Terms of Use

Welcome to the Tourscheck.com website (the "Website").

Tourscheck.com are the electronic services offered on or via the Website are offered and operated by TOURSCHECK INC having its Registered Office at 7950 Stirling Bridge Blvd S, Delray Beach, FL 33446, USA EIN 82-1730097., (“We/ Us/ Our/Tourscheck”), for support, maintain of Tourscheck internet platform and online payment via Tourscheck.

The term “customer/you/user" refers to the customer visiting our website, mobile website, mobile applications or our booking engine and/or booking a reservation through us on this Website, or through our customer service agents.

By using the Website you agree to be bound by these Terms of Use.

Please read this Terms of Use carefully and save it. If you do not agree to be bound by this Terms of Use and to follow all applicable laws, you should leave the Website and discontinue use of the Service immediately.

This Terms of Use will remain in full force and effect while you use the Website and/or are a User. You may terminate your usage at any time. Even after your usage is terminated, this Terms of Use will remain in effect.

Definitions

By Tourscheck.com we mean the features and services we make available, including through our website at Tourscheck.com and any other Tourscheck branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions) now existing or later developed.
By "Travel Provider" we mean the person, agency or company responsible for delivering and managing the travel services rendered through Tourscheck.com.
By "You” and “User” we mean the person, agency or company acting as a customer or user of travel services which are booked through Tourscheck.com which services are delivered by the Travel Provider.
By "travel service" we mean the accommodation, travel guide, guided tours, transportation, food and dining and other travel or tourist service which customers can make with Travel Providers.
By "information" or "content" we mean facts and other information about a Travel Provider, including anything you or other users post on Tourscheck.com
By “Website” we mean Tourscheck.com websites, mobile websites, mobile applications or our booking engine.

1. Bookings and Website Use Governed by These Terms

1.1) Your use of this website and any bookings you make via this website are subject to these Terms of use (the 'Terms'). You agree to use this website in accordance with and subject to these Terms.

The Terms constitute the entire Terms of Use between you and Tourscheck INC (Tourscheck.com).

If you do not accept these Terms, do not use this Website and do not make a booking via the Website.

1.2) We facilitate the processing and booking of travel services. We do not provide, own or run any travel services ourselves, whatsoever.

1.3) You confirm that you are of sufficient age to lawfully use this Website, enter into a contract and to create binding legal obligations for any liability you may incur as a result of the use of this Website. You understand that you are financially responsible for all uses of this website by you, and those using your log-in information.

1.4) When you make a booking on the Website, you agree to enter into a contract for travel services with Travel Provider and your contract for travel services is with the Travel Provider, not our website, which is acting as agent for the Travel Provider. It is the Travel Provider’s responsibility to provide you with the travel services. We are not responsible for the fulfillment of any booking made through our website or for the quality of any travel services that are booked.

1.5) You may be asked to review the travel services that you have received. We appreciate all feedback, but please note that we may share your review with the Travel Provider in question so that they can act on your feedback and make any necessary improvements. The Travel Providers will have your contact details and may contact you to ask further questions about your experiences in order to help them to make further improvements.

2. Making and Cancelling a Booking

2.1) On making a booking, you will be required to pay a non-refundable deposit (security deposit being a fixed percentage of the total value of your booking) which will always be non-refundable. We collect this deposit for and on behalf of the relevant Travel Provider.

You may also be required to pay a flat booking fee, which is our fee for making the booking. Where we charge a booking fee, it is non-refundable in all circumstances.

You will be responsible to the Travel Provider for payment of the balance of the cost of the booking made by you, together with any other payments for any additional services subsequently agreed with the Travel Provider and, where applicable, payment of the Travel Provider's service charges and taxes, pursuant to the terms and conditions of trade applied by such Travel Provider.

Travel Provider has the right to request information about your credit card, debit card or other payment method.

2.2) You must use a credit card, debit card or other payment methods (PayPal, Payoneer, Yandex, AliExpress, etc..) to guarantee a booking. By making a booking with your credit card, debit card or other payment methods, you agree to accept relevant cancellation and no-show policy of the Travel Provider as set out in its Terms and conditions. In the event that you cancel your booking outside the permitted timeframe specified in this policy (or that you fail to arrive by your agreed check-in-time), you authorize the Travel Provider to charge to your credit and debit card or other payment method account without further reference to you an amount not exceeding the charge of total booking.

Please note that there will be no additional charges for cancellations or no-shows in respect of Non-Refundable Bookings, but you will not be refunded the cost of any part of your booking in such circumstances.

2.3) Your non-arrival by the meeting time may result in the cancellation of your entire booking. Any amendments to your booking must be notified to and agreed with the Travel Provider directly (but no refund of all or any part of the deposit will be made). In making a booking, it shall be your responsibility to disclose to the Travel Provider any requirements or special facilities that you or a member of your party may need as a result of any medical conditions.

2.4) When a booking is confirmed we will issue the booking confirmation on behalf of the Travel Provider for each booking, but will not provide information about any charges for additional services or details of the service charge or taxes charged by the Travel Provider. We strongly recommend you check and confirm with the Travel Provider the precise terms and conditions upon which the Travel Provider makes the reserved service available to you upon receipt of the booking confirmation. The reference numbers included on the booking confirmation should be quoted in all enquiries, cancellation or modification of the booking.

2.5) You may cancel your booking in accordance with the cancellation policy of the Travel Provider as disclosed on the booking confirmation. Please cancel via your "My Account" by logging in at https://balmondo.artefact.io/login/user/

2.6) Security deposits are non refundable in the event of a cancellation.

2.7) We are not obligated to ensure that the Travel Provider processes your bookings correctly. There will be no additional charges for cancellations or no-shows in respect of Non-Refundable Bookings, but you will not be refunded the cost of any part of your booking in such circumstances according to the Travel Provider terms and conditions or customer-care policy.

2.8) The deposit and the booking fee that you pay will be payable in the currency that you select as your "settlement currency" when making your booking. Where the travel service price was uploaded by the Travel Provider in a different currency, the deposit amount that you will be charged in your settlement currency will be calculated by converting the deposit price into your settlement currency.

3. Liability and Disclaimers

3.1) In the event of a problem arising with your travel services, you should contact the Travel Provider. If you have a problem with the booking that you have made via our website please contact us directly via customer.service@tourscheck.com

3.2) We are the Travel Provider's agent and, as such, we are not a party to the contract between you and the Travel Provider for the provision of travel services and we have no responsibility or liability to you in respect of the terms of that contract, whatsoever. In particular, we are not responsible for:

the accuracy or completeness of the descriptions of travel services that are displayed on our website;
the fulfillment of a booking made through the Website;
the quality or fitness for purpose of the travel services that are or may be booked through the Website;
any difficulty, accident, illness or any other problem which is caused by the travel services or which is suffered by you or any of your party during the usage or that may arise from using of those services;
the ratings and reviews displayed on the Website (the ratings are partly based on the opinions and reviews of people who have booked and experienced the relevant travel services);
any error or failure in the making or recording of a booking which is due to your error or which is due to any other circumstances that are outside our control (such as a power failure) or
any cancellation of a booking by a Travel Provider for any reason whatsoever or any failure to provide all or any part of the booked service by that Travel Provider (and we strongly recommend that you take out an appropriate travel insurance policy).

3.3) Neither we nor any our directors, employees, affiliates or other representatives will be liable to you (or any member of your corporate group, your affiliates or any other person or party who has an interest in the booking) for: (j) indirect, special or consequential loss or damages, (ii) loss of data, income, profits, business or opportunity or (iii) loss of or damage to property, in each case arising out of or in connection with the use of any information, products, services, facilities and/or the information and/or materials offered through this website, even if we have been advised of the possibility of such loss or damage, or such loss or damages were reasonably foreseeable.

3.4) Our maximum aggregate liability to you (and any other party that has an interest in the booking) in relation to any booking made through us (whether in contract, tort or otherwise) shall be limited solely to the value of the booking fee that has been paid for that booking. Prior to making a booking, you should ensure that you have reviewed the Travel Provider's terms and conditions and that they are acceptable to you.

3.5) We have not visited all Travel Providers or tried their travel services listed on this Website and we do not carry out routine checks of the Travel services. The listing of any travel services on the Website is not and should not be taken as a specific recommendation from us or a representation that the travel services will be suitable for the user's purpose or that the travel services will be of any particular quality.

3.6) To the greatest extent permitted by applicable law, all representations, warranties and conditions, whether express or implied, statutory or otherwise are hereby excluded, including without limitation representations, warranties or undertakings about any of the services, facilities, information and/or materials on this website, including without limitation, their accuracy, their completeness or their merchantability, quality or fitness for a particular purpose, this website is provided strictly on an “as is” basis and, in particular, we do not warrant that the information published on the website will be error-free or that the website will be virus or bug-free.

3.7) Nothing in these Terms shall operate to exclude or limit liability arising out of: (i) fraud or fraudulent misrepresentation or (ii) death or personal injury resulting from the negligence of the party seeking to rely on the exclusion or limitation.

4. Credit and Debit Card Security

4.1) We make reasonable efforts to ensure that all credit card and debit card transactions carried out via this Website are secure. All debit card and credit card transactions are carried out through a third party authorized service. HOWEVER, if unauthorized charges appear on your credit card or debit card statement for any card used on this website at any time during or after you make your booking, conduct your transaction or disclose your card details on this Website, tourscheck.com shall not be liable or responsible in any way in respect of any damage or loss of whatsoever nature suffered by you arising from or in any way connected with said use, transaction or disclosure, save where such unauthorized charges appear as a direct result of our negligence and subject to any statutory rights which you may have.

5. Intellectual Property Rights and Web-Links

5.1) The information, content, software, graphics/images, text, sounds, videos, trademarks, service marks, trade names and logos ("Materials") contained in this website are protected by the laws of copyright, trademarks, database rights and other intellectual property rights under national laws and international treaties. The parties hereby agree that we or our licensors (as the case may be) retain all right, title, interest and intellectual property rights in and to the Materials. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Materials. Nothing in these Terms shall be construed as transferring or granting (by implication or otherwise) to you any license or right in or to the Website Content.

5.2) This website may contain hyperlinks to websites operated by parties other than us. Such hyperlinks are provided for your reference only. We does not control such websites and are not responsible for their contents. The inclusion of hyperlinks on this website to such other websites does not imply any endorsement of the material on such websites or any association with their operators.

5.3) Our website is made available for personal use. You may not copy, monitor, screen-scrape, spider, deep-link or reproduce any content, information or software displayed on this site for any commercial or competitive purpose.

6. User Generated Content

6.1) Certain parts of the Websites may allow you or third parties to post content, reviews, messages, photos, materials or other items (these being "User Generated Content Features"). You are solely responsible for your use of such User Generated Content Features and use them at your own risk. By using any User Generated Content Features, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Websites any of the following:

(a) Any message, data, information, text, music, sound, photos, graphics, code or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, offensive, harassing, threatening, abusive, inflammatory, fraudulent, invasive of privacy or publicity rights or otherwise objectionable or inappropriate;

(b) Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

(d) Content that may infringe a third party's privacy or data protection rights;

(e) Viruses, corrupted data or other harmful, disruptive or destructive files; or

(f) Content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Websites, or which may expose us or our users to any harm or liability of any type.

6.2) We accept no responsibility and are not liable for any Content of any kind that is posted, stored or uploaded by you or any third party on the Websites, or for any loss or damage caused as a result thereof. As a provider of interactive services, we are not liable for any statements, representations or Content provided by users of the User Generated Content Features or other public forum. Although we have no obligation to screen, edit or monitor any of the Content posted to or distributed through the User Generated Content Features, we reserve the right, and have absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Websites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Websites at your sole cost and expense.

6.3) Any use of the User Generated Content Features or other portions of the Websites otherwise than in accordance with these Terms may result in, among other things, termination or suspension of your access to the User Generated Content Features and/or the Websites. In order to comply with an order of a court of competent jurisdiction or to protect our systems or users of the Websites, we may process and disclose any information held by us in relation to a user of the Websites who posts or uploads inappropriate or objectionable Content including, without limitation, their name, email address, IP address, usage history, and posted Content.

6.4) By posting or distributing Content to or through the Websites, unless we indicate otherwise, you:

(a) grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media whatsoever;

(b) represent and warrant that the Content that you post or otherwise distribute (i) complies with these Terms; (ii) is accurate and not misleading; and (iii) shall not expose us to any civil or criminal liability or otherwise materially adversely affect our business or reputation.

7. Reviews

7.1) You may be asked to review the travel services that you have received. We appreciate all feedback, but please note that the Travel Provider in question will have access to your review so that they can act on your feedback and make any necessary improvements. The Travel Providers will have your contact details and may contact you to ask further questions about your experiences in order to help them to make further improvements.

8. Indemnity

8.1) You agree to indemnify and hold us, our subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the website in contravention of these Terms.

9. Restricted Nationals

9.1) You hereby confirm and represent to us that if you are a national of Cuba, Iran, Syria, Sudan, or North Korea ( “Other Restricted Territory”) that your credit card is not issued through an “Other Restricted Territory” nor is your booking made while you are present in an “Other Restricted Territory” (c) You hereby confirm to us that you will not use this website for any purpose that is unlawful or prohibited by these Terms.

10. General

10.1) Our failure to enforce at any time or for any period any one or more of the Terms shall not be construed as a waiver of them or the rights attaching to any of them.

10.2) The headings used in these Terms are for convenience only and shall not affect the meaning or scope of these Terms or otherwise be given other legal effect.

10.3) We reserve the right to change these Terms as well as the contents of this website for any reason and without liability to you, any other user or any third party. This right shall not affect the Terms accepted by you upon making a legitimate booking using this website. You should check these Terms for any changes each time you access the website.

10.4) These Terms shall be governed by and construed in accordance with the laws of United States of America, and You agree to submit to the jurisdiction with the rules for commercial arbitration of the American Arbitration Association (or a similar organization) in effect at the time such arbitration is initiated in all disputes arising out of or relating to the use of this Website each time you access the website. Use of this website is not authorized in any jurisdiction that does not give effect to all provisions of these terms and conditions including, without limitation, this paragraph.

10.5) You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of this website. Our performance of these Terms is subject to existing laws and legal process and nothing contained in this Terms of Use is in derogation of our right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by us with respect to such use. If any part of these Terms is determined to be invalid or unenforceable, including but not limited to the "Liability and disclaimers" section, then the invalid or unenforceable provision shall be deemed to be superseded by any such valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Although we cannot monitor the conduct of its users offsite, it shall be a violation of these Terms to use any information obtained from this website in order to harass, abuse or harm other persons, or in order to contact, advertise to, solicit or sell to any user or person without their prior express consent.

10.6) While our terms require that Travel Providers display prices which are inclusive of all value added and other additional taxes, the price displayed is ultimately the responsibility of the Travel Provider. The user acknowledges that we shall not have liability to the user in respect of any attempt by an Travel Provider to levy additional value added or other taxes on the user at the point of payment as a supplement to the price displayed and the users sole recourse in this regard will be against the Travel Provider.

11. Privacy Policy

11.1) Full details of our privacy policy can be found here, which is hereby incorporated into and forms part of these Terms.