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Terms and conditions

Terms and conditions

Terms and Conditions
Last Updated: May 29, 2019.

The following terms of use (these "Terms and Conditions"), govern your access to and use of the Twistour website operated by Twistour Ltd. (the “Company”), including any content, functionality, services and products offered on or through www.twistour.com (the "Site").

Please read each and every section of the Terms and Conditions carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms and Conditions when this option is made available to you, you accept and agree to be bound and abide by these Terms and Conditions and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms and Conditions or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles found on in the table of contents on this page. Twistour may change these Terms & Conditions at any time so review these Terms & Conditions regularly to ensure you are aware of any changes.

This Site is offered and available to users who are 14 years of age or older. If you are under 14 you may not use this Site or the Twistour services. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

You agree to use Twistour.com only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of Twistour.com. Your use of Twistour.com is intended for personal use to offer your products or services and/or make legitimate requests to purchase such products or services offered on the site. Any other commercial use of Twistour.com requires the written consent of Twistour. You agree not to use this site to make any speculative, false or fraudulent requests. You agree not to use robots or other automated means to access this site.

You represent and warrant that you (a) have not previously been suspended by Twistour or otherwise banned from the site; (b) are not a direct competitor of Twistour; (c) do not have more than one Twistour account at any given time; and (d) that you have full power and authority to enter into these Terms of Service and in doing so will not violate any other agreement to which you are a party.

We grant you permission to use the site subject to the restrictions in these Terms and Conditions. In accessing or using the site, you may be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. Twistour does not endorse such content, and cannot vouch for its accuracy. You therefore access and use the site at your own risk.

By offering a service or product, the seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service or product offered on Twistour. Sellers advertising their product or service online must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the offered service and may lead to the suspension of seller's account

Users purchasing products or services through Twistour also undertake that they have the permissions, rights and/or licenses for participating in the activity or use the product and have no health issues that would result in any form of injury mental or physical. Twistour is in no way responsible for the products and services offered on the Site. All users use twistour.com and the products and services on it on their own risk.

User Accounts

You need to create an account and provide information about yourself in order to use some of the features on the site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account.

Your account is for your personal use only. You may not impersonate someone else (e.g., adopt the identity of a celebrity or a company that you are not an authorized personnel of), create an account for anyone other than yourself or the company you represent, provide an email address other than your own or the company you represent, or create multiple accounts.

We reserve the right to close your account at any time for any or no reason.

If you come across any content that may violate our Terms and Conditions, you should report it to us through the appropriate channels. All cases are reviewed by us. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.

All information exchanges must be performed exclusively through twistour.com.

Rude, abusive, improper language, or violent messages sent to users will not be tolerated and may result in an account warning or the suspension/removal of your account. Reporting Violations Targeted abuse is not tolerated. Users who engage in targeted abuse or harassment towards other users on Twistour will be banned. This includes creating new multiple accounts to harass members through our message or booking system.

Sellers

Sellers are those who provide products or services through twistour.com. Seller can be an individual or representing a company. Buyers are those who browse the Sellers products or services, contacts them or purchases their products or services.

Sellers allow Company to collect a reservation fee on the Site for Sellers’ Offers. The amount of reservation fee is determined by the sole discretion of Company. Sellers are aware that the remaining balance has to be collected from Buyers upon check-in. Collecting the payment is the Seller’s responsibility and failing to do so has no repercussion towards Company.

Sellers are allowed to post unlimited products or services (“Offers”). These offers may be removed by Twistour for violations of these Terms and Conditions or for any other or no reason. Sellers are not allowed to upload Offers that are illegal, fraudulent, infringe copyright or trademark, adult oriented services, pornographic, inappropriate, obscene, intentional copies of other User’s Offers, spam, nonsense, advertising, misleading to buyers, including violations of third party terms of service. Offers that are removed for these violations or any other reason are not allowed to be uploaded again without the written consent of Twistour. The removal of these Offers may result in the removal of the Seller’s account.

Sellers are not allowed to provide phone numbers, email address or any other information to be contacted. Sellers can contact Buyers only through the inner messaging system of www.twistour.com. Violation of this may result in immediate removal of the Seller’s account.

Sellers are not allowed to accept payments using any method other than placing and order through twistour.com. Violation of this may result in immediate removal of the Seller’s account.

Statements on the Seller’s profile or Offer Page that undermine or circumvent these Terms and Conditions are prohibited.

Selling a Seller account is not allowed.

Buyers

Buyers are those who browse the Sellers’ products or services (Offers), contacts them or purchases their products or services. Buyers may not offer Sellers to pay, or make payment any other than through the twistour.com site. Buyers may not offer Sellers to make contact in phone, email or any other way than through twistour.com.

Content

You can contribute to the site in a number of different ways, including writing reviews, uploading photos, filling out your public profile, and rating other users' contributions (your "Content").

We may use Your Content in a number of different ways, including displaying it on the site, reformatting it, editing it for clarity and grammar, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us permission to use your Content for any purpose. You also irrevocably grant the site's users and the users of any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content.

You alone are responsible for your Content. You assume all risks associated with your Content, including anyone's reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, your Content as described herein. You may not imply that your Content is in any way sponsored or endorsed by Twistour.

You may expose yourself to liability if, for example, Your Content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

We may remove or reinstate user Content from time to time at our sole discretion. For example, we may remove a review if we believe it violates our content guidelines. We have no obligation to retain or provide you with copies of your Content, nor do we guarantee any confidentiality with respect to your Content.

Twistour and its affiliates may display advertisements and other information adjacent to or included with your Content on the Site and Other Media. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

Reviews

Buyers are encouraged to communicate with the Seller before they buy their products or services or in case of an excursion, buyers should communicate with the provider in order to make the most out of the experience. Buyers are also encouraged to communicate with the seller after they have received the product or service and review the Offer from an objective point of view.

Leaving a review is a basic right of the Buyer. Reviews will not be removed unless there is a clear violation of our Terms and Conditions.

Only those are allowed to leave a review who have purchased the product or service through twistour.com. Purchases arranged, determined to artificially enhance seller ratings or to abuse the Twistour platform with purchases from additional accounts, will result in permanent suspension of all related account.

Reviews appear on the product or service page. Buyers have the option not to include a comment but still rate the service. Withholding the products or services or information with the intent to gain favorable reviews is prohibited.

Product Validity, Modifications & Amendments

All products, tours and services offered by Twistour are valid as per the dates displayed at Twistour.com or any Twistour-affiliated website. Twistour is not responsible or liable for any information that it does not directly provide.

All requests for modifications/amendments must be directed to the service provider who will process the request.

Twistour does not charge a fee to amend or change the dates of an existing booking, as long as the requested changes are honored by the supplier.

It is not possible to change or modify a special event, theater or show ticket. Sales of these tickets are final and cannot be amended once your original purchase is confirmed unless the written consent of the service provider.

All other date-change requests and amendments are subject to availability by our suppliers and/or service providers; Twistour cannot guarantee the success of any date-change request.

If you make a purchase using a Twistour promotion code, or if you accept a discount or special-offer price during the Twistour checkout process, you may invalidate your discount or special-offer price by making any changes or amendments to your itinerary once your purchase is complete. The service provider may decide, at its sole discretion, to honor your discount or special-offer pricing if you make a post-purchase change or amendment to your itinerary. However Twistour reserves the right to invalidate your discount or special-offer pricing if you make any changes to your confirmed itinerary.

Occasionally our suppliers and/or service providers make changes to tour dates, prices, inclusions, coverage, age requirements, etc. As a result, Twistour reserves the right to cancel, change or substitute any service, tour, ticket or product that you have booked at Twistour.com or through Twistour-affiliated websites, at any time, for any reason.

In such cases, if you are dissatisfied with the alternatives offered, you are entitled to a full refund of the original purchase price.

Notwithstanding the above, when we are informed in advance by our agents, service providers and/or suppliers of a significant change to a booking and/or to a tour, product or event, we make every reasonable effort to notify the consumer, travel agent and/or distributor as appropriate, in order to amend or re-issue the booking where feasible.

Pricing & Inclusions/Exclusions

Prices listed on twistour.com are per person and in United States Dollar, unless otherwise specified. Prices are based on the local tariff at the time of quoting, converted at the prevailing foreign-exchange rate as determined by the tour provider.

Price quotations are subject to change without notice, until a booking has been confirmed. Unless otherwise specified, prices do not include any local taxes or use-fees, including foreign departure, security, port charges, park fees, customs, immigration, agricultural, passenger-facility charges or international transportation tax.

Prices do not include tips/gratuities to tour directors, drivers or local guides; passport and visa fees; baggage and personal insurance; any items of a personal nature; and any beverages or food not specifically listed under “Inclusions” on the product pages of twistour.com.

Payments & Cancellations

Twistour accepts the following credit cards: Mastercard, Visa and American Express as well as PayPal. There might be a payment processing fee based on your chosen payment method.

A deposit has to be paid in order to secure a reservation. The deposit payment will be listed as Twistour Ltd. on the credit or debit card statement. The remaining balance will be paid directly to Seller upon check-in. Payment methods to pay the balance will be shown during reservation process.

The voucher for your purchased service will be sent to you via email immediately after your reservation has been accepted by the supplier. The supplier has up to 48 hours to accept or refuse your reservation.

No refunds are available once a tour or service has commenced, or in respect of any package, accommodation, meals or any other services utilized.

Canceling a booking with Twistour can result in cancellation fees being applied by Twistour up to 10% of the total booking fee based on your chosen payment method.

Additional fees may be levied by the individual supplier/operator. When canceling any booking you will be notified via email or telephone of the total cancellation fees.

To cancel your order, contact Twistour at support@twistour.com or go to your Tickets submenu, open the reservation you wish to cancel and click on Cancel. Then confirm the cancellation.

The services listed on the website may have one of the following cancellation policies. You will find the cancellation policy of each service on the top of the site below the cover photo or at the bottom of the page above the reviews.

Flexible:
  • Full refund if cancelled at least 24 hours before the commencement of the activity, no refund after.
  • Full refund if cruise ship does not dock in time or does not dock at all and tour is missed.
  • Full refund if supplier cancels the tour.
  • If there is no specific check-in time then booking must be cancelled at least 24 hours before tour day.
  • No refund if you don’t show up for the activity or if it starts with a pick up and you miss it.
  • Supplier gets to decide if the weather is good enough to run the tour.
  • In case of a dispute, Twistour has the final word in deciding the amount of refund.
Moderate:
  • Full refund if cancelled at least 7 days before the commencement of the activity, no refund after.
  • Full refund if supplier cancels the tour.
  • Full refund if cruise ship does not dock in time or does not dock at all and tour is missed.
  • No refund if you don’t show up for the activity or if it starts with a pick up and you miss it.
  • Supplier gets to decide if the weather is good enough to run the tour.
  • In case of a dispute, Twistour has the final word in deciding the amount of refund.
Taxes and fees

All prices are final. The price you see during the check-out process is the amount that will be charged to your credit or debit card, or PayPal account. However, always read the whole description of the activity and see what the price includes or excludes under the additional information section.

The value of the transaction may be subject to taxes, foreign transaction, currency exchange or other fees. Your bank or credit or debit card company may convert the payment into the local currency and charge fees, resulting in differences between the amount displayed on Twistour.com and Twistour-affiliated websites, and the final amount charged to your bank account or credit or debit card statement. Please contact your bank or card company if you have any questions concerning any applicable conversion or fees.

Please note for bookings made in Brazil, the tax IOF (Tax Upon Financial Operations, 6.38%) is not included in the final booking value and will be charged to the credit or debit card used to make the purchase.

Refund process

In case your pending reservation is refused, you will be refunded immediately.

In case your accepted reservation is cancelled by the supplier or Twistour, you will be refunded within 2 business days.

In case you cancel your accepted reservation, you will be refunded based on the applicable cancellation policy within 2 business days.

Please note that it might take up to 15 business days for the refunded amount to show up on your statement.

Payment Processing

Under this agreement, the payment processing services for services purchased on this website are provided by Twistour Limited.

Vouchers

You will receive a personalized Voucher via email for each tour, event or service booked.

You must provide the original, authentic Voucher issued by Twistour to the appropriate service provider in order to redeem your tour, ticket, or product. Your reservation cannot be honored or redeemed without presenting a valid Voucher.

For security purposes, when redeeming your Voucher you must present a valid Photo ID and sign the Voucher. This is for identification purposes and helps us to prevent fraud.

In some cases Twistour also requires that you present the credit or debit card used to purchase your tour or ticket at the time of redemption. This generally applies only to attraction and show tickets. This helps us to prevent credit-card misuse. You will be advised at checkout whether or not you must present the credit or debit card used for booking. In some cases Twistour will waive this requirement, generally to facilitate gift purchases. However this requirement can only be waived by contacting Twistour once your booking has been confirmed, and any changes or amendments will be made at Twistour's sole discretion.

Please note that your Voucher(s) can be confiscated - and immediately canceled without refund - if your signature and/or name do not match those shown on either your credit or debit card or Gift Certificate.

Passports, Visas & Insurance

It is the responsibility of all passengers, regardless of nationality and destination, to check with the consulate of the country they are visiting for current entry requirements.

As visa and health requirements are subject to change without notice, we recommend that you verify health and visa requirements with the appropriate consulate prior to departure.

We strongly recommend that you purchase a comprehensive Travel Insurance Policy prior to departure.

Restrictions on Use

You agree that you will not, and will not assist or enable others to:
  • use the site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user's use of the site;
  • use the site to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
  • use the site in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting reviews;
  • use the site to promote bigotry or discrimination against protected classes;
  • use the site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
  • use the site to submit or transmit pornography or illegal content;
  • use the site to solicit personal information from minors or to harm or threaten to cause harm to minors;
  • use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the site or any site Content;
  • attempt to gain unauthorized access to the site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses"); use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; make excessive traffic demands; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the site or site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
Account Termination

We may terminate or suspend your account or ability to use the Site, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. Any such termination or suspension could prevent you from accessing your account, the Site, your Content, your Products and Services, Site Content, or any other related information.

You may terminate the Terms and Services at any time by closing your account and discontinuing your use of any and all parts of the Site. If you close your account, we may continue to display your previously published Content and are under no obligation to remove any of your Content.

Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TWISTOUR NOR ANY PERSON ASSOCIATED WITH TWISTOUR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL TWISTOUR, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.