Supplier terms

Suppliers - Terms of Services

Tourboks.com ApS (“Tourboks”, “www.tourboks.com”, “we”, “us”, or “our”) provides an online platform that allows Suppliers (defined below) who have knowledge and experience with a particular travel destination or activity to sell their products services and information online (the “Products, Services and Information”) to Travellers (defined below) seeking to experience such destinations and activities. Tourboks allows its Suppliers to use its platform to create Listings (defined below) for their Products, Services and Information and provides services, including but not limited to issuance of invoices on their behalf, collecting and distributing money on their behalf and performing marketing and sales actions online on their behalf on the Site and the Application each as defined below (the “Services“). The Services are accessible at www.tourboks.com and any other websites through which Tourboks makes the Services available (collectively, the “Site”) and any related applications (the “Application”). The Tourboks’ travellers includes persons who have booked or are going to book a Product, Service and/or Information on the Site or Application via the Services, members of Tourboks and other users of the Services (the “Travellers”). By using the Services, you agree to comply with and be legally bound by these terms of services (the “Terms“), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all content hereof (the “Content”) and constitute a legal binding agreement between you and Tourboks. Please read carefully these Terms and our Privacy Policy, each of which must be accepted by you prior to using our Services. If you do not agree to these Terms or our Privacy Policy, you have no right to obtain information from or otherwise using the Services. Failure to use the Services in accordance with the Terms or the Privacy Policy may subject you to civil and criminal penalties. You understand and agree that Tourboks is not a party to any agreements entered into between Suppliers and Travellers, nor is Tourboks an agent or insurer. Tourboks has no control over the conduct of Suppliers, Travellers and other users of the Services and disclaims all liability in this regard.

Services Rendered By Tourboks

(1) The online Site is a site that facilitates trade of tourist services between Suppliers and Travellers for the purposes of organizing leisure arrangements. The Site comprises an integrated and automatic connection system, simplifying the connection between Suppliers and Travellers as well as numerous functional features of management of and control over all current business operations.

(2) The Services of Tourboks shall comprise the following:

  • Providing an option to use the online-platform in accordance with the rights of the Traveller;
  • Option to hold negotiations and conclude transactions, including but not limited to issuance of invoices, vouchers and any other documentation that may be needed for a successful purchase, as well as collection and distribution of money on the Suppliers’ behalf;
  • Creation of options for exchange of information and communication between the Traveller and the contracting parties respectively;
  • Performance of marketing and sales actions online on the Suppliers’ behalf;

(3) The support of the software necessary for rendering the Services is allocated at the Site and the Application and belongs to Tourboks.

Supplier Account Registration

Suppliers that wish to use Tourboks’ Services and sell their Products, Services and Information on the Site and Application need to submit an application via the Supplier Registration Form (the “Registration Application”). Tourboks reviews all Registration Applications and assesses the compatibility of the Supplier’s Products, Services and Information with Tourboks. This review process can take up to two (2) weeks as the Products, Services and Information, the legal entity of the Supplier, market fit, bonding, safety and global reputation of the Supplier are assessed. Upon reviewing the Registration Application, Tourboks informs the Supplier whether or not working together is possible. Tourboks reserves the right to decline the Application at any stage. If the first screening is positive, the Supplier will be asked to fill out more information about the Supplier and submit it to Tourboks. Once this step is completed, Tourboks will guide the Supplier through the next registration steps, which includes uploading Listings (defined below) of their Products, Services and Information and assisting the Supplier wherever needed. Before Tourboks can start driving bookings and sales for the Supplier, the Supplier must read and agree to these Terms of Services by clicking the relevant box in the initial Registration Form, or by clicking “accept” below, or by any other written form.

Product,Service and Information Listings

Suppliers may create listings for their Products, Services and Information. You will be asked a variety of questions about the Products, Services and Information to be listed, including but not limited to, the location, capacity, itinerary, features, availability, pricing of the Products, Services or Information and related rules and financial terms (the “Listing”). Suppliers working with Tourboks are responsible for making sure that their Listings on the Site and the Application are up-to-date so that Travellers who wish to book their tours are presented with correct information.

Suppliers are responsible for updating their Products, Services and Information manually using the Tourboks Suppliers’ Dashboard (defined below). Listings will be made publicly available via the Services. Travellers will be able to book your Products, Services and Information via the Services based upon the information provided in your Listing.

You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Traveller taking of, a Product, Service or Information in a Listing you post (i) will not breach any agreements you have entered into with any third parties, including but not limited to any agreements with or rules of employers or local tourism agencies, and (ii) will be in compliance with all applicable laws, tax and VAT requirements, and rules and regulations that may apply to any Product, Service and Information included in a your Listings , including but not limited to tourism, tour guide licensing laws, and other laws governing events and tours of public spaces and other venues, and will not conflict with any third party rights. Please note that Tourboks assumes no responsibility for the Supplier's compliance with any applicable laws, rules and regulations.

Tourboks reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Tourboks, in its sole discretion, considers to be objectionable for any reason in violation of these Terms or otherwise harmful to the Services. You understand and agree that Tourboks does not act as an insurer or as a contracting agent for you as the Supplier. If a Traveller requests a booking of your Product, Service or Information, any agreement you enter into with the Traveller is between you and the Traveller and Tourboks is not a party hereto. Notwithstanding the foregoing, Tourboks serves as the limited authorised agent of the Supplier for the sole purpose of accepting payments from the Traveller on behalf of the Supplier and is responsible for transferring such payments to the Supplier, subject to these Terms.

When you post a Listing, you may also choose to include certain requirements, which must be met by the Travellers who are eligible to request a booking of your Listing. Any Traveller wishing to book a Product, Service or Information included in the Listings with such requirements must meet these requirements. You acknowledge and agree that, as the Supplier, you are responsible for your own acts and omissions and the acts and omissions of any individuals who are presented in connection with the Product, Service or Information at your request or invitation, excluding the Traveller.

Tourboks recommends that Suppliers obtain appropriate insurance for their Products, Services and Information. Please review any insurance policy that you may have for your Products, Services and Information carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for the insurance policy, including but not limited to, whether or not your insurance policy will cover the actions or omissions of Travellers while participating in your Products, Services and Information.

No Endorsement

Tourboks does not endorse any Suppliers or any Products, Services or Information. In addition, although Suppliers are required to provide accurate information, we do not confirm, any Traveller’s purported identity. You are responsible for determining the identity and suitability of the Travellers who you contact via the Services. We will not be responsible for any damage or loss resulting from your interactions with the Travellers via the Site and Application.

By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of Travellers, other Suppliers or third parties will be limited to a claim against the particular Traveller, Supplier or third party who caused you any damage or loss and you agree not to attempt to impose liability on, or seek any legal remedy from Tourboks with respect to such actions or omissions.

Financial and Payment Terms for Suppliers

If confirmation of availability is requested for booking one of your Product, Service or Information via the Services, you will be required to either confirm or decline the booking using Tourboks' Supplier Dashboard (defined as the online platform provided by Tourboks towards its Suppliers in order to upload and manage their Listings) or by e-mail within the specified timeframe (which is generally within 48 hours of the booking request, as determined by Tourboks in its sole discretion) or the booking request will be automatically cancelled. If you are unable to confirm a booking of a Product, Service or Information within the specified timeframe, any amounts collected by Tourboks for the booking will be reimbursed to the applicable Traveller's credit card and any pre-authorization of such credit card will be released.

You understand and agree that once a Traveller requests a booking of your Product, Service or Information, the listed price for the booking may not be amended after your confirmation of the booking.

Any attempts to take the conversation or transaction outside Tourboks before a booking has been confirmed may result in suspension or cancellation of your account. When a booking is requested via the Services, we may share with you the first and last name of the Traveller who has requested the booking.

Via Tourboks’ Supplier Dashboard you can create Listings, where you will be requested to set your pricing for your Products, Services and Information. You are responsible to include all taxes, VAT and/or local fees that may apply to the Products, Services and Information in the Listing. The price of the Products, Services and Information, including applicable taxes, VAT and/or local fees, is collectively referred to as the “Net Price“. Please note that you and not Tourboks determine the Net Price of your Products, Services and Information.

You will have two different options to set your pricing in Tourboks’ Supplier Dashboard:

  • To set the pricing of your Products, Services and Information on a commission basis: you will set and manage the price on the Site and propose a commission/service fee for Tourboks.
  • To set the pricing of your Products, Services and Information by providing Net Prices: you will provide Net Prices for your Products, Services and Information and you can chose either to use our tool to set up your final selling prices at the Site and Application or to let Tourboks set the final selling prices on your behalf

Tourboks reserves the right to approve or decline any Listing made by the Supplier due to quality, pricing or any other reason.

Tourboks is only obliged to transfer the payments collected from the Traveller deducted Tourboks' Service Fee (defined below) to the Supplier. If the Traveller fails to pay the selling price on the due date, the Supplier agrees to provide the Traveller with a grace period of five (5) days to pay the selling price.

If the selling price remains unpaid on the 55th day prior to the departure date the Supplier may choose to cancel the Traveller's booking and the Deposit will be forfeited, or the Supplier may choose to extend the grace period.

By posting the Listings at the Site and the Application, Suppliers are selling directly to the Travellers. Tourboks is facilitating this sale via an online platform and its Services. The process followed upon booking from a Traveller is as described below:

  • 1. Tourboks issues a voucher and an invoice on behalf of the Supplier to the Traveller for a Product, Service and Information using the VAT details of the Supplier.
  • 2. Upon successful confirmation of availability of the Products, Services and Information, Tourboks collects the payment on behalf of the Supplier – all funds are collected by Tourboks’ secure payment provider Global Collect.
  • 3. When cancellation of the Products, Services and Information booked by the Traveller no longer is possible , Tourboks will issue two different documents:
    • A notice document stating the amount being transferred to the Supplier.
    • An invoice for the amount corresponding to Tourboks’ Service Fee (defined below).

All invoices issued by Tourboks on behalf of the Supplier to the Travellers are made available for the Supplier via Tourboks’ Supplier Dashboard and can be downloaded by the Supplier.

Tourboks will transfer payments from the Travellers to the Suppliers to the nominated bank accounts when the Net Price amount exceeds EUR 100. We are not responsible for any delays in the transfer of payments for Products, Services and Information,, which can vary based on the bank, currency, location, etc. We are, however, responsible for e-mailing an invoice for the selling price to the Traveller on the Supplier’s behalf with the Supplier’s VAT details and a redeemable voucher for the Traveller’s purchase.

Appointment of Tourboks as Payment Agent for the Supplier

The Supplier hereby appoints Tourboks as the Supplier's limited authorized agent solely for the purpose of collecting payments made by Travellers on behalf of the Supplier. The Supplier agrees that payments made by a Traveller to Tourboks shall be considered the same as a payment made directly to the Supplier and the Supplier will make the Products, Services and Information available to the Traveller in the agreed upon manner as if the Supplier has received the payment directly from the Traveller.

By accepting appointment as the limited authorized agent of the Supplier, Tourboks assumes no liability for any acts or omissions of the Supplier. The Suppliers acknowledge and agree that Tourboks reserves the right, in its sole discretion, to introduce and collect fees from you in accordance with these Terms. Tourboks will notify the Supplier of any changes in the current fees and introduction of any new fees prior to the implementation hereof.

Service Fees

In consideration of providing the Services, Tourboks collects a commission/service fee from the Suppliers. The service fee is calculated on the basis of a percentage of the Net Price of the Products, Services and Information defined above (the “Service Fee”). Where applicable, taxes and VAT may also be charged in addition to the Service Fee. Service Fees are deducted from the Traveller’s payment of the selling price for the Products, Services and Information before the transfer of the payment to the Supplier.

Payments will be transferred by Tourboks to the Suppliers via direct deposit or other payment methods described on the Site or the Application, in the Supplier's currency of choice, depending upon the selections made by the Supplier via the Services. Please note that each party is responsible to pay any fee or costs charged by their own bank. Tourboks’ Service Fees are non-refundable.

Cancellation in the Event of Inclement Weather

Products, Services and Information may be weather-dependent. Notwithstanding the foregoing, in the event of inclement weather, the Supplier has the discretion as to whether the weather conditions will prevent the Products, Services and Information from taking place. If the Supplier needs to cancel a Product, Service and/or Information for reasons of inclement weather, the Supplier must inform Tourboks as soon as possible via Tourboks’ Supplier Dashboard. Subject to the Traveller's consent, the Supplier and the Traveller may choose to reschedule the Products, Services and/or Information for another date.

If the Products, Services and Information cannot be rescheduled, the Traveller will either get a refund for his payment for the h booking or he will be assisted by Tourboks in finding a replacement of a non-weather-dependent Product, Service and/or Information. The suggestions of a non-weather-dependent replacement will be done solely by Tourboks and may not be from the same Supplier. However, the non-weather-dependent replacement must be approved by the Traveller.

Taxes

You understand and agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Tourboks cannot and does not offer tax-related advice to any Suppliers.. Additionally, please note that each Supplier is responsible for determining local indirect taxes and for including any applicable taxes and VAT to be collected or obligations relating to applicable taxes in the Listings.

Foreign Currency

Tourboks’ online platform facilitates bookings between Travellers and Suppliers who may prefer to pay and to receive payments in different currencies, which may require foreign currency conversions to accommodate these differing currency preferences. Although Tourboks’ platform might allow the Travellers to view the price of Listings in a number of currencies, the currencies available for Travellers to make and receive payments may be limited, and may not include the default currency in any given geographic location.

Each foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. For example, if it costs USD 125.00 to buy EUR 100.00, the currency conversion rate of US dollars to Euros would be 1.25, and the currency conversion rate from Euros to US dollars would be 0.8. Currency conversion rates will vary from time to time.

Tourboks might process a foreign currency conversion in the following situations:

  • The displayed currency is different from the current listed currency when a Traveller views a Listing.
  • The booking currency is different from the current listed currency when a Traveller submits a booking request for a Listing.
  • The payout currency (for partial or total payouts) is different from the current listed currency when Tourboks initiates a payout.
  • When a confirmed booking is modified or cancelled, and a foreign currency conversion was made when the booking was submitted.

Tourboks updates the base exchange rate on a regular basis, but not on a real-time basis. In particular, Tourboks does not always change the base exchange rate immediately when its costs of foreign exchange change. Accordingly, the base exchange rate may not be identical to the applicable market rate in effect at the specific time a foreign currency conversion is processed.

Please note that your payment company (for example, your credit or bank card issuer) will use a currency conversion rate and may impose a currency conversion fee on your payment or payout, if your card or bank account is denominated in a currency that is different from currency of the booking or the payout respectively. Similarly, third-party payment processors may also use a currency conversion rate or impose a currency conversion fee on your payment or payout. These currency conversion rates and fees are not controlled by or known to Tourboks.

Conduct

You understand and agree that you are solely responsible for the compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of the Services, you must not: violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations; use manual or automated software, devices, scripts robots, other means or processes to access, “scrape“, “crawl“, or “spider“ any web pages or other services contained in the Site, Application, Services or Content; use the Services for any commercial or other purposes that are not expressly permitted by these Terms; copy, store or otherwise access any information contained on the Services or Content for purposes not expressly permitted by these Terms; infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights; interfere with or damage the Services, including without limitation through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; use the Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; use the Services in connection with the distribution of unsolicited commercial e-mail (“spam“) or advertisements unrelated to Products, Services and Information; “stalk“ or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as Tourboks’ Traveller or Supplier; offer as a Supplier any Products, Services or Information that you do not yourself have permission to provide (without limiting the foregoing, you must not list Products, Services or Information as a Supplier if you are serving in the capacity of an agent for a third party); offer as a Supplier any Products, Services or Information that may not be provided pursuant to the terms and conditions of an agreement with a third party; register for more than one Tourboks cccount or register for a Tourboks account on behalf of an individual other than yourself; contact a Traveller for any purpose other than asking a question related to a booking or the Traveller's use of the Services; impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation or non-affiliation with any person or entity, or otherwise post any reviews that exhibit a conflict of interest (for example, by posting reviews for your or your employer's Listing); use automated scripts to collect information or otherwise interact with the Services; use the Services to find a Supplier or Traveller and then complete a booking of a Product, Service or Information independent of the Services, whether or not you do so in order to avoid the obligation to pay any Service Fees related to Tourboks ' provision of the Services; as a Supplier submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honour; post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances; systematically retrieve data or other content from the Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; use, display, mirror or frame any portion of the Services, or any individual element within the Services, Tourboks’ name, Tourboks’ trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without Tourboks’ express written consent; access, tamper with, or use non-public areas of the Services, Tourboks’ computer systems, or the technical delivery systems of Tourboks’ providers; attempt to probe, scan, or test the vulnerability of any Tourboks’ system or network or breach any security or authentication measures; avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Tourboks or any of Tourboks’ providers or any other third party (including another user) to protect the Services and the Content; forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information; attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services and Content; or advocate, encourage, or assist any third party in doing any of the foregoing.

Privacy

See Tourboks' Privacy Policy regarding Tourboks' collection and use of personal data.

Ownership

The Services, the Site, the Application and the Content are protected by copyrights, trademarks, and other applicable laws of Denmark and foreign countries. You acknowledge and agree that the Services, the Site, the Application) and the Content, including all associated intellectual property rights, are the exclusive property of Tourboks and its licensors. You must not remove, alter or obscure any copyrights, trademarks, service marks or other proprietary rights notices incorporated in or accompanying the Services, the Site, the Application or the Content.

Tourboks Content License

Subject to your compliance with these Terms, Tourboks grants you a limited, non-exclusive, non-transferable license to access and view Tourboks’ Content solely for your personal and non-commercial purposes. You have no right to sublicense the rights granted in this clause. You must not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, the Application, the Services or the Content, except as expressly permitted in these Terms. No licenses or rights to any intellectual property rights owned or controlled by Tourboks or its licensors are granted to you by implication or otherwise, except for the licenses and rights expressly granted in these Terms.

Supplier Content

We may, in our sole discretion, permit Suppliers to post, upload, publish, submit or transmit content on the Site and/or the Application (the “Supplier Content”). By making available any Supplier Content on the Site and/or the Application you hereby grant Tourboks a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit the Supplier Content on, through, or by means of the Services.

Tourboks does not claim any ownership rights to the Supplier Content and these Terms will not in any way deem to restrict any rights that you may have to use and exploit the Supplier Content. You acknowledge and agree that you are solely responsible for the Supplier Content that you make available on the Site and the Application and thus through the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of the Supplier Content you have all necessary rights, licenses, consents and releases to the Supplier Content, as contemplated under these Terms; and (ii) neither the Supplier Content nor your posting, uploading, publication, submission or transmittal of the Supplier Content or Tourboks’ use of the Supplier Content (or any portion hereof) on the Site and the Application through or by means of the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You must not store illegal content on the Site or Application and we will monitor our Site and Application regularly for any illegal content.

Please be aware that in the event of a breach of this clause you shall be obliged to pay Tourboks an agreed penalty in the amount of EUR 25,000 and in addition hereto compensate Tourboks for any and all costs incurred in connection with the breach.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (”Feedback”). You may submit Feedback by e-mailing us at info@tourboks.com writing the word “Feedback” in the subject field of the e-mail or by contacting Tourboks, using the Suppliers’ Dashboard. You acknowledge and agree that all Feedback will be the sole and exclusive property of Tourboks.

Copyright Policy

Tourboks respects copyright law and expects its users to do the same. It is Tourboks' policy to terminate accounts of Suppliers or other account holders who repeatedly infringe or are believed to be repeatedly infringing any copyrights. The Suppliers must respect all and any copyrights, and thus only upload pictures, videos and other content that the Suppliers own, made or that the Suppliers are authorized to use.

Product, Service and Information Reviews by Travellers

Your Products, Services and Information published at the Site and the Application, could be reviewed by Travellers upon successful realization of the Products, Services and Information. You will be able to access all reviews by the Tourboks Suppliers’ Dashboard. Reviews are independently made by the Travellers and neither Tourboks nor the Suppliers have any say in or control of the content of the reviews. The deletion of reviews is made by the sole discretion of Tourboks. The reviewer’s personal details and images (if applicable) must NOT be used or displayed anywhere. Whenever the review of the Products, Services and Information is displayed, represented or referred to the following attribution MUST be properly and clearly provided to Tourboks on every page where the review appears: ”These reviews were written on tourboks.com”.

Termination and Tourboks Account Cancellation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate your access to the Services, and (b) deactivate or cancel your account. Upon termination we will promptly pay you any outstanding amounts, which we are legally obligated to pay you. In the event Tourboks terminates these Terms or your access to the Services or deactivates or cancels your account you will remain liable for all amounts due hereunder. You may cancel your account at any time by sending an e-mail to info@tourboks.com or by contacting Tourboks, using the Tourboks Suppliers’ Dashboard. Please note that if your account is cancelled, we do not have an obligation to delete or return to you any Supplier Content that you have posted on the Site and/or the Application, including but not limited to, any reviews or Feedback. Upon the cease of the Supplier’s licence to use Tourboks' Services the Traveller’s reviews of the Supplier’s Products, Services and Information will only be available for the Supplier’s future use by written agreement with Tourboks.

Disclaimers

If you choose to use Tourboks’ Services, you do so at your sole risk. You acknowledge and agree that Tourboks does not have an obligation to conduct background checks on any member, including but not limited to, Travellers, users and Suppliers, but may conduct such background checks in its sole discretion. The Site, the Application, the Services, and the Content are provided ”as is”, without warranty of any kind, either express or implied. Without limiting the foregoing, Tourboks explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of the course of dealing or the usage of trade. Tourboks makes no warranty that the Site, the Application, the Services, or the Content, including but not limited to the Listings and any Products, Services and Information, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Tourboks makes no warranty regarding the quality of any Listings, Products, Service and Information, the Services or the Content or the accuracy, timeliness, truthfulness, completeness or reliability of the Services and the Content. No advice or information, whether oral or written, obtained from Tourboks or through the Site, Application, Services or the Content will create any warranty not expressly made herein. You are solely responsible for all of your communications and interactions with other users of the Services, other Suppliers, Travellers and other persons with whom you communicate or interact as a result of your use of the Services. You understand that Tourboks does not make any attempt to verify the statements of Travellers and users of the Services or to review or visit any Products, Services and Information. Tourboks makes no representations or warranties as to the conduct of the Travellers and users of the Services or Tourboks’ compatibility with any current or future Travellers or users of the Services. You agree to take reasonable precautions in all communications and interactions with Travellers, other Suppliers and other users of the Services and other persons with whom you communicate or interact as a result of your use of the Services, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by Tourboks or take place during a group tour. Notwithstanding Tourboks’ appointment as the limited agent of the Suppliers for the sole purpose of accepting payments from Travellers on behalf of the Suppliers, Tourboks explicitly disclaims all liability for any act or omission of any Traveller or other third party.

Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the full liability for your access to and use of the Site, the Services, the Application and the Content, your Products, Services and Information, your Listings and booking of any Products, Services and Information and any contact you have with Travellers or other users of the Services in person or online remains with you. Neither Tourboks nor any other party involved in creating, producing, or delivering the Services or the Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute Products, Services and Information or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the Services or the Content, from any communications, interactions or meetings with Travellers, other Suppliers, other users of the Services or other persons with whom you communicate or interact as a result of your use of the Services or from your Listings or booking of any Products, Services or Information, whether based on warranty, contract, tort (including negligence), p liability or any other legal liability, and whether or not Tourboks has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Tourboks' aggregate liability arising out of or in connection with these Terms and your use of the Services, including but not limited to your Listings or booking of any Products, Services and Information, the use or inability to use the Services or the Content,, will in no event exceed the amounts you have paid or owe to Tourboks in the twelve (12) month period prior to the event giving rise to the liability, or the amounts paid by Tourboks to you in the twelve (12) month period prior to the event giving rise to the liability.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Tourboks and you regarding the Site, the Application, the Services, the Content, and any bookings or Listings of a Product, Service and Information and the Terms supersede and replace any and all prior oral or written understandings or agreements between Tourboks and you regarding the Site, the Application, the Services, the Content, and any bookings or Listings of a Product, Service and Information.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Tourboks' prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Tourboks may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required under these Terms, including regarding modifications to these Terms, will be in writing and given by Tourboks (i) via e-mail (in each case to the address that you provide) or (ii) by posting on the Site or the Application or via the Tourboks Supplier’s Dashboard. For notices made by e-mail, the date of receipt will be deemed the date on which the notice is given.

Choice of Law and Venue

These Terms will be governed by the laws of Denmark, without regard to its conflict-of-law provisions. Any dispute arising from these Terms must be brought before the courts of Denmark.

General

The failure of Tourboks to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Tourboks. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a provision of these Terms is invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Newsletters

By registering; using our Services and/or providing your e-mail address, you consent to receive regular e-mail updates from Tourboks about the platform, travel and other community related matters. Each e-mail you receive shall contain a mandatory opt out at the bottom of each e-mail to allow you to unsubscribe if you so choose.

Contacting Tourboks

If you have any questions about these Terms, please contact Tourboks at info@tourboks.com.