Term and Conditions
ToursByLocals Customer Terms and Conditions
Revised October 14, 2013
This Agreement sets forth the terms and conditions between ToursByLocals Inc. (ToursByLocals) and users who use our services to purchase tours and travel services ("You") from individuals who provide tours and travel related services ("Tour Guides"). This Agreement explains how You purchase tours and travel services and specifically limits the liability of ToursByLocals.
You must read this Agreement before using the Site and booking a Tour. Use of the Site constitutes an agreement to all terms and conditions in this Agreement and you warrant that you understand, agree to and accept all terms and conditions contained here.
ToursByLocals connects You with Tour Guides who are seeking to provide tours and travel related services. We do this through our website, ToursByLocals.com ("Site"), which is a communications and payment processing system that enables the connection between You and the Tour Guides.
You understand that the Tour Guides presented on the Site are independent contractors and that the Tour Guides are not employees or agents of ToursByLocals. You hereby understand and expressly agree that ToursByLocals does not control the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Tour Guides, nor of the integrity, responsibility or any of the actions whatsoever of the Tour Guides.
ToursByLocals uses its best efforts to monitor Tour Guide profiles, service offerings, actions and comments, and suspend privileges to any Tour Guide not adhering to policies of ToursByLocals. By using this Site, you agree to report any alleged improprieties of any Tour Guides to ToursByLocals immediately.
You may seek the services of a Tour Guide through the use of the Site. Once a Tour Guide has accepted your request for service and your payment has been processed, there is a binding contract between You and the Tour Guide. Once you have purchased a tour or travel service, if there are any issues relating to the service that cannot be resolved directly with the Tour Guide, You should contact ToursByLocals and we will attempt to resolve the issue.
ToursByLocals is the Merchant of Record and uses a third party service to process your credit card information for all transactions made through ToursByLocals. We do not store your credit card information on ToursByLocals' web servers or in paper files. You hereby agree to hold ToursByLocals harmless for any damages that may result should any personal information about You be released by any third parties. For further information regarding that service, please contact ToursByLocals' credit card processing company, PayPal.com.
Any cancellation by You must be made by telephone or email and acknowledged by ToursByLocals. The date on which the request to cancel is received by ToursByLocals will determine the refund due as follows:
Cancellation 60 days or more before departure: Amount paid less upfront costs. These upfront costs are disclosed to you when you use the Site to complete the transaction and may represent out of pocket expenses of the Tour Guide for tickets, transportation deposits and other ancillary expenses.
Cancellation 59 to 31 days before departure: deposit paid or 80% of tour price if paid in full.
Cancellation less than 30 days before departure: no refund
You are strongly encouraged to obtain cancellation insurance. In certain circumstances, this will cover the cost of cancellation.
In some cases, the Tour Guide may cancel a tour due to weather or other circumstance. In the event that the Tour Guide cancels the tour, or does not deliver it as promised, You may choose between a rescheduling of the tour OR a full refund of all monies paid or a credit towards an alternative tour. If you choose to accept a credit, the difference in the cost of the alternative tour will be refunded by ToursByLocals or paid by You, as applicable.
ToursByLocals is not responsible for any incidental expenses You may have incurred in reliance on the tour or travel services booked on the Site, including, without limitation, expenses arising from the purchase of visas, vaccinations, non-refundable flights, or of any loss of enjoyment.
4. 'No One left Behind' Shore Excursion Guarantee
ToursByLocals guarantees that in the unlikely event that you miss your ship, we will arrange overnight accommodation and transport to the next feasible port-of-call.
Here are some further details about our guarantee:
If any tour, not just shore excursions, is cancelled because of a 'force majeure' event, you will receive a full refund. For shore excursions, this typically means such things weather conditions preventing your ship from docking, or if your ship arrives late or otherwise does not dock.
We won't cover you if the reason for missing your ship is caused by your own actions or personal situation, for example if you deviate from the agreed-upon itinerary, become ill, get arrested etc.
You must contact us first so that we can be part of the solution in arranging accommodation and transportation. You can't make these arrangements on your own.
5. ACCEPTANCE OF RISK AND WAIVER OF LIABILITY
You acknowledge that all travel involves an element of risk and that some tours offered on the Site may be adventurous in nature and may involve a significant amount of personal risk. You hereby assume all such risk and You, your estate, your family, heirs and assigns hereby release ToursByLocals and the Tour Guide from all claims and causes of action whatsoever arising from any injury, death or other damages, both pecuniary and non-pecuniary, to You that may occur as a result of your participation in the tours offered on the Site or as a result of the negligence of any party, including the Tour Guide or any employee, officer, agent, contractor or assign of ToursByLocals, whether such negligence is passive or active.
Prior to tour commencement, the Tour Guide may ask You to sign a Liability Release, and You can view a copy of the Liability Release by accessing the following link:
Whether the signing of the Liability Release is required is disclosed when you use the Site to book the tour.
You are strongly encouraged to obtain suitable medical insurance prior to booking a tour.
We urge you to exercise caution if you purchase any goods during your tour. Neither ToursByLocals or the Tour Guide make any claims about the quality, source or other provenance of any goods which may be available for purchase.
6. Prohibited Use
The Site may not be used to recruit, solicit, or contact Tour Guides for employment or contracting for a business not affiliated with ToursByLocals unless you first obtain express written permission from ToursByLocals.
7. Information Provided by You
You are responsible for providing accurate, timely and complete information in connection with Your registration for and use of the Site. ToursByLocals is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided to us by You.
ToursByLocals uses a third party service to process your credit card information, therefore we have no access to your credit card information. For further information, please contact ToursByLocals' credit card processing company www.PayPal.com.
8. Modification of the Terms of this Agreement
ToursByLocals reserves the right to make changes to this Agreement from time to time. ToursByLocals shall provide notice to You of any substantive and/or material changes to this Agreement or any policies posted on the Site by posting such changes on the Site.
9. Term of Agreement
This Agreement will become effective immediately upon your use of the Site and shall remain effective unless terminated by either party as provided here. Either party may terminate this Agreement by providing the other with written or email notice of such termination which shall be effective immediately upon delivery of such notice to the other party. Furthermore, ToursByLocals may terminate this Agreement immediately for any breach by You of this Agreement or any applicable policy of ToursByLocals as posted on the Site from time to time. In the event of termination or expiration, the following sections shall survive: Section 1 (General); Section 4 (Acceptance of Risk and Waiver of Liability); Section 6 (Information Provided by You); Section 8 (Term of Agreement); Section 9 (Intellectual Property Rights); Section 10 (Notice of Trademark Rights); Section 12 (Disclaimer of Warranties); Section 13 (Limitation of Liability); Section 15 (Legal Claims); and Section 16 (Miscellaneous Provisions).
Should You violate the terms of this Agreement, ToursByLocals reserves the right, without prejudice to any other rights or remedies available to ToursByLocals, to terminate your use of this Site immediately at its sole discretion.
10. Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") that You see or read on the Site is owned by ToursByLocals, or is used with the owner's permission. This Proprietary Material is protected in all forms, media and technologies. You may not copy, download, use redesign, reconfigure, or retransmit anything from the Site without the prior written permission of ToursByLocals.
11. Notice of Trademark Rights
The service marks and trademarks ToursByLocals and the ToursByLocals logo are service marks owned by ToursByLocals. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the prior written permission of ToursByLocals or the applicable owner.
ToursByLocals is committed to ensuring the privacy of the information you give us. Our Privacy Statement is located on the ToursByLocals Site.
13. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT THE USE OF THIS SITE IS AT YOUR SOLE RISK. TOURSBYLOCALS DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE.
14. Limitation of Liability
Under no circumstances will ToursByLocals be liable to You for any indirect, incidental, consequential, special or exemplary damages arising from any provision of this Agreement or from the provision of any tours or other services purchased from the Site. Furthermore, the TOTAL liability of ToursByLocals arising with respect to this Agreement and the Site shall in no event exceed the total amounts paid by You to ToursByLocals under this Agreement.
Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.
16. Legal Claims
For all disputes between ToursByLocals and You relating to the Site, this Agreement, transactions facilitated or conducted through the Site, tours and travel services ordered or purchased through the Site, dealings between You and ToursByLocals, or any related matters ("Disputes"), the parties will attempt to find the least onerous solution to the Dispute. If a Dispute cannot be resolved by the parties, then the Dispute must be resolved before the courts of the Province of British Columbia, Canada, and you hereby irrevocably submit and attorn to the exclusive jurisdiction of the courts of the Province of British Columbia, Canada, in respect of all Disputes. Proceedings regarding Disputes must be commenced in a court of competent jurisdiction in the City of Vancouver, British Columbia, Canada, within six (6) months after the Dispute arose. Any shorter time limit provided by statute or other law remains unaffected.
17. Miscellaneous Provisions
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.