This Agreement sets forth the terms and conditions between Touritor ® and users who use our services to purchase tours and travel services (“Traveler” or “Member” ) from individuals who provide tours and travel related services (“Tour Guides“)  . This Agreement explains how Traveler purchase tours and travel services and specifically limits the liability of Touritor.

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.

  1. General

Touritor connects Traveler with Tour Guides who are seeking to provide tours and travel related services. We do this through our website, www.touritor.com (“Site”), which is a tour booking and payment processing system that enables the connection between Traveler and the Tour Guides.

Traveler understands that the Tour Guides presented on the Site are independent contractors and that the Tour Guides are not employees or agents of Touritor. Traveler hereby understand and expressly agree that Touritor 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.

Touritor 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 Touritor. By using this Site, traveler agrees to report any alleged improprieties of any Tour Guides to Touritor immediately.

  1. Transactions

Traveler may seek the services of a Tour Guide through the use of the Site. Traveler can book any tour or tour guides by paying booking amount which is 20% of the total Tour Price displayed on Touritor website, online (via PayPal). Rest 80% of the total Tour Price will be paid directly to the tour guide on the day of completion of tour. Traveler and Tourist Guide could mutually decide if balance should be paid in USD or INR. If it has to be in INR, then balance due amount in USD should be converted to INR as per the exchange rate on the day of tour completion. Otherwise the currency and amount outlined on the confirmation of booking is the legal amount due.

Once 20% of the total Tour Price is paid online and payment has been processed, there is a binding contract between Traveler and the Tour Guide.

It is to be noted that Pricing is set by the individual tour guides directly and not by Touritor.

Once Traveler 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, Traveler should contact Touritor and we will attempt to resolve the issue.

Touritor uses PayPal, a third party service to process your online payment. PayPal can accept the payment from your PayPal account or from your credit card directly. For further information regarding service, please contact PayPal. Traveler hereby agree to hold Touritor harmless for any damages that may result should any personal information about Traveler be released by any third parties.

        PayPal – www.PayPal.com

  1. Cancellations & Refunds 

Any cancellation by traveler must be made by telephone or email and acknowledged by Touritor. The date on which the request to cancel is received by Touritor will determine the refund due as follows:

Cancellation 15 days or more before Tour start date:  Booking amount (20% of the total tour cost will be refunded) less upfront costs if any less any transactional charges from payment gateway as applicable. These upfront costs may represent out of pocket expenses of the Tour Guide for tickets, transportation deposits and other ancillary expenses.

Cancellation less than 15 days before Tour start date: No refund of 20% booking amount

Cancellation less than 7 days before Tour start date: No refund of 20% booking amount and traveler need to pay the outstanding amount of Total Tour Price of which 20% was already paid during the time of booking. Touritor will ask to pay this outstanding amount by generating the PayPal invoice or sharing the bank details with you for online transfer. This condition is kept in the interest for tourist guides to avoid any financial loss to them because in the event of such cancellation they will not be able to get any new booking.

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, Traveler may choose between a rescheduling of the tour OR Choose another Tour Guide OR ask for refund of booking amount (20% of the total Tour Price).

Touritor is not responsible for any incidental expenses traveler 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.

  1. Acceptance Of Risk And Waiver Of Liability( If Required)

Travelers 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. Traveler  hereby assume all such risk and traveler , his/her estate, his/her family, heirs and assigns hereby release Touritor  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 Traveler 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 Touritor , whether such negligence is passive or active.

Prior to tour commencement, the Tour Guide may ask Traveler to sign a Liability Release, and Traveler can view a copy of the Liability Release by requesting over mail.

Whether the signing of the Liability Release is required or not, will be mentioned on the website in the respective Tour Description or will be e-mail to traveler with the copy of Liability Release for reference.

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 Touritor nor the Tour Guide makes any claims about the quality, source or other provenance of any goods which may be available for purchase.

  1. 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 Touritor unless you first obtain express written permission from Touritor.

  1. Information Provided By Traveler

Traveler are responsible for providing accurate, timely and complete information in connection with his/her registration for and use of the Site. Touritor is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided to us by Traveler.

Touritor will only use your information in accordance with our Privacy Policy (a copy available on the website). Touritor will use its best efforts to ensure the privacy of all other personal information; however, we expressly disclaim any liability for any damage that may result should any information be released to any third parties. You hereby agree to hold Touritor harmless for any damages that may result.

Touritor uses a third party service to process your credit card information, therefore we have no access to your credit card information. For further information regarding that service, please contact Touritor’s credit card processing company i.e PayPal.

        PayPal – www.PayPal.com

  1. Modification Of The Terms Of This Agreement

Touritor reserves the right to make changes to this Agreement from time to time. Touritor shall provide notice to Traveler of any substantive and/or material changes to this Agreement or any policies posted on the Site by posting such changes on the Site.

  1. 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, Touritor may terminate this Agreement immediately for any breach by Traveler of this Agreement or any applicable policy of Touritor 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 7 (Modification of the Term of this Agreement); Section 9 (Ownership & Copyright); Section 10 (Notice of Trademark Rights); Section 14 (Disclaimer & Limitation of Liability); Section 18 (Legal Claims); and Section 19 (Miscellaneous Provisions).

Should You violate the terms of this Agreement, Touritor reserves the right, without prejudice to any other rights or remedies available to Touritor, to terminate your use of this Site immediately at its sole discretion.

  1. Ownership & Copyright

Except as otherwise indicated, the Site, and all text, images, videos, marks, logos and other content contained herein, including, without limitation, the Touritor logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the “Site Content”) are the proprietary property of Touritor or used with the owner’s permission. Hence, the use of any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the site or any site Content is prohibited.

  1. Notice Of Trademark Rights

Touritor logo and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of Touritor, and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Touritor or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Touritor and may not be copied, imitated or used, in whole or in part, without the prior written permission of Touritor. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Touritor.

  1. Hyperlinks

You are granted a limited, non-exclusive right to create a text hyperlink to the Site for non-commercial purposes, provided such link does not portray Touritor or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Touritor logo or other proprietary graphic of Touritor link to the Site without the express written permission of Touritor. Further, you may not use, frame or utilize framing techniques to enclose any Touritor trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Touritor’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any trademark, copyright or proprietary right of Touritor or any third party. Nothing contained on the Site may be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark, copyright or other proprietary right of Touritor or any third party without the prior written permission of Touritor or such other party that may own such trademark, copyright or other proprietary right(s).

  1. Dispute

    You are solely responsible for your interactions with other Touritor users and tour guides. Touritor reserves the right, but has no obligation, to monitor disputes between you and other Members and take appropriate action if Touritor, in its sole discretion, finds any violation of these Terms or other improper conduct.

  2. Privacy

    Touritor is committed to ensuring the privacy of the information Traveler give us. Our Privacy Statement is located on the Touritor Site.

  3. Disclaimer & Limitation of Liability

You agree that your use of the Touritor website shall be at your sole risk. To the fullest extent permitted by law, Touritor, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. Touritor makes no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site and assumes no liability or responsibility for:

(a) Errors, mistakes, or inaccuracies in Content; `

(b) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website and local personal tour guides;

(c) Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;

(d) Any interruption or cessation of transmission to or from our website;

(e) Any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party;

(f) Any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Touritor website; or

(g) Any product or service advertised or offered by a third party through the Touritor website or any hyperlinked website or featured in any banner or other advertising, and Touritor will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

The foregoing limitation of liability shall apply to the fullest extent permitted by law in each applicable jurisdiction. You specifically acknowledge that Touritor shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. Touritor makes no representations that the Touritor Website is appropriate or available for use in any particular location. Those who access or use the Touritor Website are responsible for compliance with local law.

Under no circumstances, including but not limited to any act or omission on the part of Touritor, will Touritor be liable for any indirect, incidental, special and/or consequential damages whatsoever which result from any use or access of, or any inability to use or access, this website or its content, including but not limited to any dealings with the tour guides.

  1. Indemnity

You agree to defend, indemnify and hold harmless Touritor, its parent or related corporations, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

(a) Your use of and access to the Touritor Website;

(b) Your use of the Touritor Service.

(c) Your violation of Terms;

(d) Your violation of any third party right, including without limitation any copyright, property, or privacy right;

(e) Any claim that one of your User Submissions caused damage to a third party; or

(f) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website or local personal tour guides.

  1. Severability

    If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions.

  2. Notice

    Any notice or other communication to be given here under will be in writing and given by facsimile, post-paid registered or certified mail return receipt requested, or electronic mail.

  3. Legal Claims

    For all disputes between Touritor and Traveler 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 Traveler and Touritor, 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 jurisdiction of courts, Lucknow, India, and you hereby irrevocably submit and attorn to the exclusive jurisdiction of the courts, Lucknow, India, in respect of all Disputes. Proceedings regarding Disputes must be commenced in a court of competent jurisdiction in the Lucknow City, Uttar Pradesh, India, within six (6) months after the Dispute arose. Any shorter time limit provided by statute or other law remains unaffected.

  4.  Miscellaneous Provisions

    Failure by Touritor to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right. These Terms of Use, and all other aspects of use of the Site, shall be governed by and construed in accordance with the law of jurisdiction of courts ,Lucknow , India.

    These Terms of Use and the Liability Release, if applicable, constitute the entire agreement between Traveler and Touritor with respect to the Site. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect. These Terms of Use inure to the benefit of Touritor, its successors and assigns.

    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.