The Tourisma Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Partners” and the services they offer are “Partner Services”) to publish such Partner Services on the Tourisma Platform (“Listings”) and to communicate and transact with Members that are seeking to book such Partner Services (Members using Partner Services are “Guests”). Partner Services may include the offering of vacation or other properties for use (“Lodgings”), single or multi-day activities in various categories (“Attraction & Thrillers”), access to unique events, guided/advenure trips and locations (“Trips”), and a variety of other travel and non-travel related services.
Partners alone are responsible for their Listings and Partner Services. When Members make or accept a booking, they are entering into a contract directly with each other. Tourisma is not and does not become a party to or other participant in any contractual relationship between Members, nor is Tourisma a real estate broker, insurer or agency. Tourisma is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.
While we may help facilitate the resolution of disputes, Tourisma has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Partner Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Tourisma does not endorse any Member, Listing or Partner Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Tourisma about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to stay in an Lodgings, participate in an Attraction & Thriller or Trip or use other Partner Services, accept a booking request from a Guest, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Tourisma of any Partner or Listing.
Due to the nature of the Internet, Tourisma cannot guarantee the continuous and uninterrupted availability and accessibility of the Tourisma Platform. Tourisma may restrict the availability of the Tourisma Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Tourisma Platform. Tourisma may improve, enhance and modify the Tourisma Platform and introduce new Tourisma Services from time to time.
Terms & Conditions
If you choose to use the Tourisma Platform as a Partner or Co-Partner (as defined below), your relationship with Tourisma is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Tourisma for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Tourisma. Tourisma does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Partner Services. You acknowledge and agree that you have complete discretion whether to list Partner Services or otherwise engage in other business or employment activities.
To promote the Tourisma Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements.>
Modification of these Terms:
Tourisma reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Tourisma Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Tourisma Platform will constitute acceptance of the revised Terms.
Tourisma may charge fees to Patner ("Partner Fees") and/or Guests ("Guest Fees") (collectively, "Service Fees") in consideration for the use of the Tourisma Platform.
Any applicable Service Fees (including any applicable Taxes) will be displayed to a Partner or Guest prior to publishing or booking a Listing. Tourisma reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.
You are responsible for paying any Service Fees that you owe to Tourisma. The applicable Service Fees (including any applicable Taxes) are collected by Tourisma Payments. Tourisma Payments will deduct any Partner Fees from the Listing Fee before remitting the payout to the Partner. Any Guest Fees are included in the Total Fees collected by Tourisma Payments. Except as otherwise provided on the Tourisma Platform, Service Fees are non-refundable.
Terms for Listing Attractions & Thrilles, Lodgings and other Partner Services
To list an Attraction/Thriller, Lodging or other Partner Service, you must create a Listing and submit the Attraction/Thriller, Lodging or Partner Service to Tourisma. Attraction/Thriller, Lodging or other Partner Services must at all times meet the quality standards. Tourisma reserves the right to decide, in its sole discretion, whether a submitted Attraction/Thriller, Lodging or other Partner Service will be published on the Tourisma Platform. Once published, an Attraction/Thriller, Lodging or other Partner Service may be removed pursuant to the removal provisions below or pursuant to any applicable removal provision in the Tourisma Terms of Service.
Listers or other Partner must, where applicable, fully educate and inform Guests about (i) any risks inherent to the Attraction/Thriller, Lodging or other Partner Service, (ii) any requirements for participation, such as the minimum age, related skills, level of fitness or other requirements, and (iii) anything else they may need to know to safely participate in the Attraction/Thriller, Lodging or other Partner Service (including dress codes, equipment, special certifications or licenses, etc.).
If any provision or part of a provision in these terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.