Effective January 1, 2026

Welcome to ToursByLocals!

Please read this “Travel Agency Agreement” carefully as it contains important information about your legal rights and obligations.

We operate a marketplace platform that connects travellers and guides. Our platform allows the guides to market their tours and travellers to find and book tours, post reviews, and process payments. We do not publish, create, sell, control, offer, deliver, or supply any tour. We are not a travel agency or a tour operator, and we do not provide tours ourselves. When you make a booking, you are entering into a contract directly with a guide. In no event shall ToursByLocals be deemed a party to any agreement whereby you book a tour from a guide. The guides, and not ToursByLocals, are responsible for the tours they publish and for their guiding services.

IMPORTANT: PLEASE REVIEW THE LITIGATION CLASS ACTION WAIVER AND ARBITRATION PROVISIONS CONTAINED HEREIN, AS THEY REQUIRE THE PARTIES TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS AND TO SUBMIT DISPUTES TO FINAL AND BINDING ARBITRATION. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SITE AND/OR BOOK ANY TOURS.

1. Introduction.

This Travel Agency Agreement, as may be modified and amended from time to time, sets forth the legally binding agreement by and between:

(a) ToursByLocals Canada, Inc., located at Suite 500 - 1112 West Pender St., Vancouver, British Columbia, Canada, V6E 2S1 (“ToursByLocals”, “We”, “us” or “our”); and

(b) a person or entity (“You”) that enters and uses the ToursByLocals’ marketplace platform accessible via the www.toursbylocals.com website and subdomains (the “Site”) to search for and/or book sightseeing tours and activities and other related services (the “Tours”) for and on behalf of third parties (the “Travellers”).

2. Acceptance of This Travel Agency Agreement.

You hereby represent and warrant that You:

(a) have read, understand, and agree to comply with and be bound by this Travel Agency Agreement;

(b) are an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country in which You are established;

(c) are able to enter into legally binding contracts;

(d) are not forbidden by ToursByLocals to access and/or use the Site; and

(e) have communicated, and/or will communicate prior to a Tour, our Terms and Conditions (www.toursbylocals.com/terms) and Cancellation Policy (https://www.toursbylocals.com/CancellationPolicy) to the Travellers, and that the Travellers, or their legal guardians, have agreed to such Terms and Conditions and Cancellation Policy.

3. Scope of ToursByLocals Services.

We operate the Site, which is an online marketplace platform which allows guides (the “Guides”) to upload and publish their Tours, and You to search and book Tours, post reviews and process payments for and on behalf of Travellers.

You may search for Tours and Guides using a variety of filters. Once You decide on a specific Tour, You may connect and conclude contracts directly with the Guides and through the Site.

We are constantly updating our Site and its functionalities. Therefore, We may modify and/or delete any functionality on the Site and/or introduce new ones from time to time.

4. Travel Agency’s Account.

You may search for Tours and Guides through the Site without prior registration. In order to book Tours on the Site, You may be required to register to open an account and complete your profile with your personal details (the “Travel Agency’s Account”). You shall not apply to open more than one Travel Agency’s Account on the Site.

As the admin user of the Travel Agency’s Account, You may open sub-accounts (the “Sub-Accounts”) under your Travel Agency’s Account for users (the “Agents”) to book Tours for and on behalf of Travellers. You hereby represent and warrant that You have communicated the terms of this Travel Agency Agreement to all the Agents, and that the Agents have agreed to the Travel Agency Agreement. You will be fully responsible for the Agents’ use of the Sub-Accounts and the Site and for the Agents’ compliance with the terms of this Travel Agency Agreement, which will be solely and exclusively between You and ToursByLocals.

The opening of a Travel Agency’s Account and Sub-Accounts is at the sole discretion of ToursByLocals. We reserve the right to refuse to open a Travel Agency’s Account and/or Sub-Account and/or cancel a Travel Agency’s Account and/or Sub-Account without notice and liability, at our sole discretion, for any reason or for no reason.

You must provide accurate, current and complete information and keep the information on your Travel Agency’s Account and Sub-Accounts up-to-date at all times. We will only collect and use personal information from You, Agents and Travellers in accordance with our Privacy Policy.

You are solely and exclusively responsible for any claims relating to any inaccurate, untimely or incomplete information provided by You and the Agents.

You are responsible for any activity on your Travel Agency’s Account, including any Sub-Accounts, and shall keep your passwords confidential. If You are aware that any person has entered your Travel Agency’s Account or Sub-Accounts without your permission, You shall inform ToursByLocals as soon as possible.

5. Booking.

The Site lists many Tours uploaded by different Guides, each Tour containing a description of the characteristics and items included, such as description and itinerary (“Tour Terms”). You may send a message to the Guide with any inquiry about a certain Tour or to request a customized Tour. You may also choose to make a booking request to a Guide for a particular Tour by clicking the “Request Booking” button, or any other button as may be modified. All Tours are invitations to You to make an offer to a Guide. Once the Guide accepts and confirms your booking request, there is a binding contract between You, the Travellers and the Guide. The Guides are free to accept or reject your booking requests.

You shall review the Tour Terms before making a booking request to a Guide. Once your booking request is accepted by the Guide, You will be bound by the Tour Terms. This Travel Agency Agreement will prevail over the Tour Terms with respect to your relationship with ToursByLocals.

You understand and agree that the itineraries of the Tours may be subject to changes that are out of the control of the Guide. You agree that only changes that substantially impact the Tour itinerary will entitle You to cancel such Tour without cost.

6. Payment.

The price you pay for a booking (“Total Price”) may change without prior notice until a booking has been confirmed. Unless otherwise indicated during checkout, the Total Price includes all applicable taxes and fees.

You may choose to pay for a Tour in any of the available currencies offered on the Site. If you select a currency different from the one set by the Guide for the payout, the Total Price displayed to You will be calculated using a conversion rate determined by ToursByLocals, which includes a currency conversion fee. Once You book a Tour, the Total Price is fixed in the selected currency, even if exchange rates fluctuate between the time You book and the time the Travellers take the Tour. Your bank or credit card company may apply different commissions and charges when selecting a currency other than your local currency.

You will ensure that any and all payments to the Guides are processed through the Site, or such other means as ToursByLocals may determine.

You will make payment of bookings by credit card or other form of payment available through the Site. ToursByLocals uses a third party service to process your payment information for all transactions made through ToursByLocals. You authorize ToursByLocals and its payment service partners to process your payments. These payment processing services are governed by the terms and conditions of those third party services and will apply to the payments You make through their system.

7. Your Reviews.

You may have access to post Guides’ ratings and reviews (“Reviews”) on behalf of the Travellers and the Guides may respond to such Reviews. By uploading, posting or otherwise making available Reviews on or through the Site, You:

(a) warrant that all personal data provided has been collected and processed in accordance with applicable data protection legislation;

(b) warrant that You have the proper consent from the Travellers to transfer their personal data and Reviews to Us for its publication on our Site and processing in accordance with our Privacy Policy;

(c) and/or the Travellers, as applicable, grant to Us a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to the Reviews to access, use, reproduce, display, perform, adapt, create derivative works, modify, distribute, and promote the Reviews in any form, anywhere, in connection with ToursByLocals’ business, without the prior approval and/or notification from and to You and the Travellers. This license shall survive termination of your Travel Agency’s Account on the Site.

(d) warrant and represent that You, the Agents and/or the Travellers control all of the rights to the Reviews and that use of the Reviews by ToursByLocals does not violate the rights of any third party;

(e) in the event that the Reviews provided by You to ToursByLocals violate the rights of a third party, You agree to indemnify ToursByLocals against any losses and liabilities that may result from the action of such third party against ToursByLocals; and

(f) understand that other users of the Site will access the Reviews.

You will not upload, publish, and/or send any Review that: (i) is fraudulent, false, or misleading; (ii) is defamatory, obscene, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any Guide and/or user; (iv) promotes illegal or harmful activities, or (v) includes contact details.

We reserve the right to remove or modify, without prior notice, any Reviews alleged to infringe any intellectual property rights, or that violate this Travel Agency Agreement, and/or unpublish any Tours containing such Reviews.

Reviews reflect the opinions of the users of the Site and do not reflect the opinion of ToursByLocals. ToursByLocals may verify Reviews for accuracy but does not warrant they are correct or accurate. ToursByLocals shall have no liability for Reviews or for any claims resulting from such Reviews.

8. Your Commission.

The Total Price you pay for a booking includes the Tour price set by the Guide (“Tour Price”), a service fee (“Service Fee”), and any additional fees or charges applied by ToursByLocals. You will receive a commission (“Commission”) calculated solely on the Tour Price (including any currency conversion fees) and the Service Fee, provided that:

You have made your booking using your Travel Agency’s Account, or the Traveller has made a booking following a special “tagged” link provided to You by ToursByLocals:

full payment for the booking has been remitted to Us; and

the Tour Price and Service Fee are not refunded or repudiated for any reason

If a booking is partially refunded, your Commission will be adjusted proportionally to the portion of the Tour Price and Service Fee retained by ToursByLocals. For clarity, no Commission is payable in cases where a booking is cancelled and only the Service Fee is retained.

Any additional fees or charges applied by ToursByLocals are excluded from your Commission calculation. Your Commission is also subject to deductions, refunds, credits and chargebacks applied to your bookings.

You will receive a Commission for Tours booked for and on behalf of You and/or an Agent. You and the Agents will be regarded as Travellers for these bookings, as outlined in the Terms and Conditions.

You understand and agree that We may issue refunds for a variety of reasons, and at our sole discretion.

The Commission rate is agreed upon at the time of opening your Travel Agency’s Account and may be changed by ToursByLocals, at its sole discretion, with a 30 days’ prior notice. Any change in the Commission will apply to new bookings only.

We will not pay You a Commission if the booking was made following an Affiliate’s link. Also, We will not pay any commission to the Agents.

If a credit, a refund, a credit card chargeback and/or any other deduction or discount is issued for a booking that had generated a Commission already paid to You, We will deduct the amount paid to You in excess from your next payment. If no further payment is due to You, or if insufficient further payment is due to You under this Agreement to offset the amounts paid to You in excess, We will send You an invoice for any balance owing to Us, which You agree to pay, in full, within 30 days.

Banking fees and any other transaction costs are at your own expense.

Currency and method of payment to You may be determined at the time your application is approved, and changed at any time by your request.

Payment will be remitted to You depending on the selected payment method and in accordance with the information provided in the Travel Agency’s Account.

You are solely responsible for payment of any applicable taxes and for determining your obligations to report, collect and/or remit any applicable taxes. Tax regulations may require Us to collect appropriate tax information, or to withhold taxes from remittances and to remit such taxes to the applicable governmental authority, or both. You agree to provide Us with the documentation and information that We determine to be sufficient to alleviate our obligation (if any) to withhold taxes from remittances to You and authorize Us to disclose remittances and tax information to your local tax authorities.

9. Your Obligations.

You agree to the following provisions:

Contact Details. You agree not to give any personal contact details including phone number, email, social networks and/or your own website URL to Guides before the Guide accepts the booking nor give any information to the Guides that might result in You an/or the Travellers booking from outside our Site.

Communication. You agree that all communications with the Guides will occur through the Site. ToursByLocals also handles customer service through telephone and email. ToursByLocals reserves the right to monitor communications between You and the Guides and review and edit those communications in case they do not comply with the terms of this Agreement and/or the Terms and Conditions (like containing contact details or including offensive language). You understand that We may not screen Guides. You are solely responsible for, and shall exercise caution and judgment, in using the Site and disclosing personal information to the Guides. You agree that ToursByLocals and the Guides may contact You and/or the Travellers via email, text messages, calls, and automated calls, to the phone number and email addresses You provide in your Travel Agency’s Account or otherwise provided to Us, to communicate to You, including but not limited to, any updates, changes, and/or important information related to any bookings. We may place your Travel Agency’s Account on hold or inactivate it if You do not respond to several messages from Us and/or the Guides, which shows that your Travel Agency’s Account is inactive.

Guides Information. You agree that You will not use the Guides’ information and contact details for any purpose other than in connection with a booking through the Site.

Use of the Site. The Site shall be used for the purposes indicated herein and not for any illegal or unauthorized purposes. You may not use the Site to recruit, solicit, or contact Guides for business offers. Also, You may not use the Site to engage in harassing, stalking or any other inappropriate conducts.

Intellectual Property. The Site is protected by copyright, trademark, and/or other laws. You acknowledge and agree that the Site, including all associated intellectual property rights, are the exclusive property of ToursByLocals and/or its licensors or authorizing third-parties. All trademarks and logos used on or in connection with the Site are trademarks or registered trademarks of ToursByLocals. You shall not register, and/or apply for domain names identical or confusingly similar to ToursByLocals trademarks, domain names and/or that contain words relating to ToursByLocals.

Unauthorized Access to the Site: You will not use the Site in any manner that could damage, disable, overburden or impair the functioning of the Site, use data mining or any other method to extract data, apply reverse engineering, or access areas of the Site which You are not authorized to access.

Surveys. By submitting any ideas, suggestions, and/or opinions (“Opinions”) to Us through our surveys and/or any other alternative means You represent and warrant that you have all rights necessary to submit your Opinions and You hereby grant to ToursByLocals a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to access, use, reproduce, display, perform, adapt, and distribute your Opinion in any form, anywhere, in connection with ToursByLocals’ business, without your prior approval and/or notification. This license shall survive termination of your Travel Agency’s Account on the Site.

Independent Individual or Entity: You understand, acknowledge and agree that You and the Agents are an independent individual or entity in respect to ToursByLocals and not an employee, agent, joint venturer or partner of ToursByLocals, and that You and the Agents act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of ToursByLocals. You understand, acknowledge and agree that You have no authority to make or accept any offers or representations on behalf of ToursByLocals. You will not make any statement that reasonably would contradict anything contained in this section.

10. Disclaimer.

TOURSBYLOCALS, ITS PARENT, SUBSIDIARIES, AFFILIATES, DIRECTORS, AND EMPLOYEES (“TOURSBYLOCALS GROUP”) DO NOT PUBLISH, CREATE, SELL, CONTROL, OFFER, DELIVER, OR SUPPLY ANY TOUR. THE GUIDES ARE NOT INDEPENDENT CONTRACTORS, AGENTS NOR EMPLOYEES OF THE TOURSBYLOCALS GROUP. THE TOURSBYLOCALS GROUP DOES NOT TAKE ANY RESPONSIBILITY AND IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER DAMAGES OR EXPENSES, ARISING OUT OF, OR IN CONNECTION WITH, WITHOUT LIMITATION, (I) THE DELIVERY OF ANY TOUR, (II) THE PERFORMANCE OF THE GUIDE OR FAILURE TO PERFORM THE TOUR AND/OR THE GUIDE’S SERVICES, (III) ANY TRANSPORTATION SERVICE ASSOCIATED TO ANY TOUR, (IV) ANY OTHER SERVICE OFFERED OR DELIVERED BY THE GUIDE, (V) THE GUIDE’S ACTS OR OMISSIONS, REPRESENTATIONS, WARRANTIES, NEGLIGENCE, GROSS NEGLIGENCE OR WILFUL MISCONDUCT AND (IV) PERSONAL, BODILY INJURY, DEATH, PROPERTY DAMAGE TO YOU, THE TRAVELLERS, THE GUIDE OR ANY OTHER PARTY. THE TOURSBYLOCALS GROUP’S RESPONSIBILITY IS LIMITED TO LISTING AND MAKING AVAILABLE THE TOURS AND OTHER ANCILLARY SERVICES THROUGH THE SITE.

ALTHOUGH WE PERFORM CERTAIN LIMITED SCREENINGS ON THE GUIDES, WE DO NOT GUARANTEE THE EFFICACY AND/OR ACCURACY OF SUCH PROCESS AND, THEREFORE, WE DO NOT GUARANTEE THE RELIABILITY OF THE GUIDES. ALSO, WE MAY NOT CONDUCT IDENTITY VERIFICATIONS AND WE ARE NOT RESPONSIBLE FOR THE IDENTITY VERIFICATION OF ANY USERS OF THE SITE, INCLUDING THE GUIDES.

DUE TO THE NATURE OF TOURSBYLOCALS SERVICES, TOURSBYLOCALS DOES NOT GUARANTEE THE CONTINUOUS AND UNINTERRUPTED AVAILABILITY AND ACCESSIBILITY OF THE SITE. THE SITE IS PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TOURSBYLOCALS DOES NOT MAKE OR GIVE ANY REPRESENTATION OR WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, TOURSBYLOCALS MAY RESTRICT THE AVAILABILITY OF THE SITE IF THIS IS NECESSARY IN VIEW OF CAPACITY LIMITS, THE SECURITY OR INTEGRITY OF OUR SERVERS, OR TO CARRY OUT MAINTENANCE MEASURES FOR THE PROPER OR IMPROVED, MODIFIED OR ENHANCED FUNCTIONING OF THE SITE.

11. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT THE TOURSBYLOCALS GROUP SHALL EITHER BE LIABLE TO YOU, THE AGENTS, THE TRAVELLERS OR ANY THIRD PARTY FOR ANY LOST PROFITS, SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LIABILITIES WHETHER IN ACTION BASED IN CONTRACT, WARRANTY, STRICT LIABILITY, TORT OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY SUCH PARTY.

IN NO EVENT SHALL THE TOURSBYLOCALS GROUP’S LIABILITY TO YOU, THE AGENTS OR ANY OTHER PERSON ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE EXCEED, IN THE AGGREGATE, THE TOTAL AMOUNT PAID TO YOU FOR A PARTICULAR BOOKING WITH RESPECT TO WHICH SUCH LIABILITY RELATES, PLUS A 25%, OR IN THE CASE OF ANY LIABILITY NOT RELATED TO A PARTICULAR BOOKING THE TOTAL AMOUNT PAID TO YOU IN THE 12 MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, PLUS A 25%, OR FIVE HUNDRED U.S. DOLLARS (US$500), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS IN THIS SECTION SHALL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY IN THESE TERMS AND CONDITIONS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

12. Your Liability and Indemnification.

You agree to defend, indemnify, and hold harmless the ToursByLocals Group from all liabilities, claims, losses and expenses, including attorney’s fees, that may arise, directly or indirectly from, as a result of or in connection with (i) your use of the Site, (ii) the Agent’s use of the Site, (iii) the Reviews, and (vi) any violation by You and/or the Agents of the terms of this Travel Agency’s Agreement, including any infringement of any rights of third parties. The ToursByLocals Group reserves the right, at its own expense, to assume the exclusive defense and control of any claim subject to indemnification by You, in which case You agree to cooperate with the ToursByLocals Group in asserting any available defenses.

13. Release for the Guides’ Services.

IN ORDER TO BOOK AND PARTICIPATE IN A TOUR, YOU HAVE TO AGREE TO THE FOLLOWING IN RESPECT TO THE GUIDES’ SERVICES.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU, THE AGENTS AND THE TRAVELLERS RELEASE THE GUIDES FROM ANY LIABILITIES AND CLAIMS, THAT ARISE FROM DAMAGES OF EVERY KIND AND NATURE, EVEN IF SUCH PARTY HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN, THAT MAY ARISE OUT OF, OR IN CONNECTION WITH, THE PARTICIPATION IN A TOUR.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD THE GUIDE HARMLESS FROM ANY LIABILITY, LOSS OR COST THE GUIDE MAY INCUR ARISING FROM ANY CLAIM YOU AND/OR THE AGENT MAKE, DESPITE OF THE RELEASE INCLUDED IN THIS SECTION.

14. Dispute Resolution.

PLEASE READ THIS SECTION CAREFULLY. YOU WILL HAVE TO RESOLVE ANY DISPUTE THROUGH ARBITRATION AND NOT THROUGH A COURT PROCEEDING.

Unless prohibited by law, all disputes arising out of, or in connection with this Agreement will be commenced, referred to and resolved by arbitration, except that You may assert a qualifying claim on an individual basis in small claims court. This arbitration agreement will apply to all claims that arose before the effective date of this Travel Agency Agreement and if any part of it is deemed invalid or unenforceable, the other parts remain in force. You and ToursByLocals acknowledge and agree that they waive any constitutional and statutory rights to a trial by jury and to seek relief in a court of law.

The arbitration will be conducted in English, before a single arbitrator and within the Province of British Columbia, Canada. The arbitration may be held remotely and costs will be borne by each party.

However, You and ToursByLocals agree to resolve any and all disputes in the least onerous manner. Therefore, You and ToursByLocals agree to negotiate, informally and in good faith, a resolution to the dispute, before commencing arbitration. The claimant party will give notice to the other party of the initiation of the informal resolution process. You and ToursByLocals will participate in a video conference within 45 days from the receipt of notice, unless extended by agreement of the parties. Any applicable limitation period will be temporarily suspended during this negotiation period.

You may opt out of this arbitration agreement by notifying ToursByLocals in writing and within 30 days from the effective date of these terms. Your notice will include your name, ToursByLocals’ Travel Agency’s Account number and a clear statement that you are opting out of this arbitration agreement. If You opt out, all other parts of this Agreement will continue to apply.

If the entire arbitration agreement is deemed invalid or unenforceable in respect to a particular claim or dispute, You agree to submit that claim or dispute not subject to arbitration to the exclusive jurisdiction of the courts of British Columbia, Canada.

15. Litigation Class Action Waiver.

To the extent allowed by applicable law, You agree that any arbitration and proceeding to litigate in court any dispute arising out of or relating to this Agreement, will be conducted solely on an individual basis, and You agree not to seek to have any controversy, claim or dispute heard as a class action or any other type of representative proceeding.

16. Force Majeure.

We shall be relieved from liability for partial or complete failure to fulfill obligations under this Agreement due to force majeure circumstances. In case of force majeure, We shall notify You on the commencement and cessation of circumstances preventing Us from fulfilling our obligations.

17. Amendments to Agreement.

ToursByLocals may modify and amend this Agreement from time to time in its sole discretion. ToursByLocals will provide You with at least thirty (30) days prior notice to the effective date of any material changes to this Agreement. If You do not terminate the Agreement before the date the amendments become effective, then You are deemed to have accepted the amended Agreement. If You do not agree to the amended Agreement, You will terminate it before the date it becomes effective, and will stop accessing your Travel Agency’s Account and using our services.

18. Term and Termination.

The term of this Agreement will begin upon our acceptance of your application and will end when terminated by either Party.

You may terminate this Agreement at any time by sending us an email, which shall be effective immediately upon delivery of such notice. If You terminate this Agreement, your Travel Agency’s Account will be automatically canceled, all bookings from You will be canceled and any refund and/or payment to You and/or the Travellers will be made in accordance with the Cancellation Policy.

ToursByLocals may terminate this Agreement for convenience at any time by sending You an email to your registered email address, which shall be effective immediately upon delivery of such notice. If We terminate this Agreement, We may cancel any of your bookings and refund You the amounts previously paid for those bookings. You will not be entitled to any compensation for termination and/or canceled bookings.

ToursByLocals may, at its sole discretion and without notice, terminate this Agreement at any time, and/or cancel or limit your access to your Travel Agency’s Account if You have materially breached any obligation under this Agreement.

When this Agreement has been terminated, You are not entitled to a restoration of your Travel Agency’s Account and, if terminated by ToursByLocals, You shall not apply for a new account or access and use the Site through another account.

In the event of termination or expiration, the following sections shall survive: Disclaimer, Limitation of Liability; Your Liability and Indemnification, Release for the Guides’ Services, Dispute Resolution, Litigation Class Action Waiver; and General Provisions.

19. General Provisions.

(a) Waiver. Failure by ToursByLocals to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.

(b) Governing Law. The Site is operated by ToursByLocals Canada, Inc., a Canadian corporation. This Agreement, and all other aspects of the use of the Site, shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada.

(c) Entire Agreement. Except for any additional terms included in the Site - excluding the Tour Terms uploaded by the Guides -, this Agreement constitutes the entire agreement between You and ToursByLocals with respect to the subject matter of this Agreement.

(d) Severability. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain valid and enforceable to the fullest extent possible and shall remain in full force and effect.

(e) Successors. This Agreement shall be binding on You and ToursByLocals, and their successors and assigns.

(f) Notice. Any notice or other communication to be given hereunder will be in writing or electronic mail to any of the following addresses: to the Company: Suite 500 - 1112 West Pender St., V6E 2S1 Vancouver, British Columbia, Canada and support@toursbylocals.com; and to You: to the address and email listed in your Travel Agency’s Account.