TourBiz terms of service
Business services agreement · Last updated: .
These terms are currently available in English.
1. Agreement, scope and acceptance
These Terms of Service (the “Agreement”) are between TourBiz (“TourBiz,” “we,” “us” or “our”) and the business subscribing to the Services (“Subscriber,” “you” or “your”). A person accepting this Agreement for a business represents and warrants that they have authority to bind it. The Agreement takes effect when you accept it in connection with registration, enrollment or an agreed order. If you do not accept it, do not register for or use the business Services.
The Services are supplied for business and professional use. Website visitors must comply with the provisions concerning lawful use, intellectual property and website content; browsing the marketing website does not enroll a visitor in a paid subscription. A traveler’s purchase of a Travel Product is a separate transaction with the Seller identified in the offer and booking. This Agreement does not replace the Seller’s booking conditions or any non-waivable traveler rights.
2. Definitions
“Services” means the hosted TourBiz software, related websites and the features made available under an accepted subscription offer. “Subscription Offer” means the commercial terms accepted by the Subscriber, including its plan, charges, billing period, trial and usage limits. “Authorized Users” means individuals permitted by the Subscriber to use its account within their assigned roles.
“Travel Product” means a tour, activity, admission, event or other tourism service listed through the Services. “Seller” or “Publisher” means the business identified as supplying the Travel Product. “Reseller” means a business authorized to distribute another Publisher’s Travel Products. “Traveler” means the purchaser or participant in a Travel Product. “Subscriber Content” means the listings, media, business information and other material supplied by you or your Authorized Users.
3. What TourBiz provides
TourBiz provides software for tourism product setup, publishing, availability, reservations, bookings and financial records. Depending on the deployment and plan, businesses can sell on TourBiz portals, embed search and a shopping cart on their own website, operate storefronts, and distribute products through other businesses.
Subject to this Agreement and payment of applicable charges, TourBiz grants the Subscriber a limited, non-exclusive, non-transferable right to access and use the hosted Services during its subscription, for its business operations and authorized distribution activities. No software or intellectual property ownership is transferred. Authorized embedding and reseller listings do not confer a right to sublicense the underlying software. Features, support and limits are those in the Subscription Offer. TourBiz does not warrant sales volume, search ranking, reseller availability or marketplace liquidity. Operational financial reports and exports do not constitute professional accounting, tax or legal advice.
4. Accounts and authorized users
You represent and warrant that your business and registration information is accurate, that you have legal capacity and authority to enter this Agreement, and that you are entitled to offer or distribute each listed Travel Product. Keep your contact and billing details current. You are responsible for your Authorized Users’ acts and omissions within the account, subject to applicable law.
Apply appropriate team permissions, secure sign-in devices and passkeys, and promptly notify TourBiz of suspected unauthorized access. Do not share another business’s account or use permissions you have not been granted. The app uses passkeys for authentication; that does not remove your obligation to protect devices and manage access. You are responsible for the equipment, connectivity and compatible browser needed to use the Services.
5. Sellers, offers and traveler contracts
The seller is responsible for accurate descriptions, prices, taxes, availability, eligibility and safety information, permits, insurance, fulfillment and customer support. Before a booking, it must disclose its identity, material restrictions and applicable cancellation, refund and no-show policies. It must honor the accepted offer and comply with applicable tourism, accessibility, consumer, tax and privacy laws, including package-travel obligations where relevant.
Cancellation and withdrawal rights depend on the service and applicable law. A seller’s policy cannot override mandatory rights. The platform retains booking-time versions of relevant prices, policies and terms to support records and investigation; these records do not determine a dispute’s legal outcome. Direct questions about a tour, cancellation or refund to the seller shown on the booking.
You shall obtain and maintain the licenses, permits, authorizations and insurance required by law and reasonably appropriate to the Travel Products you supply. You are responsible for personnel, subcontractors, participant safety, accessibility information, age or health restrictions, and emergency arrangements applicable to those products. Any waiver or assumption-of-risk form must be lawful and must not misrepresent a Traveler’s rights.
Where your offering constitutes a package, linked travel arrangement or other regulated travel service, you are responsible for the duties attaching to your actual role, including required disclosures, assistance and insolvency protection. Neither describing TourBiz as software nor allocating responsibilities in this Agreement excludes any obligation imposed on TourBiz by mandatory law based on its actual activities.
6. Customer payments stay with the seller
TourBiz is not the payment processor, merchant of record or custodian of traveler funds. Customers pay through arrangements chosen and controlled by the seller, such as an external checkout or payment link, invoice, bank transfer or payment on arrival. We do not collect, hold, route, capture or refund those funds. The seller manages its provider account, payment instructions, taxes, receipts, refunds, disputes and chargebacks.
Payment providers have their own terms and fees. Setup guidance does not give TourBiz authority over a seller’s provider account. Never supply customer card data, payment tokens, provider secret API keys or OAuth credentials to TourBiz’s customer-payment setup. A dedicated webhook signing secret for a supported observer is a separate, limited credential, as described below.
7. Booking status and payment observation
TourBiz records booking intentions, payment handoffs and permitted status evidence. Where supported, a Stripe Checkout observer authenticates a limited set of Checkout Session events using a dedicated endpoint signing secret. The secret is encrypted and not displayed after entry; it does not authorize API calls or money movement. A Stripe handoff target that requires this observer cannot be used until its observer is verified. This observation does not ingest refund or dispute events or make TourBiz a party to the payment.
A payment recorded outside the platform may require the seller’s confirmation. A late payment does not automatically restore an expired reservation or unavailable inventory. Conflicting amounts, currencies or booking references require investigation; a payment handoff or ambiguous event is not a guarantee of payment or a confirmed booking. The seller must reconcile exceptions and resolve any resulting customer payment issue.
8. B2B distribution and commissions
Publishers and resellers agree which products may be distributed, the applicable commissions, and their commercial obligations. The publisher remains responsible for delivering its service, customer support and its customer-payment relationship. A reseller remains responsible for its own representations and agreed distribution obligations.
Commission and payback obligations arise under the businesses’ agreement after successful delivery. The businesses settle those obligations with each other; recording a commission in TourBiz does not transfer funds or guarantee collection. TourBiz is not a party to those commercial agreements and does not become either business’s agent, partner or guarantor.
9. Plans, trials and recurring charges
Your accepted subscription offer identifies the price, currency, billing period, trial conditions, included completed-booking allowance, usage-fee rate and plan limits. Subscription charges and completed-booking fees are billed to your business separately from traveler payments. We do not deduct our platform fees from customer funds or add them as a TourBiz surcharge to the traveler’s booking price.
Where you authorize recurring billing, the subscription renews on the terms disclosed at enrollment until canceled. Any trial end date, conversion to a paid subscription and cancellation deadline must be disclosed before you accept. Taxes and third-party provider charges apply as disclosed or required by law. A plan upgrade, downgrade or price change follows the conditions presented for your acceptance; a new marketing price does not retrospectively change your accepted charges.
10. Completed-booking fees and billing corrections
A completed booking is a booking whose service has been delivered and whose status is recorded as completed. The accepted plan’s percentage fee applies to the total booking value after its included monthly completed-booking allowance is used. Canceled and no-show bookings do not incur this completed-booking fee. You must keep booking outcomes accurate and must not misclassify delivered services to avoid charges.
Eligible corrections for a previously billed booking are recorded as negative usage adjustments or platform-fee credits in a later billing cycle; closed invoices are not rewritten. A platform-fee credit does not refund a traveler: the seller must arrange that separately. Report suspected billing errors promptly with the relevant references. Currency conversion, where required for billing, uses the applicable billing-provider evidence rather than an indicative display exchange rate.
11. Your content and intellectual property
You or your licensors retain all rights in Subscriber Content. Personal data remains subject to the rights of the individuals concerned. You grant TourBiz a worldwide, non-exclusive, royalty-free license to host, reproduce, display, transmit and process Subscriber Content only as reasonably necessary to provide and secure the Services, operate distribution channels you authorize, and comply with law. TourBiz may permit its service providers to exercise these rights solely for those purposes. This license continues after termination only to the extent needed for lawful retention, existing booking records or an applicable continuing obligation.
You represent and warrant that you hold the rights and permissions needed for Subscriber Content and authorized resale listings, and that the material is accurate and lawful. Publishing through TourBiz does not give another business rights beyond the applicable distribution agreement. You remain responsible for correcting or withdrawing content when you no longer have authority to publish it.
TourBiz and its licensors retain their rights in the software, documentation and branding. Do not remove ownership notices, infringe another party’s rights, or copy or reverse engineer protected software except where applicable law permits. Report suspected infringement with enough detail to identify the material and your rights; we may restrict material while investigating a credible complaint.
12. Privacy, security and exports
Each party shall comply with applicable data-protection law. The Subscriber determines the purposes and lawful basis for its use of Traveler and team information, provides required notices, and limits access and disclosure to authorized purposes. TourBiz processes such data on the Subscriber’s behalf where it acts as a processor, and independently where it determines the purposes of processing, such as its own account administration, security and platform billing. The applicable privacy notice explains those activities.
Where applicable law requires a data-processing agreement, the parties shall put that agreement in place before the relevant processing begins. It shall address documented instructions, confidentiality, safeguards, service providers, international transfers, assistance with individual rights and incidents, and return or deletion of data. A privacy notice or acceptance of these general terms is not a substitute for a required data-processing agreement.
Use the available access and booking-export tools to retain the records you need. Exports cover supported data and formats, not a promise that every internal record can be exported. We use safeguards to protect the service, but no system can guarantee uninterrupted access or absolute security. Contact TourBiz promptly about a suspected incident; each party remains responsible for its own legal notification duties.
13. Confidentiality
“Confidential Information” means non-public information disclosed in connection with this Agreement that is identified as confidential or should reasonably be understood to be confidential, including security details, non-public commercial terms and business records. Each receiving party shall use it only to perform this Agreement or exercise its rights under it, protect it with reasonable care, and disclose it only to personnel and service providers who need access and are subject to appropriate confidentiality duties.
These duties do not cover information the recipient can demonstrate was already lawfully known, became public without a breach, was lawfully received without a confidentiality restriction, or was independently developed. Legally required disclosure is permitted; where lawful, the recipient shall give advance notice and limit disclosure to what is required. Public listings and authorized resale disclosures are not confidential to the extent you direct their publication.
On termination or a lawful request, the recipient shall return or delete Confidential Information when reasonably practicable, except for lawful retention, backup cycles and records needed to establish or defend legal claims. Retained information remains protected and may not be used for unrelated purposes. These duties continue while the information remains confidential.
14. Acceptable use and moderation
Do not offer unlawful or misleading products; upload malicious code; infringe privacy or intellectual property; send spam; bypass permissions or plan limits; access another business’s data without authority; or disrupt the service. Automated access must respect applicable access controls, limits and the rights of other users.
We may remove or restrict unlawful material, investigate credible reports, and apply proportionate rate limits or access restrictions to protect users and the service. Where practicable, we will explain the reason and allow you to address it. Urgent security threats, legal requirements or serious abuse may require action without advance notice. Contact TourBiz if you believe a restriction is mistaken.
15. Availability and third-party services
The service may be interrupted for maintenance, updates, security or circumstances outside our reasonable control. External payment, hosting, communications and distribution services may also fail or change. Unless separately agreed in writing, we make no service-level or recovery-time commitment.
A third-party service you select, authorize or connect is governed by its provider’s terms and privacy practices. You authorize the data exchanges necessary for that connection and remain responsible for your provider relationship and charges. TourBiz does not guarantee a third party’s continued availability or performance. This allocation does not excuse TourBiz from its own contractual duties or make every TourBiz subcontractor your responsibility.
To the extent permitted by law, the service is provided as available, without implied warranties of merchantability, fitness for a particular purpose or non-infringement. This does not exclude an express contractual commitment or any warranty, remedy or duty that cannot lawfully be excluded.
16. Cancellation, suspension and termination
You may request cancellation through the subscription controls or contact TourBiz for help. The accepted subscription terms and cancellation confirmation determine when cancellation takes effect and which charges remain due. Stopping use alone does not cancel a subscription. Refunds or credits follow the accepted offer and applicable law; these terms do not impose a blanket non-refundable policy.
For overdue platform fees, we notify the business of the applicable grace deadline before billing-related suspension. We may suspend or terminate for a material breach, serious abuse or a legal requirement, with notice and an opportunity to remedy where appropriate. You may terminate for our material breach if we do not remedy it within a reasonable period after notice.
Ending access does not cancel outstanding traveler bookings, settle reseller obligations or refund traveler payments. Arrange fulfillment or lawful cancellation and export needed records before access ends. Business deactivation and final deletion are separate steps: deletion follows the applicable retention period and safety checks. Booking, billing, audit, security or dispute evidence may need to remain longer for legal obligations or unresolved matters, as explained in the privacy notice.
17. Limitation of liability
Each party is responsible for its own contractual and legal obligations. TourBiz does not assume a seller’s fulfillment duties, a provider’s payment obligations or a reseller’s commission debt merely by supplying software.
Subject to the exceptions below and to the maximum extent permitted by law, neither party shall be liable to the other for indirect, special, incidental, consequential, exemplary or punitive damages arising from this Agreement. TourBiz’s aggregate liability for all claims arising out of or relating to the Services shall not exceed the platform subscription and usage fees paid by the Subscriber during the twelve months immediately preceding the event giving rise to the claim. Related events shall be treated as one claim for purposes of this aggregate limit. The exclusions and cap apply regardless of whether a claim is framed in contract, tort, negligence or another legal theory, and do not reduce properly due payment obligations.
Nothing in this Agreement excludes or limits liability for fraud, fraudulent misrepresentation, gross negligence, willful misconduct, death or personal injury caused by negligence, or any liability that cannot lawfully be excluded or limited. Mandatory consumer rights and remedies remain unaffected. The limitations apply only to the extent enforceable under the law applicable to the particular claim.
18. Indemnification
Subject to applicable law, the Subscriber shall defend and indemnify TourBiz against third-party claims and the resulting damages, settlements and reasonable defense costs to the extent caused by unlawful or infringing Subscriber Content, the Subscriber’s unlawful supply or resale of Travel Products, or its material breach of its seller, privacy or intellectual-property obligations under this Agreement. This indemnity does not apply to the extent a claim results from TourBiz’s own breach, negligence or misconduct.
TourBiz shall defend and indemnify the Subscriber against a third-party claim that the hosted software supplied by TourBiz, when used as authorized, infringes that party’s copyright or trademark. This undertaking does not cover Subscriber Content, unauthorized modifications, or combinations with materials not supplied or required by TourBiz where the claim would not otherwise arise. TourBiz may obtain continued use rights, modify or replace the affected functionality without materially reducing the contracted service, or, if those remedies are not reasonably available, terminate the affected service and refund unused prepaid subscription charges. TourBiz’s obligations under this paragraph remain subject to the liability limits in this Agreement.
A party seeking indemnity shall promptly notify the other of the claim, provide reasonable assistance at the indemnifying party’s expense, and allow that party to control the defense with reasonably qualified counsel. Late notice reduces obligations only to the extent it materially prejudices the defense. Neither party may agree a settlement admitting the other’s fault or imposing non-monetary obligations on it without its prior written consent, not to be unreasonably withheld. These indemnities concern third-party claims and do not authorize TourBiz to debit, withhold or move Traveler funds.
19. Changes to the service and these terms
We may update the service and these terms. We will give reasonable advance notice of material changes through the service or your account contact, except where an urgent legal or security need requires earlier action. The notice will explain the effective date and any action required. Changes do not retrospectively rewrite accepted bookings or accrued charges. Where the law or your agreement requires consent, we will seek it; otherwise, you may end the affected subscription before a material change takes effect, subject to applicable cancellation rights.
20. General terms
These terms, your accepted subscription offer and any separately signed agreement form the agreement for the platform. A separately signed agreement prevails over conflicting standard terms; the accepted offer determines plan-specific commercial details. Seller booking policies and publisher-reseller agreements govern their separate transactions.
Neither party is responsible for delay caused by events outside its reasonable control, provided it takes reasonable steps to reduce the impact; this does not erase accrued payment obligations or mandatory rights. Neither party may transfer this agreement in a way that materially reduces the other’s rights without consent. A lawful transfer with a business reorganization or sale must preserve those obligations.
If a provision is unenforceable, the remaining provisions continue to the extent permitted by law. Failure to enforce a right immediately does not waive it. Provisions intended to continue, including accrued payment obligations, intellectual property, necessary data retention and lawful liability limits, survive termination.
The parties are independent contractors. Nothing creates an employment relationship, partnership, joint venture or general agency, or authorizes either party to bind the other. Except where mandatory law provides otherwise, this Agreement confers no enforcement rights on a person who is not a party. Each party shall comply with applicable anti-bribery, sanctions and export-control requirements relevant to its performance.
21. Questions, notices and disputes
Contact TourBiz about these terms, billing, access or a complaint using the contact email linked below. Keep your account contact details current: we may send service and contractual notices there or through the app. We encourage a good-faith effort to resolve a dispute before proceedings, without restricting urgent relief or legal filing deadlines.
Applicable law determines the competent courts and your available remedies. These terms do not impose mandatory arbitration, waive class proceedings, or remove any mandatory consumer protection or right to bring a claim in a court available to you under law.
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