Last Updated: January 14, 2020
We help users to research and book travel experiences, post opinions of those experiences, and engage in interactive travel forums. However, we are not a travel or tour agency, and we do not provide such experiences ourselves. When you make a Reservation, you will be purchasing a tour, ticket or other service directly from the third-party supplier.
2. Use of the Services
- 1. As a condition of your use of the Services, you represent and warrant that (i) all information supplied by you in the course of your use of the Services is true, accurate, current and complete, and (ii) you are 13 years of age or older in order to use the Website. Tours Nation does not knowingly collect the information of anyone under the age of 13.
- 2. Your use of the Services is permitted by Tours Nation only for personal, non-commercial use and/or to make legitimate requests to make a Reservation of the Products offered. You agree not to use this Services to make any speculative, false or fraudulent requests or Reservations.
- 3. You further represent and warrant that you (a) are not currently suspended and have not previously been banned by Tours Nation from using the Services; (b) are not acting on behalf of a competitor of Tours Nation; (c) will not create more than one Tours Nation Account; and (d) have full power and authority to enter into this legally binding agreement and in doing so will not violate any other agreement to which you are a party.
- 5. In accessing or using the Website, you may be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. Tours Nation does not endorse such content and cannot vouch for its accuracy. You therefore access and use the Website at your own risk.
3. Tours Nation Accounts
- 1. You may need to create a Tours Nation Account and provide information about yourself in order to use some of the features on the Website and other Services, including when you make a Reservation. You are responsible for maintaining the confidentiality of your Tours Nation Account password and log-in credentials ("Tours Nation Account Credentials"). You are also solely responsible for all activities (including Reservations) that occur in connection with your Tours Nation Account. You agree to notify us immediately of any unauthorized use of your Tours Nation Account.
- 2. Your Tours Nation Account is for your personal use only. You may not impersonate someone else (e.g., adopt the identity of a celebrity), create a Tours Nation Account for any person other than yourself, provide an e-mail address or other personal details other than your own, or create multiple Tours Nation Accounts.
- 3. We may terminate or suspend access to your Tours Nation Account or your ability to use the Services, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your Tours Nation Account or ability to use the Services if you misuse the Website. Any such termination or suspension could prevent you from accessing your Tours Nation Account, the Website, User Content, Website Content, and/or any other related information.
- 4. You may terminate your Tours Nation Account at any time by contacting us to request that we close your Tours Nation Account, and by discontinuing your use of any and all parts of the Services. If you close your Tours Nation Account, we may continue to display your previously published User Content and are under no obligation to remove any of your User Content.
- 5. AS A USER OF THE SERVICES, YOU UNDERSTAND AND AGREE THAT: (1) NEITHER TOURS NATION NOR ITS AFFILIATES WILL HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY UNAUTHORIZED RESERVATIONS MADE USING YOUR TOURS NATION ACCOUNT AND/OR TOURS NATION ACCOUNT CREDENTIALS; AND (2) THE UNAUTHORIZED USE OF YOUR TOURS NATION ACCOUNT AND/OR TOURS NATION ACCOUNT CREDENTIALS COULD CAUSE YOU TO INCUR LIABILITY TO BOTH TOURS NATION AND OTHER USERS.
4. Website Prohibited Activities
- 1. The content and information on the Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material, and collectively described herein as the "Website Content"), as well as the infrastructure used to provide such Website Content, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any Website Content, or any products or services obtained from or through the Website. Any other use of the Website Content, products and/or services requires the prior written permission of Tours Nation.
2. Additionally, you agree that you will not and will not assist or enable others to:
- a. use the Website or the Website Content for any commercial or unlawful purpose;
- b. access, monitor or copy any Website Content using any robot; spider, scraper or other automated means or any manual process to access, scrape, index, retrieve or otherwise use the Website or any Website Content for any purpose without our express written permission;
- c. violate the restrictions in any robot exclusion headers on the Website or bypass or circumvent other measures employed to prevent or limit access to the Website;
- d. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure or makes excessive traffic demands on the Website;
- e. deep-link to any portion of the Website for any purpose without our express written permission;
- f. "frame", "mirror" or otherwise incorporate any part of the Website into any other website without our prior written authorization;
- g. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any Software;
- h. use the Website to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user's use of the Website;
- i. use the Website to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
- j. use the Website in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting reviews;
- k. use the Website to promote bigotry or discrimination against protected classes;
- l. use the Website to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- m. use the Website to submit or transmit pornography or illegal content;
- n. use the Website to solicit personal information from minors, or to harm or threaten to cause harm to, any person including minors;
- o. attempt to gain unauthorized access to the Website, user accounts, computer systems or networks connected to the Website through hacking, password mining or any other means;
- p. use the Website to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
- q. use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website;
- r. use the Website to violate the security of any computer network, crack passwords or security encryption codes;
- s. disrupt or interfere with the security of, or otherwise cause harm to, the Website; or
- t. remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Website, features that prevent or restrict the use or copying of Website Content, or features that enforce limitations on the use of the Website.
5. Electronic Communications
- 1. When you use the Tours Nation Website, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically and agree that we may communicate with you in a variety of ways, such as by e-mail, in-app push notices, or by posting notices and messages on the Website. You may unsubscribe from marketing-related e-mails by emailing unsubscribe@ToursNation.com, however we may continue to send you non-marketing messages, such as messages related to any upcoming Reservations.
- 1. You and other users of the Website may contribute to the Website in a number of different ways, including submitting emails, writing reviews, making postings, uploading and posting photos or videos, making comments or suggestions, submitting ideas, filling out public profiles, rating other users' contributions and making other similar contributions or submissions to the Website and/or otherwise to Tours Nation (collectively, 'User Content'). We may use User Content in a number of different ways, including but not limited to displaying it on the Website, reformatting it, translating it into other languages, editing it for clarity and grammar, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites, mobile properties, applications, and media platforms.
- 3. Tours Nation and its affiliates may display advertisements and other information adjacent to or included with your User Content on the Website. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without notice to you.
4. The Website may contain discussion forums, bulletin boards, review services or other forums in which you and other users of the Website may post User Content ("Interactive Areas"). Within such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Website any User Content that comprises or includes:
- a. content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- b. content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of a securities exchange such as the New York Stock Exchange (NYSE), the American Stock Exchange or the NASDAQ;
- c. content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- d. content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Tours Nation;
- e. promotions, political campaigning, advertising, contests, raffles, or solicitations;
- f. private information of any third party, including, without limitation, surname (family name) address, telephone number, e-mail address, Social Security number and credit card number;
- g. Viruses, corrupted data or other harmful, disruptive or destructive files;
- h. content that is unrelated to the topic of the Interactive Area(s) in which such User Content is posted; or
- i. content or links to content that, in the sole judgment of Tours Nation, (a) violates the previous subsections herein, (b) is objectionable, (c) restricts or inhibits any other person from using or enjoying the Interactive Areas or the Website, and/or (d) may expose Tours Nation or its affiliates or Website users to any harm or liability of any type.
- 5. You alone are responsible for the User Content you submit. You assume all risks associated with such User Content, including anyone's reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in such User Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, such User Content as described herein. You may not imply that such User Content is in any way sponsored or endorsed by Tours Nation.
- 6. Tours Nation takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Tours Nation liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
- 7. Although Tours Nation has no obligation to screen, edit or monitor any User Content, Tours Nation reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any User Content at any time and for any reason, and/or to have such actions performed by third parties on its behalf, and you are solely responsible for creating back-up copies and replacements of your User Content at your sole cost and expense. Tours Nation has no obligation to retain or provide you with copies of your User Content, nor do we guarantee any confidentiality with respect to your User Content.
7. Links to Third Party Websites
- 1. The Website may contain hyperlinks to websites operated by parties other than Tours Nation ("Third Party Sites". Such hyperlinks are provided for your reference only. Their presence on the Website does not signify any endorsement by Tours Nation of the material on such Third-Party Sites nor any association with their operators.
- 2. We do not control Third Party Sites and are not responsible for their contents, or the privacy or other practices of those that own and operate them.
- 3. It is your responsibility to ensure that whatever hyperlinks you select and/or software you download (whether from the Website or Third-Party Sites and including Software) are free of Viruses.
- 4. In some cases, you may be asked on a Third-Party Site if you wish to link your profile on Tours Nation to a profile on such Third-Party Site. Choosing to do so is optional. If you decide to link your profiles and you later wish to disable such link, you should contact the Third-Party Site.
8. Software on the Website
- 1. Software from the Website is further subject to United States export controls. No software from the Website may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Sudan, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (b) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
- 3. You acknowledge and agree that all Software contained on the Website is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
- 4. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY IN ACCORDANCE WITH THE TERMS OF THE APPLICABLE LICENSE AGREEMENT.
9. Copyright and Trademark Notices
- 1. Excluding Third Party Content, the Website and all content of the Website including, but not limited to, all visual interfaces, interactive features, custom graphics, design, computer code, products, software, compilation of other content (such as compilation of third party content), and other elements and components of the Website are: ©2020 Tours Nation LLC. All rights reserved. Tours Nation is not responsible for content on websites operated by parties other than Tours Nation. All other product or service names or slogans displayed on the Website (including those of the Products) are registered and/or common law trademarks of Tours Nation, Inc. and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Tours Nation or the applicable trademark holder. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Tours Nation and may not be copied, imitated or used, in whole or in part, without the prior written permission of Tours Nation. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Tours Nation.
- 2. If you are aware of an infringement of either your brand or our brand, contact us at the email address copyright@ToursNation.com.
10. Products and Reservation Reservations
- 3. Tours Nation is not a travel agency and does not provide or own any Experiences. Although Tours Nation provides the Website with information about Products and facilitates Reservations, such actions do not in any way constitute Tours Nation's sponsorship or approval of such Suppliers, or any affiliation between Tours Nation and any Supplier. Although Tours Nation Members may rate and review particular Products based on their own experiences, Tours Nation does not endorse or recommend any Products. You agree that Tours Nation is not responsible for the accuracy or completeness of information it obtains from Suppliers and/or that is displayed on the Website.
- 4. By making a Reservation, you warrant that you are at least 18 years of age, that you possess the legal authority to enter into both this binding agreement and a binding agreement with the Supplier, to use the Services, to purchase the Product, and that all information you supply is true and accurate. You further agree that you will use the Platform to make only legitimate Reservations for you and/or others for whom you are legally authorized to act.
- 1. The price of each Product will be quoted on a per-person basis, unless otherwise specified.
- 2. Price quotations are subject to change without notice, until a Reservation has been made.
- 3. Unless the Supplier has otherwise specified, prices do not include any local taxes or use-fees, including foreign departure, security, port charges, park fees, customs, immigration, agricultural, passenger-facility charges or international transportation tax.
- 4. Inclusions are determined by the Supplier. Prices do not include tips/gratuities; passport and visa fees; baggage and personal insurance; any items of a personal nature; taxes or duties; and any beverages or food that the Supplier has not specifically stated are included.
12. Currency Conversions
- 1. If Tours Nation provides a currency converter, currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified, and actual rates may vary. Currency quotes may not be updated on a daily basis, and Tours Nation and its affiliates do not warrant or guarantee accuracy. Tours Nation shall not be liable to you if prices change due to currency fluctuations.
- 1. When you make a Reservation, Tours Nation, as the limited payment collection agent of the Supplier, collects your payment information and processes your payment. Full payment by credit or debit card is required to make a Reservation, unless otherwise specified. The charge will be listed as Tours Nation on your statement.
- 2. The value of your Reservation may be subject to taxes, duties, foreign transaction, currency exchange or other fees. Your bank or payment card company may convert the payment into the local currency and may charge fees, resulting in differences between the amount displayed through the Platform, and the final amount charged to you. Tours Nation recommends that you contact your bank or card company if you have any questions concerning any applicable currency conversion or fees.
14. Modifications or Cancellations by You
- 1. Once a Product has been purchased, your Reservation cannot be changed by you or cancelled with a refund, unless otherwise stated in the terms and conditions applicable to such Product.
- 2. The standard cancellation policy allows you to request a change to and/or cancel a Reservation up until 24 hours before the start time of the Reservation; or if the Experience does not have an explicit start time, the deadline to request a change or to cancel will generally be 11:59pm, two days before the start date. Timings are calculated in accordance with the time zone of the Experience.
- 3. If any Product is designated as 'All Sales Final' or with materially similar messaging (which includes but is not limited to all group Reservations booked through our Group Reservations Department), it is non-refundable, and it will not be possible to change or cancel it after making a Reservation. A minority of Products have other, different cancellation policies.
- 4. Requests for modifications and amendments to a Reservation, including date change requests (collectively, a 'Change Request') should be made online through the 'My Tours' and 'Manage Reservation' section of the Website; and if it is possible to implement a Change Request, Tours Nation shall not charge a fee for doing so, as long as the Change Request is received by us by the deadline specified in the Product listing. Please note that a Supplier may charge a fee to accommodate a Change Request; in such circumstances, you will be required to pay such fee in order that Tours Nation may successfully process your Change Request.
- 5. All Change Requests shall be processed by Tours Nation subject to the availability and agreement of the applicable Supplier. Tours Nation does not guarantee the success of any Change Request. To the extent the Supplier is unwilling or unable to accept such Change Request, then your right to a refund (if any) shall be governed by the cancellation terms of your Reservation.
- 6. If you make a Reservation using a promotion code, or if you accept a discount or special-offer price during the check-out process, you may invalidate your discount or special-offer price by making a Change Request after Reservation.
- 7. No refunds are available once an Experience has commenced, or in respect of any Product's package, accommodation, meals or any other services that have started to be utilized.
15. Other Modifications and Cancellations
- 1. Occasionally a Supplier may make a change to a Product after your purchase, including but not limited to the date, price, inclusions, coverage, age requirements, and/or any other Product features and/or requirements. As a result, Tours Nation reserves the right to cancel, change or substitute any Product that you have purchased, at any time, for any reason. If the change proposed by the Supplier is material (for example, a change in dates and/or a significant change to the itinerary), and you are dissatisfied with the alternative that is offered, you will be entitled to a full refund of the original purchase price.
- 2. We may decide, in our sole discretion, that it is necessary or desirable for the protection of our interests, the Supplier's interests and/or your interests, to withdraw our Services resulting in an override of the Product's cancellation policy and the effective cancellation of a Reservation. We may also determine, in our sole discretion, to arrange refund to you part or all of the amounts charged to you. You agree that we and the applicable Supplier shall have no liability for such cancellations or refunds.
16. Passports, Visas & Insurance
- 1. When you make a Reservation, you are responsible for ensuring that you meet all foreign entry requirements and that your travel documents, including passports and visas, are in order.
- 2. For applicable passport and visa requirements, you should consult the relevant embassy or consulate for information. Such requirements may change at any time, and it is your responsibility to check for up-to-date information before making a Reservation and before your departure. Tours Nation accepts no liability in connection with any person who is refused entry onto a flight or into any country, including countries such person may just be passing through to their destination.
- 3. As visa and health requirements are subject to change without notice, Tours Nation recommends that you verify health and visa requirements with the appropriate consulate prior to departure. It is also your responsibility to consult your physician for current recommendations on inoculations before you travel internationally, and to ensure that you meet all health entry requirements and follow all medical guidance related to your trip.
- 4. Tours Nation strongly recommends that you purchase a comprehensive travel insurance policy prior to departure to protect your Product purchase. If you cancel your trip or significantly alter travel dates, your travel insurance policy may reimburse the cost of cancellation fees and related expenses. Please review your travel insurance policy carefully for related terms and conditions.
- 5. Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Tours Nation urges customers to investigate and review travel prohibitions, warnings, announcements and advisories issued by the United States Government and destination country governments prior to Reservation travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
- 6. TOURS NATION DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO ANY DESTINATION IS ADVISABLE OR WITHOUT RISK, AND TOURS NATION IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
17. Our Liability
- 2. THE INFORMATION, CONTENT, SOFTWARE, PLATFORM, AND SERVICES PROVIDED BY TOURS NATION MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING IN RELATION TO RESERVATION AVAILABILITY AND PRICING ERRORS. TOURS NATION, ITS PARENT, SUBSIDIARIES AND CORPORATE AFFILIATES (COLLECTIVELY, THE "TOURS NATION GROUP COMPANIES") DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE PRODUCTS AND OTHER SERVICES (INCLUDING, WITHOUT LIMITATION, THE PRICING, AVAILABILITY, PHOTOGRAPHS, FEATURES, INCLUSIONS AND EXCLUSIONS, GENERAL PRODUCT DESCRIPTIONS, REVIEWS AND RATINGS, ETC.). IN ADDITION, TOURS NATION EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY AVAILABILITY AND PRICING ERRORS AND/OR ON RESERVATIONS MADE UNDER AN INCORRECT PRICE.
- 3. THE TOURS NATION GROUP COMPANIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, CONTENT, SOFTWARE, PLATFORM, PRODUCTS, AND OTHER SERVICES FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE TOURS NATION GROUP COMPANIES. ALL SUCH INFORMATION, CONTENT, SOFTWARE, PLATFORM, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE TOURS NATION GROUP COMPANIES DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TOURS NATION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, CONTENT, SOFTWARE, PLATFORM, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE EXTENT PERMITTED BY LAW.
- 4. THE SUPPLIERS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF ANY OF THE TOURS NATION GROUP COMPANIES. THE TOURS NATION GROUP COMPANIES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, NEGLIGENCE OR MISCONDUCT OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM OR OTHERWISE ARISING FROM ANY RESERVATION OR USE OF A PRODUCT. THE TOURS NATION GROUP COMPANIES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERRESERVATION, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
- 5. IN NO EVENT SHALL THE TOURS NATION GROUP COMPANIES (OR ANY OF THEIR OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF DATA OR INFORMATION OR COSTS TO PROCURE SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A PRODUCT OR A RESERVATION, OR YOUR ACCESS TO, DISPLAY OF OR USE OF THE SERVICES WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF TOURS NATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- 6. If any Tours Nation Group Company is found liable for any loss or damage that arises out of or is in any way connected with your use of the Services or with a Reservation or use of a Product, then the Tours Nation Group Companies liabilities will in no event exceed, in the aggregate, the greater of (a) the sum paid to Tours Nation in respect of the Reservation giving rise to the claim, or (b) one hundred dollars (US $100.00).
18. Your Liability
1. You agree to defend and indemnify Tours Nation and the Tours Nation Group Companies and all of their respective officers, directors, employees and agents from and against any claims, causes of action, demands, suits, proceedings, investigations, losses, damages, fines, penalties, fees, expenses, costs and any other liabilities of any kind or nature including but not limited to reasonable legal and accounting fees, arising out of or related to:
- b. your violation of any law, rule, regulation or guideline;
- c. your violation, infringement or misappropriation of the rights of a third party, including without limitation any rights of publicity or privacy;
- d. your use of the Services (including the Website);
- e. your Reservation or use of any Product; or
- f. your negligence or willful misconduct.
- 1. You agree to defend and indemnify Tours Nation and the Tours Nation Group Companies and all of their respective officers, directors, employees and agents from and against any claims, causes of action, demands, suits, proceedings, investigations, losses, damages, fines, penalties, fees, expenses, costs and any other liabilities of any kind or nature including but not limited to reasonable legal and accounting fees, arising out of or related to:
19. General Provisions
- 5. Any rights not expressly granted herein are reserved.