's solutions, that the Tour Review content captured using TourRadar will still be available for use by the Tour Operator subject to certain limitations and conditions. TourRadar's XML file must NOT be accessed. The reviewers Facebook ID or Profile image must NOT be used or displayed anywhere. Whenever the tour review content is displayed the following attribution MUST be properly and clearly provided to TourRadar on every page where this content appears: "These tour reviews were written on TourRadar.com" where 'tour reviews' must be a link to 'www.TourRadar.com'.
By providing any Content to our platform
(a) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section 7; TourRadar.com will not be held financially or legally responsible for any claims made by the rightful owner.
(c) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.
What may NOT be hosted on our network:
* Child pornography
* Copyrighted media, includes but not limited to: Video, Music, TV, Radio
* Anything that may harm us, the server, or anyone else (mentally, physically)
Goods and services of third parties may be advertised and/or made available on or through this platform. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties. It is up to travellers to make their own decisions regarding the experiences provided by this website and the neither shall the owners of this website nor the rater be held liable for any comments or experiences provided.
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney's fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this platform or service, your provision of Content, your violation of this terms of use or any other violation of the rights of another person or party.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.
Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our platform, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our platform or service without our prior written consent.
If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted.
You agree that this terms of use and any dispute arising out of your use of this platform or our products or services shall be governed by and construed in accordance with Austrian law, without regard to its conflict of law provisions. By registering or using this platform and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this platform is located.
Travellers: You agree that this website, in their sole discretion, may award rewards and prizes to travellers and businesses as they see fit and we will do not need to justify the methodology behind our decisions. The prizes and rewards supplied are not redeemable for cash and this website reserves the right to cancel and withdraw any such rewards and prizes at its sole discretion without any justification required.
Tour Operators: Our Contest App Promotions are subject to these conditions:
a. To access the current pool of 24,387 contest entrants you must agree to allow TourRadar to notify your past and future entrants about new Contests within TourRadar's network.
b. This does not mean TourRadar will provide the email addresses, names, etc of your entrants to other companies, we use Facebook's 1:1 Notification API to notify past entrants about new contests that have been started. The entrants have the right to unsubscribe from these Facebook notifications and have the choice to participate in any future Contests run by yourself or other companies in TourRadar's network.
c. It is not possible to target specific entrants from other companies in TourRadar's network.
d. If you don't agree with the above terms your Contest entrants will not be added to the pool and you can continue to run contests via your own Facebook Page, driving new entrants from your own marketing and advertising channels.
TourRadar.com performs regular backups on all servers to ensure critical files are never lost. However TourRadar is NOT responsible for lost data, time, income or any other resource due to faulty backups or non-existent backups. Please always backup your own data for Redundancy.
Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
By registering and/or providing your email address, you understand that you will receive regular email updates about the platform, travel and other community related matters. Each email you receive shall contain a mandatory opt out at the base of each email to allow you to unsubscribe if you so choose.
a. TourRadar facilitates the processing and booking of tours of Tour Operators. We do not provide, own or run any tours ourselves.
b. You may cancel your booking, subject to the tour operator's booking terms and conditions. Please do so directly with the tour operator.
c. All deposits are NON REFUNDABLE.
d. TourRadar makes ever effort to ensure the tour operator processes your bookings correctly.
e. Your contract is with the tour operator, not TourRadar. It is the tour operator's responsibility to provide you with the tour.
f. In the highly unlikely event of a problem arising, our liability to you, if any, is limited to the deposit you paid.
g. TourRadar has no responsibility for the ratings and reviews on our website, as they are the opinions of other people, not TourRadar.
NO LIABILITY
You should note that TourRadar does not warrant that the information published on this website will be error free and in using this website you acknowledge that the tour details and all other information including information relating to tours published on this website may include inaccuracies, mistranslations or typographical errors. All bookings for tours on this website are made with the tour operator concerned and not with TourRadar. TourRadar only facilitates the making of reservations with the tour operator. TourRadar is not a party to the contract between you and the tour operator and has no responsibility or liability to you in respect of the terms of that contract whether directly or indirectly. Prior to making a booking, you should ensure that you have reviewed the tour operator's terms and conditions and that they are acceptable to you. Neither TourRadar nor any of its directors, employees, affiliates will be liable for loss or damages arising out of or in connection with your use of any information products, services and/or materials offered through this website, including but limited to, loss of income, profit or opportunity, loss of or damage to property and claims of third parties, or any indirect or consequential loss or damages, even if TourRadar has been advised of the possibility of such loss or damage, or such loss or damages were reasonably foreseeable. While TourRadar makes all reasonable efforts to ensure that the tours listed are of reasonable standard the listing of any tours in the website is not and should not be taken as a recommendation from TourRadar or a representation that the tour will be suitable for the user's purpose. TourRadar shall in no way be liable to you in the event that the tour is not suitable for your purpose.
AS A CONDITION OF YOUR USE OF THIS WEBSITE
(a) You hereby confirm and undertake to TourRadar that you are not a national of Cuba (a "Restricted National") and acknowledge that use of the website by or on behalf of a Restricted National is prohibited; and (b) You hereby confirm and undertake to (TourRadar) that if you are a national of Iran, Syria, Sudan, Myanmar (Burma) or North Korea ("Other Restricted Territory") that your credit card is not issued through an "Other Restricted Territory" nor is your booking made while you are present in an "Other Restricted Territory" (c) You undertake to TourRadar that you will not use this website for any purpose that is unlawful or prohibited by these Terms.
AGE AND RESPONSIBILITY
You confirm that you are of sufficient legal age to use this website and to create binding legal obligations for any liability you may incur as a result of the use of this website. You understand that you are financially responsible for all uses of this website by you and those using your log-in information.
LINKS TO THIRD PARTY SITES
This website may contain links to websites operated by parties other than TourRadar. Such links are provided for your reference only. TourRadar does not control such websites and is not responsible for their contents. The inclusion of links on this website to such other websites does not imply any endorsement of the material on such websites or any association with their operators.
BOOKING CONDITIONS
The following conditions apply to bookings of tours made by you through this website.
(a) On making a reservation, you shall pay a non-refundable deposit (being a fixed percentage -- usually 10% -- of the total value of your reservation). You will be responsible to the tour operator for payment of the balance of the cost of the tour booked by you together with the payment of charges for any additional services subsequently contracted for with the tour operator and, where applicable, payment of the tour operator's service charges and taxes pursuant to the terms and conditions of trade applied by such tour operator. You must use a credit card or debit card to guarantee a reservation. Any amendments to your reservation must be notified to and agreed with the tour operator directly. In making a reservation, it shall be your responsibility to disclose to the tour operator any physical or mental condition to which you or a member of your party is subject to and of which the tour operator should be notified and which may require special facilities.
(b) When a reservation is confirmed TourRadar will issue the booking confirmation on behalf of the tour operator for each reservation, but does not undertake to include charges for additional services or details of the service charge or taxes charged by the tour operator. TourRadar strongly recommends you check and confirm with the tour operator the precise terms and conditions upon which the tour operator makes the reserved service available to you upon receipt of the booking confirmation. The reservation numbers included on the booking confirmation should be quoted in all enquiries, cancellation or modification of the reservation with the tour operator.
(c) Cancellations: TourRadar does not accept responsibility for cancellations by you or by the tour operator regardless of the circumstances in which the cancellation is made. TourRadar shall not accept any liability for losses, additional expenses or any claim whatsoever due to changes in tour, sickness, weather, strikes or any other cause. All such losses, additional expenses or claims will be borne by you unless otherwise agreed between you and the tour operator. The only situation where a refund of the deposit will be made is if the tour operator does not proceed with the tour.
NO LIABILITY IN CREDIT CARD OR DEBIT CARD TRANSACTIONS
TourRadar makes all reasonable efforts to ensure that all credit card and debit card transactions are secure. HOWEVER, if unauthorised charges appear on your credit card or debit card statement for any card used on this website at any time during or after you make your reservation, conduct your transaction or disclose your card details on this website, TourRadar shall not be liable or responsible in any way in respect of any damage or loss of whatsoever nature suffered by you arising from or in any way connected with said use, transaction or disclosure, subject only to any statutory rights which you may have.
(i) In the event that this terms of use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this terms of use will remain valid and intact; (ii) The failure of either party to assert any right under this terms of use shall not be considered a waiver of any that party's right and that right will remain in full force and effect; (iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of this platform or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (iv) We may assign our rights and obligations under this terms of use and we shall be relieved of any further obligation. We reserve the right to change these terms at any time without notification.