TourRadar Terms and Conditions

Updated: December 15th, 2021
 

1.1. TourRadar GmbH, based in Vienna, Austria ("TourRadar"), acts as an intermediary for travel operators (“Operators”) and provides a website (including its social media channels and mobile applications, jointly the “Platform”) for Operators to offer, market and sell package tours within the meaning of Directive (EU) 2015/2302 to you (the “Traveler”) and Travelers to evaluate and compare Operators, participate in competitions, write reviews and enjoy other related offers (together the“ TourRadar Services”). TourRadar provides the TourRadar Services in accordance with statutory provisions.
 
1.2. These terms and conditions apply to all TourRadar Services and govern the rights and obligations arising out of the Traveler’s use of the Platform. 
 

• If you have your place of residence or business in the European Economic Area (“EEA”) or the United Kingdom, your use of the Platform is subject to these Terms of Use for European Users.
• For Travelers with a place of residence or business in Australia, the use of the Platform is subject to the Australian Terms of Use.
• For Travelers with a place of residence or business in Canada, the use of the Platform is subject to the Canadian Terms of Use. 
• For Travelers with a place of residence or business in all other jurisdictions, the license agreement with TourRadar is subject to the US Terms of Use.

By accessing, browsing or using the Platform, you agree to be bound by these terms and conditions. Please read these terms and conditions and our privacy policy (insert link) carefully. When you act on behalf of a company or any other legal person, you warrant that you have the authority to act on behalf of the company and to bind that company to these terms and conditions.
 
1.3. Please note that the contractual relationship between the Traveler and the Operator is subject to the respective Operator’s terms and conditions in effect at the time of the booking. Without a special agreement or without special notice, the transport conditions and tariff regulations issued on a legal basis by the responsible transport authority or on the basis of international agreements apply to transport services.
 
1.4 The TourRadar Services are intended solely for persons who are aged 18 years or older. Any access to or use of the Platform by anyone under 18 years is expressly prohibited. By accessing or using the Services and the Platform you guarantee that you are 18 years or older.

2.1. TourRadar operates the Platform on which Operators can offer and market life-enriching travel experiences such as multi day tours, cruises, adventure trips, luxury travels and other travel activities (individually or jointly “Travel Experiences”).
 
2.2. The Travel Experiences are independently created, offered and carried out by the Operators at their own discretion and responsibility. TourRadar is solely acting as a commercial agent for the Operators. TourRadar is not an Operator, nor a provider of Travel Experiences, nor a representative or proxy of an Operator nor an insurer. TourRadar does not own, sell, resell, furnish, provide, manage or control any transportation, tour or travel services and does not act as an agent to the Travelers. TourRadar's responsibilities are limited to operating the platform, providing the TourRadar Services and serving as the commercial agent of each Operator. In particular, TourRadar has no control over the behavior of Operators, Travelers and other users of the platform.
 
2.2. Travel Experiences are booked directly with the respective Operator. To conclude a travel agreement with an Operator on the Platform, the Traveler must accept the travel offer.
 
2.3. TourRadar undertakes to inform the Traveler on its Platform before the Traveler is contractually bound about the following:
 
2.3.1. In the case of package travel, TourRadar hands the traveler the relevant standard information sheet on package tours and in the case of related travel services, TourRadar hands over the relevant standard sheet on related travel services and informs the Traveler about the statutory requirements.;
 
2.3.2. The essential characteristics of the Travel Experience. In addition, information can generally be viewed on the website of the respective Operator;
 
2.3.3. General information on the suitability of the Travel Experience for people with reduced mobility;
 
2.3.4. General passport and visa requirements of the country of destination. In addition, general information on passport and visa requirements as well as health formalities for Travelers with Austrian citizenship can be found by selecting the appropriate or desired country of destination at https://www.bmeia.gv.at/ - or, for other EU citizens, from their respective representative authorities. It is assumed that a valid passport is generally required for trips abroad, the validity of which, along with any necessary visa, is the sole responsibility of the Traveler. The Traveler is also responsible for compliance with applicable health formalities.
 
2.4. Special requests by the Traveler are generally non-binding, as long as they have not been confirmed by the Operator. TourRadar only commits to forward special requests and inquiries of the Traveler to the Operator. A binding performance commitment however is only available upon confirmation by the respective Operator.
 

3.1. When using the Platform and the TourRadar Services, you undertake to provide all required personal information in a timely, complete and truthful manner. In particular, you will provide upfront information on all circumstances and restrictions affecting the performance of the Services by TourRadar and the Operator (e.g. special needs such as food intolerance, restricted mobility or state of health).
 
3.2. Travelers who make a booking for themselves or on behalf of third parties (such as fellow travelers) through the Platform are deemed to be the client and, in the absence of any other declaration, accept the obligations arising out of their use of the Platform under these terms and conditions. By using the TourRadar Services for themselves or others, the Traveler agrees to inform the person(s) of these terms and conditions. The Traveler further accepts that he is responsible for all bookings and travel reservations made by persons under his control. The Traveler guarantees that all information that he provides directly or indirectly through third parties is true, complete and accurate and that the Traveler is not an unaccompanied minor. Any exploratory, manipulative, speculative, false or fraudulent booking (inquiry) is prohibited without restriction.
 
3.3. The Traveler undertakes to check all contractual documents transmitted by means of the TourRadar Services (e.g. travel contract, booking confirmation, vouchers) for factual correctness and completeness (spelling mistakes, e.g. name, date of birth, special travel requirements) and to report any recognizable errors or defects in the activity of TourRadar immediately after they are discovered.
 
3.4. Travelers with restricted mobility, pregnant Travelers and Travelers who require special medical care must inform TourRadar of their special needs at least 48 hours before the start of the journey.
 
3.5. Travelers must immediately report any perceived breach of contract, taking into account the respective circumstances, so that the respective Operator can be put in a position to quickly remedy the lack of conformity on site, provided this is possible with reasonable effort. The Traveler is advised to file any complaints in writing using the TourRadar Services and in particular the Booking Management Page, especially for reasons of evidence. If the Traveler fails to report a lack of conformity, this can be credited to the Traveler. The mere report of a lack of conformity alone does not trigger any legal obligations on the side of TourRadar or the Operator. 
 
3.6. The Traveler is obliged to pay the contractually agreed fees in due time and will indemnify and hold TourRadar harmless for any damage caused by delay.
 
3.7. The Traveler must inform TourRadar without delay in the event that he receives payments arising from claims for damages or price reduction due to breach of contract.

4.1. The Operators will generally confirm or reject a booking request within 24 to 72 hours. As soon as the booking transaction is completed (including successful (down) payment), the Traveler receives a booking confirmation via email with a summary of the contract.
 
4.2. Immediately after payment of the full travel price, the Traveler will be provided with the complete booking documentation including receipts, travel documents, trip information and vouchers (if applicable).
 
4.3. The contract text and your booking data are saved by TourRadar to process the contractual relationship. The contract language is German.

5.1. The Traveler will be informed about minor and insignificant changes to the content of the booked Travel Experience, which the Operator has lawfully reserved. Changes are minor and factually justified if they do not significantly alter the essential characteristics and/or duration of the booked Travel Experience.
 
5.2. If (i) the Operator is forced to make significant changes to the essential characteristics of the booked Travel Experience, (ii) the Operator cannot meet the Traveler's specifications that he has expressly confirmed or (iii) the Operator would like to increase the total price of the booked Travel Experience by more than 8%, the Traveler can - within a reasonable period set by the Operator, (i) agree to the proposed changes, or (ii) agree to participate in an alternative Travel Experience, if this is offered by the Operator, or (iii) withdraw from the contract without any cost on the Traveler’s side.
In the cases just mentioned, the Traveler will be informed clearly, understandably and clearly about the following:

• the changes, if applicable, their effects on the total price;
• the reasonable period within which the Traveler has to inform the Operator of his decision;
• if applicable, the Travel Experience offered as a replacement and its price.

 
Any such communication is to be made via the TourRadar Services (Booking Management Page). If the Traveler does not respond within the reasonable time period, this will be deemed as consent to the changes.

6.1. TourRadar is liable for booking errors (e.g. typographical errors) only, if they are due to erroneous, incorrect or incomplete information provided by the Traveler or to unavoidable and extraordinary circumstances.
 
 
6.2. In particular, TourRadar is not liable:

• for the Operator’s performance under the travel contract;
• for the provision of a service that is outside of the scope of the booked Travel Experience;
• for additional services booked by the Traveler on his own risk and account after departure.

 
6.3. The Traveler acknowledges and agrees that, to the extent permitted by law, the entire risk resulting from the use of the TourRadar Services and Platform for the purpose of booking the Travel Experiences as well as from any interaction with other users of the Platform, remains with the Traveler. In particular, TourRadar is not obliged to inspect Travelers, Operators, other users of the services, third parties, entries or content in advance.
 
6.4. You acknowledge and agree that the respective Operator and not TourRadar is solely responsible to you for honoring confirmed bookings and providing the booked Travel Experiences. The Traveler acknowledges and agrees that TourRadar is not a party to the travel contract and that TourRadar assumes no liability from or in connection with such contract, unless legally obliged to do so. Complaints or claims by the Traveler with regard to Travel Experiences must be processed by the Operator using the TourRadar Services. TourRadar is not responsible and disclaims any liability with respect to such complaints, claims and (product) liabilities. TourRadar also expressly rejects any liability for acts or omissions by Travelers or other third parties.
 
6.5. If TourRadar violates its obligations under these terms and conditions, it is obliged to compensate the Traveler for the resulting damage, unless it can prove that it is not guilty of willful intent or gross negligence. In any case, the compensation for damage is limited to the aggregate amount of the booked Travel Experience as set out in the booking confirmation. This does not apply to damage resulting from injury to life, limb or health resulting from an intentional or negligent breach of duty by TourRadar or a legal representative or vicarious agent of TourRadar, as well as claims for compensation for other damage resulting from an intentional or grossly negligent breach of duty by TourRadar or a legal representative or vicarious agent of TourRadar and a breach of an essential contractual obligation by TourRadar. An essential contractual obligation is an obligation, the fulfillment of which enables the proper execution of the contract in the first place or the violation of which endangers the achievement of the contractual purpose.

7.1. The Traveler agrees to pay the total travel price (including taxes, duties and charges) for each requested booking in accordance with the conditions specified in each case.
 
7.2. If only the down payment is due at the time of booking or booking confirmation, the remaining amount (i.e. the total travel price minus the down payment) is due for payment in accordance with the Operator’s terms and conditions. 
 
7.3. TourRadar collects the travel price (as a total travel price or down payment plus remaining payments) from the Traveler on behalf of the Operator via third-party payment processors. The Traveler hereby authorizes the collection of such amounts in accordance with the payment method selected by the Traveler. 
 
7.4. TourRadar reserves the right to offer to the Traveler particularly advantageous payment options (e.g. installment payment models) itself or through a payment service provider. If you accept, you agree to be bound by the terms and conditions specified and communicated by TourRadar or the payment service provider.

8.1. If the Operator does not confirm the requested booking, all authorizations made on the Traveler's (credit) card will be automatically released/all amounts collected through another payment method will be refunded to the Traveler within 14 days.
 
8.2. As soon as the Operator confirms a booking, the Operator’s cancellation and payment conditions apply. Please read the fine print and important information on the Booking Detail Page, Booking Management Page and in your booking confirmation regarding the Operator's terms and conditions carefully. A cancellation must be made through the TourRadar Services (booking management page).
 
8.3. You are advised that individual Operators may offer special rebooking options for which, if you accept, the conditions specified and communicated by the Operator apply.
 
8.4. If you are advised that your booking is “on request” (which is usually the case with Travel Experiences booked shortly before the start of the trip), the total price of your booking will be subject to the Operator's cancellation and payment terms from the moment the booking request is made. In the case of bookings on request, the Operator may need several working days to ensure that all components of the requested Travel Experience can be confirmed. This process must not be interrupted by a cancellation. If the request comes back approved, you will be billed for the full amount. If you cancel such a pending booking, you are not entitled to a refund. If the Operator cannot confirm your request, you will receive a full refund of any amounts already paid.
 
8.5. If an Operator cancels a confirmed booking through the TourRadar Services, You will be refunded any amounts paid for that booking within 14 days of the Operator’s cancellation. You may receive an email or other communication from TourRadar with non-binding suggestions for alternative offers and other related information. If an Operator has canceled a confirmed booking and you have not received an email or other communication from TourRadar, please contact TourRadar at info@tourradar.com.

9.1. TourRadar expressly advises the Traveler to conclude a travel cancellation insurance when booking to minimize a cost risk in the event of cancellation by the Traveler.
 
9.2. The Traveler is also advised that travel cancellation insurance usually does not cover the damage that may arise from the cancellation of the package travel after it has commenced, including through no fault of his own. As a rule, travel interruption insurance must be taken out separately.
 
9.3. TourRadar also recommends that you take out adequate health insurance coverage when traveling abroad.
 
9.4. When arranging travel insurance, the Traveler is advised that the insurance conditions of the arranged travel insurance may contain special contractual conditions and / or obligations to cooperate on the part of the Traveler, in particular exclusions of liability (e.g. in the case of previous illnesses), the obligation to cancel the travel cancellation insurance immediately, deadlines for the notification of damage and deductibles. TourRadar is not liable if it has not made any breaches of duty, in particular no false information about the insurance conditions, and the mediated travel insurer has a right to refuse service to the Traveler on the basis of effectively agreed insurance conditions.

Referral Program

10.1 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

10.2 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:

• Bookings up to a GBV of USD5,000 (AUD5000,£5000, ₹400000, €5000) , earn USD50 (AUD50,£50, ₹3500, €50) in Travel Credits.
• 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.
• 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

10.3 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

10.4 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

10.5 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.

TourRadar may, in its sole discretion, permit you to post, upload, publish, submit or transmit text, graphics, images, video or other materials on the Platform and through the TourRadar Services (“Content”). By making available any Content, you agree that TourRadar may use the Content on the Platform, in particular for promotional materials and publications. You hereby grant to TourRadar a worldwide, irrevocable, perpetual, non-exclusive, royalty-free license to publicly display or otherwise use the Content for the aforementioned purpose. TourRadar does not claim any ownership rights in any such Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit the Content.
You acknowledge and agree that you are solely responsible for all Content that you make available on the Platform or through the TourRadar Services. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all Content or you have all rights, licenses, consents and releases that are necessary to grant to TourRadar the rights in such Content, as contemplated under these terms and conditions; and (b) neither the Content nor your posting, uploading, publication, submission or transmittal of the Content or TourRadar's use of the 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. The person who uploaded the Content warrants that the Content shall not contain any viruses, Trojan horses or infected files. You must not store illegal content on the Platform. Please be aware that if you upload illegal content you could be subject to a fine. Any Content that does not meet the aforesaid criteria will not be posted and can be removed at any time and without prior notice.
Also TourRadar may, in its discretion and without liability to you  at any time: (a) terminate your access to the Platform and the TourRadar Services, and (b) deactivate or terminate your TourRadar account. Upon termination TourRadar will within a commercially reasonable time pay you any amounts which TourRadar is legally obliged to pay you. TourRadar does 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.

The delivery address for notifications and all official correspondence from TourRadar to you is the contact information (E-mail address) you have last entered into your TourRadar account details. You are obliged to update any changes without delay. 

13.1. These terms and conditions and the provision of the TourRadar Services shall be governed by and construed in accordance with Austrian law with the exclusion of its conflict-of-law rules. The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, in particular of the state in which the Traveler as a consumer has his habitual residence, remain unaffected.

13.2. Any dispute arising out of these terms and conditions and the TourRadar Services shall exclusively be submitted to the competent courts in Vienna Inner City, Austria. Notwithstanding the foregoing jurisdiction clause, a Traveler as a consumer may also bring proceedings in the courts of the country in which he is domiciled, and proceedings against a Traveler as a consumer may be brought only in the courts of the country in which he is domiciled.

13.3. For consumers (in the European Economic Area): TourRadar advises you to first notify TourRadar of any complaints by contacting TourRadar’s Customer Service. If this does not resolve your complaint, you can upload your complaint via the European Commission's ODR platform. This platform for online dispute resolution can be found here: https://ec.europa.eu/odr. Please note that TourRadar is neither willing nor obliged to take part in a dispute settlement procedure before a consumer arbitration board in order to resolve legal disputes with consumers.

The data protection regulations of TourRadar apply. Information and notes on the collection and use of your personal data by TourRadar can be found here.