This Agreement sets forth the terms and conditions between Touritor ® (herein referred to as “Touritor”) and users who provide tour guide services and their tours for sale on the Touritor.com website(herein referred to as “Tour Guide” or “You” or “Tourist Guide”).
This Agreement explains the relationship between You and Touritor, how You will publish yourtour guide profile, your tours for sale on Touritor ‘s website , what is the Touritor’s commission and receive the money from traveller. This agreement specifically limits our liability.
YOU MUST READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SITE OR GIVING PERMISSION TO TOURITOR TO DISPLAY YOUR TOUR GUIDE PROFILE OR TOUR AND TRAVEL SERVICES ON TOURITOR’S WEBSITE FOR SALE. 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. IF YOU DO NOT AGREE TO ALL PROVISIONS OF THESE TERMS, KINDLY DO NOT USE THIS WEB SITE.
Touritor connects You with travellers who are seeking to obtain tours and travel related services. We do this through our website, Touritor.com (“Site”), which is a communications and payment processing system for enabling this connection. As well as maintaining the website, Touritor handles customer service through telephone and email, markets the website through various means including search engine optimization, pay per click programs, public relations and advertising.
You understand that You are an independent contractor and are not an employee of Touritor. Further, You agree that the travellers who we connect with You are the customers of Touritor and You will use your best efforts to ensure that any sales resulting from such customers are processed through the Touritor website, or such other means as we mutually agree.
You acknowledge that communication between You and our customers will be through Touritor and your email-id or Phone number will be shared with the customers as and when needed. Tour guide should copy Touritor’s email id(firstname.lastname@example.org) in all of the conversation over mail with the travellers for quality control and training.
You agree that in case of violation of law as a Tour Guide for example, misbehaving or Harassing with Travellers, You will be responsible for all damage, liability and fines and could face legal action. In such scenario, Touritor will remove the Tour guide profile and its tour from Touritor website immediately and provide the necessary input during interrogation as required by authorities.
You represent and warrant to Touritor that You are aware of and are in compliance with any licensing and legal restrictions that may be placed on the delivery by You of any tours or travel related services.
You further acknowledge and agree that You shall be solely responsible for the supply of any equipment required for a particular tour or travel services provided by You pursuant to the terms of this Agreement, and that You shall ensure, prior to the commencement of any such tour or travel services, that such equipment is in good working order and complies with all applicable safety standards.
This “Tour Guide Agreement” should be read in conjunction with the ” Tour Guide Code of Conduct” and the ” Terms and Conditions of Use “. A copy of all these is posted under Policies.
You must be eighteen (18) or over to register as a Member and/or use the Website and/or the Service. Membership in the Service is void where prohibited. By using the Website and/or the Service, you represent and warrant that you are medically fit to provide Tour guide service and have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions herein. Also, You are authorised by Ministry of Tourism, India to serve as a Tour Guide in your said City or cities and adequately insured. You further represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. Your Membership may be terminated without warning and you may be barred from any future use of the Website and/or the Service if you provide any information that is untrue, inaccurate, not current, or incomplete, including but not limited to misrepresenting your age, or if Touritor has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete. You are solely responsible for all content shared by you to Touritor to be displayed under your profile on website, including but not limited to e-mail messages, and for your interactions with other users who use the website. Touritor reserves the right to refuse or revoke its association with any of the tour guide for any reason resulting in the loss of ownership for said user to use the website.
As per transaction processing model of Touritor, 20% of the total Tour Price for Tour Guide Service or for Tours provided by Tour guide will be collected by Touritor as a commission. Rest 80% of the total Tour Price would be paid directly by traveler after the completion of tour. Touritor website will display the rates of all the Tour Guide services and it’s Tours in USD. So if Tour guide would like to get balance amount (80% of the total Tour Price ) in INR then it should be notified to Traveler during the tour, in such scenario balance amount in USD would be converted to INR as per the foreign exchange applicable on that day. Otherwise the currency and amount for Tour outlined on the confirmation of booking is the legal amount due.
Touritor will not control the Tour rates and it’s up to Tour Guide to estimate their Tour Guide service or Tour Price judiciously and within the industry/government regulation. Tour Guide will be liable to provide any explanations to government or industry authorities in case of any questions asked on Tour rates.
Touritor will feature tour guide’s profile and its tour free of cost on its website.
Any conflict between Tour Guide and Traveler during the Tour or after the Travel is complete should be mutually discussed and resolve between both the parties in professional manner. Touritor will offer his support if required in best possible way within limits.
You acknowledge and understand above payment model and abide by it when you associate with Touritor.
Touritor will revisit the payment model and make necessary changes as required for the benefit of Tour guide/customer or Touritor in future at its own will.
Registration for Tour Guide on Touritor
Any individual or company who is able to enter into a legally binding and enforceable contract may apply to become a Touritor Tour Guide. Upon application through the Site, Touritor will begin the acceptance process. Details of this process are posted on the Site and may include telephone interviews, submission of documents, checking of references and completion of training and examination.
Stepwise registration process.
Step 1: If Tour guides are interested in getting associated with Touritor, they could e-mail their resumes to email@example.com and express their interest. Alternatively, Tour Guide could apply through Touritor’s website via Join Us.
“Tour Guide form” will ask for below details:
- Personal Details
- Educational Details
- Professional Details.
- Tour Details
Tour Guide will be responsible for any content shared with Touritor to be displayed on website and should always ensure that information should be true to their best knowledge without having any copy right/Trademark violation for third party .
Step-3: Once the above details are received, Touritor will review the documents and format the contents to be displayed on Touritor’s website.
Step-4: Before displaying the Tour Guide Profile and its tour details, Touritor will share (over mail) the screenshot/link with Tour Guide for final confirmation
Step-6: Once the confirmation is received from tour guide, Touritor will publish the content on its website.
Step-7: Touritor will share the url of tour guide profile to tour guide over mail and also further general instruction/ guidelines “How to Update the availability calendar“ , ”How to increase the number of visitor looking at your profile” etc . Initially for some months, the update of tour guide ‘s calendar will be co-ordinated by Touritor team and later on facility will be provided to Tour Guide so that they could update their calendar directly.
Step-8: Tour Guide could use this url link to request any potential traveler to review their profile and book the tour via Touritor.
Any change to the profile or Tour rates after it’s published on website, needs to be requested via mail.
Touritor may make use of a third-party verification service in order to perform background checks. These services may verify information such as name, address, Identity, and criminal background.
The success of the Touritor concept is based on the quality of the experience that You as a Tour Guide deliver. Therefore we are highly selective in the people we choose to work with.
We are committed to the success of our Tour Guides. Therefore, we may not accept additional Tour Guides in a particular area if we feel that the demand is satisfied by existing Tour Guides. Acceptance as a Tour Guide is at the sole discretion of Touritor and we reserve the right to refuse anyone for any reason.
Acceptance of “Tour Guide Code of Conduct”
You agree to abide by the Touritor “Tour Guide Code of conduct”. A copy of these rules can be found at Touritor.com and will be shared with you over mail as required.
Acceptance of “Terms and Conditions of Use”
You have read the Touritor “Terms and Conditions of Use” and understand that these terms and conditions govern your relationship with our customers. A copy of these terms and conditions can be found at Touritor.com and will be shared with you over mail as required.
Use of Site and Services
Touritor connects You with travelers who are seeking tours and travel related services. We do this through our website, Touritor.com. (“Site”), which is a communications and payment processing system for enabling this connection.
Upon our acceptance of you as a Tour Guide and receiving the required information from You, Your Profile, Your Tour details with rates would be published on our website. It will be then ready for customers to book your tour guide service or tours. Once Profile is published on Touritor’s website, You are also required to update your availability on a regular basis to Touritor over mail or any mechanism provided by Touritor.
Information Provided by You
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.
Grant of Limited License
By sharing content with Touritor for publish on Touritor’s Site, You:
a) Grant Touritor and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for the purpose of selling and marketing Touritor or your tour offerings; and
b) Warrant and represent that You own or otherwise control all of the rights to the content (shared with Touritor)and that use of your content by Touritor does not violate the rights of any third party.
c) In the event that content you share with Touritor violates the rights of a third party, you agree to indemnify us against any losses and liabilities that may result from the action of such third party against Touritor.
After confirmed booking, in case of cancellation due to any reason from Tour Guide side, Tour guide should inform Touritor immediately and provide the justification. Also to make up for the loss due to cancellation of confirmed booking , Touritor will charge commission of 20%+5% =25% (5% extra) during the next booking to make up for the loss due to cancelled booking.
If there is more than ‘30’ minutes delay in meeting the traveler then tour guide should extend the tour duration or provide extra service to traveler as feasible to make up for the delay.
More than one consecutive cancellation from Tour guide’s end will result in the removal of tour guide profile from the website without any prior information.
During no –turn up on the day of tour due to any reason, tour guide need to inform Touritor and traveler with due reason for no –turn up. In such situation, Tour Guide should offer alternate arrangement to the traveler or request to traveler for the re-schedule of Tour in advance. Also, Touritor will be strict in such scenario and may review its decision to be associated with the Tour Guide in future or not
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT THE USE OF THIS SITE IS AT THE YOUR SOLE RISK. TOURITOR 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. 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.
Limitation of Liability and Remedies
Under no circumstances will Touritor be liable to You for any indirect, incidental, consequential, special or exemplary damages arising from any provision of this Agreement. Furthermore, Touritor is not liable to pay any amount to Tour Guide for providing any of the Tour Guide service or Tour Guide’s tour .
Any notice or other communication to be given hereunder will be in writing and given by registered post/speed post with return receipt requested, or electronic mail.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to You insofar as they relate to implied warranties.
THERE WILL BE NO LIABILITY OF TOURITOR TOWARDS TOUR GUIDE UNDER ANY CONTRACTUAL, NEGLIGENCE, STRICT LIABILITY, INADEQUATE INSURANCE OR OTHER REASON.
Upon a request by Touritor, You agree to defend, indemnify, and hold harmless Touritor and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees that arise 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.
Touritor reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with Touritor in asserting any available defences.
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 You of any substantive and/or material changes to this Agreement or any policies posted on the Site. Such notice shall be by email and posting on the Site.
Term of Agreement
This Agreement will become effective immediately on your use of the Site or your confirmation to publish your Tour Guide Service or Tours and shall remain effective unless terminated by either party as provided hereunder. 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 of this Agreement, the “Tour Guide Code Of Conduct” or any applicable policy of Touritor as posted on the Site or sent over e-mail from time to time. In the event of termination or expiration, the following sections shall survive: Acceptance of ‘ Terms & conditions of Agreement’; Ownership; Disclaimer of warranties; Limitation of Liability and remedies ; Notice; and General Provisions.
For all disputes between Touritor 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 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 a court of competent jurisdiction.
If You initiate a Dispute against Touritor, then the Dispute must be commenced through the courts of Lucknow , Uttar Pradesh ,India , and You hereby irrevocably submit and attorn to the exclusive jurisdiction of the courts of Lucknow , Uttar Pradesh ,India in respect of such Disputes. Proceedings regarding a Dispute You initiate must be commenced in a court of competent jurisdiction in Lucknow , Uttar Pradesh ,India within six (6) months after the Dispute arose. Any shorter time limit provided by statute or other law remains unaffected.
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer 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.
Rules for Licensed Tourist Guide
Tour guide agree to adhere by the Guidelines from MoT, India as prescribed for the Licensed Tour Guide. You should be held responsible in case of violation.