Terms and Conditions
The terms “we”, “us”, “our” and “tourHQ” refers to tourHQ Limited, a company incorporated under the laws of Hong Kong, and/or our subsidiaries. The term “User” and “you” refers to the User, who may either be a Traveler or a Tour-guide, as defined in clause 1.2 and 1.3, respectively.
By accessing or using this website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully.
In the unlikely event of a conflict between the Terms and Conditions and FAQs, the provisions of these Terms and Conditions shall supersede unless specifically stated otherwise.
1. About tourHQ
1.1 In our experience, the quality of a holiday greatly depends on various factors. The quality of the Tour-guide is an important consideration. Whilst there is a great trove of information on each destination available online, the task of deciding which Tour-guide to choose to avail services from can be a painstaking activity. This website aims to bridge the gap by providing a platform for Travelers and Tour- guides to connect directly. This website also provides a platform for a Tour guide’s past customers to write reviews about their experience such that future Travelers may be able to make more informed decisions on which Tour-guide to choose. The website also makes it possible for potential Travelers to interact with past Travelers to ask specific questions about their experiences.
1.2 On this website, the term “Traveler” predominantly refers to individual travelers and also includes travel agencies and other such organizations that may be planning itineraries or tours for their clients.
1.3 On this website, the term “Tour-guide” broadly refers to all people who may provide to a Traveler services such as, but not limited to, taking a Traveler through an historical monument, on a scuba diving session, on a sky dive, a hot air balloon ride, on a fishing boat or even on a simple hike, as well as the travel companies who may organize activities, whether on a customized or standardized basis, for Travelers at a particular destination.
1.4 The User profiles shared on this website are not verified by tourHQ, and we strongly urge potential Travelers to exercise due caution while dealing with people who may claim to be Tour-guides, and vice versa, on this website.
1.5 As per our booking terms, an advance deposit (“Initial Fee”) is to be paid to tourHQ on confirmation of the tour. Upon payment of the Initial Fee, the booking of a tour is confirmed. The remainder is to be paid to the Tour-guide directly on meeting. We cannot be held liable for any loss or damage suffered by any Traveler who may rely on information available on this website. We are also not liable to Tour-guides in the event that the Traveler does not pay the outstanding amount to the Tour-guide.
1.6 Travelers acknowledge and agree that tourHQ is not a travel agent, and the Tour-guides listed on the website are not employees, or subsidiaries of tourHQ. tourHQ merely provides a platform for Travelers to connect with the Tour-guides around the world. Travelers also acknowledge that Tour-guides may require them to comply with certain additional terms and conditions in relation to the tours arranged by them (“Tour T&Cs”). We encourage Travelers to specifically enquire about any Tour T&Cs before proceeding further with a booking. Traveler and Tour-guide acknowledge and agree Tour T&Cs are an independent contract between them, and tourHQ shall not be a party or take any liability related to such contract.
2. Use of the Website
2.1 The use of this website constitutes a deemed agreement to all the terms and conditions contained in this Agreement.
2.2 If you (a) are not competent to enter into a valid and binding contract with tourHQ under applicable law, and (b) do not accept any or all the terms and conditions and the Agreement, we advise you to discontinue the use of this website.
2.3 We request you to refer to this page periodically to view the latest terms and conditions. We reserve the right to amend any or all of the conditions contained herein without prior notice, and your continued access of the site would amount to your consent to such a modified agreement. We also reserve the right to modify the nature, features and functionality of the services on the website as described in clause 1.1 above (“Services”), with or without prior notice to User. User will be deemed to have accepted the amended terms and conditions or Services if they continue using Services after the date and time that they are made effective.
2.5 User must provide true, accurate and complete information. User shall not (i) select or use as a User ID a name of another person with the intent to impersonate that person; (ii) use as User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as User ID a name that is otherwise offensive, vulgar or obscene. In the event that tourHQ later discovers that Registration Details provided by a User are not true, accurate and complete, it reserves the right to terminate such User’s right to access and use Services immediately, without any liability whatsoever.
2.6 User is solely responsible for any activity that occurs on their account and shall be responsible for maintaining the confidentiality of their User ID and password. User undertakes to immediately notify tourHQ in writing in case of any unauthorized use of your account, or other account related security breach of which you are aware.
2.7 User agrees to use Services in compliance with applicable law, rules and regulations, for lawful purposes only. User is solely responsible for the knowledge of any and all laws, rules, and regulations pertaining to their use of Services.
2.8 In case User accesses or uses Services from a geographical territory or jurisdiction where the access or use of Services is prohibited, they do so at their own risk and solely undertake to comply with all local laws, rules and regulations. tourHQ shall not be held liable in any manner whatsoever.
2.9 We retain the right at our sole discretion to deny access to anyone to this website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
3. Restrictions on usage
3.1 User agrees that they shall not (directly or indirectly): (a) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent applicable laws specifically prohibit such restriction, (b) modify, translate, or otherwise create derivative works of any part of Services, (c) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder, (d) engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services, or (e) engage in overlaying or otherwise modifying the Services or their appearance.
3.2 All materials contained on the website tourHQ.com are protected by copyright laws. Access to the site does not grant you any right to the intellectual property rights of the material available. It is prohibited to copy, imitate or produce derivative works in any manner, or display, frame or mirror it by any means without the prior permission of tourHQ.
3.3 You cannot monitor or copy the content on this website using any technology such as robot, spider, scraper or any other automated or manual means without our permission.
3.5 The brand, the logo, the content and the overall look and feel of the website is the copyright of the company and may not be copied or imitated any manner or by using any technology.
3.6 In case you believe any content on tourHQ is violating your copyright, please contact us at firstname.lastname@example.org with the details, and we will
conduct an investigation if we feel necessary to do so.
4. Reviews and Forums.
4.1 Reviews and ratings (“Reviews”) are an invaluable source of information to other Users. A Tour-guide who registers with tourHQ by virtue of this Agreement submits and agrees to be reviewed and rated by Travelers. Tour-guides understand and agree that Reviews are subjective and may be based on a particular experience of a Traveler. Furthermore, Tour-guides agree that such Reviews shall be displayed to the general public. tourHQ cannot be responsible for the Review in any manner, and consequently cannot be responsible for any loss of revenue, business, opportunity or goodwill, or any other harm or distress caused by any Review published, even if it were to be determined at a later stage that the Review was fraudulently or maliciously posted by a Traveler.
4.2 In the event that a Tour-guide disputes a review in any way, they should contact tourHQ by writing to email@example.com and describing the details of the problem. It is solely up to the discretion of tourHQ as to whether to act on such information or notice. tourHQ cannot be held responsible for failing to act on such information or notice.
4.3 Participation on online forums helps generate a vibrant exchange of information. By submitting a message, information, photo, video, sound or any data in any format (including a Review), (collectively referred to as “Content”), to any section of this website by any means, you grant tourHQ and its affiliates a royalty free, non-exclusive, worldwide, unconditional, perpetual, irrevocable and sub- licensable right to display or publish the Content in question by any means and anywhere in the world we deem fit.
4.4 Furthermore, you allow us to modify, adapt, translate or to create derivative works of the Content as we deem fit. You cannot hold tourHQ responsible for any loss or damage, financial or otherwise that you may suffer on account of granting tourHQ such right. You acknowledge and agree that your submissions are neither confidential and nor are they proprietary to you. tourHQ will not be responsible or held liable for any harm or damage caused if the user uploads copyrighted or trademarked Content.
4.5 tourHQ provides a platform for Tour-guides to showcase their talents and offerings, for past Travelers to share their opinion and for the overall community to discuss issues that any Traveler may need clarity on. Though we do not have any obligation to monitor the platforms provided or the Content, we may choose to do so, and retain absolute right at our discretion to edit or delete any Content without giving any reason. We also do not take any responsibility for any Content that our users may upload, post or provide links to on our website. We are also not responsible for any mistakes, libel, slander, obscenity or pornography that you may encounter on the website. Please ensure that if the Content is important, you save what you need as this service is not intended as a storage platform. We can delete data at any point of time without giving advance warning and will not be held responsible in any way for doing so.
5. General restrictions on type of content that can be posted
5.1 You warrant that by using the platform provided by our website, you will not submit or publish in any manner any content or links to such content:
That would violate any local or international laws.
That would be considered libelous, defamatory, pornographic, obscene, harassing, threatening, inflammatory or objectionable in any way.
That would impinge on anyone else’s intellectual property rights without having their express approval.
That you may know or believe to the best of your knowledge to be false, misleading or fraudulent
That may be completely irrelevant or unrelated to that particular area.
That you may post whilst attempting to impersonate someone else.
That may include sensitive, personal or private information of any third party including without limitation names, social security numbers, credit card details and such.
That may potentially harm the website, the systems or cause a problem or corruption of the data in any way or that can cause a similar problem in the computers or systems of any visitor to our website.
That tourHQ may find objectionable in any way, or inhibits the use of the site as intended, or that exposes tourHQ to harm or liability in any way.
5.2 If we believe you have violated the terms and conditions, we maintain the sole right and discretion to delete your account or restrict your access to certain parts of the website.
5.3 tourHQ will not be liable for any fake accounts or any persons masquerading as Tour-guides. tourHQ advises Travelers to conduct due diligence before firmly engaging a Tour-guide . Conversely, tourHQ will not be liable to Tour-guides for any fake accounts of Users masquerading as potential Travelers. tourHQ advises Tour-guides to also conduct due diligence before firmly engaging with a Traveler.
6. Travel Marketplace
6.1 tourHQ provides Travelers the ability to post their requirements for guiding and other travel related services at their destination. Tour-guides at the destination can view these requests and choose to respond to them.
6.2 A Tour-guide can respond to requests without any charge, however, they can use their available credits, if any, to obtain certain premium features as described on our website from time to time. A Tour-guide can purchase credits from tourHQ online. These credits will have an expiry of 12 months from the date of purchase. A Tour-guide shall ensure that they use these credits before their expiration date.
6.3 The User will ensure that the job requirements that are posted do not contain their contact information such as phone numbers, email addresses etc. Once a job request has been submitted, tourHQ admin reserves the right to moderate any job request submitted to ensure compliance with its terms and conditions. We reserve the right to remove any job request where personal information, either their own or of any other User or person, has been posted by a User.
6.4 A Tour-guide too is not allowed to share their contact details in any response to a Traveler till such time that the Traveler has booked the tour, and the Initial Fee has been paid.
6.5 The Traveler can receive proposals from multiple interested Tour-guides and then interact with each of them to request for amendments or tweaks to the itinerary as desired. Eventually, the Traveler will select the travel proposal that he/she deems to be the best suited to their requirement in their sole discretion and pay an Initial Fee to tourHQ to confirm the booking (“Booked Tour”). The remainder of the tour fees will be paid directly to the Tour-guide at the start of the tour or as directed by the Tour-guide. tourHQ shall not be liable for any non-payment by Traveler to the Tour-guide.
6.6 Given that a Traveler may consider multiple tour proposals, and would also consider tour options outside of tourHQ, tourHQ cannot guarantee that a travel proposal submitted will lead to a Booked Tour. A Tour-guide should only respond to those assignments which they feel they are well qualified for, and should ensure that they craft a good and comprehensive response to the Traveler. It is likely that a Tour-guide may need to submit responses to multiple requests before they are awarded any guiding assignment. tourHQ does not guarantee that a minimum number of requests will be made within a particular period or that they will culminate in a Booked Tour. Please visit our FAQs on further advice on this aspect, if you want more information.
7. Super Guides Terms and Conditions
The Super Guide Medallion provides recognition to guides who have distinguished themselves by reaching and maintaining specific performance goals. The guides who meet these qualifications automatically receive the Super Guide status and retain this status for the present and next quarter. There is no necessity to separately apply for Super Guide status.
tourHQ does not endorse any guides, including Super Guides. tourHQ does not guarantee or check or control the quality of services, the conduct, and suitability of any guides, including Super Guides. The guides remain responsible for all their services, as well as complying with applicable legal obligations. The performance standards of Super Guides are judged by an automated system. tourHQ does not certify or verify any guides based on the Super Guide status or any other standards.
tourHQ may terminate the Super Guide status of a guide, or the Super Guide programme at any time without notice or without any reason to any users of the website.
7.1 Qualifications needed for being a Super Guide
In order to become a Super Guide, a guide must meet the specified performance goals/targets. The targets may vary for guides based on season, location, and other factors, and will displayed on the dashboard for tracking progress. The targets may also be changed from time to time, or the parameters may change as per the discretion of tourHQ without any prior notification.
Guides can review their performance in the Super Guide programme on their profile at the Super Guide dashboard.
tourHQ can debar a guide from receiving Super Guide status in case it deems fit to do so and is not liable to inform the user or furnish any reasons for it.
7.2 How are Super Guides Evaluated
The Super Guide evaluation is done by an automated system every three-months, otherwise known as a quarter. If the guide meets the performance targets and qualifies to become a Super Guide, they receive the Super Guide medallion immediately, which is displayed on their profile. This medallion is displayed on their profile for the present quarter and the next quarter, unless they fail to meet the targets or if the Super Guide status is revoked by tourHQ.
Super Guide status is automatically revoked in a quarter if the guide does not meet the performance requirements in the previous quarter. Upon cancellation of trips, the Super Guide status is revoked immediately and cannot be received until the performance goals are met in the next quarter. tourHQ is not obligated to notify guides of the Super Guide status being revoked.
Guides who have their Super Guide status revoked can regain it by meeting the performance goals in the coming/next quarter. Upon receiving the Super Guide status, the medallion will be displayed on the guide’s tourHQ profile once again.
7.3 Benefits to Being a Super Guide
Super Guides receive special benefits from tourHQ, which are subject to revision or change without prior notice from tourHQ. These special benefits include, but are not limited to, the Super Guide medallion.
The benefits are subject to change and may depend on additional terms. They may be discontinued or revised without any notice to guides.
However, the following are clarified to NOT be benefits that come with being a Super Guide, and cannot be claimed or misconstrued to be so by anyone who may or may not be a user of tourHQ:
1. tourHQ does not endorse the services of a Super Guide.
2. tourHQ does not take responsibility for the behaviour, conduct, services, etc. of a Super Guide.
3. The Super Guide status/medallion cannot be used on any other platform by any users or non-users.
7.4 Limitations to Being a Super Guide
The Super Guide status and/or the Super Guide medallion cannot be used/displayed on any platform other than tourHQ and cannot be used by any third party unless sanctioned by tourHQ.
The Super Guide medallion cannot be commercialised and used on any applications, mailers, merchandise by anyone, including a Super Guide. The super Guide medallion/banner displayed on the profile of a Super Guide cannot be used elsewhere or on any third-party platform unless specified by tourHQ.
A Super guide cannot claim to be endorsed or supported by tourHQ or ask for customisations or advantages. A super Guide cannot misrepresent their association with tourHQ in any form.
The Super Guide status/medallion cannot be used for any defamatory purposes or any purposes that violate the policies of tourHQ or any third party.
7.5 Termination of a Super Guide
A guide’s Super Guide status may be terminated by tourHQ without notice. Participation in the Super Guide programme is a privilege given to guides from tourHQ, but it is not a right; tourHQ may prevent participation of a guide/guides in the programme for any reason which does not need to be specified.
All Super Guides agree to release, indemnify tourHQ and hold it unaccountable and harmless in case of any claims, suits, damages, costs, expenses. You acknowledge that tourHQ can hold you accountable for misuse or misrepresentation with any false or misleading statement or act in the name of tourHQ.
tourHQ disclaims any and all liabilities and warranties including, but not limited to, merchantability, satisfactory quality, non-infringement, fitness of use for a specific purpose, and more.
The Super Guide status and medallion are not a sign of endorsement from the tourHQ platform or on any other listing. tourHQ holds the right to entirely discontinue the Super Guide programme without any prior notice to the guides/Super Guides.
8. Tour Cancellation Policies
A Traveler may cancel a Booked Tour, subject to the cancellation policies mentioned at the time of booking. Depending on the type of tour, the refund could be in the form of future travel credits on tourHQ or in the form of a refund to the initial mode of payment. These travel credits do not have any monetary value, and expire in 1 year from date of issue.
In each case, tourHQ will be entitled to withhold an amount of USD 5 (or equivalent amount) as administrative expenses.
A Traveler shall not be entitled to request a refund or rescheduling of a Booked Tour from tourHQ if they fail to show up for a Booked Tour, regardless of the reason of such failure. Such reasons include, without limitation, medical emergencies, flight delays or cancellations, political events, wars, epidemics, etc.
It is expected that a Tour-guide shall not cancel a Booked Tour, except where such cancellation is caused due to a reason beyond their control, such as a Force Majeure event. In case a Tour-guide is unable to service a Booked Tour for whatever reason, they should inform tourHQ promptly within 24 hours of receiving the booking. In any event, in case a clash is discovered later, the Tour-guide must inform tourHQ at support@tourHQ.com and the Traveler, immediately. tourHQ will endeavor to find a replacement guide for the traveller. Depending on the new quotes received, this may involve an extra payment to be made by the traveller. Any refund made to a traveller would be in the form of tourHQ travel credits or a refund to the original mode of payment depending on the type of tour. These travel credits do not have any monetary value, and expire in 1 year from date of issue.
A Traveler will be entitled to a refund of the Initial Fee in the form of travel credits in case (a) tourHQ is unable to locate an acceptable replacement guide, or (b) the Tour-guide is compelled to cancel a Booked Tour due to a reason not within their control, including a Force Majeure Event (as defined below), and the Tour-guide has not been able to make an alternative arrangement. In case the Traveler has paid to the Tour-guide (or any person authorized by them) any amounts in addition to the Initial Fee, the Traveler agrees that tourHQ shall have no liability in this respect and that refund of such amounts will be exclusively governed by the terms and conditions agreed to between the Traveler and Tour-guide.
In case a Tour-guide is found to be repeatedly cancelling Booked Tours for no valid reasons, such Tour-guide agrees and acknowledges that such actions could impact future flow of business or even a complete removal of their account from the tourHQ platform, at the discretion of tourHQ.
For the purpose of this Agreement, “Force Majeure Event” shall mean all events which are beyond the control of a party and shall include, without limitation, earthquakes, volcanoes, typhoons, flood, explosions, riots, acts of government or public agencies, tempest, civil disturbances, terrorism or act of God which cannot be foreseen, prevented or controlled.
tourHQ reserves the right to determine the cancellations and refund policies applicable to a particular tour.
9. Travel Safety
8.1 Although most travel, including travel to international destinations is experienced without incident, travel to certain destinations may involve greater risk than others. It is the responsibility of the Traveler to (a) investigate and review travel advisories, restrictions, warnings and announcements issued by all sources, including those issued by your country and destination country authorities, (b) obtain and administer vaccination, inoculation and relevant medical care necessary for travelling to certain destinations, prior to booking travel. Some websites used by people for accessing such information include www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.govwww.customs.gov and www.mea.gov.in. tourHQ will not be held liable in any manner, for any omission or lapse in due diligence on the part of the Traveler. Additionally, tourHQ will not be held liable for any omission or lapse in due diligence by the Tour-guide registered on the website, or for any acts/omissions done by him.
8.2 Some of the activities such as some adventure sports can also be inherently risky. You should participate solely on your own risk, and after considering your physical and mental health condition. In no circumstances will tourHQ be responsible to you or to your heirs or estate for any consequence of any activity that you may undertake during your trip. We also strongly encourage you to procure and maintain suitable insurance at all times.
8.3 Sometimes Tour-guides may encourage or accompany Travelers for shopping. tourHQ will not be held responsible or liable to Travelers for any money spent, or any goods bought by them, or for the quality of any goods, or any injury or loss arising from such products bought during a trip.
10. Coupons and other Advertisements
9.1 tourHQ provides a platform where businesses and organizations can advertise their products on our website in the form of general advertisements or discount coupons. The fact that these advertisements or coupons appear on our website should not be taken as an endorsement of the products or services. Furthermore, we cannot warrant that the discount or deal being given is the best one. It is possible that you could potentially get the same product or service cheaper through other deals and offers that may be available elsewhere or directly with the service or product provider. Any visitor to our website should make sure that they do their full due diligence before they act on any advertisement or coupon that they may find on our website. You are solely responsible for choosing to avail of such offers available on our website.
11. User’s right in tourHQ’s website and Services
10.1 User shall not co-brand, frame the website or create a link to tourHQ’s website from another website or document without obtaining prior written consent of tourHQ.
12. Liability Disclaimer
11.2 SERVICES ARE PROVIDED BY TOURHQ ON AN ‘AS IS’ AND ‘AS AVAILABLE BASIS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TOURHQ DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED AND SEAMLESS. ACCESS OR USE OF SERVICES MAY BE SUSPENDED OR MADE UNAVAILABLE DUE TO REASONS INCLUDING MAINTENANCE AND TECHNICAL ERRORS.
11.3 User acknowledges and agrees that Services are only a platform that allows various individuals to interact with one another. tourHQ does not hire or employ any Users nor is it responsible or liable for any interactions involved between Users via the Services. tourHQ is not responsible for any disputes, claims (civil as well as criminal), losses, injuries, or damage of any kind that might arise out of or relate to conduct of Users, including, but not limited to, any User’s reliance upon any information provided by another User.
11.4 IN NO EVENT SHALL TOURHQ, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, OR PARTNERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES ARISING FROM (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, OR (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USER’S ACCESS TO THE WEBSITE AND USE OF THE SERVICES, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) USD 500.
12.1 You agree to indemnify tourHQ, its affiliates and any of its owners, employees, agents and directors against any claims, demands, recoveries, damages, fines, losses or penalties brought by other Users and/or third parties, that may arise out of any reason but not limited to your (a) use of the website or (b) violation of (i) this Agreement, (ii) Tour T&Cs,or of any aspect of the law both domestic and international.
13.1 Force Majeure. no Party shall be liable for any delay, failure in performance, loss or damage on account of a Force Majeure Event.
13.2 Waiver.A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. tourHQ’s failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
13.3 Severability.If any provision of this Agreement is found to be illegal, void or unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions of the Agreement.
13.4 Notice.Any notice or other communication to be given hereunder will be in writing and given by facsimile, registered or certified mail return receipt requested, or electronic mail.
13.5 No Agency.Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other.
13.6 Entire Agreement.This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
15. Governing law and jurisdiction
14.1 This website is operated by tourHQ, a company based in Hong Kong. By using this website you agree to submit to the exclusive jurisdiction to the courts of Hong Kong for any dispute resolution. The use of this website is unauthorized in any jurisdiction that does not give effect to all the provisions of these terms and conditions.
Updated on 16 January 2019