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Customer Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

GENERAL

Travel Curious Ltd. (hereafter “Travel Curious“, “we“, “us“, or “our“) provides an online platform that connects Tour Providers and Transport Providers with Customers seeking to participate in guided Tours as part of a particular itinerary (collectively, the “Services“), which Services are accessible at http://www.travelcurious.com and any other websites through which Travel Curious makes the Services available (collectively, the “Site“).

By using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms and Conditions (“Terms“), whether or not you become a registered user of the Services.

These Terms govern your access to and use of the Site, Services and all other content (defined below) and constitute a binding legal agreement between you and Travel Curious.

Please read carefully these Terms and our Privacy Policy, 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 Site. Failure to use the Site in accordance with these Terms may subject you to civil and criminal penalties.

KEY TERMS

Booking” shall mean a booking made by a Customer for a Standard Itinerary or Tour Concierge Itinerary.

Booking Request” shall mean a request made by a Customer for Tour and/or Transport Services.

Booking Services” shall mean the services which shall be provided by Travel Curious acting as the agent of the Tour Provider and Transport Provider.

Customer” shall mean a user who books a Tour via the Site.

Site” shall mean the website at www.travelcurious.com

Standard Itineraries” shall mean a standardised tour itinerary offered by Travel Curious within a particular locale.

Tour” means the provision of Tour Services by the Tour Provider to Customer(s).

Tour Concierge Itineraries” shall refer to specific itineraries created by Travel Curious at the request of individual Customers.

Tour Provider” shall mean independent third party tour companies and independent third party tour guides who provide tour services.

Tour Services” shall mean the tour guide services provided by a Tour Provider to a Customer.

Travel Curious” shall mean Travel Curious Limited, a private limited liability company incorporated and registered in England and Wales with company number 08496706 whose registered office is at Travel Curious Limited, The Manse Station Road, Plumpton Green, Lewes, East Sussex, England, BN7 3BX.

Travel Curious Commission” means the sums due to Travel Curious in consideration for provision of the Booking Services which shall be deducted from sums received by Travel Curious for the Tour Services and/or Transport Services as agent on behalf of the Tour Provider and/or Transport Provider.

Travel Curious Hourly Rate” means the hourly rate upon which a Tour Provider’s fees are to be based. The Travel Curious Hourly Rate is based upon an evaluation of average rates in each city, and may be subject to change at Travel Curious’s sole and absolute discretion subject to clause 8.

Travel Curious Transport Provider Rates” means the hourly, daily, or distance related rate upon which a Transport Provider”s fees are to be based. The Travel Curious Transport Provider Rate is based upon an evaluation of average rates in each city, and may be subject to change.

Transport Provider” means independent third party transport companies or independent third party individuals providing transport services separately to those offered by a Tour Provider as part of a Tour.

Transport Services” shall mean the transportation services provided by a Transport Provider to a Customer.

Valid Reason (Tour Provider)” means the illness of the Tour Provider, extreme adverse weather conditions or force majeure event that prevents the Tour Provider from supplying the Tour Services.

Valid Reason (Transport Provider)” means the illness of the Transport Provider, extreme adverse weather conditions or force majeure event that prevents the Transport Provider from supplying the Transport Services.

White Label” a white label booking service Travel Curious provides to be integrated with partner companies such as hotels and travel agents.

THE CUSTOMER PROCESS

Upon making a booking, the customer can expect a booking confirmation email enclosing relevant tour details including but not limited to: customer reference number, tour date and time, tour duration, and tour name. It will be followed by a subsequent document enclosing the contact details of the Tour Provider, and Tour Description.

HOW THE SITE AND SERVICES WORK: THE CUSTOMER

In order for Customers to make a booking, they must either visit the Travel Curious site or book through a White Label Partner. The Site and Services are used to facilitate the booking of Standard Itineraries and Tour Concierge Itineraries. These can include Tour Services and Transport Services.

Travel Curious acts as intermediary between the Tour Provider and the Customer and/or the Transport Provider and the Customer. Travel Curious accepts Bookings acting as disclosed agent for the Tour Provider and the Transport Provider. Upon receipt of a Booking Request from a customer, Travel Curious will match the Booking Request to a Tour or Transport Provider. The acceptance by the Tour or Transport Provider of the results in the automatic creation of a binding contract between the Customer and the Tour Provider and/or Transport Provider for the provision by the Tour Provider and/or Transport Provider of Tour Services and/or Transport Services (the “Contract“). Travel Curious is not a party to the Contract and has no liability thereunder.

(The acceptance by Travel Curious of any Booking as agent for the Tour Provider and/or Transport Provider results in the automatic creation of a binding contract between the Customer and the Tour Provider and/or Transport Provider for the provision by the Tour Provider and/or Transport Provider of Tour Services and/or Transport Services (the “Contract”). Travel Curious is not a party to the Contract and has no liability thereunder. )

Travel Curious does not provide Tour Services and/or Transport Services, and Travel Curious is not a Tour Provider or Transport Provider.

Travel Curious’s responsibilities under these Terms are limited to:

CANCELLATION

Cancellation by a Tour Provider: once a Booking has been allocated to the Tour Provider by Travel Curious the Tour Provider must perform the Booking unless the Tour Provider is unable to do so due to a Valid Reason (Tour Provider). The Tour Provider shall use best endeavours to notify the Customer and Travel Curious of any cancellation as soon as possible in order to make alternate arrangements. In such a case, Travel Curious agrees to use reasonable endeavours to either find a replacement Tour Provider or to fully refund any amount paid to Travel Curious on the Tour Provider’s behalf for a cancelled Booking. The Customer is at liberty to refuse the services of the replacement Tour Provider, in which case the Customer shall be given a refund. All Customers acknowledge and agree that Bookings may need to be postponed in the case of adverse weather conditions and, if it is not possible to reschedule the Booking or provide an alternative Tour, then the Customer shall receive a full refund.

Save for a Valid Reason (Tour Provider), in the event of cancellation with by the Tour Provider, the Tour Provider shall pay to a Customer with whom he has entered into a Contract the costs of any fee paid by such Customer in relation to the Booking, should no replacement tour be agreed upon. The Tour Provider shall also indemnify Travel Curious for all losses, claims and costs (including reasonable legal fees) incurred by Travel Curious resulting from a cancellation by the Tour Provider under this clause.

a) Tours booked more than one week before tour date: Tours cancelled by a Customer more than 72 hours before the scheduled departure time shall be refunded to the Customer (less any card fees, transfer fees, and any administration fee incurred when making a Booking). Travel Curious will not offer refunds upon Tours cancelled less than 72 hours before the scheduled departure time, but will use reasonable endeavours to reschedule a tour when appropriate. Customers are warned that a rescheduled tour may be booked with an alternative Tour Provider. If the Customer is more than one hour late for the Tour, the Booking will be treated as cancelled and the Customer shall have no right to a refund.

b) Tours booked less than one week before tour date: Tours cancelled by a Customer more than 48 hours before the scheduled departure time shall be refunded to the Customer (less any card fees, transfer fees, and any administration fee incurred when making a Booking). Travel Curious will not offer refunds upon Tours cancelled less than 48 hours before the scheduled departure time, but will use reasonable endeavours to reschedule a tour when appropriate. Customers are warned that a rescheduled tour may be booked with an alternative Tour Provider. If the Customer is more than one hour late for the Tour, the Booking will be treated as cancelled and the Customer shall have no right to a refund.

MODIFICATION

Travel Curious reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Travel Curious Commission, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. By continuing to access or use the Site or Services after we have modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.

ELIGIBILITY

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

ITINERARIES

Travel Curious creates Standard Itineraries within its cities of operation. Itineraries describe the attractions a Customer can expect to visit during his tour. Itineraries do not follow a prescribed route of travel, and may be subject to variation.

Tour Concierge Itineraries shall be made at individual Customer request and in consultation with the Customer.

Upon receiving a Standard Itinerary or Tour Concierge Itinerary booking from a Customer, Travel Curious will offer registered Tour Providers with the opportunity to accept the Booking via Site.

Tour Providers and Transport Providers are under no obligation to accept any Booking. Travel Curious is under no obligation to offer any Tour Provider or Transport Provider any Booking. Travel Curious may allocate a Booking to any Tour Provider and/or Transport Provider in its sole and absolute discretion.

PAYMENT

Making a reservation:

After a Customer’s payment has been processed:

The booking number included on the booking confirmation should be quoted in all enquiries, cancellation or modification of the reservation. Any amendments to a Customer’s reservation must be notified and agreed with the Tour Provider and/or the Transport Provider directly.

The Tour Provider and the Transport Provider may not make any charge to the Customer in respect of a Booking other than as agreed with Travel Curious in writing.

LIABILITY

By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of a Provider(s) or other third parties will be limited to a claim the such Provider(s) or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Travel Curious with respect to such actions or omissions.

Nothing in these Terms excludes or limits Travel Curious’s liability for death or personal injury arising from its negligence, or its fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, Travel Curious excludes all conditions, warranties, representations or other terms which may apply to the Site or any content on it or any Itinerary or Tour, whether express or implied.

Travel Curious will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

Travel Curious will not be liable for:

All Customers are required to have in place appropriate travel insurance provided emergency medical cover and repatriation in the event of an emergency. Please note that Travel Curious does not guarantee that Tour Providers and/or Transport Providers will maintain appropriate insurance. Different jurisdictions have different standard and rules in respect of health and safety. Customers should be cautious and sensible at all times when taking part in any Tour.

ACCEPTANCE OF TERMS

Customers acknowledge and agree that they must accept these Terms which, when a Booking is made, provide a binding contract between the Customer and the Tour Provider and the Transport Provider.

COOKIES

We use DoubleClick cookies to allow us to collect information about the pages viewed on our website, so that we can later provide behavioural advertising to advertise our relevant services to you. It also allows us to use the following targeting within our advertising: remarketing, interest categories, similar audiences and other types of interest-based advertising, demographic and location advertising at https://www.google.com/settings/ads/onweb#display_optout.

APPLICABLE LAW AND JURISDICTION

These Terms, its subject matter and its formation, are governed by the law of England and Wales. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction.

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