Terms & Conditions – Travel like a Local LLC

Terms and Conditions – February 2024

These Terms and Conditions (“Terms”) between Travel like a Local (“Tour Guide”) and you, including all tour participants on the same booking (“you,” “your,” “yourself,” or “tour participants”) becomes effective upon your: (1) electronic or written signature; or (2) payment authorization until terminated in writing by you or the Tour Guide.

These Terms are subject to change at any time without prior written notice. The effective version of these Terms can be found at www.travellikealocalwithmarion.com.

DEFINITIONS

“Tour Guide” means Travel like a Local, LLC

“Booking Services” means tour reservation and booking services for Tour Services, which Tour Guide provides to you under these Terms.

“Lead Tour participant” means you act on behalf of all tour participants on the same booking.

“Supplier” means any party who provides Services to any tour participant.

“Terms” means these Terms and Conditions.

“Tour participants” means you and all Tour participants on the same booking.

TOUR PARTICIPANTS

  • By your signature or payment authorization, you agree to these Terms, including without limitation all cancellation policies, on behalf of yourself and each Tour participant on the same booking.
  • You are the Lead Tour participant—you represent all Tour participants on the same booking.
  • By your signature or payment authorization, you confirm to the Tour Guide that you have:
    1. Shared these Terms with all Tour participants and
    2. Obtained confirmation that each Tour participant has agreed to these Terms, which confirmations you will promptly deliver to the Tour Guide.
  • You are responsible for booking, confirming, and paying for all reservations sufficiently before dates to ensure availability.
  • You acknowledge the text of these Terms is conspicuous.
  • You are responsible for understanding these Terms—please read them carefully before accepting Booking Services or Tour Services.
  • If you do not understand any part of these Terms, please get in touch with the Tour Guide in writing to request clarification.

TOUR GUIDE

  • The Tour Guide is a tour guide who provides booking Services (not Tour Services) to you.
  • Tour Guide reserves the right at any time to correct errors or omissions regarding pricing or any other matters regarding your booking.

SUPPLIERS

  • Suppliers are independent companies who provide Services to you.
  • Suppliers operate under their own terms, conditions, and management.
  • Your Tour documentation identifies each Supplier responsible for providing your Tour Services.
  • By paying for Tour Services, you consent to the use of those Suppliers.
  • All documentation, receipts, confirmations, and tickets issued are subject to the terms and conditions specified by each Supplier.
  • Please read Supplier terms and conditions carefully—you are responsible for understanding and complying with terms imposed by any Supplier with which you elect to deal, including without limitation payment of all amounts when due and compliance with Supplier’s rules and restrictions regarding availability and use of Services.
  • You understand that any violation of Suppliers’ terms may result in denied access to Tour Services, cancellation of reservations, and forfeiture of any monies paid. If any such violation results in fees or penalties to the Tour Guide, you agree to cover all such actual costs.
  • Suppliers may require you to sign a liability waiver prior to participating in their Services.
  • Suppliers are not subject to Tour Guide’s control—they are not employees, agents, representatives, or affiliates of Tour Guide.
  • Tour Guide is not responsible for any Supplier’s breach of contract, failure to comply with any laws, or willful or negligent acts, errors, or omissions, which may result in delays, inconvenience, costs, loss, damage, injury, or death to Tour participants or Tour participants’ companions.
  • If a Supplier declares bankruptcy, it is not obligated to transport you or to provide refunds. It might continue to provide some or all Services, or it may stop operations completely.
  • Other Suppliers may, but are not required to, provide alternative Services.
  • Payments to the Tour Guide immediately become the property of Suppliers, as required by law.
  • Tour Guide is not permitted to provide refunds for Suppliers who have declared bankruptcy.
  • Tour Guide has no special knowledge about the financial condition of Suppliers.
  • Tour Guide has no liability for recommending a tour credit or a refund.
  • All Supplier promotions, incentives, and offers are subject to Supplier availability, which may change at any time without notice.

RATES & INCLUSIONS

  • The quoted rates are based on the precise inclusions Tour Guide provides you in writing.

PERSONAL INFORMATION

  • You consent to the Tour Guide and Supplier’s use of your personal information.
  • You understand that, as part of booking any Tour Services, certain personal information may be conveyed to third parties to accommodate your tours.
  • You authorize the Tour Guide to keep your personal information for as long as needed to provide Booking Services and for a reasonable period after that for the Tour Guide’s legal or business purposes.

RESERVATIONS & PAYMENT

  • You authorize the Tour Guide to charge your credit card, debit card, or other means of payment for all charges associated with your booking.
  • Tour participant payments to the Tour Guide in currency other than U.S. Dollars (USD) will be converted at then-current exchange rates.
  • All Supplier prices are subject to change, including changes based on currency exchange rate fluctuations.
  • Tour Guide is not responsible for Supplier price changes, currency fluctuations, surcharges, or fees relating to foreign-currency transactions.
  • The purchase of Tour Services is not complete until all deposits and other amounts due have been paid and processed and you receive a written booking confirmation.
  • If you do not make payments by their due date, Suppliers may cancel your booking in whole or part, resulting in deposits or previous payments becoming NON-REFUNDABLE.
  • You are responsible for Supplier price increases, fees, or penalties incurred due to your late payment. The Tour Guide is not responsible for such price increases, fees, or penalties.
  • Tour Guide reserves the right to cancel your booking if Tour Guide does not receive full payment for Booking Services or Tour Services within a reasonable time, in Tour Guide’s sole discretion.
  • If rebooking is requested, the Tour Guide will assist with obtaining new dates if possible, but the Tour Guide may, in its sole discretion, charge a NON-REFUNDABLE FEE for that Booking Service.

CHANGES & CANCELLATIONS

  • You agree to comply with the terms and conditions of Suppliers regarding your Tour Services and any changes to it, and you agree to pay any applicable change or cancellation fees.
  • If you change or cancel a reservation or booking, you may be subject to:
    1. Tour Guide fees of $50 per person, per component, AND
    2. Supplier fees, charges, or penalties.
  • NO REFUNDS will apply to any canceled, unused, or partially used Tour Service.
  • Hotels may not permit changes to or cancellation of reservations, subject to the terms and conditions of the hotel reservation.
  • Notwithstanding the above, you agree to the following cancellation policies of the Tour Guide:

NO SHOWS

  • Failure to Tour or show up for any reservation or booking is considered a “no-show.”
  • No-show penalties will equal amounts up to the entire cost of the Tour, subject to terms and conditions of Supplier and Tour Guide policies.

REFUNDS, CHARGEBACKS, AND ADJUSTMENTS

  • You will deliver any claim for refund or adjustment to the Tour Guide in writing.
  • Full details and proof of payment documentation must accompany all claims.
  • You may not be entitled to a refund if you change or cancel your plans after (1) confirmation of the booking or (2) payment for a booking.
  • Refunds are subject to Supplier terms and conditions.
  • Suppliers may not issue refunds for cancellation due to actual, threatened, or fear of potential terrorist events, political unrest, pandemic, health concerns, or similar circumstances. Please carefully review the Supplier terms and conditions.
  • You waive any right to a chargeback in case of cancellation (except for fraud), including any force majeure event (as described below).
  • Suppose you attempt a chargeback, reverse charge, or recollection of a payment already made without the Tour Guide’s authorization. In that case, Tour Guide reserves the right to charge you additional costs, fees, and expenses associated with such chargeback, reverse charge, or recollection, including attorney’s fees and legal costs without limitation.

TOUR PARTICIPANT CONDUCT

  • You are responsible for any damage or loss caused by any Tour participant acts, errors, or omissions.
  • You are responsible for full payment for any such damage or loss directly to the Supplier or provider of any tour services, goods, or related services.
  • You indemnify Tour Guide for all amounts of any claim made against Tour Guide, including without limitation attorney’s fees and other legal costs relating to Tour participant acts, errors, or omissions.
  • Tour Guide is not responsible for any costs relating to Tour participant conduct or Tour participant removal from any Tour Services, in whole or part, based on Tour participant’s negligence, willful misconduct, or otherwise.
  • You agree not to hold Tour Guide, its owners, employees, agents, or representatives accountable for any claims arising from Tour participant acts, errors, or omissions.
  • Any Authorized Party (defined below) may, in its sole discretion, refuse you any Tour Service, require you to leave any Tour Service if the Authorized Party reasonably believes:
    1. You are a danger to yourself or any other participant.
    2. You have engaged in, are engaged in, or are threatening to engage in behavior that is socially disruptive, verbally abusive, physically abusive, obnoxious, harassing, discriminatory, obscene, or any other behavior that may adversely affect the safety, security, comfort, enjoyment, or wellbeing of any other participant, any Authorized Party, or any third party; or
    3. You do not follow any rule, procedure, or instruction of an Authorized Party.
  • You are always solely responsible for your baggage and personal items, including items acquired during your Tour.

DISABILITIES & SPECIFIC NEEDS

  • If you have disabilities or specific needs that may require non-emergency special services, additional support, or disability accommodation, please advise the Tour Guide in advance of booking.
  • If you are unable to use your own wheelchairs, mobility devices, or other medical equipment or devices, rentals may be available, potentially subject to additional charges.
  • If you Tour with a service animal or emotional support animal, Suppliers may require advance arrangements and documentation regarding the animal’s health, training, and related factors.
  • The Tour Guide will make all reasonable efforts to request assistance or arrange for appropriate services or equipment regarding Tour participants’ disabilities or specific needs. However, the Tour Guide is not responsible for the failure of Suppliers to meet Tour participants’ needs and expectations.

FOOD ALLERGIES

  • If you have food allergies or any similar conditions that may cause you harm during your Tour (“Food Allergies”), please advise the Tour Guide in advance of booking.
  • If any Tour participant has Food Allergies, each such Tour participant:
    1. Acknowledges the possibility of an elevated risk of reactions, delays, or disruption regarding your Tour and
    2. Has sole responsibility for their Food Allergies and for performing all due diligence relating to such Food Allergies before, during, and following your Tour.
  • You will not pursue credit card “chargebacks” relating to Food Allergies.

RISK ACTIVITY

  • Suppose you engage in any activity that may involve any risk of harm to any person’s health or wellbeing, damage to property, or costs relating to such activity (collectively, “Risk Activity”). In that case, you are solely responsible for your decision to engage in, and your involvement with, any Risk Activity.
  • You assume all risks and costs relating to and for all causes of action arising from Risk Activity.
  • You will not pursue any cause of action against the Tour Guide relating to any risky activity.
  • You release Tour Guide from all liabilities, causes of action, and claims relating to any Risk Activity.
  • Risk Activity includes, without limitation, any activity that could reasonably be regarded as inherently dangerous, hazardous, or otherwise potentially resulting in costs, damage to property, injury, disability, illness, or death of any person.

LIMITATIONS OF LIABILITY

  • TOUR GUIDE ACTS AS AN AGENT OF SUPPLIERS AND HAVE NO CONTROL OVER SUPPLIER ACTIVITIES, TOUR PARTICIPANT ACTIVITIES, THE ACTIVITIES OF ANY THIRD PARTY.
  • TOUR PARTICIPANT AGREES, THEREFORE, THAT TOUR GUIDE HAS NO LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR SPECIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR PROPERTY DAMAGE, PERSONAL HARM, PHYSICAL INJURY, OR DEATH RELATING TO:
    1. ANY ACT, ERROR, OR OMISSION OF ANY SUPPLIER OR ITS OWNERS, EMPLOYEES, CONTRACTORS, AGENTS, OR REPRESENTATIVES, NEGLIGENT OR OTHERWISE, REGARDING TOUR SERVICES, DELIVERY OR FAILURE TO DELIVER TOUR SERVICES IN WHOLE OR PART, CANCELLATIONS, BANKRUPTCY OR CESSATION OF OPERATIONS, OR ANY OTHER MATTERS RELATING TO TOUR SERVICES, OR
    2. ANY ACT, ERROR, OR OMISSION OF TOUR PARTICIPANT, NEGLIGENT OR OTHERWISE, OR
    3. ANY ACT, ERROR, OR OMISSION OF ANY THIRD PARTY, NEGLIGENT OR OTHERWISE.
  • TOUR PARTICIPANT EXONERATES TOUR GUIDE FROM ALL LIABILITY AS SET OUT ABOVE.
  • IF, DESPITE SUCH EXONERATION, TOUR PARTICIPANT IS AWARDED DAMAGES AGAINST TOUR GUIDE IN LAW OR EQUITY, SUCH DAMAGES WILL BE LIMITED TO THE TOTAL AMOUNT OF COMMISSIONS OR FEES RECEIVED BY TOUR GUIDE FOR PROVIDING BOOKING SERVICES UNDER THESE TERMS.
  • THE TOUR GUIDE’S SOLE OBLIGATIONS AND LIABILITIES ARE AS STATED IN THESE TERMS. ALL OTHER REPRESENTATIONS AND WARRANTIES—EXPRESS OR IMPLIED, BY STATUTE, LAW, OR OTHERWISE—ARE EXCLUDED.

ARBITRATION

  • In case of a dispute between you and Tour Guide relating to or arising out of these Terms, the parties will first attempt to resolve the dispute personally and in good faith.
  • If personal resolution attempts fail after 60 days following written notice of dispute, the parties will submit the dispute to binding arbitration.
  • The arbitration will be conducted as follows:
    1. State of North Carolina, County of Guilford.
    2. A single arbitrator will conduct the arbitration.
    3. Such an arbitrator will have no authority to add parties, vary the provisions of these Terms, award punitive damages, or certify a class.
    4. The arbitrator shall be bound by applicable and governing federal law as well as the law of the State of North Carolina, County of Guilford.
  • Each party will pay its own legal costs and fees.

FORCE MAJEURE

  • No failure or delay in the performance of any obligation under these Terms will be a breach if such failure or delay arises from a force majeure or any cause beyond the reasonable and foreseeable control of Tour Guide, including without limitation floods, weather conditions, fires, explosions, accidents, war or threats of war (declared or undeclared), acts of terrorism, sabotage, insurrection, riots, strikes, or civil disobedience, sickness, epidemics, pandemics, quarantines, government interventions, defects in machinery or vehicles, delays or other events (collectively, “force majeure“).
  • Tour Guide is not liable to you and will not provide any refunds caused by delay or non-performance of any obligation under these Terms to the extent any such delay is due to any force majeure.
  • If any Suppliers are affected by any force majeure, they may, in their sole discretion, vary or cancel any itinerary or arrangement in relation to your Tour without notice.
  • If an accident occurs and you seek assistance from us, you will be responsible (financially and otherwise) for all alternative arrangements.

GENERAL

  • Amendments. These Terms may be amended only in writing by the Tour Guide.
  • Assignment. You may not assign any right or obligation under these Terms without the Tour Guide’s prior written consent, which will not be unreasonably withheld or delayed.
  • Waiver. No forbearance or delay in enforcing these Terms will prejudice or restrict any rights of you or the Tour Guide. No waiver of a right will operate as a waiver of any subsequent right. No right is exclusive of any other right, and each right is cumulative.
  • Severability. If any part of these Terms is found unenforceable, that part will be enforced to the fullest extent permitted by law, and the remainder of these Terms will remain fully in force.
  • Relationship of Parties. These Terms do not create an agent relationship, legal-entity partnership, joint venture, or employment relationship between you and the Tour Guide. You have no authority to bind the Tour Guide or incur any obligation on the Tour Guide’s behalf.
  • Notices. Notices under these Terms will be in writing and deemed given when the receipt is confirmed to the receiving party’s email or other address provided for notice purposes.
  • Counterparts. These Terms may be signed or accepted electronically in more than one counterpart; each will be an original. Counterparts together constitute a single instrument.
  • The Governing Law. These Terms are governed exclusively by the laws of North Carolina without regard to conflict-of-law provisions.
  • Further Assurances. The parties will perform any additional acts as necessary to affect these Terms. They will address together in good faith any unforeseen issues that arise under these Terms with a view to mitigating any material adverse impact on either party.
  • Entire Agreement. These Terms and the Tour Services Agreement are the entire agreement between the Tour participant and Tour Guide. They supersede all prior written or oral agreements between the parties regarding its subject matter.

STATE REQUIREMENTS – STATE OF CALIFORNIA

  • If Tour services or transportation is canceled and the tour participant is not at fault and has not canceled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the tour participant, all monies paid to the seller of Tour for services not provided will be promptly paid to the tour participant, unless tour participant advises seller of Tour in writing after cancellation.
  • In California, this provision does not apply where the seller of Tour has remitted the payment to another registered wholesale seller of Tour or a carrier without obtaining a refund and where the wholesaler or provider defaults in providing the agreed-upon transportation or service. In this situation, the seller of Tour must provide the tour participant with a written statement accompanied by bank records to establish the disbursement of the payment and, if disbursed to a wholesale seller of Tour, proof of that wholesaler’s current registration.

SELLER OF TOUR DISCLOSURES:

  • One of the following disclosures is mandatory:
  • EITHER:
  • This Seller of Tour is not a participant in the California Travel Consumer Restitution Fund.
  • OR:
  • This transaction is covered by the Travel Consumer Restitution Corporation (TCRC) if the seller of the Tour was registered and participating in the TCRC at the time of the sale and the tour participant is located in the State of California at the time of payment.
  • Eligible tour participants may file a claim with the TCRC if the tour participant is owed a refund of more than $300 for the transportation or Tour services that the seller of the Tour failed to forward to a proper provider or such money was not refunded to you when required.
  • For complete, up-to-date information regarding your rights under California law, please visit https://tcrcinfo.org. The California Travel Consumer Restitution Fund does not cover this transaction if you purchase from outside California.