End user terms
Tooristas provides its services to you, the customer, through its website located at http://www.tooristas.com/ and any of the subdomains of Tooristas.com as well as its application and related services, conditional on your acceptance without modification of the Terms and Conditions.
Your use of this website or the acceptance of the Terms and Conditions constitutes your agreement you have read, understood and agree to be legally bound by these Terms and Conditions.
You shall be completely responsible for all charges, fees, duties, taxes and assessments arising out of the use of this website. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
Access and use of the service
This service is offered to you so you may register for tours, activities, classes and events offered by different vendors. By agreeing to these Terms and Conditions you appoint Tooristas as your agent whose purpose is to book activities on your behalf through the vendors’ websites, applications, widgets etc. Tooristas provides this Service in order to facilitate your bookings with the different vendors. As a customer, you are solely responsible for selecting the activity, the vendor and the location at which the activity will be held. It is your sole responsibility to allow the Vendor to facilitate such activity and your decision to attend such event.
This website is for personal and noncommercial use only. All content and information present on Tooristas.com, as well as the infrastructure used to provide you with this content and information is proprietary to Tooristas. The use of this Website is conditional to your consent that you will not use this website or its content for any commercial or non-personal purpose, as well as for any purpose that is unlawful or prohibited by these terms and conditions.
While you may make limited copies of your travel itinerary (and related documents) for travel or services purchased through this Web Site, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, products, or services obtained from this Web Site. All rights not expressly granted herein are reserved.
You agree to immediately notify Tooristas of any breach of security when accessing the Service. Tooristas will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to service
Tooristas reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Tooristas will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General practises regarding use and storage
You acknowledge that Tooristas may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Tooristas’s servers on your behalf. You agree that Tooristas has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Tooristas reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Tooristas reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Although Tooristas aims to provide real-time schedule for its different vendors it is possible that a scheduling conflict might occur and force the Vendor to reschedule, modify or cancel your reservation. Using Tooristas to book your activities provides no guarantee the Vendor will honor the reservation you scheduled and in such case, Tooristas shall have no liability for the availability of the event to you.
By agreeing to these Terms and Conditions, you agree upon the fact that Tooristas doesn’t have any control with regards to the quality, suitability, reliability, durability, timing, legality and all other aspects of any of the activities offers to you and therefore will have no liability nor responsibility of any Vendors to you. As Tooristas will not inquire about the Vendor’s information or make background checks, there are no warranties made by Tooristas with regards to the events you have booked which are booked and payed at your own risk.
User safety obligations
At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by any Vendor. You hereby (1) agree to assume full responsibility for any and all injuries or damage which you may sustain or aggravate in connection with Events and (2) represent that you (a) have no mental or physical condition that would prevent you from participating in any Events, (b) do not have a mental or physical condition that would put you in any danger or pose any risk of harm in connection with your participation in any Events, and (c) have not been instructed by a physician to not participate in any Events.
Tooristas provides its services to you for as long as you consent to not use these Services in any way that might be harmful or illegal to the Services. Any content you upload, publish, post, email or display through the use of our Services such as, but not limited to videos, software, code, graphics, messages, are your own responsibility. Any illegal or prohibited use of the Services can lead to Tooristas investigating the use of its Services and taking the appropriate legal action by removing the prohibited content, deleting the accounts of those that committed such infringement or reporting the individuals to the law enforcement authorities.
You agree to not use the Service to: email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Tooristas, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Tooristas or its users to any harm or liability of any type; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or violate any applicable local, state, national or international law, or any regulations having the force of law; impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; solicit personal information from anyone under the age of 18; harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
To the extent, the Service or any portion of it is available in return for a fee, you will be required to provide information with regards to your credit card or any other payment instrument to Tooristas. You agree that any information you provide is true and that you are authorized to use the payment instrument. It is your responsibility to update your account information so that it is accurate and up to date.
You agree that the address and email address you provide in your account setting are valid and that Tooristas may invoice you at such addresses or through other electronic communications.
No show or cancellation policy
If you wish to modify or cancel any service you have booked through Tooristas, you must do so in accordance with each Vendor’s specified policies. In the event you haven’t provided enough notice or you fail to show up for your appointment you may be charged a cancellation fee in accordance with the Vendor policies as part of your Fees as is described in these Terms and Conditions.
If Tooristas charges your credit card in accordance to these Terms and Conditions, and that the payment is unsuccessful, Tooristas reserves the right to suspend your access to the service.
Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.
Intellectual property rights
Service content, software and trademarks
You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Tooristas, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Tooristas from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Tooristas, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Tooristas.
The Tooristas name and logos are trademarks and service marks of Tooristas (collectively the “Tooristas Trademarks”). Other Tooristas, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Tooristas. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Tooristas Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Tooristas Trademarks will inure to our exclusive benefit.
Third party material
Under no circumstances will Tooristas be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for 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 such content. You acknowledge that Tooristas does not pre-screen content, but that Tooristas and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Tooristas and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Tooristas, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User content transmitted through the service
With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Tooristas and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Tooristas are non-confidential and Tooristas will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Tooristas may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Tooristas, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Tooristas respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Tooristas of your infringement claim in accordance with the procedure set forth below.
To be effective, the notification must be in writing and contain the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Third party websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Tooristas has no control over such sites and resources and Tooristas is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Tooristas will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Tooristas is not liable for any loss or claim that you may have against any such third party.
Social networking services
In addition, Tooristas is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Tooristas is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Tooristas enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Indemnity and release
You agree to release, indemnify and hold Tooristas and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including, but not limited to property damage, bodily injury, death or emotional distress) arising out of or relating to your use of the Service, any Event, any User Content, your connection to the Service or any Event, your violation of these Terms of Service or your violation of any rights of another. The foregoing release and indemnification obligations will survive the termination of this Agreement and your use of the Services and participation in the Events.
Disclaimer of warranties
YOUR USE OF THE SERVICE AND PARTICIPATION IN ANY EVENT IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TOORISTAS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TOORISTAS MAKES NO WARRANTY THAT (I) THE SERVICE OR ANY EVENT YOU PARTICIPATE IN THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE OR EVENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR PARTICIPATION IN ANY EVENTS WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, EVENTS, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of liability
YOUR USE OF THE SERVICES OR PARTICIPATION IN ANY EVENTS ARE AT YOUR SOLE RISK. YOU ARE FULLY AND SOLELY RESPONSIBLE FOR AND AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL ACTIONS AND INTERACTIONS WITH OTHER USERS, INDIVIDUALS AND VENDORS YOU COME INTO CONTACT THROUGH THE SERVICES OR THROUGH THE PARTICIPATION IN ANY EVENTS. TOORISTAS IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES OR ANY VENDOR OFFERING THE EVENTS. TOORISTAS IS UNDER NO OBLIGATION TO, AND DOES NOT ROUTINELY, SCREEN ITS USERS OR VENDORS, INQUIRE INTO THE BACKGROUND OF ITS USERS OR VENDORS OR ATTEMPT TO VERIFY INFORMATION PROVIDED BY ANY USER OR VENDOR. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS OR VENDORS. PLEASE CAREFULLY SELECT THE TYPE OF INFORMATION THAT YOU POST ON THE SERVICES OR THROUGH THE SERVICES OR RELEASE TO OTHERS. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF VENDORS, OTHER PARTICIPANTS OR USERS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TOORISTAS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TOORISTAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL TOORISTAS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TOORISTAS IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED EUROS (€100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
You agree that Tooristas, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Tooristas believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Tooristas may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Tooristas may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Tooristas will not be liable to you or any third party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any Vendor or other user in connection with the Service and Tooristas will have no liability or responsibility with respect thereto. Tooristas reserves the right, but has no obligation, to become involved in any way with disputes between you and any Vendor or other user of the Service. In the event you have an issue and/or dispute with any Vendor, you must contact the relevant Vendor.
These Terms of Service constitute the entire agreement between you and Tooristas and govern your use of the Service, superseding any prior agreements between you and Tooristas with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Tooristas agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The failure of Tooristas to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Tooristas, but Tooristas may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Please contact us at email@example.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.