Terms and Conditions:
1.0 General
1.1 Who are we?
The toursxplorer.com is a trademark of KMG, SA with its registered office in Largo Rafael Bordalo Pinheiro, 16, Código Postal 1200-369, Lisbon, Portugal, with the NIF 508441544, RNAVT: 6820, email: [email protected], telephone number +351 915623588.
Toursxplorer.com works as an online aggregator of suppliers of experiences for tourists and aims to enable the acquisition of a wide range of experiences on a single website.
The companies represented on the platform toursxplorer.com may also own their own websites and they will not have any relation with this platform.
The first descriptions of the products are the responsibility of the adherent operators. However, toursxplorer.com reserves the right to edit the content and writing of every product that needs interference without previous notice. Editions in the products may be made by our Content Management Team at any time, for better SEO scores, readability, and product presentation, in order to guarantee better success selling rates while keeping the information previously added by the experience provider.
1.2 Acceptance of the terms of use
By browsing the toursxplorer.com platform, you agree and accept the terms and conditions shown here. If you do not agree to the terms or any particular term, please do not register as a Customer, Supplier or seller and stop navigating the platform.
1.3 Liability for registration
Records must be made by individuals. If it is necessary to register a company, it will be mandatory for the registration to include the name of the person who legally represents it. Pseudonyms or false names are not allowed. Toursxplorer.com reserves the right to delete any account created if this principle is not observed.
1.4 Number of accounts
Each entity can have up to two accounts. A vendor account and an account for a vendor (if you want to sell products from other Vendors). If the same entity creates two accounts then two different email addresses must be used, one for each account.
The same goes for Customers. If a Customer also wishes to sell the products advertised on the toursxplorer.com platform, they may create an agent account. Again, you will need two different email addresses.
1.5 Price policy
The prices shown on the platform toursxplorer.com are the sole responsibility of the companies that provide the services. These may vary according to the pricing policy of such companies, without prior notice or special reason that is not justified. Suppliers of the services are free to make promotions or create packages that include various services they provide.
We also work with commissioners who use the platform as a tool for selling the products contained in it without, however, having any links with either toursxplorer.com or the Suppliers of the experiences. These commission agents may be individual companies or individuals. In any case, toursxplorer.com keeps a record of all of them so that it is known precisely who releases or helps sell tickets for the experiments.
1.6 Licensing
All Service Providers sold on the toursxplorer.com platform, having their registered office in Portugal, can only present their products or services if they have a license from the activity regulator (Tourism of Portugal), and it is mandatory to mention the number of RNAAT in the area that is reserved on the platform.
All operators based in other countries are exempt from this prerogative.
1.7 Booking conditions or purchase of vouchers
The conditions of reservation or sale/purchase of vouchers are defined by each Supplier and for each specific product. These conditions shall be included in each product’s datasheet. No product should be offered or purchased in which there is no clear and unambiguous information that is necessary for the full clarification of the product.
When making a purchase, all conditions described in the presentation of the experiment are expressly accepted.
Supplier shall be responsible for any alteration or acceptance of interpretations that differ from the foregoing.
Purchases must be made by one person. In case of purchases made by or for companies, the person who obligates the company must be indicated.
1.8 Terms of participation
You are solely responsible for the information you provide at the time of purchase.
The Supplier has the right to reject your admission if incorrect information has been provided during the ticket acquisition process. In this case there will be no right to any refund of amounts paid.
If you endanger yourself or other participants in the experience, the Supplier has the right to exclude you from participation. In this case you will not be entitled to claim any refund of amounts paid.
1.9 Changes or cancellations
The supplier has the right to change times or cancel events for reasons related to weather conditions, or other unexpected or accidental circumstances.
In case of impossibility of running the tour, toursxplorer.com will refund 100% of the payment. This may happen due to bad weather conditions or an unannounced failure from our partners.
In case the customer decides to cancel the tour after it is booked two situations can happen:
If the cancellation request is more than 3 days before the booked date: Payment is refunded minus the standard booking fee of 10% of the total payment value.
If the cancellation request is done less than 3 days before the booked date: no refund is issued.
When the tour is booked and the customer fails to reach the meeting point or simply does not come for the tour, there is no right to be refunded and this is considered a no-show.
All the refunds will be manually analysed by toursxplorer.com staff and special conditions can be applied to each tour.
1.10 Time zone
The timing for any warranty; complaint; or another subject for which it is necessary to define a time frame is based on the TMG time.
1.11 What information do we collect and keep?
In order to be able to satisfy the booking needs of the activities provided by the Experienced companies, it may be necessary to collect some personal information from the buyers of the tickets. Thus, the platform has different forms for each Supplier in order to collect the information appropriate to the activity of each one. In some specific cases, it may be necessary to collect key data for the Supplier to verify that the Customer is able to perform the activity that he intends to perform.
In these cases, the tickets are not transferable to persons other than the individual identified when the purchase was made.
For security reasons, toursxplorer.com securely retains all information collected in its servers and undertakes not to disclose it to third parties, and the specific data of each Supplier’s interest will be passed on to it in order to comply with its obligations and needs.
1.12 Information used by payment processors
Toursxplorer.com does not have access to the data collected by the credit card companies or other online payment methods used on the platform.
The data collection is done separately from the platform itself.
Toursxplorer.com is not responsible for the use that the companies that manage the means of payment can make of the information collected for the purpose of payment.
No confidential information regarding means of payment is retained on the platform or will be known to the Partner Providers of the experiences.
1.13 Automatic collection of information
The toursxplorer.com website automatically collects information about the platform visitor’s IP address as well as information about the web browser used. In order to provide you with a better browsing experience, we also retain information about the pages visited, products viewed, purchases made, searches performed, etc.
Our goal is to help the visitor find the experience that best suits their taste or need more quickly and effectively.
1.14 Cookies Policy
“Cookies” are bits of information that are stored by the Web browser on the computer’s hard drive for record-keeping purposes. Cookies in and of themselves only identify your computer; they do not personally identify you.
The toursxplorer.com platform uses cookies by default. If you want to prevent the use of cookies you must use the features offered by your web browser for this purpose.
Cookies are used to improve navigation results on the platform, but it can work without them although in that case, it will decrease your browsing experience.
1.15 Changes to our policies
We know that we integrate activity in permanent mutation. That is why we warn that from time to time it may be necessary to adjust our policies to the reality of the moment.
Toursxplorer.com reserves the right to change policies as and when required and is not required to alert Partners or Customers of such changes.
We encourage all users of the toursxplorer.com platform to check our policies from time to time to see if there are any changes that merit their attention.
If you continue to use the toursxplorer.com platform after we have changed our policies, this assumes your acceptance of the changes we have implemented and your consent to the application of those changes.
preferred routes for contact will always be available on the platform.
Alternatively, you can use the email address [email protected] if you feel it is convenient.
1.16 Response time
It is in our interest to keep the platform at excellent levels of acceptance and effectiveness.
We will respond to all e-mails at the time for us deemed convenient to fulfill our interests. If we take longer than you consider reasonable, please remain calm as we will respond with certainty.
1.17 Litigation
If there is any case where litigation is necessary, you should first contact the Experience Provider to try to resolve the situation. If you are unsuccessful, toursxplorer.com will be able to intervene to try to resolve the situation, but only if it proves that all possibilities have been exhausted with the experience provider.
If there is any dispute with the platform itself, it is already clear that, if it is necessary to resort to the intervention of courts, the parties agree and accept that it will be the region of Lisbon, Portugal that can be used for this purpose, regardless of the country of origin of the litigant or the country from which the purchase of the ticket was made. The applicable law is Portuguese law.
2.0 Customers
2.1 Children not accompanied by adults
Unaccompanied children are not allowed in any experiment. If you purchase a ticket for the purpose of providing a child with the activity, you must bear in mind that you must purchase a ticket for a person who is over 18 years of age. Toursxplorer.com will not be held responsible for the sale of tickets that may be used by minors. The responsibility for the admission of the participants is always and only the promoter of the experience, which will have to verify if the participants fully meet their requirements.
2.0 Customers
2.1 Children not accompanied by adults
Unaccompanied children are not allowed in any experiment. If you purchase a ticket for the purpose of providing a child with the activity, you must bear in mind that you must purchase a ticket for a person who is over 18 years of age. Toursxplorer.com will not be held responsible for the sale of tickets that may be used by minors. The responsibility for the admission of the participants is always and only the promoter of the experience, which will have to verify if the participants fully meet their requirements.
2.2 Minor’s access to the platform
Internet access by children is the sole responsibility of their tutors. Toursxplorer.com or its Partners may not be liable for any misuse of the platform by children who have access to it improperly.
2.3 Loss of Tickets
Toursxplorer.com maintains a digital version of all tickets sold through the platform. In case of loss or damage verified in the printed version, the Customer will always have the possibility to reprint the title by simply logging into his toursxplorer.com account or contacting the Agent that made the reservation (for example, reception of the hotel where the ticket was purchased). When the ticket is generated, a copy is sent to the buyer’s email. In many cases, this email may serve as proof of purchase because the form contains the bar code that allows the validation of the title.
2.4 Cancellation
As a general rule, it is not possible to change the canceling policy of each Supplier of the experiments. The cancellation policy is the sole responsibility of each of the companies participating in the platform. Sometimes the cancellation policy of each of the companies does not match the cancellation policy of toursxplorer.com. In cases where it is difficult to enforce the cancellation policy announced by each Supplier, the Customer shall immediately communicate, in writing via e-mail, any occurrence, clearly explaining what happened, accompanying the information with all documents related to the subject. Toursxplorer.com will attempt to fairly mediate any dispute between the Supplier and buyer of the experience.
2.5 Emails you may receive
In order to keep the platform participants updated, we will be able to send e-mails informing you of the news.
Some emails may be promotional, informative or just to give you knowledge of new products.
If you do not wish to receive this information you will always have the possibility to cancel the subscription automatically by clicking on the link that follows in all the emails, destined to that end.
Remember, however, that even leaving our mailing list you will continue to receive emails regarding your purchases on the platform as well as emails with other administrative information. You’ll also be able to receive emails asking you to respond to satisfaction surveys that help us improve our service.
2.6 How you can have access to your information
We take great care of the personal information we collect. Thus, the platform is protected by Secure Socket Layer (SSL). You can check this in the URL that appears in your browser when you visit the platform. It will begin with https: where the ‘s’ stands for ‘secure’.
You will then be able to access the area where your personal information is contained, in a safe way, and you can change it, add it or delete it.
For security reasons, even if you modify your information, we will keep a copy of the modified data for possible internal use should it prove necessary.
You can also cancel your account on the platform by simply logging in to the secure area and clicking the link for that purpose. We’ll send you an email so you can confirm that you’ve actually made the decision to cancel the account, so there’s no misunderstanding.
If you delete your account, we will keep in your files your information to prevent fraud, disputes, investigations or other legal aspects of our interest.
2.7 Our measures for data protection
a) We use Internet industry standards for hosting, collection, storage, and processing of data and use third-party services for these purposes. Although we have chosen credible and internationally renowned Service Providers, we will not be able to 100% guarantee the integrity of the service provided for reasons inherent in the nature of the industry.
b) Tours, activities, and experiences announced on our platform are made available through Suppliers. Our Suppliers may have privacy policies that differ from Toursxplorer.com’s Privacy Policy.
You should also be aware that some vendors of products sold on this platform may require additional Personal Information or Other Information (such as health or fitness information) to determine if you can participate in a particular activity. You should read and rely solely on the Provider’s Privacy Policy (and not the Toursxplorer.com Privacy Policy) if we do not collect this information directly from you.
2.8 Closing accounts
Any account opened on toursxplorer.com is not subject to a minimum or maximum time of existence. Whether you are a Customer, Supplier, or Seller, you can at any time and without any justification cancel the account opened on our platform.
As long as there are accounts to be settled between toursxplorer.com and the entity canceling the account, the parties will remain in contact until the pending issues are resolved.
Toursxplorer.com reserves the right to unilaterally terminate any account whenever the rules set forth herein are infringed.
2.9 External links
If any of our Partners post information about their products that link to external websites, we caution that these websites do not operate in accordance with our policies. We are not responsible, therefore, for its contents.
We strongly recommend that if you are redirected to an external website from our platform, take some time to review the policies of this website before taking any action that may lead to the provision of personal data or credit card numbers without first understanding how this entity will treat your personal information.
2.10 Google Maps API
Our platform uses Google Maps to enhance your browsing experience. Make it clear that Google may need to retain anonymous user information. You agree and accept that toursxplorer.com is unaware of any such retention of information.
2.11 Google Analytics
Toursxplorer.com uses Google analytics. Google Analytics provides us with anonymous reports of website activity. For this purpose Google Analytics uses cookies. Information about Google’s privacy policy can be found at http://www.google.com/intl/en_ALL/privacy.html. By using Toursxplorer.com you consent to the processing of your data by Google.
2.12 SPAM
We will only send you emails to the address you used to register on the platform or to the email used to make purchases. If you have a spam filter enabled on your email server, it may happen that the information sent by us is forwarded to the junk mail. We strongly recommend that if you do not receive email vouchers purchased from our platform, please make sure they are being forwarded to spam.
3.0 Suppliers of experiences (activities intended for tourists)
3.1 SPAM
If you are a Partner as a Service Provider, we alert you to our intransigence regarding the disclosure of your products via the Internet through unsolicited emails. If you want to advertise your products on our platform you should make use of ads; links on other websites; authorized email lists; but never SPAM.
Failure to comply with this requirement may lead to the termination of your account on the platform toursxplorer.com, with no possibility of appeal.
3.2 Acceptance of Terms and Conditions
By registering to offer your products or services on the toursxplorer.com platform, the Supplier accepts the terms and conditions by clicking on the “I accept the terms of conditions” box. With this agreement, the Supplier agrees to give toursxplorer.com the ability to manage without interference the way the platform presents itself to Partners or Customers and gives the platform manager full rights to use the images and texts related to the products in it disclosed.
3.3 Validation of information
Toursxplorer.com is not responsible for verifying and validating the information about products placed by the Supplier. It has, however, the right to exclude information placed by the Supplier that is harmful to the interests of the platform or that conflicts with common sense.
3.4 License to exercise the activity
The Supplier, in order to be able to display its products on the platform, must be constituted as an entity accredited by Finance and Tourism of Portugal (must have a valid taxpayer number and RNAVT or RNAAT).
All operators based in other countries are exempt from this prerogative.
3.5 About the services provided by Toursxplorer.com
Supplier agrees and authorizes Toursxplorer.com to:
a) Use your images to promote the activity targeted by the platform;
b) To contract, the services rendered by him directly with the final Client;
c) Receive amounts through any means of payment in force on the platform to pay for the acquisition of tickets for the activities sold;
d) Authorizes the platform to contract online payment services to collect amounts owed by Customers for the purchase of services provided by the Supplier, transacted on the platform;
e) Authorizes the platform to provide online Payment Service Providers with the necessary information about the Client to process the payment or return of the securities;
f) To contract the services of third parties for the promotion and sale of the products or services presented by the Suppliers in the platform.
3.6 Mission of Toursxplorer.com
Experitor.com facilitates the submission of Supplier proposals to End Customers through the platform and contributes to the promotion of their online services and encourages platform visitors to place orders that increase the commercial success of Suppliers.
When the tickets are purchased, Toursxplorer.com issues a barcode or QR voucher according to the validation needs of each operator.
Operators who do not have bar code readers will be able to use the application provided by the platform for validating the tickets.
3.7 “Test Buyers”
The Supplier authorizes Toursxplorer.com to use “test buyers” up to four (04) times per year to verify the quality of the product or service advertised on the platform by the Supplier. These “test buyers” act discreetly and anonymously to keep the verification intent intact. Upon completion of the purchase, the Supplier will be informed of the action taken and will receive a brief report on the test.
3.8 Reliability of information
The Supplier guarantees that all the information you provide on the platform about the company, products and services is reliable, correct and up-to-date.
3.9 Translation of texts
Some fields with texts that need translation may be automatically translated by external services hired by Toursxplorer.com. If the Supplier finds any translation that does not correspond to his idea about what he intends to present, he must inform the platform immediately so that the appropriate change can be made.
3.10 Disclaimer
The Supplier exempts the platform from any liability inherent in the provision of the service advertised on it at Toursxplorer.com as well as the way in which it occurs.
3.11 Customer Information
The Supplier agrees that it is its responsibility to provide the necessary information to the Customer so that he can fully enjoy the service purchased through the platform. As an example: meeting point; duration of the event; schedules; necessary equipments; clothing more suitable; etc.
3.12 Qualification of staff
The Supplier guarantees that all guides and personnel accompanying and/or guiding the Client have the legal competencies necessary for the exercise of their activity.
Supplier assumes full responsibility for the way its staff relates to Customers who have legally acquired their ticket via Toursxplorer.com.
3.13 Best price guarantee
The prices charged on the platform as well as the commissions paid for your products or services to be displayed on Toursxplorer.com cannot be higher than those publicly practiced or displayed in online or non-promotional means used by the Supplier in the exercise of his activity.
3.14 Guarantee of exclusivity
The Supplier may only present his own products on the platform. You are not authorized to display products or services as an intermediary. The Supplier must be prepared to ensure the execution of his own service.
3.15 Guarantee of equal treatment
The Supplier warrants that the Customers coming from the Toursxplorer.com platform will be treated in exactly the same way as customers are treated by their own channels.
3.16 VAT policy
The prices shown on the platform should already include VAT at the legal rate in the country where the experiments take place.
3.17 Billing of the services provided by the Supplier to the Customer
The Supplier is obliged to pass to the Customer an invoice with the amount directly received by him and which includes all the fees inherent to the transaction.
3.18 Billing of tickets sold by the platform
a) The Supplier is obliged to invoice to Toursxplorer.com all the amounts received by him for sales made via the platform, clearly mentioning what taxes are applied.
b) This invoicing must be made monthly, starting on the 30th of each month, reflecting the sales figures referring to the previous month.
3.19 Billing of services provided by the platform
a) Toursxplorer.com invoices the Customer for the total paid directly to the platform.
(If the customer pays the platform only the value of the reservation and the remaining Vendor, it will receive an invoice from each entity relative to the amount paid to each of the parties.)
b) Toursxplorer.com is obligated to bill the Supplier for all amounts paid by the Supplier for the service provided via the platform. Amounts paid for ticket sales are always retained by the platform whenever a transaction is confirmed.
c) The amounts payable for extra services, requested by the Supplier, will be billed separately and must be paid by the Supplier according to the conditions contracted for this purpose.
3.20 Transaction Fees
a) The Supplier agrees to pay Toursxplorer.com a commission for each sale made on the platform at a percentage agreed between the parties individually. The commission will be deducted from the total value received by the platform for sales made to the Supplier.
b) Toursxplorer.com supports the fees charged by credit card operators for transactions made within the platform. The amount transferred by toursxplorer.com to the Supplier reflects the sum of the net prices of all the reserved Services under consideration. However, some banks may charge fees to receive payments or make international transfers. These fees are the sole responsibility of the Supplier. Due to bank transfer costs, toursxplorer.com may decide not to transfer amounts below € 50.00 or an equivalent amount in a different currency. If in a certain month the amount of € 50.00 is not reached, toursxplorer.com has the right to delay payment until such amount is reached.
c)com assumes no responsibility or responsibility for the Supplier for any costs related to cancellations; payment failures or cancellations of payments made by credit card, by the Customer.
d) In the event of cancellation by the Customer of any payment made by him with a credit card, toursxplorer.com will require from the Supplier the replacement of this amount which can be transferred to toursxplorer.com or discounted by it in future transactions, for checking current account.
e) In cases where there is a cancellation of payment by credit card by the customer before the experience is performed, toursxplorer.com will inform the Supplier immediately.
3.21 Assurance of change information
Once Supplier is automatically informed by the platform whenever there is a sale of your product or service containing such contact information of the buyer, you are obligated to communicate directly to the Customer any changes that may occur, such as change of date or time; cancellation of activity; etc.
The Supplier is obliged to inform the platform of any change imposed on the service until two hours before the scheduled time when the ticket was sold.
In the description of the product or service it is mandatory to clearly state the information regarding the cancellation and / or return policy practiced by each Supplier, for each product.
3.22 Data processing
a) The Supplier guarantees that it will treat all the information collected by the platform and that it is provided in accordance with the national and European data processing standards.
b) The Supplier warrants that it will not use the data provided by the platform for ticket validation as a data source to be used for its own marketing campaigns or any other type of communication not expressly authorized by the Customer.
c) The Supplier guarantees to hold all rights to the images or texts uploaded by you to the platform, being solely responsible for their content or writing. Placing them on the platform gives them the right to use them to advertise and promote under any support both the products and the own toursxplorer.com.
4.0 Agents
4.1 What are Agents?
Agents are all toursxplorer.com Partners who are dedicated to the promotion and sale of the products presented on the platform by Experiment Providers receiving a commission for the sales made through their accounts.
Agents may be legally constituted companies or individuals who agree to receive legally the amounts to which they are entitled.
4.2 Commitment of the Agent
The Agents undertake to make good use of the platform, complying with all the rules scrupulously. Not being obliged to participate in the process, if they do not agree with our policies they must cancel their account and stop promoting the platform.
4.3 Responsibility of Agents
a) The Agents when rendering a service to the platform, that culminates in an effective sale will be entitled to the corresponding commission. This amount will be automatically posted and presented as a current account in the back office assigned to each participant and will be protected by login with a secret password.
b) It is expressly forbidden to provide the secret password to third parties and if this occurs, toursxplorer.com excludes any liability for any action that may arise.
c) All Agents are assigned a link that leads the Customers to their page, thus allowing the sales of each Agent individually to be counted.
d) Agents may not under any circumstances make SPAM promote the platform as a whole or its individual link.
e) The Agents may disclose your link or create ads or banners that lead Customers to your page on their own websites, if any, as well as on third-party websites.
f) All forms of disclosure to attract Customers may not pass on incorrect or misleading information.
g) We encourage all Agents to make use of the images and banners chosen for this purpose and made them available in the back office assigned to them.
h)com does not authorize the use of images of Suppliers by Agents without prior written authorization.
i) The campaigns of disclosure of the links of each Agent are made by each Agent at their own risk and in no case may be attributed to toursxplorer.com any responsibility for the results obtained.
j) Agents assigned to kiosks are responsible for them and undertake to keep them operational as well as to return them in perfect condition when requested to do so. They also authorize that whenever necessary technicians of toursxplorer.com carry out maintenance operations of the same whenever it is deemed convenient.
4.4 Commissions
a)com pays the Agent an individually agreed commission on all sales made by you through the platform following the individual and non-transferable link assigned to it.
b) This payment is made monthly on the amounts accumulated in the previous month. Toursxplorer.com reserves the right to transfer the amounts to the account indicated by the agent only if these are of value equal to or superior to 50,00 €. If in one month this value is not reached, it will transit to the next month accumulating until reaching the minimum value mentioned above.
c) The Agent shall be responsible for the expenses related to the costs charged by the banks for the transfers, which shall be deducted whenever there is a payment to the Agent.
d) All amounts paid to the Agents by toursxplorer.com will have to be treated fiscally in accordance with the legislation in force and the responsibility of the Agent to declare such values, even if it is a non-incorporated individual, will be on the Agent’s side.
4.5 Suspension of service
a) The link between the Agent and the platform is established online via registration on the specific page of the toursxplorer.com platform where the Agent agrees to the terms and conditions set forth herein and is for an indefinite period.
b) The Agents are independent entities, having no permanent or labor relationship with toursxplorer.com.
c) Toursxplorer.com reserves the right to maintain or exclude any Agent without having to justify its decision. The same is true of the Agents since they can cancel your account at any time, without the need for justification.
d) The Agent’s connection to the platform is not transferable to third parties and the account is unilaterally canceled whenever the use of the account is detected by another than the subscriber.
4.6 Compensation
a) If for any reason there is a need to suspend the service, either by the platform manager or by the hosting services or for any other reason, temporarily or permanently, the Agents may not require toursxplorer.com any indemnification by loss or damage resulting therefrom or any other liability.
b) The Agent agrees that in no case shall it be liable to toursxplorer.com for any damage or loss allegedly attributed for platform failure.
4.7 Languages for written communication
Only two languages are allowed for written communication between the Agent and the platform: Portuguese and English.
Last Updated: 2022-05-01
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