Full Terms and Conditions for Tour Customer Amended December 12, 2016

Transcription

1 Full Terms and Conditions for Tour Customer Amended December 12, 2016 This agreement document lays out the terms and conditions between users who use the Tourbo services to buy travel services and tours ( You ) from individuals who offer travel related services and tours ( Tour Guides ) and Tourbo Ltd. ( Tourbo). The agreement document sets forth how You purchase travel services and tours and the specific limits of liability of Tourbo Ltd. You are required to read this entire Agreement document prior to using the App and prior to booking a tour. By using the App you agree to all terms and conditions in this Agreement document and you warrant that you fully comprehend; agree and accept all the terms and conditions contained in this Agreement document. 1.General Through the Tourbo App ( App ) Tourbo connects You with Tour Guides offering travel related services and tours. The Tourbo App is a payment processing system and a means of communication allowing You to connect with the Tour Guides. You accept that the Tour Guides featured on the App are independent contractors and that the Tour Guides are not Tourbo employees or agents. You acknowledge that you understand and specifically agree that Tourbo does not regulate the quality, legality, timing or any other aspect whatsoever of the Tour Guide delivered services neither does Tourbo control the integrity, responsibility or any of the Tour Guides actions whatsoever. Tourbo makes the utmost effort to monitor the Tour Guide profiles, services, comments and actions featured on the App and in the event that a Tour Guide does not adhere to Tourbo policy the Tour Guide will have privileges suspended. In using the App you agree to immediately inform Tourbo about any alleged improprieties of any Tour Guides. 2.Transactions You may search for tours and travel related services provided by Tour Guides on the Tourbo App. When a Tour Guide has accepted your request for services or tours and your payment for said services has been processed there is a binding contract between the Tour Guide and yourself. Once you have paid for the travel service or tour; if there is an issue relating to the service which cannot be resolved directly with the Tour Guide You should make contact with Tourbo and Tourbo will endeavor to resolve the issue. A third party service is used by Tourbo to process your credit card data. For more information in relation to that service you may contact Tourbo s credit card processing company (ies). You herewith agree not to hold Tourbo liable for any damages that may arise should any of your personal information be released by any third party parties.

2 3.Refunds If for any reason You wish to cancel a tour or travel service You must make the cancellation by or telephone and receive confirmation from Tourbo. According to the date on which you request the cancellation Tourbo will determine the portionate amount of the fee to be refunded to you as follows: 1. No refund will be provided for no-show or cancellation on the day of travel. 2. No refund for tours which include accommodations and flights. 3. Payments made with a credit card or through PayPal are subject to a 4% credit card commission fee. 4. Customers are obliged to remain with the tour at all times. Separation from the tour group may result in being left behind at the customer s own expense. It is strongly recommended that You purchase cancellation insurance. Under certain circumstances cancellation insurance can cover the entire cost. In certain cases the Tour Guide may have to cancel a tour or travel service in the event of bad weather or other circumstances. In a situation when the Tour Guide cancels a tour or does not deliver the travel service as promised, You may opt to reschedule the tour OR receive a full refund of all fees paid OR receive a credit towards an alternative travel service or tour. In the event that you opt to take a credit the difference in the cost between paid tour and the alternative tour will be refunded by Tourbo or paid by You depending if the alternative tour costs more or less than the original tour paid for by You. Tourbo is not culpable for any incidental expenses to You that may arise in relation to the travel service or tour booked on the Tourbo App including but not limited to expenses incurred for purchasing visas, non-refundable flights, vaccinations or any loss of enjoyment. In the event that a tour or travel service is canceled due to a force majeure you will be eligible for a full refund. *All quoted prices advertised are vat exclusive 4. Acceptance of Risk and Waiver of Liability You accept and acknowledge that all travel comes with an element of risk and that certain tours offered on the Tourbo App may involve adventures in nature which could comprise a significant measure of personal risk. You herein assume and accept all such risk and You, your heirs and assigns, your family and your estate hereby release the Tour Guide and Tourbo of all claims and causes of action whatsoever resulting from any death, injury or other damages both monetary and non-pecuniary to You that may result from your participation in the tours offers on the Tourbo App or as a result of negligence of any party including the Tour Guide or any agent, employee, assign of Tourbo, officer or contractor of Tourbo whether or not the negligence is active or passive. It is strongly recommended that You purchase medical insurance before booking a tour. Tourbo strongly advises you to exercise caution if you decide to buy any goods in the course of the tour. Neither the Tour Guide nor Tourbo vouch for the quality or source of any goods sold along the route of our tour.

3 6.Data Provided by You You are solely responsible for providing correct, complete and timely data when registering for and using the App. Tourbo is not culpable for any claims resulting from inaccurate, incomplete or untimely information provided to us by You. Your information will only be used by Tourbo in accordance with the Tourbo Privacy Policy. Every effort will be made by Tourbo to ensure that your personal information remains private, however Tourbo specifically disclaims any and all liability for any and all damage that may result in the event that any personal information be released to any third party. You herein agree that Tourbo is not responsible for any damages that may result. 7.Alteration of Terms of this Agreement Tourbo retains the right to modify this Agreement on occasion. Tourbo will notify You of any substantial and/or material changes to this Agreement or any policies published on the App by posting notification of such changes on the App. 8.Terms of Agreement This Agreement document takes immediate effect when You use the Tourbo App and remains effective unless terminated by either party in the manner described in this Agreement. Either party may terminate the Agreement by notifying the other party in writing or by of such termination. The termination of this agreement becomes effective immediately upon delivery of such notice to the other party. In addition Tourbo has the right to terminate this Agreement effective immediately in the event of any breach by You of this Agreement or applicable policies of Tourbo as published on the Tourbo App occasionally. Contingent upon the termination or expiration of this Agreement the following paragraphs will remain in force: 1.General; 4.Acceptance of Risk and Waiver of Liability; 6. Data Provided by You; 8.Terms of Agreement; 9.Intellectual Property Rights; 10.Notice of Trademark Rights; 12.Disclaimer of Warranties; 13.Limitation of Liability; 15.Legal Claims and 16.Miscellaneous Provisions. In the event that You should violate the Agreement terms Tourbo retains the right, without prejudice to any rights or remedies available to Tourbo to terminate your use of the Tourbo App effective immediately at Tourbo s sole discretion. 9.Intellectual Property Rights All graphics, formatting, text, editorial content, designs, data, graphs, HTML, photographs, sounds, look and feel, images, music, typefaces, software, videos and other content (herein referred to as Proprietary Materials collectively) that You read, hear or see on the Tourbo App is the property of Tourbo or is used by Tourbo with the permission of the owner. The Proprietary Materials are protected in all media, technologies and forms. You may not in any way download, copy, reconfigure, use, redesign or retransmit anything from the Tourbo App without first obtaining written permission from Tourbo.

4 10.Notification of Trademark Rights The trademarks and service marks of Tourbo including the Tourbo logo are service marks property of Tourbo. Any additional trademarks, logos, service marks and/or trade names featured on the Tourbo App are the property of their respective owners. You are prohibited from copying or using any and all of the marks, trade names or logos without first obtaining written permission from Tourbo or the applicable owner. 11.Privacy Tourbo is committed to safeguarding the privacy of data You give us. Our Privacy Policy can be seen on the Tourbo App. 12.Disclaimer of Warranties You specifically acknowledge and agree that using the Tourbo App is entirely at your own risk. Tourbo does not warrant that the App will function error-free or uninterrupted; nor does Tourbo warrant any results obtained by using the App or the reliability or accuracy of any information service or merchandise provided on the App. The Tourbo App is offered as is with no warranties whatsoever, implied or expressed including, but not limited to title warranties or implied warranties of suitability for a specific purpose or merchantability. 13. Limitation of Liability Under no conditions will Tourbo be liable to You for incidental, indirect, consequential, special or exemplary damages resulting from any provision of this Agreement document or from the provision of any services or tours bought from the App. In addition the TOTAL liability of Tourbo resulting with respect of this Agreement document and the App will under no circumstances exceed the total amount paid by You to Tourbo under this Agreement. 14.Notice Any and all notifications or communications given hereunder will be in writing and delivered by postpaid registered or certified mail return receipt requested, facsimile or Legal Claims All disputes between You and Tourbo relating to the Tourbo App; transactions facilitated or conducted through the Tourbo App; this Agreement; travel services and tours ordered or bought through the App; any related matters ( Disputes ) and dealings between Tourbo and You the parties will endeavor to reach the least onerous solution to the Dispute. In the event that a Dispute cannot be resolved by the parties the Dispute must be put before the courts of the City of Tel Aviv and You herein decisively and permanently submit and formally acknowledge the exclusive jurisdiction of the courts of the City of Tel Aviv in regard to all Disputes. All proceedings in relation to Disputes between Tourbo and You must be commenced in a court of competent jurisdiction in the City of Tel Aviv within a six month period following the time when the Dispute arises. Any shorter time limit set down in statute or other law remains unaffected. 17.Miscellaneous Provisions

5 If Tourbo fails to enforce any provision(s) of this Agreement document it shall not be misconstrued as a waiver of any provision or right. The Terms of Use and all other aspects of using the Tourbo App shall be determined by and construed in accordance with the laws of the State of Israel. The Liability Release and these Terms of Use make up the entire Agreement between Tourbo and You with relation to the Tourbo App. If there is a provision within these Terms of Use which is found to be unenforceable or invalid the provisions remaining will continue to be enforced to the fullest degree possible and remaining Terms of Use will continue to be in effect and enforced. These Terms of Use come in to effect to the benefit of Tourbo, its assigns and its successors. No part of this Agreement should be interpreted as making either Tourbo or You the partner, agent, employer, employee, joint venture, legal representative or contractor of the other. Neither You nor Tourbo shall have, or present itself to a third party as having the authority to make any statements, commitments of any sort, representations or to take any action that would bind the other party, except as provided for in this Agreement or authorized in writing by the party to be bound.

6 Supplier and Tourbo Agreement This document lays out the conditions and terms between the two parties - Users who have established a Supplier profile and created travel services and tours which are sold on the Tourbo App (referred to in this Agreement as You or Supplier ) and Tourbo Ltd (referred to in this Agreement as Tourbo ). This document defines the relationship between Tourbo and the Supplier ; how the Supplier sets up a profile; creates tours and travel services for sale and collects the money owed to the Supplier by Tourbo. This Agreement document specifically limits Tourbo liability. This Agreement document must be read by You prior to using the Tourbo site; establishing a profile and creating travel services and tours to sell on Tourbo. Using the App constitutes Agreement to all conditions and terms in this document and the Supplier warrants that the Supplier understands fully; accepts and agrees to all conditions and terms contained in this Agreement document. 1.General Through Tourbo You are connected with travelers seeking to book tours and travel services. Tourbo does this via our App, Tourbo ( App ) which comprises a payment process system and communications system through which to make the connection between You and travelers. In addition to maintaining the App, Tourbo conducts customer services via and over the phone; Tourbo also handles marketing of the App by a number of methods including SEO (search engine optimization); pay-per-click programs; advertizing and public relations. Depending on which transaction process model You have chosen Tourbo may collect payments on your behalf and forward it to You in a timely fashion. As the Supplier You accept that You are not an Tourbo employee but rather an independent contractor. In addition You agree that travelers connecting with You via Tourbo are Tourbo customers and You will make all effort to make sure that sales from these customers are processed through the Tourbo App or other mutually agreed means. The Supplier acknowledges that the communication between Tourbo customers and You may be monitored by Tourbo in order to improve the quality of services and for use in training. Tourbo reserves the authority to adapt the communicated messages sent by You to customers. If Tourbo edits messages You send to customers we will notify You of the changes implemented. You warrant and represent to Tourbo that You have full knowledge of and comply with any legal and licensing restrictions that may be places on Your delivery of travel related services and tours. You also agree, concede and acknowledge that You have sole responsibility for supplying any equipment necessary for a particular travel activity or tour provided by You in accordance with the terms of this Agreement document and that You will make sure, prior to the commencement of any such tour, activity or travel service that the said equipment is in good working order and is in compliance with applicable safety standards. 2.Supplier Approval Any company or individual may apply to be an Tourbo Supplier if they are capable of entering into a legally binding and enforced contract. Application is made through the Tourbo Site and the approval process is initiated. Specifics of the acceptance process can be found on the App. The acceptance process may entail reference checking, submission of documents, telephone interviews and the completion of any necessary examinations or studies. Tourbo may employ the services of a third party to carry out background checks. These third party services may be used to verify address, criminal background, name and social security number. The Tourbo concept s success depends on the quality of the experience provided to travelers by You the Supplier. For this reason Tourbo are extremely selective about the people we decide to work with. We are dedicated to the success of our Tourbo Supplier s. For this reason Tourbo can not approve any additional Supplier s in a specific area if in our opinion the demand is being met by existing Supplier s in that area. Approval of Supplier s is entirely at the discretion of Tourbo and Tourbo reserves the right to reject any application for any reason. 3.Agreement to Supplier Service Level Principles You accept to abide by Tourbo s Supplier Service Level Principles. Rules of The Supplier Service Level Principles are listed in the Tour Leader section of Tourbo. 4.Payments to Supplier s When Tourbo collects the entire fee paid by travelers for tour and travel services You provide, Tourbo will pay You, all funds received by us, less our share, subject to any deduction of funds withheld as described in section 9 below. Net 30 EOM payment - After an invoice has been received payment will be made in full within 30 days of the beginning of the following month.

7 Any advance payment required by You on your tour information page will be weekly. The fee collected for Supplier services, minus our share, will be paid by Tourbo after the tour has taken place; payment will be once a week. When, on the rare occasion Tourbo collects only the commission amount, no subsequent payment is due to the Supplier. 5.Agreement to Customer Terms and Conditions You acknowledge that you have read and understand the Tourbo Customer Terms and Conditions and that You accept the terms and conditions pertaining to your relationship with our customers. The terms and conditions can be found by following the appropriate link from our App / site. 6.Use of Services and Site Tourbo connects You with travelers interested in tours and travel related services. This is done through the Tourbo App (App) which functions as a payment processing system and communications platform enabling the connection between Supplier s and travelers. Once accepted as a Supplier by Tourbo, You may use the Site to set up a Supplier profile; App pages to present the tours You provide and use the calendar to indicate when You are available. Upon completion of these set-up actions Tourbo will review them and publish Your profile, App pages and calendar on the Tourbo Site. From that point Tourbo will start to collect bookings and appropriate payments on your behalf. We will not Tolerate complaints that supplier s leave business cards for the tourists. Since it hurts both our image and our business, we ask not to do so in any case. A supplier who doesn't comply and hands out business cards will be charged 20,000 shekels per lead. 7.Data Provided by Supplier You are liable for providing accurate, timely and full information to Tourbo in connection with your use of the Tourbo App. We are not liable in any way for claims relating to inaccurate information, untimely information or incomplete information supplied Tourbo by You. We will use the information You supply us only in accordance with our Privacy Policy. We will make every effort to assure the privacy of all additional personal information; however we specifically disclaim any and all liability for any damage resulting from the release of any information to any third parties. You hereby agree to hold Tourbo harmless for any and all resulting damages. 8.Grant of Limited License By posting content to the Tourbo App You: i) grant and agree that Tourbo, its licensees and affiliates have the right to use, display, reproduce, adapt, perform, distribute, modify, have distributed and promote the content in any way or form anywhere for the purpose of marketing or selling Tourbo or the tours You offer; ii)represent and warrant that You have ownership or otherwise control all rights to the content and that the Tourbo s use of your content does not in any way violate the rights of any third party. iii) in the event that You have uploaded content to your Tourbo App which violates the rights of a third party You agree to indemnify Tourbo against any liabilities and losses resulting from actions by such third party. 8.Transactions Travelers search for tours and travel services of Supplier s via the use of our App. Supplier s have the option of having Tourbo collect the fee for the Supplier services in its entirety through the Tourbo credit card payment process. Alternatively, but only in instances where it is not possible to remit money to You, the Supplier can have Tourbo collect just the booking fee. When this alternative is chosen the traveler will pay for the Supplier services bought at the time when the tour is taken, for the price and in the currency specified during the booking process. It is at Tourbo s discretion only to decide if and when You may use this option. In the event of Tourbo errors or extenuating circumstances Tourbo will process the necessary refund or credit. 9.Reimbursement The Tourbo customer Terms and Conditions explains how travelers can request reimbursement for an amount paid for a travel service or tour. When a refund is made, only the amount actually received by Tourbo (if any), minus our booking fee will be reimbursed.

8 Payments are made in several ways, depending on when the Supplier s account was approved. You have the right, at any time to request an alternative payment method from those offered by Tourbo. 10.Privacy Tourbo is dedicated to safeguarding the privacy of any information You have given us. You may review our Privacy Policy on the Tourbo App. 11.Warranties Disclaimer You specifically acknowledge and agree that by using the Tourbo App you are taking responsibility for full and sole risk. Tourbo makes no warranty that the Tourbo App will be error-free or uninterrupted; neither is any warranty made by Tourbo relating to the possible results which could be occur from using the App. The Tourbo App is supplied as is with no warranties, either specific or suggested, inclusive of, but not restricted to, implied warranties of merchantability suitability for a specific purpose or warranties of title. 12.Limitation of Liability and Remedies Tourbo will in no way be accountable to You for incidental, indirect, consequential, exemplary or special damages resulting from any part of this Agreement. In addition the TOTAL liability of Tourbo in regard to this Agreement and Tourbo App will not surpass the total fees collected by Tourbo and not yet paid to the Supplier in accordance with this Agreement. All notifications or other communication to be provided for under the terms of this document must be in written form and delivered by facsimile, return receipt requested, or certified or postpaid registered mail. Some territories or authorities do not honor the disclaimer of implied warranties. In such territories or authorities the aforementioned clauses may not be applicable to the Supplier to such an extent as in regard to implied warranties. Tourbo's maximum total liability under any contractual, strict liability, negligence or other reason will be restricted to the greater of (a) $1,000 or (b) the payments Tourbo has received on the Supplier s behalf and are unpaid to You. 13.Indemnification In the event that Tourbo makes the request, the Supplier agrees to indemnify, defend and hold harmless Tourbo and other affiliate companies, their employees, officers, directors and contractors from any and all liability, expenses (including lawyer s fees) and claims, resulting from your misuse or use of the Tourbo App. Tourbo reserves the right, at its own expense, to take on exclusive defense and control of any issue otherwise subject to indemnification by the Supplier, in such an event the Supplier is required to cooperate with Tourbo, determining any available defenses. 14.Modification of Agreement Terms Tourbo retains the right to alter this Agreement occasionally. Tourbo will notify You of any substantive and/or material alterations to this agreement or any policy posted on the Tourbo App. Notifications of this type will be made by and posted on the App. 15.Duration of Agreement This Agreement will take effect immediately when you use the App and will stay in effect unless canceled by either You or Tourbo. Either party can cancel this Agreement by notifying the other party in writing or by of such cancellation. The cancellation of this agreement will take effect immediately upon delivery of such notification to the other party. In addition, Tourbo retains the authority to cancel this Agreement instantly if this Agreement is broken in any way; breach of the Supplier s Rules of Conduct or any applicable Tourbo policy as posted on the App. If cancellation is implemented or if the Agreement completes its full term or duration the following sections will remain in effect: Duration of Agreement; Disclaimer; Limitation of Liability; Notice; General Provisions and Ownership. In the event that You violate the Agreement terms Tourbo reserves the right to terminate your use of the Tourbo App effective immediately at its sole discretion. 16.Legal Claim For any dispute arising between You and Tourbo relating to the Tourbo App; this Agreement; travel services and tours purchased or ordered through the App; transactions conducted or facilitates through the App; dealings between Tourbo and You or any other related issue ( Disputes ) the parties will endeavor to resolve the Dispute in the least onerous way possible. If the parties are unable to resolve the Dispute then the Dispute must be brought before a court having jurisdiction and due legal authority and You herewith irrevocably submit and acknowledge the exclusive jurisdiction of courts of the municipality of Tel Aviv, Israel in relation to any and all such Disputes. In the event that You initiate a Dispute against Tourbo the proceedings regarding given Dispute must be commenced in a court of competent jurisdiction in the municipality of Tel Aviv, Israel within 6 (six) months from the time the Dispute arose. If any shorter time limit is provided by statute or law it shall remain unaffected.

9 17.General Provisions In the event that Tourbo fails to implement any of this Agreement s provision(s) it will not be interpreted as a waiver of and rights or provisions. The Tourbo Terms of Use and all provisions and aspects regarding use Tourbo s App shall be interpreted in accordance with and determined by the laws and regulations of the municipality of Tel Aviv, Israel. These Terms of Use comprise the Agreement between Tourbo and You in its entirety with regard to the App. If a provision of Tourbo Terms of Use appears to be unenforceable or invalid the provisions which remain will still be upheld to the greatest degree possible and all Terms of Use remaining will continue to be in effect and in force. These Terms of Use are and shall remain in effect to the benefit of Tourbo, Tourbo assigns and successors. No part of this Agreement will be interpreted as constituting either party the agent, joint venture, legal representative, partner, employee or employer of the other. Nor will You or Tourbo have or present itself to a third party as possessing any authorization to make any declarations, any kind of commitment, representation or to take steps that would obligate the other party except as laid out in this Agreement or agreed to in writing by the party to be obligated.