Supplier Terms and Conditions

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

1. GENERAL

1.1 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”).

1.2 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.

1.3 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.

1.4 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.

2. Key TERMS

“Booking” shall mean a booking made by a Customer for a Standard Itinerary.
“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 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 11574959 whose registered office is at 3 Waterhouse Square, 138-142 Holborn, London EC1N 2SW.
‘’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 in 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, extremely 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, extremely adverse weather conditions or force majeure event that prevents the Transport Provider from supplying the Transport Services.

3. ACCOUNTS

3.1 In order to access certain features of the Site and to create a Tour Provider profile, you must register to create an account (“Account”).

3.2 We will create your Account and your Account profile page for your use of the Site based upon the information you provide to us. You may not have more than one (1) active 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.

3.3 Travel Curious reserves the right to suspend or terminate your Account and your access to the Site and Services if you create more than one (1) Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.

3.4 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 Account, whether or not you have authorized such activities or actions. You will immediately notify Travel Curious of any unauthorized use of your Account.

4. HOW THE SITE AND SERVICES WORK

4.1 In order for Tour Providers and Transport Providers to receive Bookings, Tour Providers and Transport Providers must register with Travel Curious or create an Account.

4.2 Travel Curious acts as an 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. 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.

4.3 Travel Curious does not provide Tour Services and/or Transport Services, and Travel Curious is not a Tour Provider or Transport Provider. Travel Curious acts as an intermediary between the Customer, the Tour Provider and/or the Transport Provider.

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

(a) facilitating the availability of the Site and the Booking Services;

(b) serving as the collection agent in respect of the sums due from the Customer to the Tour Provider and/or Transport Provider for the Tour Services and/or Transport Services;

(c) accounting to the Tour Provider and/or Transport Provider for the balance of the sums due in respect of the Tour Services and/or Transport Services (the “Balance”); and

(d) reimbursing to a given Tour Provider and/or Transport Provider the full Booking price of any given Itinerary paid by the Customer.

5. TOUR PROVIDER REQUIREMENTS

5.1 Legal Capacity and Insurance: Tour Providers must be legally able to sell the Tour Services and maintain all required business, liability and all other requisite insurance.

5.2 Professionalism and Competency: Tour Providers must be competent to provide the Tour Services and conduct themselves in a professional, friendly, and reliable manner.

5.3 Responsiveness: Tour Providers shall use best endeavours to contact Customer(s) 24-72 hours ahead of the beginning of any Tour to coordinate final arrangements. Tour Providers accept and understand that you are solely responsible for the Customer’s safety and satisfaction with the provision of the Tour Services.

5.4 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 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.

5.5 Save for a Valid Reason (Tour Provider), in the event of cancellation 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. The Tour Provider shall also indemnify Travel Curious for all losses, claims and costs (including reasonable legal fees) incurred by Travel Curious resulting from cancellation by the Tour Provider under this clause.

5.6 In the event of Tour Provider cancellation that is not a Valid Reason (Tour Provider), Travel Curious shall have the sole and discretionary right, but not the obligation, to alter or stop providing its Services to the Tour Provider, including but not limited to allocating it fewer tours or deregistering the Tour Provider’s Account.

5.7 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. 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. In the event of cancellation less than 72 hours before the tour date and where rescheduling is unavailable, the Tour Provider will be paid his Tour Fee and applicable admin costs.

6. TRANSPORT PROVIDER REQUIREMENTS

6.1 Legal Capacity and Insurance: Transport Providers must be legally able to sell the Transport Services and maintain all required business, liability and all other requisite insurance.

6.2 Professionalism and Competency: Transport Providers must be competent to provide the Transport Services and conduct themselves in a professional, friendly, and reliable manner.

6.3 Responsiveness: Transport Providers shall use best endeavours to contact Customer(s) 24-72 hours ahead of the beginning of any Tour to coordinate final arrangements. Transport Providers accept and understand that they are solely responsible for the Customer’s safety and satisfaction with the provision of the Transport Services.

6.4 Cancellation by a Transport Provider: once a Booking has been allocated to the Transport Provider by Travel Curious the Transport Provider must perform the Booking unless the Transport Provider is unable to do so due to a Valid Reason (Transport Provider). The Transport 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 Transport Provider or to fully refund any amount paid to Travel Curious on the Transport Provider’s behalf for a cancelled Booking. The Customer is at liberty to refuse the services of the replacement Transport Provider, in which case the Customer shall be given a refund.

6.5 Save for a Valid Reason (Transport Provider), in the event of cancellation by the Transport Provider, the Transport Provider shall pay to a Customer with whom he has entered into a Contract the costs of any fee paid by the Customer in relation to the Booking. The Transport Provider shall also indemnify Travel Curious for all losses, claims and costs (including reasonable legal fees) incurred by Travel Curious resulting from cancellation by the Transport Provider under this clause.

6.6 In the event of Transport Provider cancellation that is not a Valid Reason (Transport Provider), Travel Curious shall have the sole and discretionary right, but not the obligation, to alter or stop providing its Services to the Transport Provider, including but not limited to allocating it fewer tours or deregistering the Transport Provider’s Account.

6.7 Cancellation by a Customer: 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 Transport 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.

7. ITINERARIES

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

7.2 Customised Itineraries shall be made at individual Customer request and in consultation with the Customer.

7.3 Upon registering, the Tour Provider shall notify Travel Curious of which Standard Itineraries he is competent to undertake in his city of work. The Tour Provider shall also supply Travel Curious with whatever other information is required as part of Travel Curious’s registration or vetting procedures. Travel Curious reserves the right to change, alter, or modify these procedures from time to time.

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

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

8. PAYMENT

8.1 Tour Provider fees will be set on a Standard Itinerary basis. Standard Itinerary fees will be set by Travel Curious in advance of a Tour. They will be based upon the Travel Curious Hourly Rate. Upon being informed of the tour offer and fee, the Tour Provider may either accept or reject the Tour.

8.2 Transport Provider fees are to be set upon the Travel Curious Transport Provider Rate. Upon being informed of the tour offer and fee, the Transport Provider may either accept or reject the fare.

8.3 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.

8.4 Travel Curious may charge Tour Providers a Booking fee for organising tickets on their behalf.

8.5 Travel Curious undertakes not to charge the Customer for the introduction of the Tour Provider or the Transport Provider.

8.6 A Tour is made up of three components:

(a) the Tour Services;

(b) any Transport Services (for example from the Customer’s accommodation to the commencement of the Tour); and

9. LIABILITY

9.1 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.

9.2 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.

9.3 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:

(a) use of, or inability to use, the Site; or

(b) use of or reliance on any content displayed on the Site; or

9.4 Travel Curious will not be liable for:

(a) loss of profits, sales, business, or revenue;

(b) business interruption;

(d) loss of business opportunity, goodwill or reputation; or

(e) any indirect or consequential loss or damage.

10. ACCEPTANCE OF TERMS

You understand that these Terms govern your relationship with our Customers. You hereby consent to these Terms as governing your relationship between You and the Customers through the Site. You may not provide Tour Services without agreeing to these terms.

11. COOKIES

We use 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 targeting. No personally identifiable information is collected.