Last updated: 5/12/2020
(Traveler Communications Group, Tour Pass, Charleston Tour Pass, Savannah Tour Pass, Vouchers and the Service and Company are used interchangeably. “Merchant” and/or “Provider” is used to describe available tours, attractions or participating Vendors on the Tour Pass program. “Customer”/ “Customers” or “Guests” is used to describe Purchasers of Tour Pass.)
IMPORTANT! THIS IS A BINDING LEGAL AGREEMENT. PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY BEFORE USING THE SERVICE. THIS AGREEMENT CONTAINS MANDATORY ARBITRATION, PROHIBITS CLAIMS AFTER TWO YEARS AND REQUIRES ALL LAWSUITS TO BE BROUGHT IN SOUTH CAROLINA.
The terms and conditions, together with all updates, supplements, additional terms and any of Traveler Communication Group’s rules and policies (collectively, the “Agreement”) are applicable to the Tour Pass website, tourpass.com, including any versions optimized for viewing on a mobile device or any version that is made available on a third-party website with Tour Pass authorization; Tour Pass call center; and all other interactive features, services, and communications provided by Tour Pass (the “Service”), however accessed or used, that are operated by us, made available by us, or produced and maintained by Tour Pass (collectively “Tour Pass” or “we”, “us”, or “our”). This Agreement is applicable to any individuals that use our service, including but not limited to entities that create a listing via the Service for their product or service (a “Provider”), third-parties that place reservations on behalf of particular Providers (a “Booking Agent” or “Affiliate”), and individual consumers that use the Service, directly or indirectly, in any fashion, including to request a reservation with a Provider (a “Guest”) (collectively “you” or “your”).
BY ACCESSING OUR WEBSITE OR USING OUR SERVICE, YOU ARE ACCEPTING THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT USE THE SERVICE OR ACCESS OUR WEBSITE. WE RESERVE THE RIGHT TO MODIFY OR AMEND THIS AGREEMENT FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR SERVICE FOLLOWING THE POSTING OF CHANGES TO THIS AGREEMENT WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO THIS AGREEMENT WILL APPLY RETROACTIVELY.
YOU ACKNOWLEDGE AND AGREE THAT TOUR PASS IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PROVIDERS AND GUESTS, HAS NO CONTROL OVER THE CONDUCT OF THE PROVIDERS OR THEIR SERVICES, AND DISCLAIMS ANY AND ALL LIABILITY ASSOCIATED WITH THE USE OF PROVIDERS’ SERVICES.
How the Service Works. The Service can be used to facilitate the listing of Provider’s services and the booking of said services by Guests. Tour Pass makes available a platform or marketplace for Guests and Providers to meet online and make a reservation related to Provider’s services (a “Booking”). Tour Pass is not an owner or operator of the Provider or any associated rental property, including, but not limited to, boats, equipment, nor is it a provider of the underlying activities, classes or tours, and Tour Pass does not own, sell, furnish, provide, rent, manage or control Provider’s products and services. Tour Pass responsibilities are limited to: (a) facilitating the availability of our Service to make Bookings and (b) serving as the limited agent of each Provider for the purpose of accepting payments from Guests on behalf of the Provider.
Bookings. As a condition of your use of this Service, you warrant that (a) you are 16 years old or older if you are a Guest and 18 years old or older if you are a Provider or Booking Agent’s representative ; (b) you possess the legal authority to create a binding legal obligation; (c) you will use this Service in accordance with this Agreement; (d) you will only use this Service to make legitimate listing and/or Bookings for you or for another person for whom you are legally authorized to act; (e) you will not make any speculative, false or fraudulent listings or Bookings; (f) you will inform such other persons about the terms and conditions that apply to the Bookings, including all applicable rules and restrictions, and obtain their agreement to be bound by the terms and conditions; (g) all information supplied by you is true, accurate, current and complete, (h) you will not use the Service to find a Provider or Guest and then complete the transaction independent of the Service, attempt to circumvent any obligation to pay any fee to Tour Pass, or make any Bookings in the anticipation of demand, and (i) if you have a Tour Pass account, you will safeguard your account information and will be responsible for any use of your account by you and anyone other than you.
YOU ACKNOWLEDGE THAT TOUR PASS DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS OR BOOKING AND MAKES NO REPRESENTATIONS OR GUARANTEES ABOUT THE CONDITION, LEGALITY OR SUITABILITY OF ANY PRODUCT AND SERVICES OFFERED BY PROVIDER. TOUR PASS IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS, BOOKINGS AND PROVIDER’S PRODUCTS AND SERVICES. THE USE OF PROVIDER’S PRODUCTS AND SERVICES IS AT THE GUEST’S OWN RISK.
The Providers, not Tour Pass, are solely responsible for honoring any Bookings and making available any product and services reserved through our Service. You agree and understand that you may be required to enter into an agreement with the Provider and that your Booking is contingent upon you agreeing to accept any terms, conditions, rules and restrictions imposed by the Provider. You acknowledge and agree that you, and not Tour Pass, will be responsible for performing the obligations of any such agreements and that Tour Pass is not a party to such agreements.
- Right to Cancel, Errors, Mistakes. The Service may contain technical inaccuracies and typographical or other errors in connection with information displayed, including without limitation rates, fee or availability related to your transaction. Tour Pass assumes no responsibility or liability for such errors, inaccuracies, or omissions. Tour Pass has the right to make changes, corrections or cancellations to such information or reservation, at any time, including after confirmation of a transaction. Tour Pass is not responsible for communication failures, errors, difficulties, or other malfunctions or lost, stolen or misdirected transactions, transmissions, messages or entries on or in connection with our Service. The Service may not be continuously available due to maintenance or repairs or due to computer problems, disruptions in Internet service or other unforeseen circumstances.
Copyright and Ownership. All of the content featured or displayed on the Service, including without limitation text, graphics, photographs, images, sound, and illustrations (“Content”), is owned by Tour Pass, its licensors, vendors, agents or its Content providers. All elements of the Service, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Service may only be used for the intended purpose for which such Service is being made available. You are authorized to view, play, print and download copyrighted documents, audio and video found on our Service for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Service. The Service, its Content and all related rights shall remain the exclusive property of Tour Pass or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Service.
We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to Tour Pass. We reserve the right to remove any material alleged to be infringing without prior notice and without liability to you. When appropriate, we will also terminate your account if you are determined to be a repeat infringer. If you believe that your copyrighted information has been used in a way that constitutes copyright infringement, please send a notice that complies with the requirements of the Digital Millennium Copyright Act to our designated agent at:
Traveler Communications Group Attn: TRADEMARK P.O. Box 22677 Charleston, SC 29413
Trademarks; No Endorsement. All trademarks, service marks and trade names of Tour Pass used in the Service (including but not limited to: Tour Pass name and logo; the Service’s name, design, and any logos) (collectively “Marks”) are trademarks of Tour Pass or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Service, without Tour Pass prior written consent. Tour Pass prohibits the use of the Marks as a “hot” link on or to any other website unless establishment of such a link is approved in advance. You shall not use Tour Pass name or any language, pictures or symbols which could, in Tour Pass judgment, imply Tour Pass endorsement in any written or oral advertising, presentation, brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
Tour Pass does not control any Provider or any product or service. You are responsible for determining the appropriateness and suitability of any prospective Guest, Booking Agent, Provider or any activity booked through this Service.
Inappropriate Material. You are prohibited from using the Service to post or send any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation. We may fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone inappropriately using the Service.
Indemnity. You agree to defend, indemnify and hold Tour Pass and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Service or your placement or transmission of any message or information on this Service by you or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any information that you provide to Tour Pass; or (vi) any other party’s access and use of the Service with your username and password.
Release. In the event that you have a dispute with one or more other users of the Service, the Provider or the Booking Agent, you release Tour Pass (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes, including without limitation any dispute over the payment to the Provider or the goods or service provided (or not provided) by the Provider.
Termination. Tour Pass may suspend or terminate your account or your use of the Service at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also suspend your access to our Service in the event that (a) you breach this Agreement; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users, the Provider, or us.
General Terms & Conditions
Vouchers are redeemable for certain goods, services or experiences offered by, or facilitated through, the Merchant identified on the Voucher. The participating Merchant is the issuer of the tour, attraction or service and is solely responsible for all matters pertaining to the redemption and use of the Voucher. Furthermore, the Merchant is fully and solely responsible for the care and quality of all goods and services it provides to the Customer and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause the Customer to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Voucher or not.
You waive and release Traveler Communications Group, LLC (Tour Pass), including their subsidiaries, affiliates, partners, officers, directors, employees, and agents, (collectively, the “Released Parties”) from any Liabilities arising from, related to, or sustained in connection with any act or omission of a Merchant, its employees, agents, contractors, and invitees, in connection with your use of a Voucher or the goods, services or experiences a Merchant provides in connection with the Voucher. Services performed by the Released Parties are provided “AS IS” without warranties of any kind, express or implied, including any implied warranty of merchant-ability or fitness for a particular purpose.
Automatic Agreement of Terms by Purchasing
By purchasing, viewing a mobile version, printing, accepting, using or attempting to use any Voucher, the Customer agrees specifically to these Terms & Conditions and any additional deal-specific restrictions or other terms advertised in connection with and on the Voucher at the time of purchase. These rules apply to all Vouchers that are offered by Traveler Communications Group, unless a particular Voucher’s fine print states otherwise, and except as otherwise required by law. In the event of a conflict between these rules and a Voucher’s fine print, the Voucher’s fine print will control. Any attempt to redeem a Voucher in violation of these Terms & Conditions will render the Voucher null and void.
No Cash Value
Vouchers are not redeemable for cash. Unauthorized or unlawful reproduction, resale, modification or trade of Vouchers is prohibited. Pricing relating to certain Merchant offerings and products on the site may change at any time in at the discretion of Traveler Communications Group, LLC, without notice.
Customer information is collected for the purpose of processing orders. This information is kept confidential and is not shared except to the limited extent disclosure may be required under applicable law. During checkout, we may ask the Customer if they would like to receive marketing communications. If the Customer opts-in, then the Customer will receive communications according to what was opted into.
While visiting our site, we’ll track:
Products viewed: using this to, for example to show products recently viewed.
Location, IP address and browser type: we’ll use this for purposes such as for estimating taxes and shipping if applicable.
Shipping or billing address: we’ll ask for this info so we can, for instance, estimate shipping before you place an order, and send you the order!
We also utilize third-party tracking cookies to retarget users so we can advertise to users in the future.
When a purchase is made from us, we’ll ask the Customer to provide information including: name, billing address, shipping address, email address, phone number, credit card/payment details and optional account information like username and password. We’ll use this information for purposes, such as, to:
- Send information about account and order
- Respond to requests, including refunds and complaints
- Process payments and prevent fraud
- Set up Customer account for our store
- Comply with any legal obligations we have, such as calculating taxes
- Improve our store offerings
- Send marketing messages, if Customer chooses to receive them
- T create an account or place an order, we will store Customer’s name, address, email and phone number, which will be used to populate the checkout for future orders.
- We generally store information about the User or Customer for as long as we need the information for the purposes for which we collect and use it, and we are not legally required to continue to keep it. For example, we will store order information for a minimum 5 years for tax and accounting purposes. This includes Customer name, email address and billing and shipping addresses.
- We will also store comments or reviews, if Users or Customers choose to leave them.
TRIP PROTECTION WAS NOT PURCHASED:
- Less than 30-days since purchase date and 48-hours given to cancel reservations (if made), we will refund minus 3% refund fee.
- More than 30-days since purchase date – we will not refund, however we will allow your pass to be used up to 1-year from purchase date at any time.
- If any visits or check-in were made in the past we cannot refund under any circumstances.
TRIP PROTECTION WAS PURCHASED:
- We will refund if it’s within 1-year of purchase date minus 3% refund fee and minus your Trip Protection fee (5% of purchase) if the following conditions are met:
- If Featured Reservations Were Made:
- 48-hours is required before tour departure time to refund. We will do our best to try and cancel with Vendors…if we are unsuccessful you can be refunded minus the cost of the tours we were unable to cancel.
- No Featured Reservations Made: We will refund your purchase minus the 3% refund fee and minus your Trip Protection fee (5% of purchase).
- 1- Year Has Passed and You Have Not Used Your Pass: Your pass will expire with no refund given.
HOW TO REQUEST REFUND:
- Submit a refund request via the Contact Us page by filling out the form. Please include the name the passes were purchased under, the pass ID or order ID is helpful as well but not required.
If the City or State is closed or shut-down in whole or in part due to a Force Majeure event, you will not be entitled to a refund unless your conditions are met under our refund policy. Notwithstanding the foregoing, Traveler Communications Group may issue, at the Company’s sole and absolute discretion, a partial or full refund of your Tour Pass Voucher, by accounting for, among other considerations, the extent and nature of the cancellation.
A “Force Majeure Event” shall mean an act of God, act of terrorism, health or viral pandemic, flood, hurricane, tsunami or other natural disaster, war, strike or other labour condition or dispute, an order or injunction of any court or administrative body or any other act of public authority, severe weather threatening the safety of attendees or similar contingency or unexpected event, and any such occurrence beyond the reasonable control of Tour Pass. You understand that in all instances, the maximum remedy you may receive for the cancellation of any part of the Voucher, if any, will be the face value of Your Voucher, excluding all fees and/or service charges paid by You in connection with the purchase of Your Voucher.
These terms shall be governed by the State of South Carolina, without regard to its conflicts of law provisions.