Please read these “Terms and Conditions” carefully as they contain important information about your legal rights and obligations.
We operate an online booking platform that connects users with tours and tour guides. Our platform allows tourism companies to market their tours on our website and get a booking by us, We are an online travel agency or a tour operator. but When you make a booking, you are entering into a contract directly with an independent tour guide. In no event shall TICKET26 be deemed a party to any agreement whereby you book a guided tour from an independent tour guide. The independent tour guides, and not TICKET26, are responsible for the guides if you accepted the guide by online booking.
IMPORTANT: PLEASE REVIEW THE LITIGATION CLASS ACTION WAIVER PROVISION CONTAINED HEREIN, AS IT REQUIRES THE PARTIES TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SITE AND/OR THE SERVICES.
These Terms and Conditions, as may be modified and amended from time to time, sets forth the terms on which:
These terms and conditions outline the rules and regulations for the use of TICKET26.com's Website.
By accessing this website we assume you accept these terms and conditions. Do not continue to use TICKET26.com if you do not agree to take all of the terms and conditions stated on this page.
(b) to any person (“You”) that accesses the Site and/or uses our Services, which includes booking guided tours and related services (the “Tours”) from independent tour guides (the “Guides”).
2. Acceptance of These Terms and Conditions.
When You access the Site and/or use our Services, You hereby represent and warrant that:
(a) You have read, understand, and agree to comply with and be bound by these Terms and Conditions;
(b) You are an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country in which You are established;
(c) You are able to enter into legally binding contracts; and
(d) You are not forbidden by TICKET26 to access and/or use the Site.
If You do not agree to be bound by these Terms and Conditions, You may not access and/or use the Site and/or our Services and should immediately leave the Site.
3. Scope of TICKET26 Services.
We operate the Site, which is an online marketplace platform which allows the companies to upload and publish their Tours, and You to search and book Tours, and process payments.
You may search for Tours and Guides using a variety of filters. Once You decide on a specific Tour, You may connect and conclude contracts directly with the Guides and through the Site.
We are constantly updating our Site and its functionalities. Therefore, We may modify and/or delete any functionality on the Site and/or introduce new ones from time to time.
4. User Account.
You may search for Tours and Guides through the Site without prior registration. In order to book Tours on the Site, You may be required to register to open an account and complete your profile with your personal details (Traveler’s Account). You shall not apply to open more than one Traveler’s Account on the Site.
The opening of a Traveler’s Account is at the sole discretion of TICKET26. We reserve the right to refuse to open a Traveler’s Account and/or cancel a Traveler’s Account without notice and liability, at our sole discretion, for any reason or for no reason.
You are solely and exclusively responsible for any claims relating to any inaccurate, untimely or incomplete information provided by You.
You are responsible for any activity on your Traveler’s Account, and shall keep your password confidential. If You are aware that any person has entered your Traveler’s Account without your permission, You shall inform TICKET26 as soon as possible.
The Site lists many Tours uploaded by us in coordination and association with local companies and guides, each Tour containing a description of the characteristics and items included, such as description and itinerary (“Tour Terms”). You may send a request to the Tour or Guide with any inquiry about a certain Tour or to request a customized Tour. You may also choose to make a booking request to a Guide for a particular Tour by clicking the “Book Now” button, or any other button as may be modified. Once the Guide accepts and confirms your booking request, there is a binding contract between You and the Guide. The Guides are free to accept or reject your booking requests.
You shall review the Tour Terms before making a booking request to a Guide. Once your booking request is accepted by the Guide, You will be bound by the Tour Terms. These Terms and Conditions will prevail over the Tour Terms with respect to your relationship with TICKET26.
You understand and agree that due to the ongoing disruptions related to the Covid-19 pandemic the Tours itineraries may be subject to changes that are out of the control of the Guide. You agree that only changes that substantially impact the Tour itinerary will entitle You to cancel such Tour without cost.
All the Guides set up their own Tour prices, which fully compensate the Guides for their services. and users have the ability to accept or refuse the price we offered according to the user tour plan. The pricing does not include any additional orders.
You will ensure that any and all payments to the Guides are processed through the Site, or such other means as TICKET26 may determine.
You will make payment of bookings by credit card or another form of payment available through the Site. We do not store credit card information. TICKET26 uses a third-party service to process your payment information for all transactions made through TICKET26. You authorize TICKET26 and its payment service partners to process your payments. These payment processing services are governed by the terms and conditions of those third-party services and will apply to the payments You make through their system.
Each Tour is displayed in its default currency. You may choose to pay for a Tour in other currencies available on the Site. You may select another currency when You search for Tours or make a booking request. Once You book a Tour, the Tour Price is fixed in such currency, even if exchange rates fluctuate between the time You book and the time You take your Tour. The exchange rates that the Site uses to convert Tour prices are set based on currency information services companies, plus a TICKET26. Your bank or credit card company may apply different commissions and charges when selecting a currency other than your local currency.
7. Cancellation Policy.
You agree with the terms of the Cancellation Policy and understand that any cancellation by You or by a Guide, and any related refund, will be processed in accordance with the Cancellation Policy in force at the time of your booking.
TICKET26 may cancel any booking, in its sole discretion, if We believe in good faith that such cancellation is necessary to prevent or reduce any damages to any user of the Site and/or to TICKET26, or if the Guide’s Account is canceled or suspended. We will reimburse and/or refund You and/or the Guide in accordance with the reasons for cancellation and with the Cancellation Policy. We will share the contact details between You and the Guide if the Guide’s Account is canceled and You may choose to continue with your booking outside our Site.
Refunds will be sent back to the original payment method used in making the booking. Depending on the bank's processing time, it can take 10 business days for the refunds to reflect in your bank account or card balance.
TICKET26 and the Guides are not responsible for any incidental expenses You and/or any other participant may have directly or indirectly incurred as a result of the booking of a Tour. These expenses include but are not limited to, the cost of visas, accommodation, vehicle rental, vaccinations, flights, and/or loss of enjoyment.
8. Rules of the Site.
You agree to the following provisions:
(a) Use of the Site. The Site shall be used for the purposes indicated herein and not for any illegal or unauthorized purposes. You may not use the Site to recruit, solicit, or contact Guides for business offers. Also, You may not use the Site to engage in harassing, stalking or any other inappropriate conducts.
(b) Contact Details. You agree not to give any personal contact details including full name, phone number, email, and/or social networks to the Guides before they accept a booking request.
(c) Communication with the Guides. You agree that all communications with guides, You are solely responsible for, and shall exercise caution and judgment, in using the Site and disclosing personal information to the Guides or transferring money directly to guides without our consent.
(d) Communication with Us. You agree that TICKET26 and the Guides may contact You via email, text messages, calls, and automated calls, to the phone number and email addresses You provide in your Traveler’s Account or otherwise provided to Us, to communicate to You, including but not limited to, any updates, changes, and/or important information related to any bookings.
(e) Guides’ Information. You agree that You will not use the Guide’s information for any purpose other than to participate in a Tour or in connection to other services contracted through the Site.
(f) Customer Disputes. You agree to work in good faith with ToursByLocals to address any customer disputes or complaints. If there are any issues that cannot be resolved directly with the Guide, You may contact TICKET26 and we will attempt to help resolve the issue. We do not control the performance of the Guides nor their services and We do not guarantee to be able to resolve any given dispute.
(g) Purchase of Goods During a Tour. You should exercise caution if you purchase any goods during a Tour. TICKET26 is not aware of any goods available for purchase during a Tour and does not make any claims about the quality, source, or other provenance of any goods which may be available for purchase during a Tour. and you are only responsible for your decision.
(h) Unauthorized Access to the Site: You will not use the Site and/or Services in any manner that could damage, disable, overburden or impair the functioning of the Site, use data mining or any other method to extract data, apply reverse engineering or access areas of the Site which You are not authorized to access.
(i) Surveys. You agree that by submitting any ideas, suggestions, and/or opinions (“Opinions”) to Us through our surveys and/or any other alternative means You represent and warrant that you have all rights necessary to submit your Opinions and You hereby grant to TICKET26 a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to access, use, reproduce, display, perform, adapt, and distribute your Opinion in any form, anywhere, in connection with TICKET26 ’ business, without your prior approval and/or notification. This license shall survive termination of your Traveler’s Account on the Site.
(j) Links to other websites. The Site may contain links to third-party websites which are subject to different terms and conditions. We are not liable for, nor endorse, the content and/or services available through those websites. We recommend that You read and get familiarized with the terms and conditions of such websites.
9. Independent Contractor Relationship.
You understand, acknowledge, and agree that all the Guides are independent contractors and not employees, agents, joint venturers or partners of TICKET26 and that the Guides act exclusively on their behalf and for their own benefit, and not on behalf, or for the benefit, of TICKET26.
You hereby understand and expressly agree that ToursByLocals does not direct or control the Guides generally or in their performance during the Tours, including, but not limited to, quality, timing, legality, or any other aspect whatsoever of the services actually delivered by the Guides, nor the integrity, responsibility or any of the actions whatsoever of the Guides. All Tours are uploaded and published by the Guides without any prior control and/or verification from TICKET26.
The Guides, and not TICKET26, are responsible for determining, understanding, and complying with all laws, rules, and regulations that apply to their activity and to the Tours provided to You.
10. Acceptance of Risk and Waiver of Liability.
We urge You to obtain suitable medical insurance prior to booking a Tour.
You acknowledge that all travel involves an element of risk. Also, some Tours may be adventurous in nature and may involve a significant amount of personal risk. We encourage You to ask the Guides for information and fully educate yourself about any risks, skills, and levels of fitness inherent to the Tour.
Also, We strongly encourage You to search for information about your destination to determine the level of risk when traveling to certain areas. We do not make any representation and/or warranty about any risk associated with any travel destination and We are not liable for any damage or loss that may arise out of, or in connection with, any such destination.
You hereby assume all such risk and You, your estate, your family, heirs, and assigns hereby agree to release and hold harmless TICKET26, its parent, subsidiaries, affiliates, directors, and employees of TICKET26 from all liabilities and claims that arise from damages of every kind and nature, known and unknown, both pecuniary and non-pecuniary, including but not limited to, illness, bodily injury, disability and death to You and/or any other Tour participant, that may arise out of, or in connection with, the participation in a Tour.
THE TICKET26 DOES NOT PUBLISH, CREATE, SELL, CONTROL, OFFER, DELIVER, OR SUPPLY ANY GUIDED TOUR. THE GUIDES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE TICKET26. THE TICKET26 DOES NOT TAKE ANY RESPONSIBILITY AND IS NOT LIABLE FOR, AND THE GUIDE IS SOLELY AND EXCLUSIVELY RESPONSIBLE FOR, ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER DAMAGES OR EXPENSES, ARISING OUT OF, OR IN CONNECTION WITH, WITHOUT LIMITATION, (I) THE DELIVERY OF ANY TOUR, (II) THE PERFORMANCE OF THE GUIDE OR FAILURE TO PERFORM THE TOUR AND/OR THE GUIDE’S SERVICES, (III) ANY TRANSPORTATION SERVICE ASSOCIATED TO ANY TOUR, (IV) ANY OTHER SERVICE OFFERED OR DELIVERED BY THE GUIDE, (V) THE GUIDE’S ACTS OR OMISSIONS, REPRESENTATIONS, WARRANTIES, NEGLIGENCE, GROSS NEGLIGENCE OR WILFUL MISCONDUCT AND (IV) PERSONAL, BODILY INJURY, DEATH, PROPERTY DAMAGE TO YOU, THE GUIDE OR ANY OTHER PARTY. THE TICKET26 RESPONSIBILITY IS LIMITED TO LISTING AND MAKING AVAILABLE THE TOURS AND OTHER ANCILLARY SERVICES THROUGH THE SITE.
ALTHOUGH WE PERFORM CERTAIN LIMITED SCREENINGS ON THE GUIDES, WE DO NOT GUARANTEE THE EFFICACY AND/OR ACCURACY OF SUCH PROCESS AND, THEREFORE, WE DO NOT GUARANTEE THE RELIABILITY OF THE GUIDES. ALSO, WE MAY NOT CONDUCT IDENTITY VERIFICATIONS AND WE ARE NOT RESPONSIBLE FOR THE IDENTITY VERIFICATION OF ANY USERS OF THE SITE, INCLUDING THE GUIDES.
DUE TO THE NATURE OF TICKET26 SERVICES, TICKET26 DOES NOT GUARANTEE THE CONTINUOUS AND UNINTERRUPTED AVAILABILITY AND ACCESSIBILITY OF THE SITE. THE SITE IS PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TICKET26 DOES NOT MAKE OR GIVE ANY REPRESENTATION OR WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, TICKET26 MAY RESTRICT THE AVAILABILITY OF THE SITE IF THIS IS NECESSARY IN VIEW OF CAPACITY LIMITS, THE SECURITY OR INTEGRITY OF OUR SERVERS, OR TO CARRY OUT MAINTENANCE MEASURES FOR THE PROPER OR IMPROVED, MODIFIED OR ENHANCED FUNCTIONING OF THE SITE.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
limit or exclude our or your liability for death or personal injury;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.
12. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT THE TICKET26 SHALL EITHER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LIABILITIES WHETHER IN ACTION BASED IN CONTRACT, WARRANTY, STRICT LIABILITY, TORT OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY SUCH PARTY.
13. Intellectual Property.
You acknowledge and agree that the Site and all its components, texts, graphics, data, designs, look and feel, photographs, sounds, images, software, videos, and other content, including all associated intellectual property rights (“Proprietary Material”), are the exclusive property of TICKET26 and/or its licensors or authorizing third-parties, and is protected in all forms, media, and technologies. You may not copy, download, use, edit or retransmit any Proprietary Material, in whole or in part, without the prior written permission of TICKET26.
14. Force Majeure.
We shall be relieved from liability for partial or complete failure to fulfill obligations under these Terms and Conditions due to force majeure circumstances. In case of force majeure, We shall notify You of the commencement and cessation of circumstances preventing Us from fulfilling our obligations.
15. Amendments to the Terms.
TICKET26 may modify these Terms and Conditions from time to time in its sole discretion. If we make changes to these Terms and Conditions, we will post the updated Terms and Conditions on the Site. If You continue accessing the Site and using the Services, then You are deemed to have accepted the amended Terms and Conditions. If You do not agree to the amended Terms and Conditions, You will terminate these Terms and Conditions before the date they become effective and will stop accessing the Site and using our Services.
16. Term and Termination.
These Terms and Conditions will become effective immediately upon your use of the Site and/or our Services and shall remain effective unless terminated by either party as provided hereunder.
You may terminate these Terms and Conditions at any time by sending us an email, which shall be effective immediately upon delivery of such notice. If You terminate these Terms and Conditions, your account will be automatically canceled, all bookings from You will be canceled and any refund and/or payment to the Guide will be made in accordance with the Cancellation Policy.
TICKET26 may terminate these Terms and Conditions for convenience at any time by sending You an email to your registered email address, which shall be effective immediately upon delivery of such notice. If We terminate these Terms and Conditions, We may cancel any of your bookings and refund You the amounts previously paid for those bookings. You will not be entitled to any compensation for termination and/or cancel bookings.
TICKET26 may, at its sole discretion and without notice, terminate these Terms and Conditions at any time, and/or cancel or limit your access to your account if You have materially breached any obligation under these Terms and Conditions.
When these Terms and Conditions have been terminated, You are not entitled to a restoration of your account and, if terminated by
TICKET26, You shall not apply for a new account or access and use the Site through another account.
In the event of termination or expiration, the following sections shall survive: Acceptance of Risk and Waiver of Liability, Disclaimer, Limitation of Liability; Your Responsibility and Indemnification, Term and Termination; and General Provisions.
17. General Provisions.
(a) Waiver. Failure by TICKET26 to enforce any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.
(b) Entire Agreement. Except for any additional terms included in the Site - excluding the Tour Terms uploaded by the Guides or the tour itself -, these Terms and Conditions constitute the entire agreement between You and TICKET26 with respect to the subject matter of these Terms and Conditions.
(c) Severability. If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain valid and enforceable to the fullest extent possible and shall remain in full force and effect.
(e) Successors. These Terms and Conditions shall be binding on You and TICKET26, and their successors and assigns.
(e) Litigation Class Action Waiver. To the extent allowed by applicable law, You agree that any proceeding to litigate in court any dispute arising out of, or relating to, these Terms and Conditions, will be conducted solely on an individual basis, and You agree not to seek to have any controversy, claim or dispute heard as a class action or any other type of representative proceeding.
(f) Dispute resolution. You agree that You will attempt to resolve any and all disputes in the least onerous manner. If You and TICKET26 are not able to resolve disputes by agreement, then You agree to first mediate any dispute between the Parties to be conducted in Georgia, with mediation fees divided equally between You and TICKET26. In the event that litigation is commenced by either You or TICKET26, You agree to submit to the exclusive jurisdiction of the courts of Georgia. You agree not to file a complaint or other commencement of litigation more than six (6) months after the relevant dispute arose.
g) TICKET26 is not responsible for any incidental expenses You may have incurred in reliance on the tour or travel services booked on the Site, including, without limitation, expenses arising from the purchase of visas, vaccinations, non-refundable flights, or of any loss of enjoyment. or additional payment not calculated by you and your guide.
Unless otherwise stated, TICKET26.com and/or its licensors own the intellectual property rights for all material on TICKET26.com. All intellectual property rights are reserved. You may access this from TICKET26.com for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
Republish material from TICKET26.com
Sell, rent or sub-license material from TICKET26.com
Reproduce, duplicate or copy material from TICKET26.com
Redistribute content from TICKET26.com
This Agreement shall begin on the date hereof. Our Terms and Conditions were created with the help of the Terms And Conditions Generator.
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
TERMS & CONDITIONS
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