Terms of Service

Effective Date: [DATE]

These Terms of Service (“Terms”) govern your access to and use of the websites, applications, and services (collectively, the “Platform”) operated by [COMPANY LEGAL NAME] (“Company,” “we,” “us,” or “our”).

By accessing or using the Platform, you agree to these Terms.

1) What We Are (Marketplace Disclosure)

The Platform is an online marketplace that enables travelers (“Travelers,” “you”) to discover and book tours, activities, and related services (“Experiences”) offered by independent third-party tour operators and service providers (“Suppliers”).

We are not a tour operator and we do not provide Experiences. Suppliers are solely responsible for providing the Experiences they offer, including safety, quality, compliance, and fulfillment.

2) Eligibility and Prohibited States

2.1 Age

You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account or make a booking. If you book for minors, you represent you are their parent/legal guardian or have authority to act on their behalf.

2.2 Prohibited States (Strict Restriction)

The Platform is not offered to, and may not be used by, any person who is a resident of or located in any of the following U.S. states (the “Prohibited States”):

  • California
  • Florida
  • Hawaii
  • Washington
  • Iowa

By using the Platform or attempting to place a booking, you represent and warrant that you are not a resident of, and are not located in, a Prohibited State.

If we determine you are a resident of or located in a Prohibited State, we may deny service, cancel a booking, close your account, and issue a refund consistent with Section 8.

You agree not to attempt to bypass these restrictions using false information, intermediaries, VPNs, or other methods.

3) Accounts

You may be required to create an account to book. You agree to provide accurate information and keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

4) Supplier Listings and Accuracy

Suppliers are responsible for the accuracy and completeness of their listings, including pricing, inclusions/exclusions, schedules, meeting points, availability, requirements, restrictions, and policies.

We do not guarantee the accuracy of listings and are not responsible for Supplier errors, omissions, or changes.

5) Bookings, Payments, and Fees

5.1 Booking Relationship

When you book an Experience, you are purchasing an Experience offered by a Supplier. The Supplier is responsible for delivering the Experience.

5.2 Payments

We may facilitate payment processing for bookings through third-party payment processors. You authorize us (and our payment processors) to charge your selected payment method for the total amount shown at checkout, including taxes and fees where applicable.

5.3 Platform Fee / Commission

We earn a fee/commission from Suppliers for completed bookings (the “Commission”). The Commission amount may vary by Supplier agreement and is not necessarily separately itemized to Travelers unless stated at checkout.

6) Traveler Responsibilities

You agree to:

  • Review all listing details and requirements before booking.
  • Arrive on time and follow Supplier instructions and safety rules.
  • Ensure all participants meet age, health, fitness, and document requirements listed by the Supplier.
  • Behave respectfully; no harassment, discrimination, illegal activity, or dangerous conduct.

7) Changes, Cancellations, and No-Shows

Booking changes, cancellations, and no-shows are governed by the applicable Refund & Cancellation Policy and/or the Supplier’s stated cancellation terms shown at booking.

If there is a conflict, the terms presented to you at checkout or in your booking confirmation will control for that booking.

8) Refunds and Forced Cancellations (Including Prohibited States)

We may cancel and refund a booking in situations including (but not limited to):

  • We determine you are a resident of or located in a Prohibited State,
  • Suspected fraud or misuse,
  • Supplier removal/suspension,
  • Compliance or safety concerns.

Refunds (if any) will be issued to the original payment method, subject to payment processor rules and timing.

9) Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.”
  • WE DO NOT WARRANT THAT EXPERIENCES WILL MEET YOUR EXPECTATIONS OR THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.
  • SUPPLIERS ARE INDEPENDENT THIRD PARTIES. WE DO NOT CONTROL THEIR OPERATIONS OR GUARANTEE THEIR PERFORMANCE.

10) Limitation of Liability (Commission Cap)

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A SPECIFIC BOOKING OR THE PLATFORM (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) WILL NOT EXCEED THE COMMISSION ACTUALLY RETAINED BY THE COMPANY FROM THE SUPPLIER IN CONNECTION WITH THE BOOKING THAT GAVE RISE TO THE CLAIM.

IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow certain limitations of liability, so some of these limitations may not apply to you.

11) Indemnification

You agree to indemnify and hold harmless the Company from and against claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your misuse of the Platform, violation of these Terms, or violation of law.

12) Intellectual Property

The Platform, including all content, branding, and software, is owned by the Company or its licensors and is protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works except as permitted by law or by written authorization.

13) User Content (Reviews, Photos, Messages)

If you submit content (e.g., reviews), you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and distribute it for operating and marketing the Platform. You represent you have rights to submit the content and it does not violate laws or third-party rights.

14) Termination

We may suspend or terminate access to the Platform at any time for violations of these Terms, suspected fraud, compliance reasons, or operational necessity.

15) Governing Law and Venue

These Terms are governed by the laws of the State of Georgia, without regard to conflict-of-law rules. You agree that any dispute will be brought in the state or federal courts located in Georgia, and you consent to their jurisdiction.

16) Changes to These Terms

We may update these Terms from time to time. We will update the “Effective Date” above. Your continued use after changes means you accept the updated Terms.

17) Contact

[COMPANY LEGAL NAME]

Email: [SUPPORT EMAIL]

Address: [BUSINESS ADDRESS]