Tour/Experience Guide Agreement
January 16, 2022
This agreement sets forth the terms and conditions between Touronimo and users who set up a tour /Experience Guide profile and create tours and experiences offered for sale on the Touronimo.com website. This agreement explains the relationship between you and Touronimo, how you set up your profile, develop tours and experiences for purchase and receive the money owed to you by Touronimo. This agreement limits our liability explicitly.
You must read this agreement before using the Site, creating a profile, and setting up tours and experiences for sale on Touronimo. Use of the Site constitutes an agreement to all terms and conditions in this agreement, and you warrant that you understand, agree to and accept all terms and conditions contained here.
1. General
Touronimo connects you with people who are seeking to obtain tours and experiences. We do this through our website, Touronimo.com ("Site"), which is a communications and payment processing system for enabling this connection. As well as maintaining the website, Touronimo handles customer service through telephone and email, markets the Site through various means, public relations, and advertising. The Site will collect money on your behalf and remit it to you in a timely fashion.
You understand that you are an independent contractor and are not an employee of Touronimo. You will ensure that sales resulting from customers are processed through the Touronimo website or such other means as we mutually agree.
You comply with any licensing and legal restrictions related to your services.
You acknowledge and agree that you are solely responsible for the supply of any equipment required for a tour or experience provided by you. You shall ensure, before the tour or experiences, that such equipment is in good working order and complies with all applicable safety standards.
This “Tour/Experience Guide Agreement" should be read in conjunction with the “Tour/Experience Guide Business Principles" and the "Customer Terms and Conditions," which applies to registered Touronimo customers.
2. Acceptance as a Tour/Experience Guide
Any individual or company who can enter into a legally binding and enforceable contract may apply to become a Touronimo Tour/Experience Guide. Upon application through the Site, Touronimo will begin the acceptance process. Details of this process are posted on the Site and may include telephone interviews, submission of documents, and checking of references.
Touronimo may make use of a third-party verification service to perform background checks. These services may verify information such as name, address, social security number, and criminal background.
The success of Touronimo is based on the quality of the experience that you as a Tour /Experience Guide deliver. Therefore, we are highly selective in the people we choose.
We are committed to the success of our Tour/Experience Guides. Therefore, we may not accept additional Tour/Experience Guides for an experience if we feel that the demand is satisfied by existing Tour/Experience Guides. Acceptance as a Tour /Experience Guide is at the sole discretion of Touronimo, and we reserve the right to refuse anyone for any reason.
3. Acceptance of "Tour/Experience Guide Business Principles"
You agree to abide by the Touronimo "Tour/Experience Guide Business Principles."
4. Acceptance of "Customer Terms and Conditions"
You have read the Touronimo "Customer Terms and Conditions" and understand that these terms and conditions govern your relationship with our customers.
5. Use of Site and Services
Touronimo connects you with people who are seeking tours and experiences. We do this through our website, Touronimo.com ("Site"), which is a communications and payment processing system for enabling this connection.
Once accepted as a Tour/Experience Guide, you may use the Site to create a profile of yourself and utilize the calendar to indicate your availability.
Once these are complete, Touronimo will review them and publish them on the Touronimo website. We will then begin collecting bookings and appropriate payments on your behalf.
6. Information Provided by You
You are responsible for providing accurate, timely, and complete information to us in connection with your use of the Site. Touronimo is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided to us by you. Touronimo will only use your information per our Privacy Policy.
Touronimo will use its best efforts to ensure the privacy of all other personal information. We expressly disclaim any liability for any damage that may result should any information be released to any third parties. You agree to hold Touronimo harmless for any damages that may occur.
7. Grant of Limited License
By posting content to the Touronimo Site, You:
a) grant Touronimo and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and to sell and market Touronimo or your tour offerings; and
b) represent you own or control the rights to the content and use of your content by Touronimo does not violate the rights of any third party.
c) if the content you upload to the Touronimo website violates the rights of a third party, you agree to indemnify us against any losses and liabilities.
8. Transactions
Travelers and locals seek the services of Tour/Experience Guides through the Site. Tour/Experience Guides may opt to have Touronimo collect the entire fee due for the services of the Tour/Experience Guide through our credit card payments system.
Alternately, only in cases where it is impractical to remit money to you, Tour/Experience Guides may opt to have Touronimo collect only a booking fee. In this case, the traveler will make payment for the Tour/Experience Guide services purchased at the time the tour is taken, in the amount and currency specified at the time of booking. Whether you can use this alternative is at the sole discretion of Touronimo.
Touronimo will process refunds or credits for our errors or other extenuating circumstance.
9. Booking Fee
To compensate Touronimo for its services, Touronimo charges 20% of the published cost of the tour. Touronimo may reduce this fee at any time, either permanently or for a limited period. It may be increased only upon 60 days' notice to you.
10. Refunds
Travelers may request a refund of the amount paid for a tour, tour service, or experience as set out in the "Touronimo Customer Terms and Conditions." If a refund is made, only the amount received by Touronimo (if any), less our booking fee will be paid.
11. Payments to You
Once Touronimo collects the entire amount paid for the services you provide, we will pay you, less our booking fee.
The amount collected for your services, less our booking fee will be paid once the tour has been delivered, weekly.
In the rare case where Touronimo collects only the booking fee, then no further payment is due to you.
Payments are made according to a variety of methods, determined when your account is approved. At any time, you may request a change in payment method, from those currently available.
12. Privacy
Touronimo is committed to ensuring the privacy of the information you give us.
13. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT THE USE OF THIS SITE IS AT YOUR SOLE RISK. TOURONIMO DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE. THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
14. Limitation of Liability and Remedies
Under no circumstances will Touronimo be liable to you for any indirect, incidental, consequential, special or exemplary damages arising from any provision of this agreement. Furthermore, the TOTAL liability of Touronimo arising concerning this Agreement and the Site will not exceed the total amounts collected by us and not yet paid to you under this agreement. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the preceding disclaimers may not apply to you insofar as they relate to implied warranties.
THE MAXIMUM TOTAL LIABILITY OF TOURONIMO UNDER ANY CONTRACTUAL, NEGLIGENCE, STRICT LIABILITY, OR OTHER REASON WILL BE LIMITED TO THE GREATER OF (I) $1,000 OR (II) THE PAYMENTS WE HAVE RECEIVED ON YOUR BEHALF AND ARE UNPAID TO YOU.
15. Indemnification
Upon a request by Touronimo, you agree to defend, indemnify, and hold harmless Touronimo and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this Site. Touronimo reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Touronimo in asserting any available defenses.
16. Modification of the Terms of this Agreement
Touronimo reserves the right to make changes to this agreement from time to time. Touronimo shall provide notice to you of any substantive or material changes to this agreement or any policies posted on the Site. Such notice shall be by email and posting on the Site.
17. Term of Agreement
This agreement will become effective immediately for your use of the Site and shall remain valid unless terminated by either party as provided hereunder. Either party may terminate this agreement by providing the other with written or email notice of such termination which shall be effective immediately upon delivery of such notice to the other party. Furthermore, Touronimo may terminate this agreement immediately for any breach of this agreement, the "Tour /Experience Guides Rules of Conduct" or any applicable policy of Touronimo as posted on the Site. In the event of termination or expiration, the following Sections shall survive: Term of Agreement; Ownership; Disclaimer; Limitation of Liability; Notice; and General Provisions.
Should you violate the terms of this Agreement, Touronimo reserves the right to terminate your use of this Site immediately at its sole discretion.