Terms & Conditions

Dear Fellow Traveler,

Welcome to TourHero! At TourHero, we seek to help you plan and book unforgettable journeys. It is our passion to whisk travelers away on extraordinary adventures to discover new places, encounter real people, and delve into authentic culture. We want to share something truly special that will create a lifetime of memories.

Please read our Terms and Conditions and travel information carefully as these are the terms of the contract between you and TourHero Pte. Ltd., hereinafter referred to as “TourHero”.

1 These terms

1.1 TourHero is a platform that connects travelers and Travel Specialists who offer Tour Customization Services and Tour Packages by Tour Suppliers (“Products”). These terms and conditions govern your use of our website (our “Platform”). Tour Specialists and Tour Suppliers, hereinafter referred to as “sellers” are independent contractors and not agents or employees of TourHero.

1.2

TourHero is a website service that connects travelers to Travel Specialists and Travel Suppliers based on the traveler’s destination and needs. TourHero does not provide, own, or control any of the Products, such as flights, accommodations, rental cars, packages, or travel insurance (the “Products”). The Products are owned, controlled or made available by third parties (the “Travel Suppliers”). The Travel Suppliers are responsible for the Products. The Travel Supplier’s terms and privacy policies apply to your booking so you must agree to and understand those terms. Furthermore, the terms of the actual Travel Supplier (airline, hotel, insurance, etc.) apply to your travel, so you must also agree to and understand those terms. Your interaction with any Travel Supplier accessed through the Website is at your own risk; TourHero does not bear any responsibility should anything go wrong with your booking or during your travel unless it solely was responsible for the event.

You acknowledge that some Travel Suppliers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such Travel Supplier’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable Travel Product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation. TourHero is not liable for any costs incurred due to hotel relocation.

1.3

By offering reservations for travel in particular international destinations, TourHero does not represent or warrant that travel to such areas is advisable or without risk. It is your responsibility as a traveler that you read and adhere to published information and government reports about your destination. TourHero will not be liable for damages, losses, personal injuries or death that result from travel to such destinations.

You and any travel companion including but not limited to children traveling with you must be in possession of a machine-readable passport valid for 6 months after the trip return date along with all applicable visas. It is your sole responsibility to secure and/or pay for any and all visas, reciprocity fees, affidavits, vaccinations, etc. that are required to be permitted entry into each destination, including stopovers. In some countries you may be subject to entry (reciprocity) fees and/or departure taxes/exit fees which will be collected at the airports upon entry/departure by local government authorities. Please note that entry to any country may be refused even if the required information and travel documents are complete.

For up-to-date detailed information on travel documents and visas, entry/exit taxes and further information on entry and exit requirements please check with your local consular services. Obtaining and carrying these documents is your sole responsibility. TourHero bears no responsibility for such information and will not be responsible for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your vacation/holiday related to improper documentation or government decisions about entry.

Vaccinations for travel. TourHero is not a medical advisor or medical expert, and cannot determine your health or fitness for travel. Before departure, you should consult your doctor so they can consider your medical history and expected destinations in order to provide you current recommendations. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.

The carriers, hotels, and other Travel Suppliers providing travel or other services on this Website are independent contractors and not agents or employees of TourHero. TourHero is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. TourHero has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond TourHero’s direct control, and TourHero has no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.

1.3

Please read these terms carefully before you submit any order on our Platform. These terms tell you who we are, the conditions on which you may be a Tour Specialists, Tour Suppliers or a buyer on our Platform, what to do if there is a problem, and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.

1.4

By using our Platform, you agree to these terms. If you are using our Platform as a representative of an entity, you are agreeing to these terms on behalf of that entity. You warrant that you are at least 16 years of age and possess the legal authority to enter into this agreement and to use the Platform in accordance with all Terms and Conditions herein. If you are using this Website and/or making travel reservations or bookings for another person you agree to inform that person(s) about the Terms and Conditions that apply to the travel reservations and bookings you have made on their behalf, including all rules and restrictions applicable thereto and these Terms of Use. You agree to be financially responsible for all of your use of the Website (as well as for use of your account by others). You are responsible for any bookings and travel reservations made by persons under your direction or control. You also warrant that all information supplied by you or on your behalf, or by members of your household in using the Website is true, current, complete and accurate. Furthermore, you also confirm that the traveler is not an unaccompanied minor. Without limitation, any exploratory, speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited.

2

Information about us and how to contact us

2.1

We are TourHero., a company registered in Singapore, trading as TourHero Pte. Ltd.. Our Unique Entity Number is 201906279K and our registered office is at 1 Paya Lebar Link, #04-01, Paya Lebar Quarter, Singapore 408533.

2.2

For any questions or problems relating to our Platform, our Products or these terms, you can contact us by telephoning our customer service team at +6531591808 or email us at hello@tourhero.com or write to us at 1 Paya Lebar Link, #04-01, Paya Lebar Quarter, Singapore 408533.

2.3

We are the data controller in relation to our Platform and are responsible for your personal data. Please see Clause 13 and our privacy policy which is available here for information about what personal data we collect and what we do with it. It is important that you read our privacy policy, which may be updated from time to time, and understand how we use your information and the rights that you have about your information.

2.4

If we have to contact you, we will do so by telephone or by instant messaging platforms or by writing to you at the email address or postal address you provided to us.

2.5

When we use the words "writing" or "written" in these terms, this includes emails, postal mail or instant messaging.

3

Contracts for sale

3.1

We are a website that connects travelers and Travel Specialists who offer Tour Customization Services and Tour Packages by Tour Suppliers. The actual contract for sale of Products is directly between the Tour Suppliers and the buyer. We are not liable to any person in relation to an offer for sale, sale, or purchase of any Product listed on our Platform. We are not responsible for the enforcement of any contractual obligations between any buyer and any Tour Supplier.

3.2

We have no control over and we do not guarantee the existence, quality, safety or legality of the items offered or advertised on our Platform, the accuracy, completeness or truth of any content or listings posted by tour specialists and tour suppliers, the credit worthiness of any user, the ability of sellers to sell or buyers to buy, or that a particular buyer and seller will complete a particular transaction.

3.3

We are not involved in any transaction between a buyer and a seller on our Platform save that we facilitate a marketplace for buyers and sellers and process payments on behalf of sellers.

3.4

We are not an agent of any buyer or seller.

3.5

We may (at our discretion but are not obliged to) check, audit or monitor the information contained in listings, comments and/or reviews posted by users.

3.6

A buyer may place orders on the Platform as instructed on our Platform. A seller’s acceptance of a buyer’s order will take place when they email the buyer to accept it, at which point a contract will come into existence between the seller and the buyer.

3.7

We will assign an order number to each order. Please tell us the order number whenever you contact us about your order.

4

Terms and conditions for sale

4.1

If you as sellers, list an item on our Platform, you agree to comply with our rules for listing, content policies and selling practices from time to time in force. You are responsible for the accuracy, completeness and truth of the content of the listing and the Product offered. We reserve the right to modify, suspend or delete any listing that violates our rules, policies and practices, or to improve user experience.

4.2

We have full discretion in determining the appearance, placement and order of listings in search and browse results. The factors we may consider in making such a determination may include the buyer and seller’s respective location, the search terms used, and the buyer and seller’s respective history on the Platform.

4.3

All sellers on the Platform must clearly state the terms and conditions of sale ("Seller's Terms") in their listings, including the following information:

(a)

forms of accepted payment;

(b)

taxes and applicable government imposed fees (if any);

(c)

shipping method, costs and expected time;

(d)

cancellation policy (e.g. the time period within which the buyer must notify the seller about a cancellation, who's responsible for the transaction cost); and

(e)

refund or replacement policy (e.g. the time period within which refund or replacement will be arranged).

4.4

You are responsible for keeping any content and information posted accurate and up to date. You should delete any listings that are no longer available.

4.5

You must comply with all applicable laws and regulations in providing, delivering or rendering the Products that you offer or sell.

5

Terms and conditions for purchase

5.1

When purchasing a Product, you agree to comply with our applicable rules and policies from time to time in force. You are responsible for reading the full listing before committing to buy or making a bid for any Product.

5.2

Any order placed or bid submitted in respect of a Product is deemed irrevocable and unconditional. In placing an order or submitting a bid you agree to the Seller's Terms set out in the seller's listing for the Product.

5.3

You enter into a legally binding contract to buy a Product when you commit to buy a Product, your order for a Product is accepted, or if you have the winning bid for a Product (or your bid for a Product is otherwise accepted).

6

Content

6.1

When providing content on or to our Platform, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use, reproduce, process, adapt, modify, publish, display and distribute such content for the purposes of providing the Products to you and the promotion of our Platform.

6.2

For all content that you provide, you warrant that:

(a)

the content is accurate, up to date and not misleading;

(b)

you own or otherwise control all necessary rights to meet your obligations under these terms regarding such content; and

(c)

the use of such content does not and will not infringe any intellectual property rights of any third party.

6.3

While we try to offer reliable information, we do not promise that any content or information provided on our Platform will be accurate, complete, up to date or always available. If and where we offer catalogs of listings, such catalogs may include product images, descriptions and specifications provided by users or other third parties.

6.4

If you are buying Products, you agree that we are not responsible for examining or warranting any listings provided by any users. If you are selling Products, it is your responsibility to review the content of your listings for accuracy.

6.5

We do not take any responsibility, nor do we assume any liability, for any content provided by you or any third party. You agree not to hold us liable for any inaccurate or misleading content.

7

Buyer's rights to make changes

7.1

If a buyer wishes to make a change to the Product buyer has ordered, please contact the seller. The seller has full discretion whether or not to accept the changes. The seller will let the buyer know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of the requested change and ask the buyer to confirm whether he wishes to go ahead with the change. If the seller cannot make the change or the consequences of making the change are unacceptable to the buyer, the buyer may request to end the contract (see Clause 9 - A buyer's rights to end the contract).

8

A seller's rights to make changes

8.1

Sellers may make minor changes to their Products from time to time in order to:

(a)

reflect changes in relevant laws and regulatory requirements; and

(b)

implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect a buyer's use of the Product.

8.2

If a seller makes significant changes to their Products or the Seller's Terms for the Products, the seller will notify the buyer prior to the changes take effect. If the buyer does not accept the changes, the buyer may contact the seller to end the contract before the changes take effect and receive a refund for any Products paid for but not received.

9

A buyer's rights to end the contract

9.1

If a buyer becomes aware of any defect in all or part of the Products performed:

(a)

the buyer must give notice in writing to the seller;

(b)

where the Products reported are found to be defective the seller will, at its option, re-perform the services or refund the price of such defective Products in full.

9.2

If a buyer is ending a contract for a reason set out below the contract will end immediately, the seller will refund the buyer in full for any Products which has not been provided and the buyer may also be entitled to compensation:

(a)

the seller has told the buyer about an upcoming change to the Product or the Seller's Terms for the Product, which the buyer does not agree to (see Clause 8.2);

(b)

the seller has told the buyer about an error in the price or description of the Product ordered and the buyer does not wish to proceed;

(c)

there is a risk that supply of the Products may be significantly delayed because of events outside the seller's control; or

(d)

the seller has suspended supply of the Products for technical reasons, or notifies the buyer that the seller is going to suspend them for technical reasons, in each case for a period of more than three (3) months.

9.3

On our Platform, each buyer is offered a goodwill guarantee under which a buyer may change his mind within one (1) day and receive a refund.

9.4

A buyer has one (1) day to change his mind after the day the seller emails him to confirm his order. However, once the seller has completed the services, the buyer cannot change his mind even if the period is still running. If the buyer changes his mind during the period that the seller is providing the services, the buyer must pay the seller for the services provided up until the time the buyer informs the seller that he has changed his mind.

9.5

A buyer does not have a right to change his mind once services have been completed, even if the cancellation period is still running.

9.6

Even if a seller is not at fault and a buyer does not have a right to change his mind under Clause 9.3, a buyer can still end the contract before it is completed (i.e. when the seller has finished providing the services and the buyer has paid for them) by giving notice in writing to the seller. In such cases, the contract will end one (1) calendar month after the day on which the buyer contacts the seller. The seller will refund any advance payment the buyer has made for Products which will not be provided to the buyer.

9.7

To end the contract with a seller, select the relevant option in your account, or email our customer services at hello@tourhero.com.

9.8

If a buyer ends the contract with a seller, the seller will refund the buyer the price the buyer paid for the Products, but the seller may deduct from the refund the price for the part of services already provided (up to the time the buyer informs the seller that the buyer is ending the contract with the seller) in proportion to the full price of the services.

9.9

If a refund is due, a seller must make the refund to the buyer as soon as possible.

10

A seller's rights to end the contract

10.1

A seller may end the contract for a Product at any time by writing to a buyer if:

(a)

the buyer does not make any payment to the seller when it is due and still does not make payment within three (3) days of the seller reminding the buyer that payment is due.

10.2

If the seller ends the contract in the situations set out in Clause 10.1 the seller will refund any money the buyer has paid in advance for Products that have not been provided, but the seller may deduct or charge reasonable compensation for the net costs the seller will incur as a result of the buyer breaking the contract.

11

Price and payment

11.1

The price of the Product will be the price indicated on the order pages when a buyer places his order. Each seller must take all reasonable care to ensure that the price of the Product advice is correct.

11.2

It is always possible that, despite best efforts by the seller, some Products may be incorrectly priced on the Platform. If the correct price for the Product at a buyer's order date is less than the price stated to the buyer, the seller will charge the lower amount; but if it’s higher than the price stated to the buyer, the seller will contact the buyer for instructions before accepting the buyer's order.

11.3

A buyer must pay for the Products by such time and in such manner as specified in the Seller's Terms.

11.4

If a buyer thinks an invoice is wrong please contact the seller promptly to let them know.

12

Our responsibility for loss or damage suffered by you

12.1

Subject to Clause 12.2:

(a)

all warranties, conditions, or terms relating to fitness for purpose, quality, or condition of the Products, whether express or implied by statute or common law or otherwise, are expressly excluded;

(b)

we shall not be liable to you (whether in contract, tort or otherwise) for any loss of profit or any indirect or consequential loss arising from or in connection with the provision of the Products; and

(c)

our total liability to you for all losses arising from or in connection with the use of the Platform shall be limited to the price of the relevant Products sold to you on our Platform.

12.2

Nothing in these terms will limit or exclude our liability for:

(a)

death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (where applicable);

(b)

fraud or fraudulent misrepresentation; or

(c)

any matter in respect of which it would be unlawful for us to exclude or restrict liability.

13

Use of your personal information

13.1

When you register or otherwise use our Platform, you provide us with personal data which is collected and used in accordance with the terms of our privacy policy. It is important that you read our privacy policy, which may be updated from time to time, and understand how we use your information and the rights that you have about your information.

13.2

In the event you process personal data relating to a buyer or a seller for the purpose of effecting a transaction or otherwise using the Platform, you confirm and undertake that you will only process such personal data for the sole purpose of participating in the marketplace on the Platform and (where applicable) to supply the Products to buyers and you will apply all adequate technical and organisational measures to keep such personal data secure.

14

Entire agreement

14.1

These terms constitute the entire agreement between any user and us in relation to the use of the Platform. These terms supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between any user and us, whether written or oral, in relation to the use of the Platform.

14.2

You acknowledge that you will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.

15

Other important terms

15.1

We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you do not wish to continue the contract with the transferee, you may contact us to end the contract within one (1) calendar month of us informing you of the proposed transfer and we will refund you any payments you have made in advance for Products not provided.

15.2

You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

15.3

If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.4

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.

15.5

Subject to these Terms, you will defend, indemnify and hold TourHero and each of our officers, directors, employees and agents harmless from and against any claim, cause of action, liability, expense, loss or demand, including—without limitation—reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or the agreements made part of these Terms by reference, your breach of any applicable law, and your use of or access to the Website, or Intellectual Property.

16

Governing law and dispute resolution

16.1

These terms are governed by and shall be construed in accordance with the laws of the Republic of Singapore.

16.2

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the Small Claims Tribunal via their website at https://www.statecourts.gov.sg/cws/SmallClaims/Pages/GeneralInformation.aspx. Small Claims Tribunal will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.

Last updated: 11 May 2020