TourRadar Operator Standards and Guidelines

Last Updated: 26.02.2020

For ease of reference the current version is attached as follows and may be updated by TourRadar in its sole discretion from time to time. The Operator Standards and Guidelines are deemed to be accepted by Operator with the confirmation of every Booking.
In the interest of both TourRadar and Operator and to ensure that the highest possible standard of customer service is provided on www.tourradar.com, the Operator agrees to use its best efforts to adhere to the following Operator Standards and Guidelines. Capitalized terms shall have the meaning given to it in Section C of the Cooperation Agreement between TourRadar and Operator: 

Tour Information

  • The Operator shall provide accurate and up to date Tour Information to TourRadar by one of the technical means implemented by TourRadar on the Platform specifically for this purpose from time to time, currently  the Dashboard or the Feed.
  • If Operator uses a Feed to provide Tour Information, TourRadar shall pull automatic daily updates from the Feed to ensure the information presented on the Platform is up-to-date. TourRadar may add additional Feed providers.
  • TourRadar will display the Tour Information as made available by Operator on the Customer facing front end of the Platform.

 
Response to Customer Inquiries

  • The Operator will closely cooperate with TourRadar regarding the handling of any Customer complaints on the Platform relating to any Tours and other services offered by Operator in a professional and supportive manner.
  • The Operator shall be available to TourRadar’s Customer Support Team within a maximum of 1 (one) business day, either by telephone or email to enable status updates on pending Booking requests.
  • The Operator acknowledges and agrees that failure to respond to Customer inquiries and Booking requests within a maximum of 48 hours will result in an automated cancellation of such Bookings and the customer’s payment/s, if any, will be refunded. 
  • The Operator is obliged to provide TourRadar with a list of any promotions, early birds and offers that are being marketed by the Operator with a minimum of two weeks prior notice. 
  • The Operator is exclusively required to use the BCP to communicate with Customers.


Bookings 

  • The Operator must bindingly confirm Booking requests, before TourRadar will confirm Booking requests and collect Customer payments in the name and on behalf of Operator.
  • Any documents relating to the travel agreement between Operator and Customer (travel agreement, vouchers, confirmations, folders etc.) shall be provided to the Customer by Operator exclusively via E-Mail or the BCP and only after full payment has been made via BCP. 

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Cancellations and Customer Complaints

  • TourRadar shall without undue delay inform the Operator about cancellations, amendments, Bookings and/or complaints received by Customers in relation to services offered by Operator on the Platform.


Operator Generated Content

  • TourRadar may, in its sole discretion, permit Operator to post, upload, publish, submit, transmit or make otherwise available Operator Generated Content (OGC). By doing so, Operator agrees that TourRadar may use the OGC on its Platform, online/offline promotional materials and other publications. Operator hereby grants to TourRadar 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 the OGC on, through, or by means of the Platform. TourRadar does not claim any ownership rights in the OGC and nothing in this Agreement will be deemed to restrict any rights that Operator may have to use and exploit OGC.
  • The Operator may not provide any Operator Generated Content, that

    • is threatening, coercing, defamatory (e.g. mobbing), offensive, nudging and/or pornographic of any kind or of a similar nature; or
    • is racist, race baiting, anti constitutional and/or prosecutable/illegal of any kind or of a similar nature; or
    • violates applicable laws; or
    • infringes rights of third parties, e.g. copyrights and trademark law.

  • TourRadar shall not be obliged to control OGC. In the event TourRadar becomes aware that OGC (or parts thereof) violates any third-party-rights or otherwise is considered to be offensive, illegal or inappropriate, TourRadar reserves the right to remove OGC at any time without further notice from the Platform. 
  • Operator acknowledges and agrees that Operator is solely responsible for all OGC and accordingly, Operator represents and warrants that:

    • Operator is either the sole and exclusive owner of all rights in and to the OGC or Operator has all rights, licenses, consents and releases that are necessary to grant to TourRadar the rights as contemplated under this Agreement; and
    • neither the OGC nor making available OGC to the Platform, nor TourRadar's use of the OGC (or any portion thereof) in accordance with the terms set out herein 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 or breach any agreements Operator has entered into with any third parties. 

  • Operator warrants that the Content shall not contain any viruses, Trojan horses or infected files. Operator must not make available illegal content on the Platform and TourRadar does not assume any responsibilities in this regard. 
  • Operator represents and warrants that OGC is in compliance with all applicable laws, tax requirements and rules and regulations that may apply to any service rendered by Operator, including, but not limited to, tourism, tour guide licensing laws, and other laws governing events and tours of public spaces and other venues. TourRadar assumes no responsibility for an Operator's compliance with any applicable laws, rules and regulations. 


Marketing

  • TourRadar shall be entitled to use the Operator’s name and Tours for online marketing campaigns run on the Platform, email marketing and/or pay-per-click (PPC) advertising at its own costs and discretion.
  • The Operator is aware of the working methods of search engines, such as spidering of content and ranking of URLs. TourRadar agrees that if the Operator becomes aware of behaviour by third party platforms that breaches the Operators Intellectual Property Rights, then the Operator will notify TourRadar in writing with details of the conduct and TourRadar will use its commercially reasonable endeavours to ensure that the relevant third party takes steps to remedy the breach.
  • The Operator is aware of the working methods of search engines, such as spidering of content and ranking of URLs. TourRadar agrees that if the Operator becomes aware of behaviour by third party platforms that breaches the Operators Intellectual Property Rights, then the Operator will notify TourRadar in writing with details of the conduct and TourRadar will use its commercially reasonable endeavours to ensure that the relevant third party takes steps to remedy the breach.
  • The Operator agrees not to use, display, benefit from, include, utilize, refer to or specifically target the TourRadar brand/logo (including trade name, trademark, service mark or other similar indicia of identity or source) whether directly through keyword purchases that use TourRadar’s Intellectual Property Rights, for price comparison purposes or any other purposes (whether on the Operator platform or any third party platform, system or engine or otherwise), unless approved in writing by TourRadar.
  • The Operator is encouraged to provide at least 2 Tours annually as giveaway prizes for campaigns put together by TourRadar. Such marketing activities will be agreed upon by both Parties in due time before the campaign and the Operator will be credited as a sponsor on the promotional materials related to the campaign.  
  • TourRadar may run sales promotions by offering exclusive online savings for customers booking Tours through the Platform. Any such sales promotions will not have an effect on the Net Tour Price.

 
Sanctions and Restricted Persons 

  • TourRadar is committed to comply with sanctions imposed by the US Office of Foreign Assets Control (OFAC), the United Nations Act, the Regulations Establishing a List of Entities  under the Criminal Code of Canada, the Special Economic Measures Act, Freezing Assets of Corrupt Foreign Officials Act, Proceeds of Crime (Money Laundering) and Terrorist Financing Act , Justice for Victims of Corrupt Foreign Officials Act and other rules and regulations which impose restrictions on travel companies, as applicable from time to time (jointly referred to as “Sanctions”). 
  • Operator warrants and represents that it and its representatives are not and will not market or complete any bookings with any entity incorporated in or resident in a country subject to economic or trade sanctions by the EU, Canada, or by the U.S. State Department or U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) or other competent bodies and authorities, if this would represent a violation of applicable Sanctions, or who are listed as a “Specially Designated National,” a “Specially Designated Global Terrorist,” a “Blocked Person,” or similar designation under the OFAC or other sanctions regime (“Restricted Person”). If Operator or its representatives become a Restricted Person, then Operator undertakes to notify TourRadar immediately. 
  • TourRadar reserves the right to cancel any booking made that is contrary to EU, UN, OFAC and other policies and/or applicable sanctions and TourRadar will not directly or indirectly use any funds, or lend, contribute or otherwise make available funds to any person or entity, for the purpose of financing the activities of any company, country and/or persons currently subject to any sanctions as administered by competent bodies.