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TourRadar Terms and Conditions

for Travellers and Members
Last Updated: September 1st, 2021

 

Introduction and Scope of Services

TourRadar GmbH and its subsidiaries (collectively, "TourRadar") provide one or more online platforms (the “Platforms”) with technology for Travellers, Members and Operators to meet online, enter contests, write reviews, search, compare and book travel tours, cruises and other types of activities ("Tours"). Tours are booked directly from the respective independent tour operator offering the Tour (each an “Operator”). The “Travellers” are travellers interested in booking a Tour. The “Members” are persons who completed TourRadar's account registration process. Travellers and Members are jointly referred to as “you”.

The “Services” comprise the availability of listings for Tours which may be accessed by you through the Platforms and which listings are independently created by Operators in their own discretion and responsibility (each a “Listing”) as well as Content (as defined below) which are accessible at www.tourradar.com, including its subpages (collectively, the "Site") and any related applications (the "Application").

TourRadar is solely acting as a commercial agent for the Operators. TourRadar is not an operator of Tours, nor is it a provider of Tours, nor a proxy of any operatOR, nor an insurer. TourRadar does not own, sell, resell, furnish, provide, manage or control any transportation, tour or travel services and does not act as an agent to the Travellers. TourRadar's responsibilities are limited to exclusively facilitating the availability of the Services and serving as the commercial agent of each Operator.

TourRadar has no control over the conduct of Operators, Travellers, MEMBERS and other users of the Services. TOURRADAR CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY TOURS. TOURRADAR IS NEITHER RESPONSIBLE NOR LIABLE FOR TO ANY LISTINGS AND TOURS. BOOKINGS WITH THE OPERATORS ARE MADE AT THE TRAVELLER'S OWN RISK.


Applicability

These terms and conditions ("Terms"), as amended from time to time, apply to all TourRadar Services and govern the rights and obligations arising out of the Traveler’s use of the Platform. 
 

  • For Travelers with a place of residence or business in Canada, the license agreement with TourRadar is subject to these Terms of Use for Canadian Users. 
  • For Travelers with a place of residence or business in the European Economic Area (“EEA”) or the United Kingdom, the use of the Platform is subject to the European Terms of Use.
  • For Travelers with a place of residence or business in Australia, the use of the Platform is subject to the Australian Terms of Use.
  • For Travelers with a place of residence or business in all other jurisdictions, the license agreement with TourRadar is subject to the US Terms of Use.

 
By accessing, browsing or using the Site, Application and Services through the Platforms, you agree to comply with and be legally bound by these terms irrespective of whether or not you registered as a Member and irrespective of the manner used or way of access. These Terms govern your access to and use of the Site, Application and Services and all Content (as defined below) vis-à-vis TourRadar and, where applicable, the Operators. Please carefully read these Terms and also the Privacy Policy and the Legal Notice, each of which is incorporated by reference into these Terms. If you do not fully agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application and Services. If you act on behalf of a company or other legal entity, you represent and warrant to TourRadar that you have the authority to act on behalf and to bind that company or other legal entity to these Terms.


Eligibility

The Services are intended solely for persons who are aged 18 years or older. Any access to or use of the Services by anyone under 18 years is expressly prohibited. By accessing or using the Services you represent and warrant to TourRadar that you are 18 years or older.


Privacy

TourRadar's Privacy Policy apply to you. Please see them for information and notices concerning TourRadar's collection and use of your personal information. You expressly consent to the disclosure and use of your personal information by TourRadar to the extent permitted in TourRadar’s Privacy Policy. 


Bookings and Payments

Bookings by Travellers with Operators


The respective Operator only, and not TourRadar, is solely responsible to the respective Traveller for honouring any confirmed bookings and making available any Tours reserved through the Services. The Operator, and not TourRadar, is also responsible to provide all information legally required to the Traveller. If you, as a Traveller, choose to enter into a transaction with an Operator for the booking of a Tour, you agree and understand that you will be required to enter into an agreement (including releases) with the Operator only and you agree to accept any terms, conditions, rules and restrictions associated with such Tour requested by the Operator.  You acknowledge and agree that the obligation to provide you with all necessary information is the responsibility of the Operator only. You acknowledge and agree that TourRadar is not a party to the agreement but only acts as the commercial agent to the Operator to the extent of making the Platforms and Services available to you and TourRadar accepts no liability arising from or related to any of your agreements with the Operator unless TourRadar is legally bound under applicable law notwithstanding these Terms.
The Operators are requested to either confirm or reject a booking within the specified timeframe (which is generally within 24 to 48 hours of when the booking is requested, as determined by TourRadar in its sole discretion) or the requested booking will be automatically cancelled.
Once your confirmed booking transaction is complete (including payment) you will receive a confirmation email from TourRadar summarizing your confirmed booking.

Payments by Traveller

You agree to pay for the “Total Cost” (including the price of the tour and, where applicable, taxes, levies and duties) for any booking requested, in accordance with the pricing terms set forth in the applicable booking page, if such requested bookings are confirmed by the applicable Operator. The availability and price of a Tour can change any time until you have received a booking confirmation.
In case only the deposit is payable at the time of booking or booking confirmation, the balance of payment (i.e., the Total Cost minus the deposit) is due and will be payable as stated in the Operator’s terms according to the booking page. If you fail to pay the remaining cost as stipulated, your deposit will be forfeited without recourse. 
TourRadar in its own discretion collects (through third-party payment processors) the Total Cost (as one payment or deposit plus balance payments) for and on behalf of the Operator as commercial agent for such Operator. You hereby authorize the collection of such amounts by charging the credit/debit card provided as part of requesting the booking, or by one of the other payment methods as described on the Site or Application.


Traveller Cancellations and Refund

If:

  • the applicable Operator does not confirm the requested booking, or,
  • as a Traveller, you cancel your requested booking before the requested booking is confirmed by an Operator,


any amounts collected by TourRadar or its third-party payment processor will be refunded to the Traveller within a commercially reasonable time, depending on the selections the Traveller made via the Site and Application, and any pre-authorization of such Traveller's credit/debit card will be released.

Once your booking is confirmed by the applicable Operator, the Total Cost of your Tour is subject to the cancellation and payment terms of the Operator. Please carefully read the terms and conditions of the Operator as it pertains to the applicable Tour and important information in the Listing, the booking page and your reservation confirmation for policies as applied by the Operator. A cancellation must be done via your booking conversation page, and, in accordance with the rules and procedures of the Operator.

If you are advised that your booking is on an 'on request' basis (which is typically the case for tours booked shortly prior to departure), the Total Cost of your Tour is subject to the cancellation and payment terms of the Operator from the moment when you have submitted the booking request. When a tour is 'on request' the Operator needs several business days to ensure that all of the components of the tour package can be confirmed for you. This process may not be interrupted by a request to cancel. As a result, if the request comes back approved you will be charged for the full amount, and if, as a Traveller, you cancel such a booking, this does not entitle you to any refund. If the Operator cannot confirm your request, you will receive a full refund.

Operator Cancellations and Refunds
If an Operator cancels a confirmed booking made via the Services, a refund of the paid amount for such booking will be made to the applicable Traveller within a commercially reasonable time of the cancellation by the Operator and the Traveller may receive an email or other communication from TourRadar containing non-binding suggestions for alternative Listings and other related information. If an Operator cancelled a confirmed booking and you, as a Traveller, have not received an email or other communication from TourRadar, please contact TourRadar at info@tourradar.com.


TourRadar Rewards Programs

Referral Program
TourRadar's Referral Program allows you as a traveler to invite friends who currently do not have a TourRadar account and who have never booked with TourRadar before (‘Friends”). Friends will earn discounts and/or travel credits if they make a qualified booking: Friends will receive a discount of ($50/£50/€50/₹4000 - depending on your country) off their first booking in case they book directly with TourRadar using your unique invite link or invite code.
The following restrictions apply:

  • Members of TourRadar’s affiliate program may not simultaneously collect travel credits via their invite link. 
  • To accumulate and redeem travel credits you must maintain a TourRadar account in good standing. 
  • You may share your unique invite link via email and social media to friends and family. You may not share your unique invite link or invite code on public forums or coupon sites, otherwise TourRadar may terminate your account. 
  • Violations of these terms and conditions may also lead to forfeiture of the credits in your account. 
  • TourRadar reserves the right to cancel, revoke, or otherwise prevent the issuance of travel credits in any suspected case of fraudulence or misuse of this program and does not need to provide any details or explanation.
  • TourRadar reserves the right to modify or discontinue the referral program either temporarily or permanently (or any part thereof) at any time. TourRadar is not liable to you in the event of any modification, suspension or discontinuance of this program. 
  • Travel credits are not redeemable for cash or equivalents. 
  • TourRadar's promo codes and travel credits cannot be applied on existing confirmed bookings.



Loyalty Program
TourRadar's Loyalty Program allows you as a traveler to earn TourRadar travel credits (“Travel Credits”) in the amount of ($50/£50/€50/₹4000 - depending on your country) after every booking with a gross booking value of at least ($1000/£1000/€1000/₹87000) made on TourRadar. Travel Credits will be deposited into your account after the respective Travel Adventure and may only be used as a discount for future Travel Adventure bookings.
Bookings of Travel Adventures with more than 8 people and bookings of Travel Adventures with a gross booking value of over ($10000/£10000/€10000/₹870000) are excluded from the Loyalty Program. 


Travel Credit Spending
A Traveller can only pay for 5% of the gross booking value of any Travel Adventure using Travel Credits. If a Traveller has more Travel Credits than the capped allowance the remainder of the Travel Credits will remain in the Travellers account and can be used for additional bookings.
 
 
DIscretional Travel Credits
TourRadar may in its sole discretion provide Travel Credits. These Travel Credits can be used on the same basis as outlined above for the TourRadar Referral and TourRadar Loyalty programs.
 
 
Discretional Promo Codes
TourRadar may in its sole discretion offer promo codes from time to time. Unless otherwise stated they have an expiry period of 30 days from implementation of the offer. Promo codes can only be used for bookings on the same basis as outlined above for the TourRadar Referral and TourRadar Loyalty programs. Only one promo code can be redeemed per booking and they can not be combined with Travel Credits.


Content

TourRadar may, in its sole discretion, permit you to post, upload, publish, submit or transmit text, graphics, images, video or other materials on the Site (“Content”). By making available any Content on or through the Services, you agree that TourRadar may use the Content as TourRadar in its sole discretion, and in particular, may use the Content on its mobile website and app, and in online and/or offline promotional materials and publications. You hereby grant 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 such Content on, through, or by means of the Services. TourRadar does not claim any ownership rights in any such Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Content.

You acknowledge and agree that you are solely responsible for all Content that you make available through the Services. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary under applicable law to grant to TourRadar the rights in such Content, as contemplated under these Terms; and (b) neither the Content nor your posting, uploading, publication, submission or transmittal of the Content or TourRadar's use of the Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate any 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 represent and warrant that the Content will not contain any viruses, Trojan horses or infected files. You must not store, and agree not to store, any illegal content on the Site and TourRadar may monitor the site regularly for such illegal content. Please be aware that if you upload illegal content you could be subject to a fine. Any Content that does not meet the aforesaid criteria may not be posted and may be removed at any time and without prior notice.

In addition, TourRadar may, in its discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate your access to the Services, (b) deactivate or terminate your TourRadar account and/or remove any Content uploaded through your account. Upon any such termination, TourRadar will within a commercially reasonable time pay you any amounts which TourRadar is legally obliged to pay you, it being understood that to the extent permitted by applicable law all unused credits in your account will be forfeited as a result of the termination of your account. TourRadar does not have an obligation to delete or return to you any Content you have posted to the Services, including, but not limited to, any reviews or feedback.


Disclaimer

If you choose to use the Services, you do so at your sole risk. TourRadar does not have an obligation to conduct checks on any Travellers, Operators, Members or other users of the Services or third parties and does not make any attempt to verify Listings or Content. The Services (including the Site and Application), Listings and Content are provided "as is, where is", without warranty of any kind. In particular, TourRadar makes no warranty regarding the quality of any Listings, Tours, the Services or Content or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Services or advice or information, whether oral or written, obtained from TourRadar.

Without limiting the foregoing, TourRadar is not responsible and disclaims any liability for the use, validity, quality, suitability, fitness and due disclosure of the Listings and the Tours and makes no representations, warranties or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement or fitness for a particular purpose or be available on an uninterrupted, secure, or error-free basis. You acknowledge and agree that the relevant Operator is solely responsible and assumes all responsibility and liability in respect of the Listings and the Tour. TourRadar is not a (re)seller of the Tour. Complaints or claims in respect of the Tour are to be dealt with by the Operator. TourRadar is not responsible for and disclaims any liability in respect of such complaints, claims and (product) liabilities. TourRadar explicitly disclaims all liability for any act or omission of any Traveller or other third party.

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Services and Content, your booking of any Tours via the Services, and any contact you have with other users whether in person or online, remains with you.
TourRadar shall only be liable for direct damages actually suffered, paid or incurred by you due to any gross negligence or wilful misconduct of TourRadar as it pertains to TourRadar’s obligations to you under these Terms, up to the maximum amounts specified herein. Neither TourRadar nor any others involved in creating, producing, delivering or otherwise making available the Services or the Content will be liable for (a) any punitive, special, indirect or consequential loss or damages, including loss of profit, loss of or damage to goodwill or reputation, loss of claim, (b) any inaccuracy relating to the (descriptive) information of the Operator as made available, (c) the services rendered or the products offered by the Operators or other business partners, (d) any direct, indirect, consequential or punitive damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of the Services, or (e) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, wilful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Operator or from any communications, interactions or meetings with other users of the Services or other persons with whom you communicate or interact as a result of your use of the Services.

In no event will TourRadar's aggregate liability arising out of or in connection with your use of or inability to use the Services or from any interactions with any other members, exceed the amounts you have paid or owe for bookings via the Services as a Traveller in the twelve (12) month period prior to the event giving rise to the liability, or one hundred US Dollars (USD 100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between TourRadar and you.

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”). 
You are not permitted to use the Services if you are an entity incorporated in or resident in a country subject to economic or trade sanctions imposed by the EU, Canada, or by the U.S. State Department or U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) or any other competent body and authority or if you 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”).
TourRadar reserves the right to cancel any booking made that is contrary to EU, UN, OFAC and other policies and/or applicable sanctions. 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.


Applicable Law, Jurisdiction and Dispute Resolution

These Terms and the provision of the Services shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein without regard to its conflict-of-laws rules.
Any dispute arising out of these Terms and the Services shall be exclusively determined by the courts of the City of Toronto, Canada and you attorn to the exclusive jurisdiction of such courts.


Severability

If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms or part thereof invalid or unenforceable, that provision will be enforced to the maximum extent permissible with the invalid or unenforceable provision or part thereof severed, and the other provisions of these Terms will remain in full force and effect.

The commercial relationship between TourRadar and Operators are governed by separate agreements. Operators may have, declare applicable or require acceptance of their own terms and conditions for the use, access and consummation of the Tour (which may include disclaimers and limitations of liability).


Modifications

TourRadar reserves the right to modify the Terms at any time without prior notice. Any changes will become effective immediately upon use of the Site, Application and Services post change constituting an acceptance of the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.