(Valid from 22/12/2023)
1.1. These Tour Operator Terms & Conditions (hereafter “Terms”) govern the relationship between Exploriada Ltd (hereafter "we", "us", "our", or "Exploriada"), a company registered in England & Wales, and the tour operator (hereafter "you" or "Operator") who wishes to list and sell tour products and services on the Exploriada online marketplace located at www.exploriada.com (hereafter “Platform”).
1.2. By registering on the Platform and using our services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you must refrain from using our Platform.
2.1. To list your products on our Platform, you must first register an account providing all mandatory information.
2.2. You must provide accurate, current, and complete information during the registration process and regularly update your account information to ensure it remains accurate, current, and complete.
2.3. You are responsible for maintaining the confidentiality of your account and password. Any actions taken under an Operator's account will be deemed as having been performed by the Operator and they are solely responsible for all activities that occur under their account.
2.4. You must promptly notify Exploriada of any unauthorized use of your account or any other breach of security.
2.5. You are responsible for keeping your contact details, notably email and phone numbers, up to date. You must ensure that Exploriada's email addresses are added as trusted contacts and not categorized as spam. You acknowledge that Exploriada is not responsible if you miss crucial information because our emails were relegated to your spam folder.
2.6. You understand and agree that we rely on the contact details you provide to convey all bookings and significant details regarding client, security and Platform queries. If you fail to receive vital information due to inaccurate contact details or because our communications are erroneously classified as spam at your end, Exploriada will not bear responsibility for you not receiving such information or delays in its receipt.
2.7. You agree not to create an account or access the platform using a pseudonym or false identity.
2.8. Exploriada reserves the right to remove or merge duplicate accounts.
2.9. Exploriada reserves the right to suspend or terminate an account if any information provided during the registration process or thereafter proves to be inaccurate, outdated, or incomplete.
3.1. You are responsible for the accuracy, content, and legality of your listings.
3.2. All descriptions, images, and details must truthfully represent the tour or service provided.
3.3. You grant Exploriada a non-exclusive right to use, reproduce, display, and distribute the content you provide in connection with the Platform.
3.4. You are not permitted to include any content that may be deemed offensive, misleading, or defamatory. All content should adhere to community standards and respect the diverse audience using the Exploriada platform.
3.5. You must not include your private or company name, postal address, email address, phone number, website address, or any other contact details in the tour descriptions unless the fields explicitly allow for such information. Exploriada reserves the right to remove or obfuscate such details at its discretion.
3.6. You acknowledge that by listing on the Exploriada platform, your offerings may be subject to reviews and feedback from clients. Such reviews will remain on the platform for the benefit of future clients and to maintain transparency. Client reviews are final and cannot be removed or hidden.
3.7. In cases where content is found or reported to be in violation of these terms or any applicable law, Exploriada reserves the right to remove, desactivate or edit such content at its discretion.
3.8. All promotional and marketing materials associated with the listed tours or experiences should be of high quality, genuine, and should not infringe upon the rights of any third party.
3.9. You are encouraged to update your listings regularly to reflect any changes or new information regarding your offerings. Stale or outdated listings may be subject to removal or down-ranking in search results on the platform.
3.10. Exploriada reserves the right, but is not obligated, to monitor and review the content submitted by you. Any content that does not meet our standards or violates these terms can be removed without prior notice.
4.1. Payment for bookings made through the Platform will be processed by Exploriada. We will deduct our agreed commission from the payment and remit the balance to you within a specified timeframe.
4.2. Commission is deducted from the final value of each confirmed booking and is retained by Exploriada.
4.3. Exploriada will collect payments for the booking of the Operator products made by clients. However, should the Operator opt for payment on arrival by the clients, Exploriada will only collect its commission. In such scenarios, the Operator assumes responsibility for collecting their portion of the payment directly from the client.
4.4. In instances where Exploriada collects payment on behalf of the Operator, the following rules apply:
a. Payments are made solely for products and bookings that have been completed and provided by the Operator. Consequently, payments will only be released after the respective tour or reservation has concluded.
b. The Operator will receive payment via their chosen method, aligned with the specific days of the month outlined in the "Schedule of Payments" document. This document can be accessed within the Help section of the Tour Management Centre. It is noteworthy that Exploriada reserves the right to amend the "Schedule of Payments" document, and such modifications will not necessitate revisions to these Terms & Conditions.
4.5. All prices listed must be inclusive of any applicable taxes and charges as per England & Wales law.
4.6. Exploriada reserves the right to withhold a portion of the Operator's payment in the event that it is contested by the client on the grounds that:
a. The tour provided did not include the inclusions offered in the price at the time of booking.
b. The tour's itinerary was significantly different than the one booked and approved by the clients.
4.7. The portion of the payment will be withheld until the matter is resolved. The resolution period will not exceed 30 days from the date the claim was made by the client.
4.8. The withheld amount may be released back to the Operator if Exploriada determines the client's claim to be unjustified. Conversely, if Exploriada finds the client's claim to be justified, the withheld amount or a portion thereof may be granted to the client and subsequently deducted from the Operator's payment. The amount to be withheld or deducted will be proportionally calculated from the total booking amount, based on the severity of the breach or any additional costs incurred by the client which were supposed to be included in the tour price. Exploriada commits to impartially considering the perspectives and narratives of both parties involved.
4.9. It remains the Operator's responsibility to ensure that all aspects of the tour align with the details and inclusions listed on the Platform, to prevent such discrepancies and potential withholding of payments.
4.10. The Operator acknowledges that if they opt for being paid on arrival by the client, and in the event of a late cancellation by the client, Travel Perks may not be in a position to collect the cancellation fee from the client that has been defined by the Operator in the cancellation policy.
5.1. The Operator's cancellation and refund policy must be clear, fair, and in compliance with England & Wales consumer protection laws.
5.2. The Operator has the autonomy to define their cancellation terms. This can be done universally for all products or specifically for each individual product.
5.3. Tours that do not need the Operator's confirmation are considered confirmed immediately upon booking by the client.
5.4. The Operator can elect to manually confirm every booking initiated by a client. For such a booking to be considered finalized and communicated as confirmed to the client, it must be verified by the Operator.
a. If a tour or activity is manually confirmed by the Operator and later canceled by the Operator without a valid reason, and where the reason is within the control of the listing Operator (excluding factors such as severe weather, significant included third party activities that were canceled or no longer operating, or other uncontrollable circumstances), customers are entitled to a full refund or the option to reschedule. The Operator will be required to pay a penalty amounting to 3% of the net value (Operator's total portion) of the booked tour.
b. Conversely, if the option for manual booking confirmation is not made available or utilized, the Operator retains the right to cancel the booking without incurring any cancellation penalty. Customers are entitled to a full refund or the option to reschedule.
5.5. If a client cancels a booking, refunds will be processed as per your stated policy.
5.6. All decisions related to refunds, penalties, and rescheduling will be at the discretion of Exploriada, considering the best interests of both the client and the Operator.
6.1. You shall indemnify and hold harmless Exploriada from and against all claims, damages, and expenses arising out of any breach of these Terms or any actions, negligence, or misconduct by you.
6.2. Exploriada will not be liable for any loss of profits, loss of business, or other indirect or consequential losses arising from your use of our Platform.
6.1. Definition: Tailor-made tours are bespoke travel experiences curated by the Operator in response to a specific request or requirements of the client. These tours are personalized and crafted to meet the unique preferences, interests, and schedule of the client.
6.2. Inquiries and Communication: The Operator is responsible for promptly and effectively responding to any inquiries related to tailor-made tours. Clear and precise communication is essential in understanding the client's needs and expectations.
6.3. Quotations: All quotations provided for tailor-made tours must be inclusive of all costs and clearly itemize what is included and excluded in the tour package. The Operator must honor the prices quoted for the duration specified in the quotation.
6.4. Commission and Pricing: Tailor-made tours are subject to a commission fee upon successful booking, similar to ready-made tours. The commission rate for tailor-made tours may differ from that of ready-made tours, and will be clearly communicated to the Operator. Operators are required to provide prices for tailor-made tours with the Exploriada commission excluded. The final price presented to the client will include Exploriada’ commission.
6.5. Booking and Confirmation: Once the client accepts a quotation for a tailor-made tour, the booking process follows the same procedures as standard tours, with payment processed through Exploriada unless otherwise agreed upon. Confirmation of the booking will be sent to the client upon completion of the necessary steps.
6.6. Changes and Amendments: Any changes requested by the client after the confirmation of a tailor-made tour must be accommodated by the Operator to the best of their ability. If additional costs are incurred due to these changes, the client must be informed and agree to the updated pricing before the changes are implemented.
6.7. Cancellation Policy: The Operator’s standard cancellation policy applies to tailor-made tours, unless a different policy has been explicitly agreed upon with the client and communicated to Exploriada.
6.8. Disputes and Resolution: In the event of a dispute arising from a tailor-made tour, Exploriada will mediate between the Operator and the client to resolve the issue, taking into account the bespoke nature of the service and the expectations set during the booking process.
6.9. Feedback and Reviews: Clients will have the opportunity to provide feedback and reviews for tailor-made tours, similar to standard tours. The Operator is encouraged to actively seek and respond to this feedback to continually improve their services.
6.10. Responsibilities: The Operator is responsible for ensuring that all services, accommodations, and activities included in the tailor-made tour meet the agreed-upon standards and comply with all applicable laws and regulations.
6.11. Insurance and Liability: The Operator must ensure that they have adequate insurance to cover tailor-made tours, including any additional risks or liabilities that may arise due to the bespoke nature of these tours.
6.12. Marketing and Promotion: The Operator may use successful tailor-made tours as examples in their marketing materials, with the client's consent. Any promotional material must accurately represent the services provided and not make any false or misleading claims.
6.13. Opting Out: Operators have the option to opt out of providing tailor-made tours. Operators that choose to opt out will not receive inquiries or requests related to tailor-made tours. This preference can be updated at any time through the Operator’s account settings on the Platform.
6.14. Response Time: Prompt responses to tailor-made tour inquiries are crucial. Operators are expected to respond to these inquiries within a predefined timeframe set by Travel Perks. Failure to respond promptly may result in the Operator being excluded from future tailor-made tour requests or a reduction in the likelihood of receiving such requests.
7.1. We reserve the right to terminate your account and remove your listings for any breach of these Terms or any other reason at our sole discretion.
7.2. Upon termination, any pending financial transactions will be settled as per these Terms.
8.1. These Terms are governed by the laws of England & Wales.
8.2. Any dispute arising from these Terms or your use of our Platform will be subject to the exclusive jurisdiction of the courts of England & Wales.
9.1. We may update or modify these Terms at any time. Any changes will be effective immediately upon posting on our Platform. Your continued use of the Platform signifies your agreement to the updated Terms.
10.1. If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
10.2. These Terms constitute the entire agreement between Exploriada and the Operator concerning the subject matter herein.