Introduction

Updated: December 15th, 2021


TourRadar Australia Pty Ltd ACN 613 408 414 (hereafter referred to as "TourRadar","we", "us", or "our") provides an online platform and as an agent to the Operators connects Operators who have knowledge and experience with a particular travel destination or activity with Travellers seeking to experience such destinations and activities (collectively with the Site and Application (each as defined below), the "Services"). The Services are accessible at www.tourradar.com and any other websites through which TourRadar makes the Services available, including without limitation our social media pages such as our Facebook fanpage, Twitter account, TourRadar Blog, YouTube profile, Pinterest profile and Google+ corporate page (collectively, the "Site") and any related applications (the "Application"). By using the Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below) and constitute a binding legal agreement between you and TourRadar. Please carefully read these Terms and our Privacy Policy and our Legal Notice, each of which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Services. Failure to use the Services in accordance with these Terms may subject you to civil and criminal penalties. TourRadar GmbH complies with the General Travel Terms and Conditions (ARB 1992).

THE SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH OPERATORS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR GROUP TOURS (DEFINED BELOW) AND TRAVELLERS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK SUCH GROUP TOURS. YOU UNDERSTAND AND AGREE THAT TOURRADAR IS ACTING AS AN AGENT FOR THE OPERATORS, NOT AS AN INSURER. TOURRADAR HAS NO CONTROL OVER THE CONDUCT OF OPERATORS, TRAVELLERS AND OTHER USERS OF THE SERVICES OR ANY GROUP TOURS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

• “Australian Consumer Law” means the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)).
• "Collective Content" means Member Content and TourRadar Content.
• "Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
• "Operator" means a Member who creates a Listing via the Services.
• "Listing" means a Group Tour that is listed by an Operator as available for booking via the Services.
• "Member" means a person who completes TourRadar's account registration process, including, but not limited to Operators and Travellers, as described under "Account Registration" below.
• "Member Content" means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Services.
• "Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.
• "TourRadar Content" means all Content that TourRadar makes available through the Services, including any Content licensed from a third party, but excluding Member Content.
• "Traveller" means a Member who requests a booking of a Group Tour via the Services, or a Member who participates in a Group Tour and is not the Operator for such Group Tour.
• “User” means any person who uses the Services.

 
Certain portions of the Services (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific portion of the Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that portion of the Services, or Collective Content, to the extent of the inconsistency. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR OTHERWISE THROUGH THE SERVICES YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES, OR COLLECTIVE CONTENT.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

TourRadar reserves the right, at its sole discretion, to modify the Services at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Services or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. Any changes will become effective immediately upon your acceptance of the modified Terms. You will be deemed to have accepted the modified Terms by continuing to use our Services following the modification, whether by, without limitation, creating a Listing or requesting the booking of a Group Tour. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.

The Services are intended solely for persons who are aged 18 years or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older.

The Services can be used to facilitate the listing, reviewing, searching, comparing, meeting other people, entering contests and booking of tours, cruises and other types of activities ("Group Tours"). Such Group Tours are included in Listings on the Services and are provided by Operators. You may view Listings as an unregistered visitor to the Services; however, if you wish to book a Group Tour or create a Listing, you must either register to create a TourRadar Account (defined below) or provide your email address.

As stated above, TourRadar as an agent to the Operators makes available an online platform with technology for Travellers and Operators to meet online, write reviews, search, compare, enter contests and book Group Tours. The Services we provide to you are collateral to that agency relationship. TourRadar is not an operator of Group Tours, nor is it a provider of Group Tours and TourRadar does not own, sell, resell, furnish, provide, manage and/or control any transportation, tour or travel services. TourRadar's responsibilities are limited to: (i) facilitating the availability of the Services (ii) serving as the agent of each Operator (iii) making travel bookings on behalf of the Travellers where necessary (which Travellers expressly authorise TourRadar to do) (iv) arranging relevant contracts between the Traveller and the Operator.

All bookings are subject to these Terms, you must not make any booking unless you understand and agree with these Terms. For bookings of groups we rely on the authority of the person making the booking to act on behalf of any other Traveller that is included in the booking and that person will bind all such Travellers to these Terms and is responsible for ensuring such other Travellers comply with these Terms. All bookings are also subject to the terms and conditions of the Operator. Before making any bookings, you should familiarise yourself with any terms and conditions of the Operator that apply. By using our Services to book a Group Tour you enter into a contract with the Operator with which you book a Group Tour with, and TourRadar acts only as an agent for the Operator. We are not a party to any contract between a Traveller and an Operator.  Your legal rights in connection with the provision of travel services are against the specific Operator and not us. If for any reason any Operator is unable to provide a Group Tour for which you have contracted, your rights in relation to a refund or damages are against that Operator and not against us.

The information provided to TourRadar and displayed in Listings (including the reviews and star ratings) is provided to us by Operators, other Users and other third parties. Although we take reasonable care to ensure that this information is correct, we cannot check the accuracy of such information. We accept no responsibility for information supplied to us by Operators and any third party and recommend you confirm all information, for example by contacting Operators directly to verify the information. Operators are a third party unrelated to TourRadar. Payment made through the Services is made through TourRadar’s payment gateway and received by TourRadar solely for the purpose of facilitating transactions between Members (although we are entitled to a Service Fee). Review and star ratings are provided purely for information purposes only and not a guarantee or warranty in respect of an Operator. We make no investigations to ensure the accuracy of any reviews and star ratings featured on the Site and you rely on such information at your own risk.

Without limitation to the above, if you are a Traveller, you acknowledge and agree that (a) before making a booking (i) you are responsible for reading the full Listing and any connected terms and conditions (including the terms and conditions of the Operator) (ii) you agree to the beforementioned Listing and terms including any limitations mentioned in the Listing (b) the Operator is solely responsible for providing the product or service detailed in the Listing (c) the Operator may alter the Listing at any time.

PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF GROUP TOURS. TOURRADAR CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND HAVE NO CONTROL OVER THE CONDITION, LEGALITY OR SUITABILITY OF ANY GROUP TOURS PROVIDED BY OPERATORS. TOURRADAR IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND GROUP TOURS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE TRAVELLER'S OWN RISK.

In order to access certain features of the Services, and to book a Group Tour or create a Listing, you must register to create an account ("TourRadar Account") and become a Member. You may register to join the Services directly via the Site or Application or as otherwise described in this section.

You may also be able to register to join by logging into your account with certain third party social networking sites ("SNS") (including, but not limited to, Facebook); each such account, a "Third Party Account", via our Site or Application, as described below. As part of the functionality of the Services, you may be able to link your TourRadar Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to TourRadar through the Services; or (ii) allowing TourRadar to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to TourRadar and/or grant TourRadar access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating TourRadar to pay any fees or making TourRadar subject to any usage limitations imposed by such third party service providers. By granting TourRadar access to any Third Party Accounts, you understand that TourRadar may access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account ("SNS Content") so that it is available on and through the Services via your TourRadar Account and TourRadar Account profile page. You agree that TourRadar may request your email address, access to photos; friends list to help verify your identity; share your updates and photos; and to be contacted by us. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your TourRadar Account on the Services. Please note that if a Third Party Account or associated service becomes unavailable or TourRadar's access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Services. You have the ability to configure certain portions of the connection between your TourRadar Account and your Third Party Accounts, at any time, by accessing the "Profile" section of the Services. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. TourRadar makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and TourRadar is not responsible for any SNS Content.

We will create your TourRadar Account and your TourRadar Account profile page for your use of the Services based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active TourRadar Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. TourRadar reserves the right to suspend or terminate your TourRadar Account and your access to the Services if you create more than one (1) TourRadar Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your TourRadar Account, whether or not you have authorized such activities or actions. You will immediately notify TourRadar of any unauthorized use of your TourRadar Account.

Data Backup

TourRadar performs regular backups on all servers to ensure critical files are never lost. However, TourRadar is NOT responsible for lost data, time, income or any other resource due to faulty backups or non-existent backups. Please always backup your own data.

Data Security

TourRadar will maintain appropriate technical and organisational measures to protect the security of your personal information. TourRadar does not guarantee that unauthorised third parties will never be able to defeat those measures to access your personal information for improper purposes. You acknowledge that there are risks inherent in internet connectivity that could result in the loss of privacy, confidential information and personal information. Accordingly, any personal information that is transmitted by you is transmitted solely at your risk.

You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Traveller taking of, a Group Tour in a Listing you post (i) will not breach any agreements you have entered into with any third parties (such as any agreements with or rules of employers or local tourism agencies) and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Group Tour included in a Listing you post, including, but not limited to, tourism, tour guide licensing laws, and other laws governing events and tours of public spaces and other venues and (b) not conflict with the rights of third parties. Operators acknowledge and agree that if they have represented that they can provide certain Group Tours, then they have the experience, qualifications and licences to do so and that they will provide the Group Tours to a high standard of honesty, integrity and business ethics. Please note that TourRadar assumes no responsibility for an Operator's compliance with any applicable laws, rules and regulations. TourRadar reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that TourRadar, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.

You understand and agree that TourRadar does not act as an insurer, only as an agent for Operators. If a Traveller requests a booking of your Group Tour and participates in your Group Tour, any agreement you enter into with such Traveller is between you and the Traveller. You acknowledge and agree that TourRadar is not a party to any agreement between Operators and Travellers, and acts only as your agent in featuring the Group Tour through the Services. Operator’s must honour any bookings made by Travellers through the Services. Unless otherwise disclosed, the Operator agrees not to impose different terms or a different cancellation policy than what is imposed on its non-TourRadar customers. When you create a Listing, you may also choose to include certain requirements, which must be met by the Members who are eligible to request a booking of your Group Tour. Any Member wishing to book Group Tours included in Listings with such requirements must meet these requirements.

If you are an Operator, TourRadar may make certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your Group Tour. You acknowledge and agree that, as an Operator, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who are present during the Group Tour at your request or invitation, excluding the Traveller. TourRadar recommends that Operators obtain appropriate insurance for their Group Tours. Please review any insurance policy that you may have for your Group Tour carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Travellers while participating in your Group Tour.

TourRadar does not endorse any Members or any Group Tours. Any communications entered into with another Member are at your own risk. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not guarantee the completeness, accuracy or reliability of any Member information. 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 Members. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from TourRadar with respect to such actions or omissions.
 

Bookings and Financial Terms for Operators
If you are an Operator and a booking is requested for your Group Tour via the Services, either you or TourRadar acting as the Operator's agent, will be required to either confirm or reject the booking, using your internal reservation system or staff, within the specified timeframe (which is generally within 24-48 hours of when the booking is requested, as determined by TourRadar in its sole discretion) or the booking request may be automatically cancelled. If you are unable to confirm or decide to reject a booking of a Group Tour within the specified timeframe, any amounts collected by TourRadar for the requested booking will be refunded to the applicable Traveller's credit card and any pre-authorization of such credit card will be released. When a booking is requested via the Services, we may share with you the first name, last name and contact email address of the Traveller who has requested the booking.

The deposit displayed on the booking page is generally based on the Operator's Terms as outlined on the booking page. Where applicable, Taxes may be charged in addition to the Group Tour Cost. The Group Tour Cost and applicable Taxes are collectively referred to in these Terms as the "Total Cost". The amounts due and payable by a Traveller solely relating to an Operator's Group Tour are the "Group Tour Cost". Please note that it is the Operator and not TourRadar which determines the Group Tour Cost. TourRadar will collect the deposit and/or the total cost at the time of booking confirmation (i.e. when the Operator confirms the booking within the specified timeframe) acting on behalf of the Operator. The Balance of Payment (defined as the Total Cost minus the deposit) will be payable directly based on the Payment Terms as stated by the Operator on the booking page. Operators understand and agree that once a Traveller has received a booking confirmation number, the price for such booking may not be altered.
You agree and acknowledge that any monies paid by you to TourRadar will not be held by us on trust for and on behalf of you and we may hold such monies in any account as we see fit, including with our own and/or other customer monies.

TourRadar may charge fees (and applicable Taxes) for the right to use the Platform. Any applicable fees are disclosed to you before making a Booking. Except as otherwise provided on the Platform, service fees form part of final price and follow the rules of each Booking in respect to cancellations and refunds. TourRadar reserves the right to change the service fees at any time. Fee changes will not affect prior made Bookings

Appointment of TourRadar as Agent for Operator

The Operator hereby appoints TourRadar as the Operator's agent to facilitate the booking of Group Tours. The Operator authorises TourRadar to promote and sell the Group Tours and any content contained in a Listing on behalf of the Operator through the Services and any other distribution channels ancillary to the Services. The Operator is solely responsible for ensuring the accuracy of information contained in the Listing. The Operator agrees that they are the provider of the Group Tours and accepts sole responsibility for refunds and returns of the Group Tours. The Operator will make the Group Tour available to Traveller in the agreed upon manner as described in their Listing. In accepting appointment as the authorised agent of the Operator, TourRadar assumes no liability for any acts or omissions of the Operator. You acknowledge and agree that TourRadar reserves the right, in its sole discretion, to introduce and collect other fees from you in accordance with the Modification Section of these Terms. Please note that TourRadar will provide notice of new fees via the Services, prior to implementing such new features.

Bookings and Financial Terms for Travellers

The Operators, not TourRadar, are solely responsible for honouring any confirmed bookings and making available any Group Tours reserved through the Services. You may place a booking by submitting the booking through the Services in accordance with these Terms. You acknowledge that submitting a booking through the Services is merely an offer by you to TourRadar acting as an agent for the Operator to purchase the Group Tour from the Operator. TourRadar and the Operator reserve the right in its sole discretion to either accept or reject an offer made by you for a Group Tour for any reason including without limitation if the requested Group Tour is not available, if there is a pricing error or if there is an issue on the Services. The availability and price of a Group Tour can change any time until you have received a booking confirmation number. The price is only guaranteed once we confirm your booking. Price changes may occur by reason of matters outside our control which may increase the cost of the Group Tour. This includes without limitation currency fluctuations, fuel surcharges and taxes. The price for the Group Tour will be the price as notified to you at the time of confirmation of your booking. Additional fees which have not been disclosed by the Operator or TourRadar to you at any time may also be payable in addition to the price quoted for the Group Tour. For example, you may be required to pay (without limitation) visa/border fees and local charges and taxes. 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 and payment of additional fees) 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 TourRadar acts as the agent to the Operator, and is not a party to any agreement between you and the Operator. With the exception of its obligations hereunder, TourRadar disclaims all liability arising from or related to any such agreements.

Any Deposit or Balance of Payment is due as stated 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 TourRadar 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 TourRadar will be refunded to such Traveller, depending on the selections the Traveller makes via the Site and Application, and any pre-authorization of such Traveller's credit card will be released, if applicable. You agree to pay TourRadar acting on behalf of the Operator for the Total Cost for any booking requested in connection with your TourRadar Account if such requested bookings are confirmed by the applicable Operator. You will be required to pay a deposit at the time the booking is confirmed. The amount for the deposit will be as specified on the Services at the time of placing your booking. Subject to your rights under the Australian Consumer Law, all deposits are non-refundable for changes of mind or cancellations by you. Failure to make payment in cleared funds by the due date may result in your booking being cancelled and deposits forfeited. Operators understand and agree that once a Traveller has received a booking confirmation, the price for such booking may not be altered. You authorise us to charge all monies payable by you in relation to any booking we make on your behalf or other services we have procured or provided.

In order to establish a booking pending the applicable Operator's confirmation of your requested booking, you understand and agree that TourRadar reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for either the Deposit or Total Cost or (ii) charge your credit card a nominal amount, not to exceed one Dollar (USD 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 you receive confirmation of your booking from the applicable Operator, TourRadar will collect the Total Cost Payment in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing acting on behalf of the Operator. Please note that TourRadar cannot control any fees that may be charged to a Traveller by his or her bank related to TourRadar's collection of the Total Cost, and TourRadar disclaims all liability in this regard. We reserve the right to charge a small processing fee for some payment methods.

In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information to either TourRadar acting on behalf of the Operator or its third party payment processor. You agree to pay TourRadar for any confirmed bookings made in connection with your TourRadar Account in accordance with these Terms by one of the methods as may be described on the Site or Application - e.g. by credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by TourRadar 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. If you are directed to TourRadar's third party payment processor, you may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

Service Fees

In consideration for providing the Services, TourRadar 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. Subject to your rights under the Australian Consumer Law (if any), all Service Fees are non-refundable including without limitation in the event the Operator is required to refund the Group Tour Cost to a Traveller.

 

Traveller Amendments
Traveller amendments such as a change of dates, or names are subject to the terms of the Operator and may be subject to additional costs.

Traveller Cancellations and Refunds
If, as a Traveller, you cancel your requested booking before the requested booking is confirmed by an Operator, TourRadar will cancel any pre-authorization 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 timeYou agree to pay TourRadar for the Total Cost for any booking requested in connection with your TourRadar Account if such requested bookings are confirmed by the applicable Operator. Once your booking is confirmed by the applicable Operator, you are subject to the cancellation and payment terms of the Operator. Effectively, the cancellation fee may be up to 100% of the cost of the booking with the Operator, in which case you will receive no refund in respect of the cancellation. This cancellation must be done via your booking conversation page. However if you are advised that your booking is an 'on request' basis, then above rules do not apply. This is because when a tour is 'on request' the Operator usually has to have their Operations Team submit special requests to their suppliers. So if the request comes back approved you will be charged for the full amount. However if the Operator cannot confirm your request you will receive a full refund. All payments made to us are deemed to be made to the Operator and we are not responsible for any refunds an Operator is required to give. Despite this, we may refund you where you seek a refund for a cancelled booking for which payment has been made to the Operator, where we receive a refund of the funds from that Operator. The Operator is solely responsible for the supply and provision of refunds of Group Tours. Each Operator will have their own refund policy and we encourage you to check with the Operator what terms will apply before making a purchase. Whilst Operators may be obliged by law to provide a refund or permit a cancellation, we make no representations that Operators will comply with such obligations and accept no responsibility if they fail to do so.

Operator Cancellations and Refunds

If an Operator cancels a confirmed booking made via the Services, a refund of only the Group Tour Cost for such booking will be made to the applicable Traveller within a commercially reasonable time of the cancellation and (ii) the Traveller may receive an email or other communication from TourRadar containing alternative Listings and other related information. If an Operator cancelled a confirmed booking and you, as a Traveller, have not received an email or other communication from TourRadar, please contact TourRadar at info@tourradar.com. Subject to any applicable laws, this is at all times subject to TourRadar receiving a refund of all amounts paid to the Operator on the Traveller’s behalf. If TourRadar has not received any refund of any amount from the Operator, then TourRadar is unable to provide you with any refund and you must pursue the Operator for the refund.
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 a Group Tour for reasons of inclement weather, you must contact the Traveller and TourRadar (at info@tourradar.com) 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 TourRadar 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.
As a Traveller, if you have contacted TourRadar as provided above and TourRadar is unable to find you a replacement Group Tour, TourRadar may refund the deposit for such booking to the applicable Traveller within a commercially reasonable time of the cancellation.

You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. TourRadar 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.

As part of the Services, TourRadar may provide a feature through which Members may view Payment for various Listings in foreign currencies. You understand and agree that these views of Payment are for informational purposes only and are not the official Payment for the Listings. If you (as a Traveller) request a booking, you will be notified of the currency in which you will be charged together with the corresponding amount of Payment, if your booking is confirmed by an Operator. The currency in which you will be charged may be determined by TourRadar based on the payment method you select and the location of the Group Tour in the Listing you are booking. If the currency in which you will be charged is different from the currency chosen by the Operator to receive payment, TourRadar will be responsible for the required currency conversion processing, including the costs thereof, which will be calculated based on the most current applicable foreign exchange rate that TourRadar has uploaded to the Site as of the date and time that your booking is confirmed (the "Applicable Exchange Rate"). You acknowledge that the Applicable Exchange Rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs because: (i) although TourRadar would update the Applicable Exchange Rate on a regular basis, it would not update such rate on a real-time basis; and (ii) the Applicable Exchange Rate may include an incremental cost or margin that is not included in the applicable market rate. For the avoidance of doubt, TourRadar would retain any profits (and will bear any losses) that result from such currency conversion processing due to changes in the applicable foreign exchange rate.

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of the Services, you may not and you agree that you will not:
 

• violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
• use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Content;
• use the Services for any commercial or other purposes that are not expressly permitted by these Terms;
• copy, store or otherwise access any information contained on the Services or Content for purposes not expressly permitted by these Terms;
• infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
• interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• use the Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
• use the Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to Group Tours;
• "stalk" or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a TourRadar Traveller or Operator;
• offer, as an Operator, any Group Tours that you do not yourself have permission to provide (without limiting the foregoing, you will not list Group Tours as an Operator if you are serving in the capacity of an agent for a third party);
• offer, as an Operator, any Group Tour that may not be provided pursuant to the terms and conditions of an agreement with a third party;
• register for more than one TourRadar Account or register for a TourRadar Account on behalf of an individual other than yourself;
• contact an Operator for any purpose other than asking a question related to a booking, such Operator's Group Tours or Listings;
• make any fraudulent, speculative or false enquiries, bookings, reservations or requests using the Services;
• contact a Traveller for any purpose other than asking a question related to a booking or such Traveller's use of the Services;
• when acting as a Traveller or otherwise, recruit or otherwise solicit any Operator or other Member to join third party services or websites that are competitive to TourRadar, without TourRadar's prior written approval (for clarity and without diminishing any of TourRadar's rights to enforce these Terms, TourRadar may cancel such offending Member's TourRadar Account, permanently block such Member from access to the Service, and take any legal action TourRadar deems appropriate against such Member, including by prosecuting such Member to the fullest extent of the law);
• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation or non-affiliation with any person or entity, or otherwise post any reviews that exhibit a conflict of interest (for example, by posting reviews for your or your employer's Listing);
• use automated scripts to collect information or otherwise interact with the Services;
• circumvent, or attempt to circumvent payment of the Service Fees in any way, for example by using the Services to find an Operator or Traveller and then complete a booking of a Group Tour transaction independent of the Services, whether or not you do so in order to circumvent the obligation to pay any Service Fees related to TourRadar's provision of the Services;
• as an Operator, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honour;
• post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii)      violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
• systematically retrieve data or other content from the Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
• use, display, mirror or frame any portion of the Services, or any individual element within the Services, TourRadar's name, any TourRadar trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without TourRadar's express written consent;
• access, tamper with, or use non-public areas of the Services, TourRadar's computer systems, or the technical delivery systems of TourRadar's providers;
• attempt to probe, scan, or test the vulnerability of any TourRadar system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by TourRadar or any of TourRadar's providers or any other third party (including another user) to protect the Services or Collective Content;
• forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Collective Content to send altered, deceptive or false source-identifying information;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Collective Content; or
• advocate, encourage, or assist any third party in doing any of the foregoing.

TourRadar will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. TourRadar may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. In particular, in the case of any solicitation, you acknowledge that TourRadar has no obligation (but we will) to monitor your access to or use of the Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. TourRadar reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that TourRadar, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.

You warrant that (a) you are responsible for all uses of the Services by you including those using the Services using your TourRadar Account and login details (b) you have considered acquiring travel insurance and we are not responsible for any failure by you to acquire adequate insurance cover and any losses you suffer as a result (c) your use of the Services and any information you provide is (i) accurate, current and complete; and (ii) not false, inaccurate or misleading.
 

See TourRadar's Privacy Policy and for information and notices concerning TourRadar's collection and use of your personal information.
By providing personal information to us, you agree that our Privacy Policy will apply to how we handle your personal information and you consent to us collecting, using and disclosing your personal information as detailed in our Privacy Policy.

The Services (including the Site and Application) and Collective Content are protected by copyright, trademark, and other laws of Australia and foreign countries. You acknowledge and agree that the Services (including the Site and Application) and Collective Content, including all associated intellectual property rights is the exclusive property of TourRadar and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services (including the Site and Application) or Collective Content.

TourRadar Content and Member Content License

Subject to your compliance with the terms and conditions of these Terms, TourRadar grants you a revocable, limited, non-exclusive, non-transferable license to (i) access and view any TourRadar Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, reverse engineer, decompile, translate, alter, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services or Collective Content (including any attempt to derive the source code of the Services), except as expressly permitted in these Terms or with the prior written permission of TourRadar. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by TourRadar or its licensors, except for the licenses and rights expressly granted in these Terms. If you are an Operator the licence granted to you under this section is extended for the commercial purposes of offering Group Tours to Members on the Services in accordance with these Terms.

Member Content

We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Services, you hereby grant to TourRadar a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Services. TourRadar does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content. Members acknowledge that we may sub-license our rights under the licence to third parties who may make use of the Member Content consistent with the licence. Members acknowledge and agree to waive any entitlement to moral rights that they may have as an author of Member Content (and warrant that they have obtained a waiver of moral rights from any person who may have such rights to the Member Content).

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to TourRadar the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or TourRadar's use of the Member Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You must not store illegal content on the Site and we will monitor our site regularly for such illegal content. Please be aware that if you upload illegal content you could be subject to a fine of up to €25,000. TourRadar is not liable or responsible for any loss that you may experience in submitting Member Content or for TourRadar’s use of the Member Content in accordance with the licence granted.

All travellers must have a valid passport for international travel. When you use our Services, we assume that you have a valid passport that will allow you entry into the country to which you are travelling. TourRadar is not responsible for ensuring that you have a valid passport, visa and re-entry permit and any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of the relevant authorities will be your sole responsibility. We encourage you to contact an external visa provider if necessary. We do not warrant the accuracy of information provided by any external service and accept no liability for any loss or damage which you may suffer in reliance on such information.

You must ensure that you are aware of any health requirements and recommended precautions relevant to your travel and ensure that you carry all necessary vaccination and medical documentation required by any applicable authorities. TourRadar will not be responsible for providing any information and accepts no liability for any loss or damage which you may suffer as a result of failure to be aware of health requirements.

Travel documents include any document used to confirm an arrangement with an Operator. An incorrect name on a travel document may result in an inability to use that booking and the booking may be cancelled without refund to you. Please review your travel documents carefully as you are solely responsible for ensuring the correct details are contained within them, and TourRadar accepts no liability for any loss or damage which you may suffer as a result of incorrect details on travel documents.

Travel Insurance
We strongly recommend that you take out appropriate travel insurance to cover your travel arrangements. Operators may require you to take our travel insurance. We are not responsible for any losses you suffer as a result of a failure by you to acquire adequate insurance.

Our Services come with a guarantee in accordance with the Australian Consumer Law that:

• they will be provided with due care and skill;
• they will be reasonably fit for the specified purpose;
• they can reasonably be expected to achieve the desired result; and
• they will be provided within a reasonable time.

If we fail to meet any of these guarantees, you may have rights under the Australian Consumer Law. Travellers acknowledge and agree that our Services do not include (without limitation) the provision of Group Tours.

TourRadar is not obliged to become involved in any dispute between an Operator and Traveller, and by becoming involved TourRadar does not become a party to the dispute.

Referral Program
TourRadar's Referral Program allows you as a traveler to invite friends who currently do not have a TourRadar account and who have never booked with TourRadar before (‘Friends”). Friends will earn discounts and/or travel credits if they make a qualified booking: Friends will receive a discount of ($50/£50/€50/₹4000 - depending on your country) off their first booking in case they book directly with TourRadar using your unique invite link or invite code.
The following restrictions apply:

• Members of TourRadar’s affiliate program may not simultaneously collect travel credits via their invite link. 
• To accumulate and redeem travel credits you must maintain a TourRadar account in good standing. 
• You may share your unique invite link via email and social media to friends and family. You may not share your unique invite link or invite code on public forums or coupon sites, otherwise TourRadar may terminate your account. 
• Violations of these terms and conditions may also lead to forfeiture of the credits in your account. 
• TourRadar reserves the right to cancel, revoke, or otherwise prevent the issuance of travel credits in any suspected case of fraudulence or misuse of this program and does not need to provide any details or explanation.
• TourRadar reserves the right to modify or discontinue the referral program either temporarily or permanently (or any part thereof) at any time. TourRadar is not liable to you in the event of any modification, suspension or discontinuance of this program. 
• Travel credits are not redeemable for cash or equivalents. 
• TourRadar's promo codes and travel credits cannot be applied on existing confirmed bookings.

Loyalty Program
TourRadar's Loyalty Program allows you as a traveler to earn TourRadar travel credits (“Travel Credits”) after every booking with a Gross Booking Value of at least ($1000/£1000/€1000/₹87000) made on TourRadar.  Gross Booking Value (“GBV”) means the total value of a completed booking as advised by the operator for the tour net of any discounts and promotions. The GBV does not include airfare, insurance, pre & post accommodations, extra transfers, extras & addons, discounted or familiarization staff travel and anything else similar in nature. Cancellations and refunds are also not included and will reduce the GBV.
Depending on the GBV, you will receive Travel Credits in the following amounts:

1. Bookings up to a GBV of USD5,000 (AUD5000,£5000, ₹400000, €5000) , earn USD50 (AUD50,£50, ₹3500, €50) in Travel Credits.
2. Bookings with a GBV from USD 5001 - USD 10,000 (AUD 5001 - AUD10000 ,£5001 - £10000, ₹375001 - ₹750,000, €5001 - €10000) , earn $150 ($150,£150, ₹12,000, €150) in Travel Credits.
3. Bookings with a GBV over USD10,000 (AUD10000,£10000, ₹750,000, €10000) , earn USD 250 ( AUD 250,£250, ₹18,500, €250) in Travel Credits.

Travel Credits will be deposited into your account after the respective Travel Adventure and may only be used as a discount for future Travel Adventure bookings.

Travel Credit Spending
A Traveller can only pay for 5% of the GBV of any Travel Adventure using Travel Credits. If a Traveller has more Travel Credits than the capped allowance the remainder of the Travel Credits will remain in the Travellers account and can be used for additional bookings.
 
DIscretional Travel Credits
TourRadar may in its sole discretion provide Travel Credits. These Travel Credits can be used on the same basis as outlined above for the TourRadar Referral and TourRadar Loyalty programs.
 
Discretional Promo Codes
TourRadar may in its sole discretion offer promo codes from time to time. Unless otherwise stated they have an expiry period of 30 days from implementation of the offer. Promo codes can only be used for bookings on the same basis as outlined above for the TourRadar Referral and TourRadar Loyalty programs. Only one promo code can be redeemed per booking and they can not be combined with Travel Credits.

The Services may contain links to third-party websites or resources, including without limitation links which will enable you to book flights and insurance. You acknowledge and agree that TourRadar is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by TourRadar of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources. Without limitation to the above, despite any website (including an application) which you may use to book flights or insurance featuring the name TourRadar (including in the URL of the website), TourRadar does not provide any flight booking or insurance services. Any such flight bookings and insurance purchases are made through the entity noted in the terms of use (or similar) featured on the relevant site. TourRadar is not a party to, and has no involvement in such bookings/purchases, and recommends that you familiarise yourself with the terms of use (or similar) featured on such websites (if any). TourRadar may receive a commission from a third party service provider in respect of flights booked or insurances purchased by you in this manner however that does not create any legal relationship between TourRadar and you.

All trademarks, service marks, logos, trade names and any other proprietary designations of TourRadar used herein are trademarks or registered trademarks of TourRadar. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services ("Feedback"). You may submit Feedback by emailing us at info@tourradar.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of TourRadar and you hereby irrevocably assign to TourRadar and agree to irrevocably assign to TourRadar all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At TourRadar's request and expense, you will execute documents and take such further acts as TourRadar may reasonably request to assist TourRadar to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

TourRadar respects copyright law and expects its users to do the same. It is TourRadar's policy to terminate in appropriate circumstances the TourRadar Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted.

We may, in our discretion and without liability to you, with or without cause (including in the event that you are in breach of these Terms), with or without prior notice and at any time: (a) terminate your access to the Services, and (b) deactivate or cancel your TourRadar Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event TourRadar terminates these Terms, or your access to the Services or deactivates or cancels your TourRadar Account you will remain liable for all amounts due hereunder. You may cancel your TourRadar Account at any time by sending an email to info@tourradar.com. Please note that if your TourRadar Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Services, including, but not limited to, any reviews or Feedback. Operators agree that should they cease their licence to use TourRadar's solutions, that the Tour Review content captured using TourRadar will still be available for use by the Operator subject to certain limitations and conditions. TourRadar's XML file must NOT be accessed. The reviewers Facebook ID or Profile image must NOT be used or displayed anywhere, and the Operator must comply with TourRadar’s Privacy Policy when accessing and using such content. Whenever the tour review content is displayed the following attribution MUST be properly and clearly provided to TourRadar on every page where this content appears: "These tour reviews were written on TourRadar.com" where 'tour reviews' must be a link to 'www.TourRadar.com'.

IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT TOURRADAR DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO, TRAVELLERS AND OPERATORS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. TO THE EXTENT PERMITTED BY LAW, THE SERVICES (INCLUDING THE SITE AND APPLICATION) AND COLLECTIVE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TOURRADAR EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
YOU ACKNOWLEDGE AND AGREE THAT TOURRADAR IS NOT ENGAGED IN ANY LISTING OR SUPPLY OF GROUP TOURS AND AS SUCH HAS NO CONTROL OVER AND DOES NOT PROVIDE A WARRANTY OVER THE ABILITY OF THE OPERATOR OR THE TRAVELLER TO UNDERTAKE THEIR RESPECTIVE OBLIGATIONS INCLUDING IN RESPECT OF A GROUP TOUR. TOURRADAR MAKES NO WARRANTY THAT THE SERVICES OR COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY GROUP TOURS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. TOURRADAR MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, GROUP TOURS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OR USER DETAILS OBTAINED THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TOURRADAR OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OPERATORS OR TRAVELLERS. YOU UNDERSTAND THAT TOURRADAR DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES OR TO REVIEW OR VISIT ANY GROUP TOURS. TOURRADAR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, TRAVELLERS AND OPERATORS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY TOURRADAR OR TAKE PLACE DURING AN GROUP TOUR. NOTWITHSTANDING TOURRADAR'S APPOINTMENT AS THE AGENT FOR THE OPERATOR, TOURRADAR EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY TRAVELER OR OTHER THIRD PARTY.

TOURRADAR PROVIDES THE SERVICES ON AN “AS IS” BASIS AND WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, TO THE EXTENT PERMITTED BY LAW. SUBJECT TO THE OTHER TERMS OF THIS LIMITATION OF LIABILITY CLAUSE, TOURRADAR EXCLUDES ALL RIGHTS, REPRESENTATIONS, GUARANTEES, CONDITIONS, WARRANTIES, UNDERTAKINGS, REMEDIES OR OTHER TERMS IN RELATION TO THE SERVICES THAT ARE NOT EXPRESSLY SET OUT IN THESE TERMS TO THE MAXIMUM EXTENT PERMITTED BY LAW.
SUBJECT TO THE IMMEDIATELY PRECEDING PARAGRAPH, TOURRADAR’S MAXIMUM AGGREGATE LIABILITY TO A USER FOR ANY LOSS OR DAMAGE OR INJURY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, INCLUDING ANY BREACH BY TOURRADAR OF THESE TERMS HOWEVER ARISING, UNDER ANY INDEMNITY, IN TORT (INCLUDING NEGLIGENCE), UNDER ANY STATUTE, CUSTOM, LAW OR ON ANY OTHER BASIS, IS LIMITED TO THE ACTUAL CHARGES PAID BY A USER TO TOURRADAR UNDER THESE TERMS IN THE 3-MONTH PERIOD PRECEDING THE MATTER OR EVENT GIVING RISE TO THE CLAIM. FOR THE AVOIDANCE OF DOUBT, ALL PAYMENTS IN RESPECT OF A GROUP BOOKING ARE DEEMED TO HAVE BEEN PAID BY A TRAVELLER TO THE OPERATOR. THE ONLY PAYMENTS MADE TO TOURRADAR ARE TOURRADAR’S SERVICE FEES SET OUT HEREUNDER.
NOTHING IN THESE TERMS IS INTENDED TO HAVE THE EFFECT OF EXCLUDING, RESTRICTING OR MODIFYING THE APPLICATION OF ALL OR ANY OF THE PROVISIONS OF PART 5-4 OF THE AUSTRALIAN CONSUMER LAW, OR THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISION, OR ANY LIABILITY OF TOURRADAR IN RELATION TO A FAILURE TO COMPLY WITH A GUARANTEE THAT APPLIES UNDER DIVISION 1 OF PART 3-2 OF THE AUSTRALIAN CONSUMER LAW TO A SUPPLY OF GOODS OR SERVICES. IF TOURRADAR IS LIABLE TO A USER IN RELATION TO A FAILURE TO COMPLY WITH A GUARANTEE THAT APPLIES UNDER DIVISION 1 OF PART 3-2 OF THE AUSTRALIAN CONSUMER LAW THAT CANNOT BE EXCLUDED, TOURRADAR’S TOTAL LIABILITY TO A USER FOR THAT FAILURE IS LIMITED TO, AT THE OPTION OF THE TOURRADAR:
 

• IN THE CASE OF SERVICES, THE RESUPPLY OF THE SERVICES OR THE PAYMENT OF THE COST OF RESUPPLY; AND
• IN THE CASE OF GOODS, THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS, OR THE REPAIR OF THE GOODS, OR THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS, OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED.

WITHOUT LIMITATION TO THE OTHER TERMS OF THIS LIMITATION OF LIABILITY CLAUSE, TOURRADAR EXCLUDES ANY LIABILITY TO A USER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS (INCLUDING WITHOUT LIMITATION EMOTIONAL DISTRESS) ARISING UNDER OR IN CONNECTION WITH THESE TERMS. NOTWITHSTANDING ANYTHING ELSE IN THIS LIMITATION OF LIABILITY CLAUSE, SUPPLIER’S LIABILITY WILL BE REDUCED TO THE EXTENT THE LOSS OR DAMAGE IS CAUSED BY OR CONTRIBUTED TO BY A USER, A USER’S EMPLOYEES, AGENTS OR CONTRACTORS.

You agree to release, defend, indemnify, and hold TourRadar and its related entities (as that term is defined in the Corporations Act 2001 (Cth)), and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, legal costs on a solicitor own client basis and professional expenses, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; and (c) your (i) interaction with any User, (ii) booking of an Group Tour, (iii) creation of a Listing or (iv) the use, condition or quality of an Group Tour, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of participating in or booking a Group Tour. This indemnity applies whether or not TourRadar has been negligent or at fault.

If you participate in a Group Tour with an Operator who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to TourRadar by contacting us with your police station and report number at info@tourradar.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

You may not assign or transfer these Terms, by operation of law or otherwise, without TourRadar's prior written consent which must not be unreasonably withheld. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. TourRadar may assign or transfer these Terms, at its sole discretion, without restriction and without notice. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Entire Agreement
These Terms contain the entire understanding and agreement between the parties as to the subject matter of these Terms. All previous negotiations, understandings, representations, warranties, memoranda or commitments about the subject matter of this document are merged in this document and are of no further effect. No oral explanation or information provided by a party to another affects the meaning or interpretation of this document or constitutes any collateral agreement, warranty or understanding.

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by TourRadar (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

These Terms are governed by the laws of Queensland, and the parties submit to the jurisdiction of the Courts of Queensland and relevant federal/Commonwealth courts competent to hear appears from them.

General
The failure of TourRadar to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of TourRadar. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible (by reading it down, rather than severing it to the extent possible) and the other provisions of these Terms will remain in full force and effect.

Travellers:
You agree that we may in our sole discretion award rewards and prizes to Travellers and others as we see fit and we will do not need to justify the methodology behind our decisions. The prizes and rewards supplied are not redeemable for cash and we reserve the right to cancel and withdraw any such rewards and prizes at our sole discretion without any justification required.

Operators:

Our Contest App Promotions are subject to these conditions:

• To access the current pool of contest entrants you must agree to allow TourRadar to notify your past and future entrants about new Contests within TourRadar's network.
• This does not mean TourRadar will provide the email addresses, names, etc of your entrants to other companies, we use Facebook's 1:1 Notification API to notify past entrants about new contests that have been started. The entrants have the right to unsubscribe from these Facebook notifications and have the choice to participate in any future Contests run by yourself or other companies in TourRadar's network.
• It is not possible to target specific entrants from other companies in TourRadar's network.
• If you don't agree with the above terms your Contest entrants will not be added to the pool and you can continue to run contests via your own Facebook Page, driving new entrants from your own marketing and advertising channels. VIP Airport Lounge Passes may be granted to Travellers who have booked their tour on TourRadar valued over USD400 in October 2014 irrespective of the travel date.
• TourRadar reserves the right in its sole discretion, to modify or terminate any rewards on the Services at any time and without prior notice. Rewards made available and their qualifications in respect of redeeming them will be as set out in the Services from time to time.