TERMS AND CONDITIONS

Welcome to Discover Costa de la Luz!

1. Introduction.

These Terms and Conditions, as may be modified and amended from time to time, sets forth the legally binding agreement by and between:
(a) (“Discoverd Costa de la Luz”, “We”, “us” or “our”); and
(b) a person or entity (“You”) that enters and uses the ToursByLocals’ marketplace platform accessible via the www.discovercostadelaluz.com website and subdomains (the “Site”) to search for and/or book sightseeing tours and activities and other related services (the “Tours”), and/or participates in tours booked through Discoverd Costa de la Luz and/or the Site.

2. Acceptance of These Terms and Conditions.

You hereby represent and warrant that:
(a) You have read, understand, and agree to comply with and be bound by these Terms and Conditions;
(b) You are an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country in which You are established;
(c) You are able to enter into legally binding contracts;
(d) You are not forbidden by ToursByLocals to access and/or use the Site; and
(e) If you take additional participants to your Tour, You agree and warrant that the participants, or their legal guardians, have read and agreed to these Terms and Conditions, including, but not limited to, the Acceptance or Risk and Waiver Liability, Disclaimer, Limitation of Liability and Your Liability and Indemnification sections, which apply to all participants, as if the term “You” was a reference to the participants.
If You do not agree to be bound by these Terms and Conditions, You may not access and/or use the Site, and should not participate in a Tour.
These Terms and Conditions should be read together with the Cancellation Policy and Privacy Policy, as they are incorporated by reference into these Terms and Conditions.

3. Scope of Discoverd Costa de la Luz Services.

We operate ours Tours, and You to search and book Tours, post reviews and process payments.
You may search for Tours. Once You decide on a specific Tour, You may connect and conclude contracts directly with the Guides and through the Site.
We are constantly updating our Site and its functionalities. Therefore, We may modify and/or delete any functionality on the Site and/or introduce new ones from time to time.

5. Booking.

The Site lists many Tours uploaded by different Guides, each Tour containing a description of the characteristics and items included, such as description and itinerary (“Tour Terms”). You may send a message to the Guide with any inquiry about a certain Tour or to request a customized Tour. You may also choose to make a booking request to a Guide for a particular Tour by clicking the “Book Now” button, or any other button as may be modified. All Tours are invitations to You to make an offer to a Guide, except for the last-minute bookings (“Instant Bookings”) which may be booked automatically without a Guide’s acceptance. Once the Guide accepts and confirms your booking request, there is a binding contract between You and the Guide. The Guides are free to accept or reject your booking requests.
You shall review the Tour Terms before making a booking request to a Guide. Once your booking request is accepted by the Guide, You will be bound by the Tour Terms. These Terms and Conditions will prevail over the Tour Terms with respect to your relationship with ToursByLocals.
You understand and agree that due to the ongoing disruptions related to the Covid-19 pandemic the Tours itineraries may be subject to changes that are out of the control of the Guide. You agree that only changes that substantially impact the Tour itinerary will entitle You to cancel such Tour without cost.

7. Payment.

All the Guides set up their own Tour prices, which fully compensate the Guides for their services. The Guides may change the Tour prices without prior notice until a booking has been made. Tour Prices include all taxes.
You will ensure that any and all payments to the Guides are processed through the Site, or such other means as ToursByLocals may determine.
You will make payment of bookings by credit card or other form of payment available through the Site. We do not store credit card information. ToursByLocals uses a third party service to process your payment information for all transactions made through ToursByLocals. You authorize ToursByLocals and its payment service partners to process your payments. These payment processing services are governed by the terms and conditions of those third party services and will apply to the payments You make through their system.
Each Tour is displayed in its default currency. You may choose to pay for a Tour in other currencies available on the Site. You may select another currency when You search for Tours or make a booking request. Once You book a Tour, the Tour Price is fixed in such currency, even if exchange rates fluctuate between the time You book and the time You take your Tour. The exchange rates that the Site uses to convert Tour prices are set based on currency information services companies, such as Oanda.com, plus a ToursByLocals commission. Your bank or credit card company may apply different commissions and charges when selecting a currency other than your local currency.

8. Your Reviews.

You may have access to post Guides’ ratings and reviews (“Reviews”) and the Guides may respond to such Reviews. By uploading, posting or otherwise making available your Reviews on or through the Site, You:
(a) Grant to Us a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to your Reviews to access, use, reproduce, display, perform, adapt, create derivative works, modify, distribute, and promote your Reviews in any form, anywhere, in connection with ToursByLocals’ business, without your prior approval and/or notification. This license shall survive termination of your Traveler’s Account on the Site.
(b) Warrant and represent that You own or otherwise control all of the rights to your Reviews and that use of your Reviews by ToursByLocals does not violate the rights of any third party;
(c) In the event that your Reviews provided by You to ToursByLocals violates the rights of a third party, You agree to indemnify ToursByLocals against any losses and liabilities that may result from the action of such third party against ToursByLocals;
(d) Understand that other users of the Site will access your Reviews.
You will not upload, publish, and/or send any Review that: (i) is fraudulent, false, or misleading; (ii) is defamatory, obscene, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any Guide and/or user; (iv) promotes illegal or harmful activities, or (v) includes contact details.
We reserve the right to remove or modify, without prior notice, any Reviews alleged to infringe any intellectual property rights, or that violate these Terms and Conditions, and/or unpublish any Tours containing such Reviews.
Reviews reflect the opinions of the users of the Site and do not reflect the opinion of ToursByLocals. ToursByLocals may verify Reviews for accuracy but does not warrant they are correct or accurate. ToursByLocals shall have no liability for Reviews or for any claims resulting from such Reviews.

9. Cancellation Policy.

You agree with the terms of the Cancellation Policy and understand that any cancellation by You or by a Guide, and any related refund, will be processed in accordance with the Cancellation Policy in force at the time of your booking.
ToursByLocals may cancel any booking, in its sole discretion, if We believe in good faith that such cancellation is necessary to prevent or reduce any damages to any user of the Site and/or to ToursByLocals, or if the Guide’s Account is canceled or suspended. We will reimburse and/or refund You and/or the Guide in accordance with the reasons for cancellation and with the Cancellation Policy. We will share the contact details between You and the Guide if the Guide’s Account is canceled and You may choose to continue with your booking outside our Site.
Refunds will be sent back to the original payment method used in making the booking. Depending on the bank’s processing time, it can take 10 business days for the refunds to reflect in your bank account or card balance.
ToursByLocals and the Guides are not responsible for any incidental expenses You and/or any other participant may have directly or indirectly incurred as a result of the booking of a Tour. These expenses include, but are not limited to, the cost of visas, accommodation, vehicle rental, vaccinations, flights and/or loss of enjoyment.

10. “No One Left Behind” Shore Excursion Policy.

Our Site allows You to search and book shore excursion Tours, which are identified and marked as a shore excursion tour type on the Site (“Shore Excursions”). In the unlikely event that You miss your ship after a Shore Excursion, ToursByLocals will arrange overnight accommodation and transportation to the next feasible port-of-call.
ToursByLocals will not cover overnight accommodation and transportation to the next feasible port-of-call if You miss the ship due to preventable reasons within your control, for example, if You deviate from the agreed-upon itinerary, become ill, get arrested, or provided wrong ship departure information.

You shall not make any arrangements for accommodation and/or transportation on your own. You will contact ToursByLocals to arrange your accommodation and transportation.

11. Rules of the Site.

You agree to the following provisions:
(a) Use of the Site. The Site shall be used for the purposes indicated herein and not for any illegal or unauthorized purposes. You may not use the Site to recruit, solicit, or contact Guides for business offers. Also, You may not use the Site to engage in harassing, stalking or any other inappropriate conducts.
(b) Contact Details. You agree not to give any personal contact details including full name, phone number, email, and/or social networks to the Guides before they accept a booking request.
(c) Communication with the Guides. You agree that all communications with the Guides and prior to the Tour will occur through the Site. ToursByLocals also handles customer service through telephone and email. ToursByLocals reserves the right to monitor communications between You and the Guides and review and edit those communications in case they do not comply with these Terms and Conditions (like containing contact details or including offensive language). You are solely responsible for, and shall exercise caution and judgment, in using the Site and disclosing personal information to the Guides.
(d) Communication with Us. You agree that Discoverd Costa de la Luz may contact You via email, text messages, calls, and automated calls, to the phone number and email addresses You provide or otherwise provided to Us, to communicate to You, including but not limited to, any updates, changes, and/or important information related to any bookings.
(e) Guides’ Information. You agree that You will not use the Guide’s information for any purpose other than to participate in a Tour or in connection to other services contracted through the Site.
(f) Customer Disputes. You agree to work in good faith with ToursByLocals to address any customer disputes or complaints. If there are any issues that cannot be resolved directly with the Guide, You may contact ToursByLocals and we will attempt to help resolve the issue. We do not control the performance of the Guides nor their services and We do not guarantee to be able to resolve any given dispute.
(g) Purchase of Goods During a Tour. You should exercise caution if you purchase any goods during a Tour. ToursByLocals does not design any Tour, is not aware of any goods available for purchase during a Tour and does not make any claims about the quality, source or other provenance of any goods which may be available for purchase during a Tour.
(h) Unauthorized Access to the Site: You will not use the Site and/or participate in a Tour in any manner that could damage, disable, overburden or impair the functioning of the Site, use data mining or any other method to extract data, apply reverse engineering, or access areas of the Site which You are not authorized to access.
(i) Surveys. You agree that by submitting any ideas, suggestions, and/or opinions (“Opinions”) to Us through our surveys and/or any other alternative means You represent and warrant that you have all rights necessary to submit your Opinions and You hereby grant to ToursByLocals a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to access, use, reproduce, display, perform, adapt, and distribute your Opinion in any form, anywhere, in connection with ToursByLocals’ business, without your prior approval and/or notification. This license shall survive termination of your Traveler’s Account on the Site.
(j) Links to other websites. The Site may contain links to third-party websites which are subject to different terms and conditions. We are not liable for, nor endorse, the content and/or services available through those websites. We recommend that You read and get familiarized with the terms and conditions of such websites.

12. Amendments to the Terms.

Discoverd Costa de la Luz may modify these Terms and Conditions from time to time in its sole discretion. If we make changes to these Terms and Conditions, we will post the updated Terms and Conditions on the Site. If You continue accessing the Site and participating in a Tour, then You are deemed to have accepted the amended Terms and Conditions. If You do not agree to the amended Terms and Conditions, You will terminate these Terms and Conditions before the date they become effective, and will stop accessing the Site and will not participate in any Tour.

13. Term and Termination.

These Terms and Conditions will become effective immediately upon your use of the Site and/or your participation in a Tour and shall remain effective unless terminated by either party as provided hereunder.
You may terminate these Terms and Conditions at any time by sending us an email, which shall be effective immediately upon delivery of such notice. If You terminate these Terms and Conditions, your account will be automatically canceled, all bookings from You will be canceled and any refund and/or payment to the Guide will be made in accordance with the Cancellation Policy.
Discoverd Costa de la Luz may terminate these Terms and Conditions for convenience at any time by sending You an email to your registered email address, which shall be effective immediately upon delivery of such notice. If We terminate these Terms and Conditions, We may cancel any of your bookings and refund You the amounts previously paid for those bookings. You will not be entitled to any compensation for termination and/or canceled bookings.
ToursByLocals may, at its sole discretion and without notice, terminate these Terms and Conditions at any time, and/or cancel or limit your access to your account if You have materially breached any obligation under these Terms and Conditions.
When these Terms and Conditions have been terminated, You are not entitled to a restoration of your account and, if terminated by ToursByLocals, You shall not apply for a new account or access and use the Site through another account.
In the event of termination or expiration, the following sections shall survive: Acceptance of Risk and Waiver of Liability, Disclaimer, Limitation of Liability; Your Responsibility and Indemnification, Term and Termination; and General Provisions.

14. General Provisions.

(a) Waiver. Failure by ToursByLocals to enforce any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.
(b) Governing Law. The Site is operated by Discoverd Costa de la Luz a Spanish corporation. These Terms and Conditions, and all other aspects of the use of the Site, shall be governed by and construed in accordance with the laws of the Province of Spain.
(c) Entire Agreement. Except for any additional terms included in the Site, these Terms and Conditions constitute the entire agreement between You and ToursByLocals with respect to the subject matter of these Terms and Conditions.
(d) Severability. If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain valid and enforceable to the fullest extent possible and shall remain in full force and effect.
(e) Successors. These Terms and Conditions shall be binding on You and ToursByLocals, and their successors and assigns.
(f) Notice. Any notice or other communication to be given hereunder will be in writing or electronic mail to any of the following addresses: to the Company: Suite 500 – 1112 West Pender St. V6E 2S1 Vancouver, British Columbia, Canada and discovercostadelaluz@gmail.com; and to You: to the address and email listed in your Traveler’s Account.