Curistorian Tours LLC Customer Terms and Conditions
Revised January 10, 2017
This Agreement sets forth the terms and conditions between Curistorian Tours LLC and users who use our services to purchase tours and travel services ("You") from individuals who provide tours and travel related services ("Tour Guides"). This Agreement explains how You purchase tours and specifically limits the liability of Curistorian Tours.
Use of the Site and booking a tour constitutes an agreement to all terms and conditions in this Agreement and you warrant that you understand, agree to and accept all terms and conditions contained here.
1. General
Curistorian Tours LLC provides walking tours. We do this through our website, curistoriantours.com ("Site"), and our booking system Rezgo, www.rezgo.com, which is a communications and payment processing system that enables the connection between You and the Tour Guides.
2. Transactions
You may seek the services of Curistorian Tours LLC through the use of the Site. Once a Tour Guide has accepted your request for service and your payment has been processed, there is a binding contract between You and Curistorian Tours LLC. Once you have purchased a tour or travel service, if there are any issues relating to the service that cannot be resolved directly with the Tour Guide, You should contact Curistorian Tours LLC and we will attempt to resolve the issue.
Curistorian Tours LLC uses a third party service to process your credit card information. For further information regarding that service, please contact Curistorian Tours LLC's credit card processing company, Rezgo (www.rezgo.com). You hereby agree to hold Curistorian Tours LLC harmless for any damages that may result should any personal information about You be released by any third parties.
3. Refunds
Any cancellation by You must be made by telephone or email and acknowledged by Curistorian Tours LLC. The date on which the request to cancel is received by Curistorian Tours LLC will determine the refund due as follows:
Cancellation 2 days or more before departure: Amount paid less upfront costs. These upfront costs are disclosed to you when you use the Site to complete the transaction and may represent out of pocket expenses of the Tour Guide for tickets, transportation deposits and other ancillary expenses.
Cancellation 48 hours or less notice: No refund.
In some cases, the Tour Guide may cancel a tour due to weather or other circumstance. In the event that the Tour Guide cancels the tour, or does not deliver it as promised, You may choose between a rescheduling of the tour OR a full refund of all monies paid or a credit towards an alternative tour. If you choose to accept a credit, the difference in the cost of the alternative tour will be refunded by Curistorian Tours LLC or paid by You, as applicable.
Curistorian Tours LLC is not responsible for any incidental expenses You may have incurred in reliance on the tour or travel services booked on the Site, including, without limitation, expenses arising from the purchase of visas, vaccinations, non-refundable flights, or of any loss of enjoyment.
4. ACCEPTANCE OF RISK AND WAIVER OF LIABILITY
You acknowledge that all travel involves an element of risk and that some tours offered on the Site may be adventurous in nature and may involve a significant amount of personal risk. You hereby assume all such risk and You, your estate, your family, heirs and assigns hereby release Curistorian Tours LLC and the Tour Guide from all claims and causes of action whatsoever arising from any injury, death or other damages, both pecuniary and non-pecuniary, to You that may occur as a result of your participation in the tours offered on the Site or as a result of the negligence of any party, including the Tour Guide or any employee, officer, agent, contractor or assign of Curistorian Tours LLC, whether such negligence is passive or active.
We urge you to exercise caution if you purchase any goods during your tour. Neither Curistorian Tours LLC or the Tour Guide make any claims about the quality, source or other provenance of any goods which may be available for purchase.
5. Information Provided by You
You are responsible for providing accurate, timely and complete information in connection with Your registration for and use of the Site. Curistorian Tours LLC is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided to us by You.
Curistorian Tours LLC will only use your information in accordance with our Privacy Policy. Curistorian Tours LLC will use its best efforts to ensure the privacy of all other personal information, however we expressly disclaim any liability for any damage that may result should any information be released to any third parties. You hereby agree to hold Curistorian Tours LLC harmless for any damages that may result.
Curistorian Tours LLC uses a third party service to process your credit card information, therefore we have no access to your credit card information. For further information, please contact Curistorian Tours LLC's credit card processing company www.rezgo.com.
6. Modification of the Terms of this Agreement
Curistorian Tours LLC reserves the right to make changes to this Agreement from time to time. Curistorian Tours LLC shall provide notice to You of any substantive and/or material changes to this Agreement or any policies posted on the Site by posting such changes on the Site.
7. Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") that You see or read on the Site is owned by Curistoiran Tours LLC, or is used with the owner's permission. This Proprietary Material is protected in all forms, media and technologies. You may not copy, download, use redesign, reconfigure, or retransmit anything from the Site without the prior written permission of Curistorian Tours LLC.
8. Privacy
Curistorian Tours LLC is committed to ensuring the privacy of the information you give us.
9. Limitation of Liability
Under no circumstances will Curistorian Tours LLC be liable to You for any indirect, incidental, consequential, special or exemplary damages arising from any provision of this Agreement or from the provision of any tours or other services purchased from the Site. Furthermore, the TOTAL liability of Curistorian Tours LLC arising with respect to this Agreement and the Site shall in no event exceed the total amounts paid by You to Curistorian Tours LLC under this Agreement.
10. Notice
Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.
11. Miscellaneous Provisions
Failure by Curistorian Tours LLC to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right. These Terms of Use, and all other aspects of use of the Site, shall be governed by and construed in accordance with the laws of the State of South Carolina.