Terms & Conditions
“Profile” means the account associated with your NAME on the web site.
“Guest” means a client that purchases photographic Services through the Website.
“Captourist”, “we”, “our”, “company” or “the company” or “us”
“Booking request” means a booking made by the guest on the website captourist.com
“Captourer” means a professional photographer that provides services or identifies as a photographer through Captourist.
Overview
The following are the Terms and Conditions (T&C) that apply to you as a USER of CAPTOURIST. By accepting working with CAPTOURIST, you agree unequivocally to the T&C below. CAPTOURIST, also reserves the right to change, amend in part or in whole, these T&C. As a result, the terms applicable in the future may vary from those applicable in this instance. At no time is CAPTOURIST obliged to inform you of these changes.
Please read the Terms of Service carefully before you start. By using the Site or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy. If you do not want to agree to these Terms of Service 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 herein.
This Site is offered and available to professional photographers. By using this Site, you represent and warrant that you are of legal age to form a binding contract 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.
Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request to [email protected]
Captourist offers an internet-based service through its website, www.captourist.com (henceforth to be referred to as the “Site”) that allows travelers to book a photo tour in several cities around the world by selecting a local photographer from the Captourist team called Captourer.
Captourist Services
The Website helps the Customer to find travel products and to make the necessary reservations, and acts as an interface in the transactions involved with the Suppliers. The Customer must be at least 18 years old, be legally authorized to enter into contractual obligations, have the requisite consent or authority to act for or on behalf of any persons included in a booking and must use the Website in accordance with these General Terms and Conditions and the Website Terms of Use.
The Customer is responsible for his / her activities on the Website (financially or otherwise), including the possible use of his / her user name and password. The Customer guarantees that the information entered by him / her on the Website in relation to him / her and, if applicable, his / her travelling companions is accurate.
Any use of the Website that is fraudulent or is in conflict with these General Terms and Conditions shall be reason for refusing the Customer access to the Services offered by Expedia and the Suppliers or to the other functionalities of the Website.
Captourist Platform is an online marketplace that enables registered users (“Captourers”) who offer photographic photo tours services) to publish such with a Captourer profile on Captourist Platform (“profile”). Captourist Services may include the offering of vacation travel services.
Captourist acts as an agent between you and independent Photographers at destinations around the world. That agency is a limited agency, limited to the terms of this Agreement. We do not have an employment relationship with the Photographers. All Photographers are independent contractors and the contract is formed between you and the Photographer
You are able to browse online Photographer portfolio samples on our website before making an online booking using our online booking form. On submitting the form you need to wait a confirmation mail from our staff and then you will be directed to a payment platform to complete payment for the selected photo tour package. Until payment is confirmed as cleared and undisputed in our account, we have no contract with you.
Following receipt of your payment, we will connect with the freelance Photographer at your selected destination and coordinate the best match between you and a Photographer based on your expressed preferences and Photographer availabilities.
Captourist does not guarantee, or provide any warranty or undertaking, that you will be appointed the Photographer you prefer. Further, Captourist reserves the right to change your appointed Photographer at any time prior to the Photo Tour. Captourist will not be liable for any reliance or expectation by you on the services of any particular Photographer featured on the Captourist website.
We will provide you with a confirmation of booking and relevant details within seven 5 days of your booking. This confirmation will provide you with information including the confirmed date and time of your photo tour, the contact details of your assigned Photographer, and a suggested meeting place.
We understand unpredictable things can happen, that’s why we suggest arriving early or even before the shoot (have a drink nearby and get the opportunity to relax, don’t get stressed before your shooting session. If you are delayed, please text or call your photographer. If you arrive late, keep in mind your photographer may have another shoot booked right after, and it’s unlikely your shoot can be extended (although it’s always possible, so please ask!).
If you arrive late for your session, any time that has passed from your original start time will be forfeited, and you may shoot for the remainder of the time you have booked.
During your photo tour, you have the option to extend the length of the package. On communicating this preference to your assigned Photographer, you will be required to pay for the extra time required before receiving your photos. The payment may be done in this way:
On the Website within 24 hours of the Photo Shoot.
Following the photo tour with the assigned Photographer, the Photographer will select a number of unique images, with their amount to be determined by the photographic package chosen at the time of booking, or in the case of time extensions, by the final package chosen and paid for.
The Photographer may professionally retouch the selected photos according to his or her professional judgment and skill, and will upload them to an independent server nominated by Captourist.
On receiving notice from the Photographer that the completed photos have been uploaded to the server, Captourist will forward you with a private link that you may use to access and share your photos. This link will enable you to download the full digital versions of your selected photos.
The link provided by Captourist can be shared with others, including but not limited to on social media networks.
If you choose to share the link with others publicly, privately or on social media networks, other people may see or download your photos.
Captourist is not responsible in any way for the protection of the links to your photos.
Captourist accepts no liability for the consequences of any breaches of privacy that may occur in respect of others accessing your private link.
Refund Policy
We are here to capture your memorable moments. Satisfaction guaranteed. If you are not pleased with your photo tour or the pictures, just contact our customer support team and we will reschedule you for another photo tour or refund you your money with our conditions of refund. While we hope it will not come to that, we will make it as painless as possible. To be eligible for a refund, you have to request a refund: 7 days before the photo tour date, within 24 hours after you´ve received your pictures.
Conditions of Refund:
We will consider offering a 90% refund or a substitute Photo Tour to you if you communicate your cancellation to Captourist in writing more than 7 days before the shoot.
We will consider offering a 50% refund of the booking fee if you communicate your cancellation to Captourist in writing up to 48 hours before the shoot. No substitute will be given.
If you communicate your cancellation to Captourist in writing less than 48 hours before a photo tour, or do not communicate your cancellation to Captourist at all, no refund or substitute will be given.
Any refunds will be processed back to the purchaser only and will be net of any transaction fees or taxes etc.
Prices
All prices indicated on the Website are expressed in US DLLS ($). PayPal or other payment services provides an automatic foreign currency conversion at the time that you pay the Captourist booking fee. The prices charged by PayPal may vary according to changes in the foreign exchange rates. We have no control over the foreign exchange rates set by financial institutions and bear no responsibility for the foreign exchange conversion used by PayPal.
All prices are correct at time of publication. However, we reserve the right to alter prices for any reason without notice.
Availability of Photographers
All photo tour bookings are offered subject to the availability of Photographers. To secure a photo tour, bookings should be made at least 5 days in advance. If you would like to book during peak times (such as weekends or holidays), you should book further in advance.
Bookings are not finalized until you have received the email entitled “Confirmation of your booking” containing details of your assigned Photographer, his or her contact details, the photo tour location and meet-up location.
The dates you indicate at the time of making your online booking are guidelines only. While we will do our best to accommodate your first or second preferences in arranging your photo tour, there are always events outside our control which will require us to communicate further with you in arranging a different suitable time for both you and your assigned Photographer.
We make no guarantees about the availability of any particular Photographer for your Photo Tour and reserve the right to choose the most appropriate Photographer for your circumstances.
If we are unable to arrange a time and date that is suitable for both you and a Photographer, we will issue a full and immediate refund of the amount paid at booking, excluding any transaction or conversion fees.
Contact Details
It is your responsibility to ensure that you enter your email address and other contact details correctly when you complete the photo tour booking process on Captourist website. Failure to do so may result in loss or incorrect delivery of the email confirmation of your experience.
If you do not receive a confirmation email within an hour after booking, please contact us at [email protected] to ensure that we have your correct contact details.
The Weather
There is no bad weather for shooting photographs and capturing great moments. However, if we can not guarantee our standard level due to the weather we will reschedule the shooting. We have no control over weather conditions. Captourist photo tours may be conducted at all times of year and in all weather conditions. A Captourist photo tour is not refundable because of bad weather. However, the Photographer may, in his or her sole unfettered discretion, vary the photo tour location in order to better capture your photos taking the weather into account.
Complaints or Problems During Your Experience
If you have a problem or a complaint on the day of your photo tour, please bring this to the Photographer’s attention immediately so that issues may be addressed on the spot, where possible.
If you remain dissatisfied with your Captourist experience, please contact us at [email protected] and we will do our best to resolve the issue.
Insurance
By booking a photo session with Captourist you waive or give up certain legal rights, including the right to sue of claim compensation following an accident, now or in the future. You agree to waive any and all claims, and release Captourist and the photographer from all liability and agree not to sue Captourist and the photographer, which can be a company, for any personal injury, death, property damage or other loss that I sustain during or as a result of a Captourist photo tour. You as a client, hereby agree as follows:
- To waive all claims that I have or may in the future have against Captourist and the photographers, and to release Captourist and the photographers from any and all liability for any loss, damage, expense or injury including death that I may suffer or that my next of kin may suffer as a result of my participation in Captourist photo sessions, due to any cause whatsoever, including negligence, breach of contract, or breach of any statutory or other duty of care on the part of Captourist and/or the photographer.
- To hold harmless Captourist and the photographers from any and all liability for any property damages or personal injuries to any third party resulting from my participations photographic activities or related activities to the photo tour, which might include walking, hiking, climbing, getting on a boat, or other activities that are related to the photo shoot;
Descriptions of Photo Tour Locations
Captourist tries to ensure that our promotional information is accurate and up-to-date. However, the content, format, physical characteristics or attributes of some photo tour locations may change from time to time. The Photographer (upon confirmation of each booking) will provide the final details about each photo tour and will notify you of any subsequent changes.
Captourist makes no warranties or guarantees in relation to the physical characteristics or otherwise of the photo tour locations, and accepts no liability in relation to any reliance placed on information provided by the Website. You should make your own enquiries about the suitability of the physical characteristics of the shoot location/s.
The photographs used on our website are sample photographs, used for illustrative purposes only. They should be used only as a guide to the types of photographs you may expect to receive after completion of your photo tour and do not represent a warranty or guarantee of the final quality or nature of your photos, or the work of a specific Photographer. Captourist has no control over the final quality and nature of the photos.
Captourist Photographers are located in many locations around the world and cover a wide geographical area. The description given to cities and neighborhoods are indicative only. Photo tours may not be available in every location in every area.
Photo Tour Session Length
Photo tour session lengths are approximate and are a guide to the total time you will be photographed by your Photographer. Unless otherwise stated, there may be waiting time or delays involved. Any itinerary provided to you is indicative only and the order of events may change. You may consider keeping in touch with your Photographer in advance to determine the possibility of any delays.
Additional Fees
Our photographers are local photographers in the city where you will do the photo tour. Therefore, there are no travel or accommodation expenses. However, if you want your photo tour to happen on remote places that are more than 1 hour outside of the city center, there might be an additional charge. Please check with our support team prior to your booking.
Entrance fees to such places like museums, parks, restaurants, theme parks, etc. are not included in the packages. Should there be an entrance fee, you will have to pay for the entrance fee for the photographer.
Captourist reserves the right to charge such extra fees as applicable, and will communicate them to you at the time of confirmation of booking.
Promotional Offers
If you have a promotional code, it should be entered at the final payment screen where prompted.
By redeeming any of Captourist´s promotional discounts, promotional codes or special offers, you agree to accept and comply with all of the following terms and conditions of use.
If you have been provided a valid promotional code, you must enter it into the designated field in the shopping cart. Otherwise, your discount will not be applied.
Promotional discounts, promotional codes and special offers must be used before the designated expiration date. No extensions will be allowed under any circumstances.
Unless otherwise specified, promotional discounts, promotional codes and special offers may only be used once per person, and must be used at the time of checkout.
Only one promotion may be used per booking.
Captourist reserves the right to verify the validity of promotional codes, promotional discounts or special offers at any time. Captourist also reserves the right to remove any promotional codes, discounts or special offers without notice at any time.
Captourist Gift Cards
The Gift Card terms and conditions are between you, the recipient of Gift Card, and the merchant that issues and redeems this Gift Card Captourist. By purchasing, accepting or using a Gift Card, you agree to be bound by these terms and conditions.
In order to redeem your Gift Card you must have a PayPal account or an active credit card.
Your Gift Card can be used solely to pay for photo tours sold on Captourist’s website. To redeem the value associated with your Gift Card, you will be required to provide your Gift Card code during the checkout process.
You cannot redeem a Gift Card at any other merchant or for cash.
You can only redeem a Gift Card at the Website.
If the amount of your order exceeds the value remaining on the Gift Card, you will be required to pay for the balance using PayPal or your credit card.
You may use more than one Gift Card at a time.
For security purposes, you may be required to enter credit card or bank account information before you can redeem the Gift Card.
No fees will be charged in connection with your Gift Card.. Recipient Cancellations: Gift Card recipients can cancel their Gift Card within 60 days of the purchase date and have funds refunded to the purchaser. Gift Card recipients cannot redeem the Gift Card for cash.
Purchaser Cancellations: The purchaser will have 60 days from the date of purchase to cancel the Gift Card and receive a full refund, provided the Gift Card has not been redeemed.
Merchant Cancellations: Gift Cards are issued by Captourist. Captourist may cancel a Gift Card at any time for any reason and shall refund any unused Gift Card value to purchaser, provided the Gift Card has not been redeemed.
Refunds: Refunds on Gift Cards that were purchased using a credit/debit card will have the face value credited to that credit/debit card. Refunds on Gift Cards that were not purchased using a credit/debit card will be placed into the purchaser’s PayPal account.
Expiration: Captourist Gift Cards expire after one year.
Email Delivery: Gift Cards that have a scheduled future email delivery date are sent at approximately 9:00 am Central European Time Zone on the day of the scheduled delivery.
Your Gift Card is non-transferable and its resale is prohibited.
Your Gift Card cannot be redeemed for cash and has no cash value.
Your Gift Card cannot be used to purchase other Captourist Gift Cards offered through PayPal.
Neither Captourist nor PayPal is responsible for lost, stolen, or misused Gift Card codes unless otherwise required by law.
Purchase and redemption of Captourist Gift Cards is subject to the PayPal User Agreement.
Photographer Liability
Captourist markets the services of Photographers around the world and acts as an agent in selling and organizing photo tours for you.
Captourist is not a provider of photographic services and does not control the business operations of any Photographer. Your assigned Photographer provides services directly to you, the customer. The contract for services that arises by virtue of you booking through Captourist is between you and the Photographer.
Captourist makes no warranties or guarantees regarding the standard of any service to be provided to you by the Photographer.
The Photographer shall be fully responsible for any and all loss, injuries, illness, damages, claims, liabilities and costs suffered by you or any third party associated with you, caused in whole or in part by the Photographer or his or her products and services.
Whether you choose to attend the photo tour is within your sole control and at your sole discretion.
Third Party Liability
By purchasing a product through any of our Third-Party suppliers, including the purchase of prints and merchandise, that Third Party supplier shall be fully responsible for any and all loss, injuries, illness, damages, claims, liabilities and costs suffered you or any third party associated with you, caused in whole or in part by the Third Party or its products and services.
Captourist’s Liability
You accept that Captourist accepts no liability for any loss or damage to you occasioned by any act, omission or default, whether negligent or otherwise. You also accept that it will not be liable for any loss or damage by any act, omission or default, whether negligent or otherwise, of any employee, agent, Photographer or Third Party.
You have certain rights under the law. Nothing in this Agreement is intended to affect those statutory rights.
If we breach this Agreement we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach, up to a maximum value of the photo tour booking fee paid by you on the Captourist Website.
Losses are foreseeable where they could be contemplated by you and us at the time of entering into this Agreement. We are not responsible for, however it arises:
Losses not caused by our breach;
Indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into this Agreement, for example loss of profits or loss of opportunity;
Revenue, profits, loss of business;
Content posted by ourselves or other users;
Contracts entered into with third parties;
Loss of data;
Loss of goodwill;
Computer malfunction or failure;
Business or commercial losses caused to non-consumers; or
Failure to provide Captourist Services or to meet any of our obligations under this Agreement where such failure is due to Events Beyond Our Control. “Events Beyond Our Control” means any cause beyond our reasonable control which prevents us from providing Captourist Services or fulfilling any of our other obligations under this Agreement and includes but is not limited to disruptions to the internet, fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God.
Disclaimer
We provide Captourist, the Website and Services “as is”, “with all faults” and “as available.” We make no express warranties, promises or guarantees about Captourist, the Website or Services. To the maximum extent permitted by law, we disclaim any implied contractual promises that Captourist, its Website and its Services are of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing.
We do not warrant, promise or guarantee that Captourist, its Website and Services will meet your requirements, are error-free, without interruption or available at all times.
We do not warrant, promise or guarantee that the results that may be obtained from the use of Captourist and its Website, including any Services or promotions, will be effective, reliable, accurate or meet your requirements.
We make no promises as to privacy and security other than as expressly stated in our Privacy Policy.
We do not promise or guarantee that you will be able to access or use Captourist, its Website or Services at times or locations of your choosing.
No oral or written information or advice given by our representatives shall create any contractual promise.
You may have additional consumer rights under your local laws that this contract cannot change.
Indemnity
You acknowledge that:
To the full extent permitted by law all express and implied terms, conditions and warranties other than the ones set out in these terms are excluded.
We are not liable for any death or injury to any person, or loss or damage to property or person arising from:
(a) The possession, operation or use of Captourist’s Website or Services. For avoidance of any doubt, this includes any content posted on the Captourist website, the Photographer’s website, or subsequently found and/or published by third party websites or search engines;
(b) Your attendance at the Photo Tour or travel to or from the Photo Tour;
(c) Any act or omission (including negligent acts or omissions) of us, our employees, agents, Photographers and Third Parties.
You will indemnify us against any claims made against us by any third party concerning death, injury, loss or damage.
You will indemnify us and compensate us against all losses, expenses and other costs we may incur due to your failure to observe your obligations under this Agreement.
This paragraph in its entirety will survive the termination or expiry of this Agreement and your use of the Website or Services.
Reservation of Rights and Release
We reserve the right, but have no obligation, to monitor or take any action we deem appropriate regarding disputes that you may have with Photographers or Third Parties. To the extent the law permits, you waive and release us from any and all claims or liability from any and all claims related to the conduct of Photographers or Third Parties.
Intellectual Property
You agree that you do not hold copyright or intellectual property rights of any kind in the images that you commission from the Photographer. You additionally acknowledge and agree that you do not have right, title or interest in any intellectual property rights of any kind related to Captourist, the Website, and its Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of this Agreement, except for the limited right to use Captourist in accordance with this Agreement. “Captourist” is our trademark. Other product and company names that are mentioned on Captourist or provided as part of the Website or Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement.
The content on the Captourist, excluding all intellectual property of other sites obtained by way of API and/or linking and content posted by our customers, is owned by us. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein (“Marks”). The Marks are owned or licensed to us, subject to copyright and other intellectual property rights under the law of Spain, the law of the jurisdiction where you reside, and international conventions. Content provided by the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted by this Agreement in and to the Website and its services.
You accept that Captourist and Photographers may reproduce, distribute and publicly display your photographs in any form or medium, including on third party websites and search engines, whether now known or later developed, for the purpose of promoting and marketing Captourist services and/or your Photographer’s services, and that this right is perpetual, non-exclusive, royalty-free, fully paid and applies world-wide. If you have any rights to the content that cannot be licensed to Captourist or your Photographer (such as moral rights), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against Captourist, your Photographer, or related to our customers and partners anywhere in the world, with respect to such rights.
You have the right to revoke the rights described above by communicating to us in writing of your desire to do so prior to the photo tour, or at any time thereafter.
Captourist, its employees, officers, Photographers and Third Parties will not be liable for any damages occasioned by the application of paragraph above prior to you revoking it. For absolute clarity, this includes any damages that may arise after paragraph is revoked that were a consequence of the application of paragraph prior to its revocation.
The photographs created by Photographers, as well as the text and photographs used by Captourist on the Website and elsewhere are protected by copyright and must not be copied in whole or in part without the express permission of Captourist.
Copyright Notice
The copyright holder (the Photographer and Captourist) grants you a license to certain rights of copyright in each of the photos you receive via the Website and affiliate websites. Under this license you are authorized to do the following things, and no other things, to the image (a reference to “image” means part or all of the image):
Make copies of the image.
Distribute copies of the image.
Use the image or part of the image to make derivative works.
The rights granted at paragraph 24.1 above are strictly on the following conditions:
You exercise these rights only for personal and non-commercial purposes – including that the image is not to be used as a trademark and derivative works must not be commercially exploited.
You do not make electronic copies accessible to any other persons – including as an extractable part of any electronic file (for example, a Word document).
You always attribute any electronic copy of the whole image as follows: “[Photographer’s name], used under license”; and any derivative work must include that attribution.
You take reasonable steps to protect the image from data corruption;
You do not use the work in a derogatory way.
You do not otherwise infringe the copyright of the image.
This license is free, worldwide, ongoing, revocable, non-exclusive, non-sub-licensable and non-assignable.
We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner’s agent and find content that infringes upon your copyright, you may notify us with the following information in writing: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (4) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is true and accurate to the best of your knowledge and belief that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Electronic Communications
The communications between you and us use electronic means, whether you visit the Website or send us emails, or whether we post notices on the Website or communicate with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
We will send emails to the email address you provide. You are responsible for providing the correct email address to us and updating your details as necessary. If you fail to provide your correct email address, we will not be responsible for any damage you suffer as a result of not receiving our communications. Further, we will not be responsible for any damage you suffer as a result of not receiving our communications, where that non-receipt is caused by our emails being quarantined in spam or junk folders, or by other factors outside of our control.
Use of Captourist Website and Services
Your right to use Captourist’s Website and Services is personal to you. You may not authorize others to use the Website or Services on your behalf, and you are responsible for all of your own use of the Website and Services.
You may not download, modify, transmit, or otherwise use any content from Captourist’s Website or Services for public or commercial purposes.
Captourist’s Website is free of charge (unless otherwise stipulated). However, you are responsible for your own network and connection charges.
Other than connecting to Captourist’s servers by HTTP requests using a web browser, you may not attempt to gain access to Captourist’s servers by any means – including, without limitation, by using administrator passwords or by masquerading as an administrator while using Captourist’s Website or Services or otherwise.
You agree not to disrupt, modify or interfere with Captourist’s Website or Services or its associated software, hardware and servers in any way and you agree not to impede or interfere with others’ use of Captourist’s Website or Services. You further agree not to alter or tamper with any information or materials on, or associated with Captourist, its related entities, its Website, and/or its Services.
Links to Third Party Sites
The Website may contain links to or from third party websites or search engines that are not owned, operated, or controlled by us. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites, search engines or the entities that own them. Additionally, we cannot and will not censor or edit the content of any third-party website or search engine. By using the Website, you expressly relieve us from any and all liability arising from use of our content by any third-party website or search engine, or links to us from same.
Changes to this Agreement and Waivers
We may change the terms of this Agreement from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the Captourist Website. It is your sole responsibility to check the Website from time to time to view any such changes in the Agreement. If you do not agree to any changes, if and when such changes may be made to the Agreement, you must stop using the Website and its Services. Your use of the Website and its Services after any modifications to the Agreement indicates that you agree to such modified Agreement. Any changes to this Agreement (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of Captourist. No purported agreement not to enforce any right or modification of this Agreement by us via telephone or email shall be valid.
General Terms
There are no third-party beneficiaries of this Agreement.
You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, except as otherwise provided in the terms of this Agreement, and any attempt by you to do so will be invalid.
If you breach this Agreement and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach this Agreement.
Our rights under this Agreement will survive any termination of this Agreement.
You represent that you are legally able to accept these Terms of Service and enter into this Agreement. You confirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into this Agreement, and to comply with this Agreement. If you aren’t, you must please stop using the Website and its Services.
This Agreement and all documents and communications directly or indirectly relating to it shall be in the English language.
Severance
Should any of these terms and conditions be void or unlawful, these terms and conditions shall be read and enforced as if the void or unlawful term(a) and/or condition(s) had been deleted.
Termination
We may change or discontinue Captourist, its Website or any of its Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you breach any of the terms and conditions contained herein. In the event of any termination, you will immediately stop using Captourist, its Website and and its Services. Any booking made prior to termination will be honored according to the terms of this Agreement specifically applicable to the booking.
