Terms and Conditions
Effective November 16, 2020 for new accounts, or December 17, 2020 for existing accounts (see archived versions below).
Welcome to ToursByLocals!
Please read these “Terms and Conditions” carefully as they contain important information about your legal rights and obligations.
We operate a marketplace platform that connects users and independent tour guides. Our platform allows independent tour guides to market their tours and travelers to find and book guided tours, post reviews, and process payments. We do not publish, create, sell, control, offer, deliver, or supply any guided tour. We are not a travel agency or a tour operator, and we do not provide tours ourselves. When you make a booking, you are entering into a contract directly with an independent tour guide. In no event shall ToursByLocals be deemed a party to any agreement whereby you book a guided tour from an independent tour guide. The independent tour guides, and not ToursByLocals, are responsible for the tours they publish and for their guiding services.
IMPORTANT: PLEASE REVIEW THE LITIGATION CLASS ACTION WAIVER PROVISION CONTAINED HEREIN, AS IT REQUIRES THE PARTIES TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SITE AND/OR THE SERVICES.
These Terms and Conditions, as may be modified and amended from time to time, sets forth the terms on which:
(a) ToursByLocals Canada Inc., located at 1185 West Georgia Street, Suite 1200, V6E 4E6 Vancouver, British Columbia, Canada (“ToursByLocals”, “We”, “us” or “our”) provides services (“Services”) through its proprietary marketplace platform accessible via the www.toursbylocals.com website and subdomains (the “Site”) and/or over the phone and/or by email;
(b) to any person (“You”) that accesses the Site and/or uses our Services, which includes booking guided tours and related services (the “Tours”) from independent tour guides (the “Guides”).
2. Acceptance of These Terms and Conditions.
When You access the Site and/or use our Services, You hereby represent and warrant that:
(a) You have read, understand, and agree to comply with and be bound by these Terms and Conditions;
(b) You are an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country in which You are established;
(c) You are able to enter into legally binding contracts; and
(d) You are not forbidden by ToursByLocals to access and/or use the Site.
If You do not agree to be bound by these Terms and Conditions, You may not access and/or use the Site and/or our Services and should immediately leave the Site.
3. Scope of ToursByLocals Services.
We operate the Site, which is an online marketplace platform which allows the Guides to upload and publish their Tours, and You to search and book Tours, post reviews and process payments.
You may search for Tours and Guides using a variety of filters. Once You decide on a specific Tour, You may connect and conclude contracts directly with the Guides and through the Site.
We are constantly updating our Site and its functionalities. Therefore, We may modify and/or delete any functionality on the Site and/or introduce new ones from time to time.
4. User Account.
You may search for Tours and Guides through the Site without prior registration. In order to book Tours on the Site, You may be required to register to open an account and complete your profile with your personal details (Traveler’s Account). You shall not apply to open more than one Traveler’s Account on the Site.
The opening of a Traveler’s Account is at the sole discretion of ToursByLocals. We reserve the right to refuse to open a Traveler’s Account and/or cancel a Traveler’s Account without notice and liability, at our sole discretion, for any reason or for no reason.
You are solely and exclusively responsible for any claims relating to any inaccurate, untimely or incomplete information provided by You.
You are responsible for any activity on your Traveler’s Account, and shall keep your password confidential. If You are aware that any person has entered your Traveler’s Account without your permission, You shall inform ToursByLocals as soon as possible.
The Site lists many Tours uploaded by different Guides, each Tour containing a description of the characteristics and items included, such as description and itinerary (“Tour Terms”). You may send a message to the Guide with any inquiry about a certain Tour or to request a customized Tour. You may also choose to make a booking request to a Guide for a particular Tour by clicking the “Book Now” button, or any other button as may be modified. All Tours are invitations to You to make an offer to a Guide, except for the last-minute bookings (“Instant Bookings”) which may be booked automatically without a Guide’s acceptance. Once the Guide accepts and confirms your booking request, there is a binding contract between You and the Guide. The Guides are free to accept or reject your booking requests.
You shall review the Tour Terms before making a booking request to a Guide. Once your booking request is accepted by the Guide, You will be bound by the Tour Terms. These Terms and Conditions will prevail over the Tour Terms with respect to your relationship with ToursByLocals.
You understand and agree that due to the ongoing disruptions related to the Covid-19 pandemic the Tours itineraries may be subject to changes that are out of the control of the Guide. You agree that only changes that substantially impact the Tour itinerary will entitle You to cancel such Tour without cost.
6. Live Virtual Tours.
If You book a live virtual tour on our Site You agree with the following:
(a) hand-picked staff of ToursByLocals may randomly access any virtual tour session for technical quality purposes;
(b) the Guide owns or otherwise controls all of the rights to the live virtual tour and grants You a non-exclusive, worldwide, royalty-free, irrevocable, perpetual license to access and use the live virtual tour for personal and non commercial purposes only; and
(c) ToursByLocals is not responsible for any damages or technical malfunction of any hardware, network, or systems related to, or resulting from, the participation in a live virtual tour, including any injury or damage to any participant and to any person’s computer.
All the Guides set up their own Tour prices, which fully compensate the Guides for their services. The Guides may change the Tour prices without prior notice until a booking has been made. Tour Prices include all taxes.
You will ensure that any and all payments to the Guides are processed through the Site, or such other means as ToursByLocals may determine.
You will make payment of bookings by credit card or other form of payment available through the Site. We do not store credit card information. ToursByLocals uses a third party service to process your payment information for all transactions made through ToursByLocals. You authorize ToursByLocals and its payment service partners to process your payments. These payment processing services are governed by the terms and conditions of those third party services and will apply to the payments You make through their system.
Each Tour is displayed in its default currency. You may choose to pay for a Tour in other currencies available on the Site. You may select another currency when You search for Tours or make a booking request. Once You book a Tour, the Tour Price is fixed in such currency, even if exchange rates fluctuate between the time You book and the time You take your Tour. The exchange rates that the Site uses to convert Tour prices are set based on currency information services companies, such as Oanda.com, plus a ToursByLocals commission. Your bank or credit card company may apply different commissions and charges when selecting a currency other than your local currency.
8. Your Reviews.
You may have access to post Guides’ ratings and reviews (“Reviews”) and the Guides may respond to such Reviews. By uploading, posting or otherwise making available your Reviews on or through the Site, You:
(a) Grant to Us a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to your Reviews to access, use, reproduce, display, perform, adapt, create derivative works, modify, distribute, and promote your Reviews in any form, anywhere, in connection with ToursByLocals’ business, without your prior approval and/or notification. This license shall survive termination of your Traveler’s Account on the Site.
(b) Warrant and represent that You own or otherwise control all of the rights to your Reviews and that use of your Reviews by ToursByLocals does not violate the rights of any third party;
(c) In the event that your Reviews provided by You to ToursByLocals violates the rights of a third party, You agree to indemnify ToursByLocals against any losses and liabilities that may result from the action of such third party against ToursByLocals;
(d) Understand that other users of the Site will access your Reviews.
You will not upload, publish, and/or send any Review that: (i) is fraudulent, false, or misleading; (ii) is defamatory, obscene, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any Guide and/or user; (iv) promotes illegal or harmful activities, or (v) includes contact details.
We reserve the right to remove or modify, without prior notice, any Reviews alleged to infringe any intellectual property rights, or that violate these Terms and Conditions, and/or unpublish any Tours containing such Reviews.
Reviews reflect the opinions of the users of the Site and do not reflect the opinion of ToursByLocals. ToursByLocals may verify Reviews for accuracy but does not warrant they are correct or accurate. ToursByLocals shall have no liability for Reviews or for any claims resulting from such Reviews.
9. Cancellation Policy.
You agree with the terms of the Cancellation Policy and understand that any cancellation by You or by a Guide, and any related refund, will be processed in accordance with the Cancellation Policy in force at the time of your booking.
ToursByLocals may cancel any booking, in its sole discretion, if We believe in good faith that such cancellation is necessary to prevent or reduce any damages to any user of the Site and/or to ToursByLocals, or if the Guide’s Account is cancelled or suspended. We will reimburse and/or refund You and/or the Guide in accordance with the reasons for cancellation and with the Cancellation Policy. We will share the contact details between You and the Guide if the Guide’s Account is cancelled and You may choose to continue with your booking outside our Site.
Refunds will be sent back to the original payment method used in making the booking. Depending on the bank's processing time, it can take 10 business days for the refunds to reflect in your bank account or card balance.
ToursByLocals and the Guides are not responsible for any incidental expenses You and/or any other participant may have directly or indirectly incurred as a result of the booking of a Tour. These expenses include, but are not limited to, the cost of visas, accommodation, vehicle rental, vaccinations, flights and/or loss of enjoyment.
10. “No One Left Behind” Shore Excursion Policy.
Our Site allows You to search and book shore excursion Tours, which are identified and marked as a shore excursion tour type on the Site (“Shore Excursions”). In the unlikely event that You miss your ship after a Shore Excursion, ToursByLocals will arrange overnight accommodation and transportation to the next feasible port-of-call.
ToursByLocals will not cover overnight accommodation and transportation to the next feasible port-of-call if You miss the ship due to preventable reasons within your control, for example, if You deviate from the agreed-upon itinerary, become ill, get arrested, or provided wrong ship departure information.
You shall not make any arrangements for accommodation and/or transportation on your own. You will contact ToursByLocals to arrange your accommodation and transportation.
11. Rules of the Site.
You agree to the following provisions:
(a) Use of the Site. The Site shall be used for the purposes indicated herein and not for any illegal or unauthorized purposes. You may not use the Site to recruit, solicit, or contact Guides for business offers. Also, You may not use the Site to engage in harassing, stalking or any other inappropriate conducts.
(b) Contact Details. You agree not to give any personal contact details including full name, phone number, email, and/or social networks to the Guides before they accept a booking request.
(c) Communication with the Guides. You agree that all communications with the Guides and prior to the Tour will occur through the Site. ToursByLocals also handles customer service through telephone and email. ToursByLocals reserves the right to monitor communications between You and the Guides and review and edit those communications in case they do not comply with these Terms and Conditions (like containing contact details or including offensive language). You are solely responsible for, and shall exercise caution and judgment, in using the Site and disclosing personal information to the Guides.
(d) Communication with Us. You agree that ToursByLocals and the Guides may contact You via email, text messages, calls, and automated calls, to the phone number and email addresses You provide in your Traveler’s Account or otherwise provided to Us, to communicate to You, including but not limited to, any updates, changes, and/or important information related to any bookings.
(e) Guides’ Information. You agree that You will not use the Guide’s information for any purpose other than to participate in a Tour or in connection to other services contracted through the Site.
(f) Customer Disputes. You agree to work in good faith with ToursByLocals to address any customer disputes or complaints. If there are any issues that cannot be resolved directly with the Guide, You may contact ToursByLocals and we will attempt to help resolve the issue. We do not control the performance of the Guides nor their services and We do not guarantee to be able to resolve any given dispute.
(g) Purchase of Goods During a Tour. You should exercise caution if you purchase any goods during a Tour. ToursByLocals does not design any Tour, is not aware of any goods available for purchase during a Tour and does not make any claims about the quality, source or other provenance of any goods which may be available for purchase during a Tour.
(h) Unauthorized Access to the Site: You will not use the Site and/or Services in any manner that could damage, disable, overburden or impair the functioning of the Site, use data mining or any other method to extract data, apply reverse engineering, or access areas of the Site which You are not authorized to access.
(i) Surveys. You agree that by submitting any ideas, suggestions, and/or opinions (“Opinions”) to Us through our surveys and/or any other alternative means You represent and warrant that you have all rights necessary to submit your Opinions and You hereby grant to ToursByLocals a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to access, use, reproduce, display, perform, adapt, and distribute your Opinion in any form, anywhere, in connection with ToursByLocals’ business, without your prior approval and/or notification. This license shall survive termination of your Traveler’s Account on the Site.
(j) Links to other websites. The Site may contain links to third-party websites which are subject to different terms and conditions. We are not liable for, nor endorse, the content and/or services available through those websites. We recommend that You read and get familiarized with the terms and conditions of such websites.
12. Independent Contractor Relationship.
You understand, acknowledge and agree that all the Guides are independent contractors and not employees, agents, joint venturers or partners of ToursByLocals, and that the Guides act exclusively on their behalf and for their own benefit, and not on behalf, or for the benefit, of ToursByLocals.
You hereby understand and expressly agree that ToursByLocals does not direct or control the Guides generally or in their performance during the Tours, including, but not limited to, quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Guides, nor the integrity, responsibility or any of the actions whatsoever of the Guides. All Tours are uploaded and published by the Guides without any prior control and/or verification from ToursByLocals.
The Guides, and not ToursByLocals, are responsible for determining, understanding and complying with all laws, rules and regulations that apply to their activity and to the Tours provided to You.
13. Acceptance of Risk and Waiver of Liability.
We urge You to obtain suitable medical insurance prior to booking a Tour.
You acknowledge that all travel involves an element of risk. Also, some Tours may be adventurous in nature and may involve a significant amount of personal risk. We encourage You to ask the Guides for information and fully educate yourself about any risks, skills and level of fitness inherent to the Tour.
Also, We strongly encourage You to search for information about your destination to determine the level of risk when travelling to certain areas. We do not make any representation and/or warranty about any risk associated with any travel destination and We are not liable for any damage or loss that may arise out of, or in connection with, any such destination.
You hereby assume all such risk and You, your estate, your family, heirs and assigns hereby agree to release and hold harmless ToursByLocals, its parent, subsidiaries, affiliates, directors, and employees (“ToursByLocals Group”) from all liabilities and claims that arise from damages of every kind and nature, known and unknown, both pecuniary and non-pecuniary, including but not limited to, illness, bodily injury, disability and death to You and/or any other Tour participant, that may arise out of, or in connection with, the participation in a Tour.
THE TOURSBYLOCALS GROUP DOES NOT PUBLISH, CREATE, SELL, CONTROL, OFFER, DELIVER, OR SUPPLY ANY GUIDED TOUR. THE GUIDES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE TOURSBYLOCALS GROUP. THE TOURSBYLOCALS GROUP DOES NOT TAKE ANY RESPONSIBILITY AND IS NOT LIABLE FOR, AND THE GUIDE IS SOLELY AND EXCLUSIVELY RESPONSIBLE FOR, ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER DAMAGES OR EXPENSES, ARISING OUT OF, OR IN CONNECTION WITH, WITHOUT LIMITATION, (I) THE DELIVERY OF ANY TOUR, (II) THE PERFORMANCE OF THE GUIDE OR FAILURE TO PERFORM THE TOUR AND/OR THE GUIDE’S SERVICES, (III) ANY TRANSPORTATION SERVICE ASSOCIATED TO ANY TOUR, (IV) ANY OTHER SERVICE OFFERED OR DELIVERED BY THE GUIDE, (V) THE GUIDE’S ACTS OR OMISSIONS, REPRESENTATIONS, WARRANTIES, NEGLIGENCE, GROSS NEGLIGENCE OR WILFUL MISCONDUCT AND (IV) PERSONAL, BODILY INJURY, DEATH, PROPERTY DAMAGE TO YOU, THE GUIDE OR ANY OTHER PARTY. THE TOURSBYLOCALS GROUP’S RESPONSIBILITY IS LIMITED TO LISTING AND MAKING AVAILABLE THE TOURS AND OTHER ANCILLARY SERVICES THROUGH THE SITE.
ALTHOUGH WE PERFORM CERTAIN LIMITED SCREENINGS ON THE GUIDES, WE DO NOT GUARANTEE THE EFFICACY AND/OR ACCURACY OF SUCH PROCESS AND, THEREFORE, WE DO NOT GUARANTEE THE RELIABILITY OF THE GUIDES. ALSO, WE MAY NOT CONDUCT IDENTITY VERIFICATIONS AND WE ARE NOT RESPONSIBLE FOR THE IDENTITY VERIFICATION OF ANY USERS OF THE SITE, INCLUDING THE GUIDES.
DUE TO THE NATURE OF TOURSBYLOCALS SERVICES, TOURSBYLOCALS DOES NOT GUARANTEE THE CONTINUOUS AND UNINTERRUPTED AVAILABILITY AND ACCESSIBILITY OF THE SITE. THE SITE IS PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TOURSBYLOCALS DOES NOT MAKE OR GIVE ANY REPRESENTATION OR WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, TOURSBYLOCALS MAY RESTRICT THE AVAILABILITY OF THE SITE IF THIS IS NECESSARY IN VIEW OF CAPACITY LIMITS, THE SECURITY OR INTEGRITY OF OUR SERVERS, OR TO CARRY OUT MAINTENANCE MEASURES FOR THE PROPER OR IMPROVED, MODIFIED OR ENHANCED FUNCTIONING OF THE SITE.
15. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT THE TOURSBYLOCALS GROUP SHALL EITHER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LIABILITIES WHETHER IN ACTION BASED IN CONTRACT, WARRANTY, STRICT LIABILITY, TORT OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY SUCH PARTY.
IN NO EVENT SHALL THE TOURSBYLOCALS GROUP’S LIABILITY TO YOU OR ANY OTHER PERSON ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE EXCEED, IN THE AGGREGATE, THE TOTAL AMOUNT PAID BY YOU FOR A PARTICULAR BOOKING WITH RESPECT TO WHICH SUCH LIABILITY RELATES, PLUS A 25%, OR IN THE CASE OF ANY LIABILITY NOT RELATED TO A PARTICULAR BOOKING THE TOTAL AMOUNT PAID BY YOU IN THE 12 MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, PLUS A 25%, OR FIVE HUNDRED U.S. DOLLARS (US$500), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS IN THIS SECTION SHALL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY IN THESE TERMS AND CONDITIONS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
16. Your Liability and Indemnification.
You agree to defend, indemnify, and hold harmless the ToursByLocals Group from all liabilities, claims, losses and expenses, including attorney’s fees, that may arise, directly or indirectly from, as a result of or in connection with (i) your use of the Site and/or the Services and/or your participation in a Tour, including any damages, whether to persons or property, or death to any person, (ii) your Reviews, and (iii) any violation by You of these Terms and Conditions, including any infringement of any rights of third parties. The ToursByLocals Group reserves the right, at its own expense, to assume the exclusive defense and control of any claim subject to indemnification by You, in which case You agree to cooperate with the ToursByLocals Group in asserting any available defenses.
17. Intellectual Property.
The Site is protected by copyright, trademark, and/or other laws. All trademarks and logos used on or in connection with the Site are trademarks or registered trademarks of ToursByLocals.
You acknowledge and agree that the Site and all its components, texts, graphics, data, designs, look and feel, photographs, sounds, images, software, videos, and other content, including all associated intellectual property rights (“Proprietary Material”), are the exclusive property of ToursByLocals and/or its licensors or authorizing third-parties, and is protected in all forms, media and technologies. You may not copy, download, use, edit or retransmit any Proprietary Material, in whole or in part, without the prior written permission of ToursByLocals.
18. Force Majeure.
We shall be relieved from liability for partial or complete failure to fulfill obligations under these Terms and Conditions due to force majeure circumstances. In case of force majeure, We shall notify You on the commencement and cessation of circumstances preventing Us from fulfilling our obligations.
19. Amendments to the Terms.
ToursByLocals may modify these Terms and Conditions from time to time in its sole discretion. If we make changes to these Terms and Conditions, we will post the updated Terms and Conditions on the Site. If You continue accessing the Site and using the Services, then You are deemed to have accepted the amended Terms and Conditions. If You do not agree to the amended Terms and Conditions, You will terminate these Terms and Conditions before the date they become effective, and will stop accessing the Site and using our Services.
20. Term and Termination.
These Terms and Conditions will become effective immediately upon your use of the Site and/or our Services and shall remain effective unless terminated by either party as provided hereunder.
You may terminate these Terms and Conditions at any time by sending us an email, which shall be effective immediately upon delivery of such notice. If You terminate these Terms and Conditions, your account will be automatically cancelled, all bookings from You will be cancelled and any refund and/or payment to the Guide will be made in accordance with the Cancellation Policy.
ToursByLocals may terminate these Terms and Conditions for convenience at any time by sending You an email to your registered email address, which shall be effective immediately upon delivery of such notice. If We terminate these Terms and Conditions, We may cancel any of your bookings and refund You the amounts previously paid for those bookings. You will not be entitled to any compensation for termination and/or cancelled bookings.
ToursByLocals may, at its sole discretion and without notice, terminate these Terms and Conditions at any time, and/or cancel or limit your access to your account if You have materially breached any obligation under these Terms and Conditions.
When these Terms and Conditions have been terminated, You are not entitled to a restoration of your account and, if terminated by
ToursByLocals, You shall not apply for a new account or access and use the Site through another account.
In the event of termination or expiration, the following sections shall survive: Acceptance of Risk and Waiver of Liability, Disclaimer, Limitation of Liability; Your Responsibility and Indemnification, Term and Termination; and General Provisions.
21. General Provisions.
(a) Waiver. Failure by ToursByLocals to enforce any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.
(b) Governing Law. The Services are provided by ToursByLocals Canada Inc., a Canadian corporation. These Terms and Conditions, and all other aspects of the use of the Site, shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada.
(c) Entire Agreement. Except for any additional terms included in the Site - excluding the Tour Terms uploaded by the Guides -, these Terms and Conditions constitute the entire agreement between You and ToursByLocals with respect to the subject matter of these Terms and Conditions.
(d) Severability. If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain valid and enforceable to the fullest extent possible and shall remain in full force and effect.
(e) Successors. These Terms and Conditions shall be binding on You and ToursByLocals, and their successors and assigns.
(f) Notice. Any notice or other communication to be given hereunder will be in writing or electronic mail to any of the following addresses: to the Company: 1185 West Georgia Street, Suite 1200, V6E 4E6 Vancouver, British Columbia, Canada and firstname.lastname@example.org; and to You: to the address and email listed in your Traveler’s Account.
(g) Litigation Class Action Waiver. To the extent allowed by applicable law, You agree that any proceeding to litigate in court any dispute arising out of, or relating to, these Terms and Conditions, will be conducted solely on an individual basis, and You agree not to seek to have any controversy, claim or dispute heard as a class action or any other type of representative proceeding.
(h) Dispute resolution. You agree that You will attempt to resolve any and all disputes in the least onerous manner. If You and ToursByLocals are not able to resolve disputes by agreement, then You agree to first mediate any dispute between the Parties to be conducted in British Columbia, Canada, with mediation fees divided equally between You and ToursByLocals. In the event that litigation is commenced by either You or ToursByLocals, You agree to submit to the exclusive jurisdiction of the courts of British Columbia, Canada. You agree not to file a complaint or other commencement of litigation more than six (6) months after the relevant dispute arose.
Effective October 14, 2013 to December 16, 2020, except for new accounts created from November 16, 2020 onward.
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.