Terms and Conditions


  1. Definitions and interpretation

    In this Agreement the following terms and conditions have the following meanings:

    Administrator Email Address
    Agreementthese terms and conditions and the Privacy Policy.
    Closed Tour Requestan email generated by Yor Tor in the circumstances set out in clause 4.8.
    Consumera person who browses or utilises the Website.
    Consumer Commentsany comments made or opinions given by a Consumer in relation to a Guide or Tour.
    Consumer Informationas defined in clause 4.4.
    Contentthe text, files, images, photographs, video, graphic materials, sounds, musical works, works of authorship or any other materials.
    Guidea person who has registered with Yor Tor on the Website as a qualified guide and who has registered with the governing tourist guide body in the relevant region or area in which the tourist guide operates.
    Guide ContentContent describing the Guide, their Tours, the Tour Information, services or terms, or those of its staff and content submitted and uploaded by Guides (including articles and blogs) which is available on the Website.
    Information Requesta request for further information relating to any part of the Guide Content, submitted by the Consumer via the Website.
    New Toura Tour which is opened and selected by the first Participant.
    Open Toura Tour which is shared with other Participants.
    Participanta Consumer who takes part in a Tour.
    Participant Tour Pricethe amount payable by each Participant who will each pay an equal share of the Tour Price as set out in clause 4.7.2.
    Privacy PolicyYor Tor’s privacy policy set out on the Website.
    Prohibited ContentContent uploaded by a User that does not comply with this Agreement or is defamatory, offensive, discriminatory, infringes any intellectual property rights of any other person, or is in any way illegal.
    Requesta Tour Request and/or an Information Request as the case may be.
    Servicesany features, services, content, or applications offered from time to time by Yor Tor available on the Website including but not limited to an introduction service intended to assist Consumers in researching, finding and booking Guides and/or Tours; the listing of Tours and providing assistance to Guides to obtain customers for their Tours in various international locations.
    Toura tour provided by a Guide booked and arranged through the Website.
    Tour Pricethe total amount charged by the Guide for each Tour payable by all of the Participants.
    Tour Requesta booking request submitted by a Consumer via the Website for a place on a New Tour or an Open Tour by a Consumer.
    User, you or youreither a Consumer or a Guide who accesses and uses the Website as the case may be.
    Websitewww.teamtourist.com.
    the Website is owned and operated by Yor Tor Limited.
    "TeamTourist" is a trading name of Yor Tor Limited.
    Yor Tor Contentall Content available on the Website except for all of the Guide Content and Consumer Comments and includes, without limitation, the software, interactive Content and the trademarks, service marks, confidential information and logos contained therein.
    Yor Tor, we or usYor Tor Limited, registered number 08310811 with registered address at 75 Maygrove Road
    West Hampstead
    London
    NW6 2EG.
  2. Agreement

    2.1
    The terms of this Agreement apply to all Consumers. Your use of this Website and, if applicable, the Services is subject to the terms of this Agreement. Please read this Agreement carefully before you start to use the Website. When you register for an account on the Website you will be asked to confirm that you have read and you agree to this Agreement. By using the Website, whether or not you use any of the Services, you indicate that you accept this Agreement and agree to abide by and be bound by it. If you do not accept the terms of this Agreement, please refrain from using the Website or the Services.

    2.2
    Some of the Services may require you to download additional software or Content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate, and to the extent the Services are provided directly by Yor Tor, those additional terms are hereby incorporated into this Agreement.

    2.3
    We may modify this Agreement from time to time and such modification will be effective as soon as we have posted it on the Website. You agree to be bound by any changes to this Agreement upon your use of the Services after any such modification is posted. Some of these provisions may also be superseded by provisions or notices published elsewhere on the Website. It is your responsibility to review the Agreement regularly to ensure that you are aware of the latest terms and conditions.

  3. The Services

    3.1
    We provide the Services through the Website. The Services are provided to assist Consumers in finding, researching and booking Guides and/or Tours.

    3.2
    The Website is intended to be used to facilitate the listing and bookings of Tours. Yor Tor cannot and does not control and is not responsible for the tour guide services provided to you.

  4. Requests

    4.1
    You are able to conduct a general keyword search on the Website for Guides or Tours. You can search on the basis of various criteria, including but not limited to location, duration, Tour type, Guide name or using highest ranking Guides. You may select more than one Guide or Tour.

    4.2
    Having selected a Tour(s) or Guide(s), you will be asked to register with us before you submit a Request. There will be no fee for registering and creating an account.

    4.3
    You can submit an Information Request at any time.

    4.4
    When you submit a Tour Request, you will be asked for your personal details, including contact details, number of Participants, ages of Participants, estimated arrival times, any relevant health and dietary issues of Participants (Consumer Information) when you submit a Tour Request. Certain Guides may request additional information to be requested at their discretion.

    4.5
    You must indicate in the Tour Request whether or not you have selected a New Tour or an Open Tour.

    4.6
    Where you have selected a New Tour you will be asked to indicate whether or not the Tour is to be listed as an Open Tour. If no further Participants are to be added to the Tour, a Closed Tour Request will be sent to you and the Guide.

    4.7
    In the case of an Open Tour:

    4.7.1
    we will send you an automated email notifying you when new Participants join the Tour;

    4.7.2
    you accept and understand that the Participant Tour Price payable to the Guide will vary depending on whether or not the maximum Tour capacity is satisfied. The Tour Price will be shared equally between the Participants; and

    4.7.3
    we will send you an automated email containing the Closed Tour Request.

    4.8
    A Closed Tour Request may be generated in any of the following circumstances:

    4.8.1
    where a Tour has reached its maximum Participant capacity;

    4.8.2
    where the Tour Request deadline indicated by the Guide has expired; or

    4.8.3
    where, in the case of a New Tour only, the Participant has selected to close the Tour as set out in clause 4.6.

    4.9
    Once you have submitted a Closed Request we will send an email to the Guide allowing them 24 hours to accept or decline your Request.

    4.10
    We will send you an automated email within 36 hours of your Closed Tour Request stating that:

    4.10.1
    the Guide has accepted your Closed Tour Request;

    4.10.2
    the Guide has declined your Closed Tour Request; or

    4.10.3
    the Guide has not responded within 24 hours to your Closed Tour Request.

    4.11
    Even if we inform you that a Guide has accepted your Closed Tour Request, your Closed Tour Request and place(s) on the Tour are not confirmed until you receive a separate email confirmation directly from the Guide.

    4.12
    We are not involved directly with any Tours. You agree and acknowledge that:

    4.12.1
    we have no control over whether, nor do we represent that, a Guide will perform their obligations in relation to Tours;

    4.12.2
    we have no control over any other Participants and we are not responsible in the event that a Participant does not attend a Tour;

    4.12.3
    we will not become involved in any dispute between a Consumer and a Guide arising out of, or in connection with, any Tour arranged through the Website; and

    4.12.4
    we are not an agent, partner or other representative of the Guide.

    4.13
    The contract for the Tour is between the Participant and the Guide and is subject to the terms of sale agreed between each Participant and Guide. Participants must carefully review any terms relating to Tours.

    4.14
    In the event that a Tour does not take place, through no fault of Yor Tor, we will seek to find an alternative Tour or Guide that you may elect to participate in, however we are under no obligation to do so.

  5. Consumer Comments

    5.1
    We encourage you to provide Consumer Comments about any Guide or Tour.

    5.2
    You must ensure that your Consumer Comments do not contain Prohibited Content.

    5.3
    Any Consumer Comments you submit are non-confidential and non-proprietary and you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free licence to use, copy, distribute, disclose or otherwise make available Consumer Comments to third parties for any purpose.

    5.4
    We are not responsible, or liable to you, for the content or accuracy of any Consumer Comments posted by you or any other User.

    5.5
    We do not review or control the Consumer Comments posted to the Website but we do reserve the right to decline, edit or remove any Content, including Consumer Comments, whether or not they contain Prohibited Material, at our sole discretion and without notice to you.

    5.6
    We reserve the right to investigate and take appropriate action against anyone who, in our sole opinion, is in breach of this Agreement, and in particular, provides Prohibited Content. Such action includes, but is not limited to, reporting the Prohibited Content and your details to the appropriate law enforcement agencies, removing any Content in accordance with this Agreement and suspending or terminating your registration and access to the Website and the Services.

    5.7
    Please contact us using the Administrator Email Address if you wish to discuss the removal of any Consumer Comments.

  6. Privacy and your personal data

    6.1
    We use your personal information in accordance with our Privacy Policy. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate and true.

    6.2
    It is important to note that where you submit a Request and that Request is accepted by a Guide, we will pass on the Consumer Information, including your personal information, that you have provided to us to such Guide. As part of our agreement with any Guides, it is a condition that all Guides must ensure that all personal data is stored and processed in accordance with applicable data protection legislation.

  7. Our fees

    7.1
    We do not charge a fee for use of the Services but we reserve the right to charge a fee for use of the Services in the future. You will be notified prior to any fee being incurred.

    7.2
    The Guides do not pay us a fee in order to advertise their services and Tours on the Website. However, if a Tour Request is accepted the Guides pay us a commission based on the Tour Price and, once received by us, the Guides will then receive the Consumer Information which allows the Guides to confirm the Tour Request.

  8. Guide fees

    8.1
    You acknowledge that while you do not pay for the Services provided by us on the Website, you are liable and solely responsible for the Participant Tour Price and consequently the Tour Price.

  9. 8.2
    You acknowledge that we are not responsible and have no control over the fee set by the Guide for the Tour.

    8.3
    We do not warrant that the Tour Price advertised by the Guide on the Website is accurate or up to date.

    8.4
    The Tour Price advertised for the Tour may or may not be inclusive of VAT or its local equivalent or any other applicable local sales tax or other tax. It is your responsibility to check the Tour Price with the Guide and whether or not the Tour Price is inclusive of any taxes or other additional costs or duties before embarking on the Tour.

  10. Acknowledgements

    You acknowledge and agree that:

    9.1
    use of the Website and the Services will be at your sole risk;

    9.2
    we do not endorse and have no control over Guides, the Tours they provide or any services that they advertise;

    9.3
    Consumer Comments are not reviewed or moderated by us prior to posting and do not reflect our opinions or policies. We make no warranties, express or implied, as to the Consumer Comments or to their accuracy or reliability; and

    9.4
    any bookings and Tours will be made at your own risk.

  11. Website

    10.1
    Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend any or all of the Services we provide without notice. If the need arises, we may restrict or suspend access to the Website, or close it indefinitely.

    10.2
    You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms, and that they comply with them.

    10.3
    We do not guarantee uninterrupted availability of the Website, but we will make reasonable efforts to minimise any periods during which the Website is not available.

  12. Registration

    11.1
    In order to access some features of the Website, you will have to register with us by providing accurate and complete information about yourself.

    11.2
    You are solely responsible for your profile and any activity on it, and must keep your profile password secure. As soon as you become aware of any unauthorised use of your profile or password, you must notify us via email using the Administrator Email Address or by using the Website messaging system immediately.

    11.3
    We are not liable for any losses caused by any unauthorised use of your profile.

    11.4
    We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Agreement.

  13. Status

    By using the Website, you warrant that:

    12.1
    you are at least 18 years old;

    12.2
    you are an individual;

    12.3
    all the registration information submitted by you is correct and true;

    12.4
    you will not create more than one account whether in your name or otherwise; and

    12.5
    you will not allow any other person to use your account;

  14. Term

    13.1
    This Agreement remains in full force and effect while you are using the Services.

    13.2
    We may terminate or suspend your registration and your access to the Website and the Services at any time if you provide false or misleading information, post Prohibited Content or in our reasonable opinion abuse the Services or breach any term of this Agreement.

    13.3
    The terms of clauses 5, 6, 8.1, 9, 13.3, 15, 16, 19.7 and 19.9 will survive the termination of this Agreement.

  15. Viruses, hacking and other offences

    You must not:

    14.1
    misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;

    14.2
    attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website;

    14.3
    you must not attack the Website via a denial of service attack or a distributed denial of service attack;

    14.4
    you must not attack the Website by any other means recognised as an attack vector;

    14.5
    “stalk” or harass any other User of the Website or Services or collect or store any personally identifiable information about any other User other than for the purposes of participating in a Tour;

    14.6
    impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity; and/or

    14.7
    bring the Website into disrepute.

  16. Limitation of liability

    15.1
    Our liability for losses you suffer if we fail to comply with this Agreement is limited to the Participant Tour Price paid by you or £100 (one hundred pounds), whichever is the lower. We will be responsible for loss or damage you suffer that is a foreseeable and direct result of our breach of this Agreement or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of a breach or if it was contemplated by you and Yor Tor at the time we entered into this Agreement.

    15.2
    The material displayed on the Website and Services are provided as seen without any representation or endorsement being made.

    15.3
    All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity are excluded.

    15.4
    To the extent permitted by law, we hereby expressly exclude any liability for, or resulting from:

    15.4.1
    interruption or cessation or inability to use the Website;

    15.4.2
    any websites linked to the Website;

    15.4.3
    any advice provided by any Guides and any Content;

    15.4.4
    any Consumer Comments posted on the Website;

    15.4.5
    loss of income or revenue or contracts;

    15.4.6
    loss of business;

    15.4.7
    loss of profits (whether considered to be a direct or indirect loss);

    15.4.8
    loss of anticipated savings;

    15.4.9
    loss of data;

    15.4.10
    corruption of data;

    15.4.11
    loss of goodwill;

    15.4.12
    wasted management or office time;

    15.4.13
    unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;

    15.4.14
    viruses, trojans, worms, logic bombs, attack vectors or other material which is malicious or technologically harmful which may be transmitted to or through the Website by any third party;

    15.4.15
    errors or omissions in any Content; and/or

    15.4.16
    for any loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

    15.5
    In particular, we give no representation or warranties about the accuracy, completeness, or suitability for any purpose of the information published on the Website or any information provided to you by Guides or on Tours. The information published by the Guides or available on the Website is intended for general information purposes only. It is not intended to constitute advice or guidance which you may rely on. The information may be incorrect or out of date.

    15.6
    Nothing in this Agreement excludes or limits our liability for death or personal injury directly caused by our negligence or for fraudulent misrepresentation.

    15.7
    We do not have any liability for any loss or damage suffered on or in connection with any Tour, including without limitation, personal injury, loss of property or loss of possessions of any person.

    15.8
    We disclaim all liability and responsibility arising from any reliance placed on any information provided to you by any Guide or on any Tour. This information does not reflect our opinion.

    15.9
    Information contained on the Website may have been provided by third parties. We do not independently verify all the data provided. Inclusion of a Guide or a Tour on the Website does not imply any endorsement or approval by us.

  17. Release

    If you have a dispute with a Guide, you release us (and our directors, officers, employees, agents and sub-contractors) from all liabilities, costs, expenses, damages or loss (including any direct or indirect consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection in any way with such dispute. Any such dispute is a matter between you and the Guide in question.

  18. Linking and framing

    17.1
    You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

    17.2
    You must not establish a link from any website that is not owned by you. This does not include any social media websites where such use is at all times in accordance with the third party’s website.

    17.3
    The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with this Agreement and the Privacy Policy.

    17.4
    From time to time, the Website may also include links to other websites. These links are provided for your convenience and/or to provide further information. They do not signify that we endorse these websites. We have no responsibility for the content of the linked websites, nor for any loss or damage that may arise from your use of them.

  19. Intellectual Property

    18.1
    The format and content of the Website is protected by copyright laws and treaties around the world and we reserve all rights in relation to its copyright and any other registered or unregistered intellectual property rights whether owned or licensed to Yor Tor which appear on the Website.

    18.2
    Where any User-generated content is posted and/or uploaded to the Website, the User expressly assigns all copyright and other intellectual property rights to Yor Tor (and Users waive all moral rights to such content).

    18.3
    Consumer Comments and any other Content provided by the User will be considered non-confidential and you grant Yor Tor a non-exclusive, worldwide, perpetual, irrevocable, royalty-free licence to display, use, copy, distribute and disclose to third parties any such material for any purpose.

  20. General

    19.1
    We reserve the right to assign our benefits or subcontract all or any of our obligations under this Agreement.

    19.2
    Neither party is liable to the other for failure to perform any obligation under this Agreement to the extent that the failure is caused by any factor beyond the reasonable control of the parties.

    19.3
    This Agreement constitutes the entire Agreement and supersedes all other agreements or arrangements, whether written or oral, express or implied, between us. Each of the parties agrees that in entering into this Agreement it does not rely on and will have no remedy in respect of any statement, representation, warranty or understanding of any person, whether party to this Agreement or not, other than as expressly repeated in this Agreement.

    19.4
    Neither party will be affected by any delay or failure in exercising or any partial exercising of its rights under this Agreement unless it has signed an express written waiver or release.

    19.5
    If you wish to contact us in writing, or if any clause in this Agreement requires you to give us notice in writing, you can send this to us by email using the Administrator Email Address. We will confirm receipt of this by contacting you in writing, normally by email.

    19.6
    No person who is not a party to this Agreement will have any right to enforce it pursuant to the Contracts (Rights of Third Parties) Act 1999.

    19.7
    If any provision of this Agreement is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that will not affect or impair (i) the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement or (ii) the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of this Agreement.

    19.8
    We make no representation that the Website is appropriate or available for use outside England and Wales. If you access the Website from any other jurisdiction you do so out of your own volition and you are responsible for compliance with the applicable laws.

    19.9
    This Agreement is to be governed by and construed in accordance with English law. The courts of England and Wales will have non-exclusive jurisdiction to settle any dispute or claim in connection with this Agreement.