Terms & Conditions
Last update: October 30, 2016
This website is provided by Tour Search Limited whose registered office address is:
The Annex, Alder Carr Farm, Norwich, NR16 1SB
And whose company number is: 09778514 (England).
And whose VAT number is 229 59 59 58.
Section 1: Introduction
We strongly recommend that You read these Terms and Conditions carefully and in their entirety and print and save a copy of them for Your records.
They set out the terms of a legally binding agreement between You and Tour Search Limited
If You have any questions about these Terms and Conditions please contact email@example.com
These Terms and Conditions apply to all Users of this Website, whichever platform or device used to access it. They apply to regular and casual visitors, members, forum posters, bloggers and advertisers using the site for banners etc.
If any of these terms should be determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
If You do not accept these Terms and Conditions, or are not authorised to do so on behalf of Your business or work, You should immediately stop using this Website and cancel any subscriptions or memberships associated with it. Your continued use of the Website confirms Your acceptance of these terms.
If You use this Website in the course of Your business or work, You are also agreeing to these Terms and Conditions on behalf of that business.
Section 2: Definitions
“Tournado” means Tour Search Limited, whose registered office is at Tour Search Limited Office The Annex, Alder Carr Farm, Norwich, NR16 1SB, ENGLAND, and any subsidiary from time to time of Tour Search Limited also referred to as "We", "Us" and "Our".
“You” means any, and all casual surfers, regular visitors, members, forum posters, bloggers and advertisers using the site for banners, who land upon the site by choice or mistake.
"Websites" means the websites, mobile apps (iPhone and Android apps) and mobile sites (including their constituent pages) published by Tour Search Limited; and any other Website, mobile site, mobile apps (iPhone and Android apps) site, or web address owned or operated by a member of Tour Search Limited as may link to these Terms and Conditions from time to time.
“Contributions” means any unsolicited material, including (but not limited to) verbal, email, video, letters, texts, digital photographs or other images.
Section 3: Changes to These Terms and Conditions
We reserve the right to make changes to any part of this Website, including to these Terms and Conditions. If we change these Terms and Conditions, We will update the date above. If We make substantive changes, We will also place a button named Revised Terms and Conditions on every page of the site.
It is Your responsibility to check these Terms and Conditions for updates and changes from time to time.
If You use any part of the Website after We have published such changes, You will be agreeing to be bound to those changes.
If You do not agree to be bound by the changes then You should immediately stop using the Website and cancel any memberships or subscriptions associated with it.
Section 4: Termination
These Terms and Conditions are effective until terminated by either You or by Tour Search Limited. You may terminate these terms at any time by destroying all materials obtained from Tour Search Limited site and any related documentation and all installations or copies of these, howsoever made.
These Terms and Conditions will immediately terminate, without notice if in the sole discretion of Tour Search Limited You do not comply with any provision within them. Upon Termination, You must destroy all materials obtained from the Tour Search Limited site and all related documentation and all installations or copies of these, however made.
Section 5: Access and Use
The content of the pages of this Website is for Your general information and use only. It is subject to change without notice.
Neither We nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose.
You acknowledge that such information and materials may contain inaccuracies or errors and We expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this Website is entirely at Your own risk, for which We shall not be liable. It shall be Your own responsibility to ensure that any products, services or information available through this Website meet Your specific requirements.
This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, fonts and graphics. Reproduction is prohibited other than in accordance with the Copyright notice, which forms part of these Terms and Conditions.
All trademarks reproduced in this Website, which are not the property of, or licensed to the operator, are acknowledged on the Website.
Unauthorised use of this Website may give rise to a claim for damages and / or be a criminal offence.
From time to time this Website may also include links to other websites. These links are provided for Your convenience to provide further information. They do not signify that We endorse these Website(s). We have no responsibility for the content of the linked Website(s) and any breaches of criminal or civil laws or codes of practice that may be contained within them.
This Website is made available on the basis that We are excluded, to the extent permitted by law, from any terms implied by statute or otherwise and all liability for any loss or damage however it arises out of the use of this Website or reliance on its content.
We will not be liable to You for any interruption or delay that You experience in accessing the Website, whatever the cause.
No metatags, hyperlinks or other forms of linkage whatsoever to any other Website may be imposed on the Website unless express prior permission has been given by Tour Search Limited.
Access to particular areas of the Website, for example, the dating service and competitions may be subject to additional Terms and Conditions to which You confirm Your acceptance by entering these particular areas. If You do not accept those terms then You should immediately stop using those pages.
Tour Search Limited does not warrant that functions contained in the Website content will be available, uninterrupted or error free, or that defects will be corrected or that the content or the server(s) are available free of viruses or bugs.
If you are a registered user or subscriber, you are not permitted to share your user name and password with anyone else. A password is for one person’s use. Sharing a password means a copy of our content may subsequently be made by someone who is not authorised to do so. Password sharing is a breach of our terms and conditions and is likely to result in an infringement of copyright. We monitor usage to detect password sharing.
Section 6: Jurisdiction
Your use of this Website, these Terms and Conditions and any matters arising are subject to the laws of England and Wales. Any dispute is subject to the exclusive jurisdiction of the Courts of England and Wales, save as specifically provided otherwise. This Website is targeted only at, and goods and services are only available to, UK residents. Those who choose to access any Tour Search Limited material from any other location do so on their own initiative and are responsible for determining the usability and legality of the materials on the site.
Users also consent to the transfer, storage and processing of the Personal Data to/in countries outside the European Economic Area in connection with the processing mentioned above.
Users’ Personal Data may therefore be processed in countries where the rights and benefits conferred on data subjects may not be as favourable as in the UK and the European Union.
Users who would prefer not to have their Personal Data transferred in this way should make this clear by sending an appropriately worded message to: firstname.lastname@example.org
Section 7: Tour Search Limited’s Responsibilities
Tour Search Limited shall endeavour at all times to take responsible steps to ensure that there are no breaches of security on the web site.
Tour Search Limited accepts no liability or responsibility for any error, omission, technical inaccuracies or typographical errors, made on the Website either by itself or any of its Users.
Tour Search Limited accepts no liability as representatives of any advertising or services offered by Users on the Website.
No advertisement or service offered on the Website constitutes any legal offer or part thereof or contract. Tour Search Limited makes no warranty or representation that the items advertised for sales via the Website are offered free of encumbrances charge or other unexpired right in the terms, or that such advertising is a statement or representation of fact.
Tour Search Limited reserves the right without notice to You, to remove any material from the Website or to suspend or alter the operation of the Website or any of the services contained therein at its sole discretion or for legal or technical reasons. Tour Search Limited will endeavour as far as possible to give You as much notice as possible and if able.
Whilst Tour Search Limited shall commit to providing You with as much accurate and truthful material as possible in the Website, You should not rely upon any such opinion or recommendation by Tour Search Limited of the goods and services available and professional advice should be sought before purchasing any item on the web site or before entering into any legally binding agreement.
Section 8: Copyright
All information incorporated within this web site is © of Tour Search Limited 2016. This web site has been created for and on behalf of Tour Search Limited. Unauthorised use of Tour Search Limited trademarks, trade names and logos is prohibited. These works are protected by the copyright laws and treaties around the world. All such rights are reserved.
The content is also protected by trademark, patent, trade secret and other laws. We own and retain all rights in the content and the Website and the Services.
We hereby grant You a limited, revocable, non-sublicensable licence to display the content (excluding any software code) solely for Your personal, non-commercial use in connection with viewing the Website and using the services.
The Website and the Services contain content owned by Users and other licensors (“Third Party Content”). Except for content posted by You, You may not, unless specifically authorised by Us in writing, copy, modify, translate, publish, reproduce, commercially exploit, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Website or the Services.
You must not use it for reproduction on any other Website, or in any way for commercial purposes or gain not listed below (where a separate licence is required) unless You first obtain Our written consent.
You may retrieve and display content from the Website or the Services on a computer screen, print individual pages on paper, photocopy and store such pages in electronic form on disc (but not on any server or other storage device connected to a network) for Your personal non-commercial use and You may draw the attention of others within Your organisation to material posted on Our site.
You must not modify the paper or digital copies of any materials You have printed off or downloaded in any way, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on Our site must always be acknowledged.
You must not use any part of the materials on Our site for commercial purposes without obtaining a licence to do so from us or Our licensors.
The following systematic creation and/or use of links to this Website require a separate licence:
Utilising links to this Website received as part of a paid-for media monitoring service; and/or
Systematically forwarding links to this Website within a business or outside a business for business purposes; and/or
Copying or extracting data from this Website by means of robots, spiders, crawlers or other automatic devices or by any manual process used to systematically extract or copy web content.
Please contact the Our Webmaster email@example.com with any queries relating to copyright.
Section 9: Services
Tour Search Limited shall be entitled at any anytime to make changes to the services offered by this Website, without prior notification to the user in order to satisfy any security or statutory requirements and shall at all times determine the manner in which the services are provided.
Tour Search Limited will not be responsible for any failure to provide the services, or unavailability of the site as a result of any circumstances that are beyond its control and the user understands that all fees will still be payable in these circumstances.
From time to time We may provide additional services for You to download. However, the download time may vary considerably between the types of content and You agree that You are wholly liable and responsible for any telephone call and/or other charges incurred in downloading the same.
Section 10: Registration
You must be 18 to register on any part of this site and will be required to confirm your age when you first register.
Where any part of the Website requires that You register in order to use it, You are obliged to provide truthful, accurate and complete registration information.
You will be asked to provide your full name, email address and one, or preferably two telephone numbers when you register.
You will be asked to tick a Consent box at the point of registration. By ticking it, you are actively accepting that you have read these Terms and Conditions thoroughly, understand them, and agree to be bound by them to the full extent of the law.
It is Your responsibility to update and maintain any changes to that information (including Your email address) by altering Your details as appropriate.
Registration is at Your own risk and We will not be liable for any unauthorised transactions or communications made using Your user name or password.
You are responsible for the security and use of any user names or passwords needed to access the site or use the web site or any of the services provided by the Website. It is Your responsibility to ensure that, and You agree not to allow or assist any other person without express permission from Tour Search Limited, to access the Website, using your account or password.
Tour Search Limited will not accept any responsibility in the event another person or persons becomes a user and subsequently exhaust any credits given to You if You are placing and advertisement, without permission from You.
All Users of the Website who are required to comply with statutory law in order to trade within the United Kingdom, in particular Recruitment Agencies by using this site agree to abide by the Employment Agency and Business Act 1973 and Regulations.
At each point of data collection or registration Users are given the appropriate means to opt out of having their personal data passed on to selected third parties.
The DMA will not pass email addresses on to third parties for marketing purposes.
If Users do not opt out, the DMA may, in limited circumstances, share such data with carefully selected third parties who may contact Users (other than via email) regarding events, products, services, and training and education programmes that may be of interest to them.
Section 12: Competitions
Please see Our separate Terms and Conditions for competition entries.
By entering a competition, You will be deemed to have accepted those Terms and Conditions and to agree to be bound by them.
This includes competitions that We run on Our Facebook page. We undertake that all competitions on promotions on this page confirm to Facebook guidelines:
When you enter a competition through Facebook, we will gather and store your email address for the sole purpose of choosing a competition winner.
Section 13: Software and Security
We are not responsible for any technical or other issues that may arise if You download software from an external third party Website (e.g. Acrobat Reader) or upgrade Your browser software to enhance Your usage of the Website.
Section 14: Third Party Websites
This Website provides links to other websites. These links are for Your convenience only and do not signify that We endorse or undertake any responsibility for the content of or any transactions that You enter into relating to those linked sites. Use of third party websites is entirely at Your own risk and We take no responsibility for any of the content on those sites.
Section 15: Privacy, Cookies and Data Protection Policy
We are committed to respecting Your Privacy. This statement sets out how We comply with European Community data protection requirements. We are registered under the Data Protection Act 1998 Z2849686.
This Privacy statement applies to this Website only – it does not cover other websites to which We may provide links.
The processing of the personal data may involve Us disclosing Your details to regulatory bodies and / or other third parties.
If You do not wish Your Personal Data to be disclosed in this manner, You should make this clear by sending an appropriately worded message: firstname.lastname@example.org
Is it possible to access the Website without disclosing personal data?
Yes. You can visit the Website without identifying Yourself or revealing any personal information. Once You choose to provide Us with any information by which You can be identified, it will only be used in accordance with this Privacy Data Protection and Cookies Policy statement. You do not have to provide personal information to use the Site.
What information do We collect?
We collect the personal data that You volunteer on forms You submit to Us (for example in registering for membership services), and in emails You send to Us.
Registering via a Social Network
If You choose to register via a Social Network on Our registration page (“Social Network Registration”), You acknowledge and consent for Your data held by the Social Network site (subject to the Social Networks Terms and Conditions) to be processed and shared via a third party whom may be based outside of the European Economic Area and for such data to be processed by Us.
The only data obtained during the Social Network Registration may include:
Your email address
What do We do with the information We gather?
We require this information in order to understand Your needs and to provide You with a better service. We will also use it to send You any information You have requested – for example, Our e-Bulletin.
We may contact You for market research purposes or to give You information about new features on the Website. You will only be contacted if You have given Us authority to do so.
Do We disclose Your personal data to third parties?
We will ensure that Your personal data will not be disclosed to third parties except insofar as You have consented to such disclosure or We are required to do so by law. Your personal data may be disclosed to other companies within the Tour Search Limited Group.
Can I see the information You hold about me? And can I amend it?
You may request details of personal information which We hold about You under the Data Protection Act 1998. If You would like a copy of the information, please write to us at the address listed at the top of this page.
A £10 fee is payable for all requests made under the Data Protection Act.
If You believe that any information We are holding on You is incorrect, please write or email Us email@example.com We will correct any information which was found to be incorrect within 28 days and without charge.
If You have agreed to the disclosure of personal information and to receiving marketing and promotional information, but no longer wish to do so, then please contact Us at firstname.lastname@example.org
If You are unhappy with Our response, You can ask the Information Commissioner to assess whether the requirements of the Data Protection Act have been met. Write to The Information Commissioner at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.
Is the information You hold on me secure?
We are committed to ensuring that Your information is secure. In order to prevent unauthorised access or disclosure We have put in place physical, electronic and managerial procedures to safeguard and secure the information We collect online. All employees who have access to Your personal data are contractually obliged to respect Your confidentiality. We have put in place technology measures and security policies and procedures to protect personal information from unauthorised access, improper use, alteration, unlawful or accidental destruction or accidental loss.
Social Media Platforms
Communication, engagement and actions taken through external social media platforms that this Website and its’ owners participate on are custom to the Terms and Conditions as well as the Privacy policies held with each social media platform respectively.
Users are advised to use social media platforms wisely and communicate / engage upon them with due care and caution in regard to their own Privacy and personal details.
This Website nor its’ owners will ever ask for personal or sensitive information through social media platforms and encourage Users wishing to discuss sensitive details to contact them through primary communication channels such as by telephone or email.
This Website may use social sharing buttons which help share web content directly from web pages to the social media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save Your request to share a web page respectively through Your social media platform account.
Shortened Links in Social Media
This Website and its’ owners through their social media platform accounts may share web links to relevant web pages. By default some social media platforms shorten lengthy urls, for example: http://tinyurl.com/dy5wbzg
Users are advised to take caution and good judgment before clicking any shortened urls published on social media platforms by this Website and its owners.
Despite the best efforts to ensure only genuine urls are published many social media platforms are prone to spam and hacking and therefore this Website and its owners cannot be held liable for any damages or implications caused by visiting any shortened links.
This Website operates an email newsletter programme, used to inform subscribers about products and services supplied by this Website.
Users can subscribe through an online automated process should they wish to do so but do so at their own discretion.
Some subscriptions may be manually processed through prior written agreement with the user.
The following information explains Our legal position regarding email newsletters. If You do not agree with any or all of them, You should not sign to subscribe to an email newsletter.
Subscriptions are taken in compliance with UK Spam Laws detailed in the Privacy and Electronic Communications Regulations 2003.
All personal details relating to subscriptions are held securely and in accordance with the Data Protection Act 1998.
No personal details are passed on to third parties or shared with companies / people outside of the company that operates this Website.
Under the Data Protection Act 1998 You may request a copy of personal information held about You by this Website's email newsletter program. A small fee will be payable. If You would like a copy of the information held on You please write to Database & Subscriptions Manager, Tour Search Limited, The Annex, Alder Carr Farm, Norwich, NR16 1SB
Email marketing campaigns published by this Website or its owners may contain tracking facilities within the actual email. Subscriber activity is tracked and stored in a database for future analysis and evaluation. Such tracked activity may include; the opening of emails, forwarding of emails, the clicking of links within the email content, times, dates and frequency of activity, among other things. This information is used to refine future email campaigns and supply the user with more relevant content based around their activity.
In compliance with UK Spam Laws and the Privacy and Electronic Communications Regulations 2003 subscribers are given the opportunity to un-subscribe at any time through an automated system. This process is detailed at the footer of each email campaign.
Our emails may contain a single, campaign-unique “web beacon pixel” to tell us whether Our emails are opened and verify any clicks through to links or advertisements within the email. We may use this information for purposes including determining which of Our emails are more interesting to Users, to query whether Users who do not open Our emails wish to continue receiving them and to inform Our advertisers in aggregate how many Users have clicked on their advertisements. The pixel will be deleted when You delete the email. If You do not wish the pixel to be downloaded to Your device, You should select to receive emails from us in plain text rather than HTML.
Some subscriptions may be manually processed. By subscribing to a newsletter, we are giving your consent to manual processing.
What are Cookies?
Cookies are small text files stored on Your computer by Your browser. They are used for many things, such as remembering whether You have visited the site before, so that You remain logged in - or to help us work out how many new Website visitors We get each month.
They contain information about the use of Your computer but do not include personal information about You (they do not store Your name, for instance).
This policy explains how cookies are used on Our websites in general - and, below, how You can control the cookies that may be used on this site (please note that not all of them are used on every site).
You may delete and block all cookies from Our websites but if You do, some parts subsequently will not work.
Below, You can find out more about the cookies We use on Our websites, as well as information on how to turn off cookies, or change the cookie settings on Your browser.
1. Strictly Necessary Cookies.
These cookies are essential in order to enable You to move around the Website and use its features.
These cookies will:
Ensure that Our Website functions correctly
Facilitate a product selection or track a sales order You have made
These Cookies will not:
Gather information that could be used for marketing
Retarget advertising to You on other websites
2. Analytic Cookies
These cookies collect anonymous information about how visitors use Our Website to help us improve the way the Website works.
These Cookies will:
Provide statistics on how Our Website has been used
Measure any errors on Our Website and support improvements and test new designs
These Cookies will not:
Gather information that could be used for marketing
Retarget advertising to You on other websites
3. Personalisation Cookies
These cookies allow Our Website to remember certain choices You have made on the Website so that when You subsequently return, We can provide You with Your personalised settings. These are also used to recommend content We think You will be interested in based on what You have looked at before
These Cookies will:
Remember Your previous choices You have made on the Website
Remember if You have previously registered with Our Website
These Cookies will not:
Gather information that could be used for marketing
Retarget advertising to You on other websites
4. Ad management cookies
Ad Management cookies collect information about Your how You have used Our Website in order to make advertising relevant to You and Your interests elsewhere on the Internet.
These Cookies will:
Remember that You have visited Our Website and will allow third party networks to use the information to display relevant advertising or other content to You on other websites.
These Cookies will not:
Gather information that could be used for marketing
Retarget advertising to You on other websites
Third party cookies
Social sharing, video and other services We offer are run by other companies. These companies may drop cookies on Your computer when You use them on Our site or if You are already logged in to them.
If you do not wish to receive third party cookies, please see the following section.
Managing Cookie Settings Through Your Browser
Most web browsers automatically accept cookies but You can alter Your browser settings to prevent automatic acceptance or You can manually delete Your cookie history whenever You wish.
These links explain how You can control cookies via Your browser - remember that if You turn off cookies in Your browser then these settings apply to all websites not just this one:
Section 16: Indemnity
You agree to indemnify and hold Tour Search Limited, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, demand, claim or legal proceedings brought or threatened, including expenses of any character suffered or incurred arising out of Your use of the Website or the Services in violation of this agreement, and/or arising from Your use of or conduct on the Website or in use of the services and/or a breach of this agreement.
Section 17: Disclaimer
This site is provided on an "as is" and "as available" basis and Tour Search Limited makes no express or implied warranties or representations in relation to it. This included, without limitation, any implied warranties or representations of satisfactory quality, fitness for a particular purpose, availability, completeness or accuracy.
Tour Search Limited shall not take responsibility for any loss or damage arising from, or in any way connected with, Your use of the site or any information contained or derived from it (even when Tour Search Limited has been advised of the possibility of such loss or damage). This includes, without limitation, any damage for loss of profits, loss of information, loss of an opportunity, wasted expenditure or any other monetary loss.
Tour Search Limited shall not take responsibility for the availability or content of any external sites or resources to which it has hyperlinks and might not endorse or approve of any material on sites linked from or to this site. Any reference made by the site to any specific or non-specific commercial product, process or service (or the provider of such) by trade name, hyperlink or trademark, does not denote any endorsement or recommendation by Tour Search Limited. The content on the site maybe provided by third parties and other Users. Any statements, services, offers, opinions and advice expressed or made available by third parties (including without limitation information providers, Users and others) are those of the respective distributor, publisher or author and may not be taken for those of Tour Search Limited.
Tour Search Limited shall not be liable for any loss or damage arising from, or in any way connected with, any non-provision of all or any part of the service or site, including without limitation any failure of performance, error, omission, interruption, deletion, delay in operation or transmission, defect, communication line failure, wireless application protocol (WAP) failure, mobile app (iPhone and Android apps) failure, theft or destruction or unauthorised access to, alteration of or use of record, Tour Search Limited do not make any representation that the site or its servers will remain available to You or are free from viruses or other harmful components.
Neither Tour Search Limited nor any of its employees, agents, affiliates, content or service providers shall be liable to You or to any third party for any damages, whether indirect, direct, incidental, special or consequential (including without limitation any loss of data, profit, contract, opportunity or wasted expenditure) arising out of use of the service or site or an inability to gain access to the service or site or any breach of warranty pertaining to the service or site.
Tour Search Limited shall not be held liable for any loss or damage arising from any event or act beyond its reasonable control, including without limitation, war, civil disturbance or act of God.
Specific Terms and Conditions to Tournado and Tour Search:
Section 18: No Endorsement
Tournado and Tour Search does not endorse any Users or any Group Tours. In addition, although these Terms require Users to provide accurate information, we do not attempt to confirm, and do not confirm, any User's purported identity. You are responsible for determining the identity and suitability of others who you contact via the Services. We will not be responsible for any damage or harm resulting from your interactions with other Users. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Tournado and TNT Tour Search with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Users via the Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by an Operator against Tournado and Tour Search regarding the remittance of payments received from a Traveller by Tournado and Tour Search on behalf of an Operator, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability”.
Section 19: Bookings and Financial Terms Bookings and Financial Terms for Operators
If you are an Operator and a booking is requested for your Group Tour via the Services, you will be required to either confirm or reject the booking within the specified timeframe (which is generally within 24-48 hours of when the booking is requested, as determined by Tournado and Tour Search in its sole discretion) or the booking request will be automatically cancelled. If you are unable to confirm or decide to reject a booking of an Group Tour within the specified timeframe, any amounts collected by Tournado and Tour Search for the requested booking will be refunded to the applicable Traveller's credit card and any pre- authorisation of such credit card will be released. When a booking is requested via the Services, we may share with you the first and last name of the Traveller who has requested the booking. The Part Payment displayed on the booking page is based on the Gåroup Tour Cost. Where applicable, Taxes may be charged in addition to the Group Tour Cost. It is the Operator and not Tournado and Tour Search which determines the Total Cost. Tournado and Tour Search will collect the Part Payment at the time of booking confirmation (i.e. when the Operator confirms the booking within the specified timeframe). The Balance of Payment (defined as the Total Cost minus the Part Payment) will be payable directly to the Operator based on their Payment Terms as stated by the Operator on the booking page. However, please note that we will not be responsible for delays in remitting amounts, which can vary based on the bank, currency, location, etc.
Section 20: Appointment of Tournado and Tour Search as Payment Agent for Operator
Each Operator hereby appoints Tournado and Tour Search as the Operator's limited agent solely for the purpose of collecting payments made by Travellers on behalf of the Operator. Each Operator agrees that payment made by a Traveller to Tournado and Tour Search shall be considered the same as a payment made directly to the Operator and the Operator will make the Group Tour available to Traveller in the agreed upon manner as if the Operator has received the Part Payment. In accepting appointment as the limited authorised agent of the Operator, TourRadar assumes no liability for any acts or omissions of the Operator.
Section 21: Bookings and Financial Terms for Travellers
The Operators, not Tournado and Tour Search, are solely responsible for honouring any confirmed bookings and making available any Group Tours reserved through the Services. If you, as a Traveller, choose to enter into a transaction with an Operator for the booking of a Group Tour, you agree and understand that you will be required to enter into an agreement (including releases) with the Operator and you agree to accept any terms, conditions, rules and restrictions associated with such Group Tour imposed by the Operator. You acknowledge and agree that you, and not Tournado Tour Search, will be responsible for performing the obligations of any such agreements, that Tournado Tour Search is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Tournado and Tour Search disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Tournado Tour Search is not a party to any agreements between you and the Operator, Tournado and Tour Search acts as the Operator's payment agent for the limited purpose of accepting payments from you on behalf of the Operator. Upon your payment of amounts to Tournado and Tour Search which are due to the Operator, your payment obligation to the Operator for the Part Payment is extinguished, and Tournado and Tour Search will remit to the Operator the difference between the Part Payment minus the Agreed Commission. The Balance of Payment is then due to Operator directly as stated in within the Operators Terms contained in the Booking Page.
The Booking Page for a Group Tour will specify the Total Cost. As noted above the Operator is required to either confirm or reject the booking within the specified timeframe (which is generally within 24-48 hours of when the booking is requested, as determined by Tournado and Tour Search in its sole discretion) or the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Operator), any amounts collected by Tournado and Tour Search will be refunded to such Traveller, depending on the selections the Traveller makes via the Site and Application, and any pre- authorisation of such Traveller's credit card will be released, if applicable. You agree to pay Tournado and Tour Search for the Part Payment for any booking requested if such requested bookings are confirmed by the applicable Operator.
In order to establish a booking pending the applicable Operator's confirmation of your requested booking, you understand and agree that Tournado and Tour Search, on behalf of the Operator, reserves the right, in its sole discretion, to (i) obtain a pre-authorisation via your credit card for the Part Payment or (ii) charge your credit card a nominal amount, not to exceed one dollar (£1), or a similar sum in the currency in which you are transacting (e.g. one euro or one British pound) to verify your credit card. Once Tournado and Tour Search receives confirmation of your booking from the applicable Operator, Tournado and Tour Search will collect the Part Payment in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing.
Please note that Tournado and Tour Search cannot control any fees that may be charged to a Traveller by his or her bank related to Tournado and Tour Search’s collection of the Part Payment, and Tournado and Tour Search disclaims all liability in this regard. In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to Tournado and Tour Search or its third party payment processor.
You agree to pay Tournado and Tour Search for any confirmed bookings by one of the methods as may be described on the Site or Application - e.g. by credit card. You hereby authorise the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Tournado and Tour Search or indirectly, via a third party online payment processor or by one of the other payment methods as may be described on the Site or Application. Once your confirmed booking transaction is complete you will receive a confirmation email summarising your confirmed booking.
Section 22: Service Fees
In consideration for providing the Services, Tournado and Tour Search collects a service fee only from Operators ("Service Fees"). A Service Fee is made up of one (1) component: (i) a fee that is charged to the Operator based upon a percentage of the amount of the Group Tour Cost. Where applicable, Taxes may also be charged in addition to the Service Fee.
Services Fees are deducted from the Part Prepayment before remitting the balance, if any, to the Operator, within 24 hours of when the Traveller arrives at the applicable Group Tour (however, please note that we will not be responsible for delays in remitting Group Tour Fees, which can vary based on the bank, currency, location, etc.). Balances will be remitted by Tournado and Tour Search to Operators via cheque, direct deposit or other payment methods described on the Site or via the Application, in the Operator's currency of choice, depending upon the selections the Operator makes via the Services. Please note that for any payments by Tournado and Tour Search in currencies other than British Pounds, Tournado and Tour Search may deduct foreign currency processing costs from such payments.
Section 23: General Booking and Financial Terms Traveller Cancellations and Refunds
If, as a Traveller, you cancel your requested booking before the requested booking is confirmed by an Operator, Tournado and Tour Search will cancel any pre-authorisation to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. You agree to pay Tournado and Tour Search for the Part Payment for any booking requested if such requested bookings are confirmed by the applicable Operator. Once your booking is confirmed by the applicable Operator, your Group Tour is non-refundable, however if you provide notice of cancellation to the Operator before 100% of the Total Cost is non refundable (as defined in the Operators payment terms on the booking page).
Section 24: Unforeseen Circumstances Operator Cancellations and Refunds
If an Operator cancels a confirmed booking made via the Services, (i) Tournado and Tour Search will refund the Part Payment for such booking to the applicable Traveller within a commercially reasonable time of the cancellation and (ii) the Traveller may receive an email or other communication from Tournado and Tour Search containing alternative Listings and other related information. If the Traveller requests a booking from one of the alternative Listings and the Operator associated with such alternative Listing confirms the Traveller's requested booking, then the Traveller agrees to pay Tournado and Tour Search the Part Payment relating to the confirmed booking for the Group Tour in the alternative Listing, in accordance with these Terms. For clarity, in the event the alternative Group Tour is of a higher price than the former, you may be responsible for any difference in price.
Section 25: Cancellation in the Event of Inclement Weather
Certain Group Tours may be weather-dependent. Notwithstanding the foregoing, in the event of inclement weather, the Operator has the discretion as to whether the weather conditions will prevent the Group Tour from taking place. As an Operator, if you need to cancel an Group Tour for reasons of inclement weather, you must contact the Traveller and Tournado and Tour Search as early as possible. Subject to the Traveller's consent, the Operator and the Traveller may choose to reschedule the Group Tour for another date. If the Group Tour cannot be rescheduled, as a Traveller, please contact Tournado and Tour Search so we may assist in finding a replacement, non-weather-dependent Group Tour. For clarity, in the event the alternative Group Tour is of a higher price than the former, you may be responsible for any difference in price. In the event the alternative Group Tour is of a lower price, you may be entitled to a partial refund for the difference.
Section 26: Taxes
You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Tournado and Tour Search cannot and does not offer Tax-related advice to any Members of the Services. Additionally, please note that each Operator is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings.