1. ABOUT US
We, Turneo Ltd, incorporated and registered in England and Wales with company number 13986503 whose registered office is at 71-75 Shelton Street, London, WC2H 9JQ, UK, are the operator of the Turneo Platform and are responsible for it accordingly.
We operate the Turneo Platform as an intermediary platform on which experiences ("Activity”) are offered online by a variety of local activity providers such as amusement parks, museums, tour guides, boat tours around the world ("Suppliers"). The Activities include, for example, guided tours, cooking classes, sightseeing tours by bus, boat trips, tickets for sightseeing, and other services. We act as a commercial agent for the Suppliers. The descriptions, photographs, and other content for its own Activities originate from the respective Suppliers. We therefore have no direct influence on such content.
2.1 These Turneo T&C apply to all visitors to and users of the Turneo Platform ("Users"). As soon as you use the Turneo Platform, you are obliged to comply with the Turneo T&C. Therefore, please read them carefully during your first use.
2.2 They are available online and apply to all of our services, unless more specific terms and conditions for a specific service prevail. Should this be the case, we will make this clear at the appropriate time. Any of your terms and conditions that conflict with or deviate from the Turneo T&C shall not apply unless we have expressly agreed to them in writing.
3. WHAT WE DO
3.1 You can view Activities on the Turneo Platform. The contract for the provision of the Activity is concluded exclusively and directly between you and the Supplier ("Service Agreement"). When you buy an Activity on the Turneo Platform, you are not buying anything from us, but directly from the Supplier. Service Agreements are concluded by us on behalf and for the account of the Suppliers. We act as a commercial agent for the Suppliers and are commissioned and authorized by the Suppliers to conclude transactions directly between Suppliers and Users, e.g. you, and for the account of the Suppliers and to collect payments from the Users. We do not offer any activities ourselves and therefore do not become your contractual party to any Service Agreement. We do not act as the organizer, the landlord, reseller or other contractual partner in relation to the Service Agreement with you. We receive a commission from the Supplier for brokering the Service Agreement.
3.2 In the interest of a fast and smooth process, you may direct questions about your booking to the Turneo customer service. As commercial agents, we support the Suppliers in this process. We usually answer within 24 hours, or at the latest usually within 48 hours. The communication between you and the Supplier can be done directly. In case of emergency, the contact details of the respective Supplier can be found on your voucher/ticket.
3.3 We reserve the right to make the use of the Turneo Platform, individual functions of the Turneo Platform or the extent to which individual functions can be used, subject to certain conditions, such as the payment behaviour of the User (e.g. in the case of prior bookings) or the presentation of certain proof (e.g. proof of identity, purchase, payment, or ownership). We reserve the right to restrict your booking of Activities, or cancel Activities you have booked, in the case of suspected fraud, violation of these Turneo T&C, or violation of obligations under the Service Agreement, which become known to Turneo.
3.4 We are not obligated to improve, extend (update/upgrade) or make available the content, functions and services provided via the Turneo Platform. We may discontinue our services and performances at any time; there is no right to continuation. However, if you have already concluded a Service Agreement with a Supplier, Section 11 applies to you, i.e. the Service Agreement.
4. CONCLUSION OF CONTRACT WITH TURNEO: USER AGREEMENT
4.1 The subject matter of the contract with us as the contracting party, is the use of the Turneo Platform free of charge (“User Agreement”).
4.2 The contractual relationship between you and us comes into effect as soon as you use the Turneo Platform.
4.3 Turneo may unilaterally terminate your User Agreement or your access to the Turneo Platform at any time with a notice period of one week. However, the termination will become effective only after any already established Service Agreements have been executed or cancelled. The right to termination for good cause remains unaffected.
5. PAYMENT AT TURNEO
5.1 The price offered on the Turneo Platform ("Posted Price") shall apply to the Activity. The amount you pay for an Activity ("Booking Price") is the Posted Price less any applicable discount. Unless otherwise agreed, the Booking Price for the Activity is payable immediately upon booking.
5.2 For selected Activities, you may be able to choose the "Reserve now, pay later" feature. This is only possible with a credit card that is valid at least until the date of the selected Activity; to confirm this, we will charge 0 EUR to your credit card when you complete your booking. 72 hours before the start of the Activity we will debit the Booking Price. If the credit card charge fails, you have 47 hours to make the payment manually. If this fails and the payment is not made, we will automatically cancel the Activity you booked.
5.3 Turneo is entitled to receive the invoiced amounts in the name of and on behalf of the Supplier (as a commercial agent), unless otherwise expressly stated in the Supplier's invoice. With the successful payment to Turneo, you have fulfilled your payment obligations towards the Supplier with a discharging effect. If claims are to be paid in a currency other than your local currency (foreign currency claim), Turneo may (in its role as a commercial agent) collect payment in the your local currency and convert the foreign currency claim at the current exchange rate at the time of the conclusion of the contract. For highly volatile currencies, we may charge a reasonable exchange fee.
5.4 We are your contact in connection with a Service Agreement and payment therefore as the commercial agent of the Supplier. If you wish to request a refund of the Booking Price outside of our cancellation policy, you may contact us. We will then contact the Supplier, and the Supplier will determine in its discretion whether to honour the refund request. A refund granted by the Supplier can be processed by the Supplier through us.
5.5 You must provide payment information truthfully and update it immediately in the event of changes. The means of payment permitted for the Activity will be displayed to you in the order process. The terms and conditions of the payment service provider will apply. Your payment service provider may charge additional fees. You are required to confirm to us that you are authorized to use or have the right to use a payment method you select.
5.6 By authorizing payment, you consent to your payment information being used to collect payment for the Supplier. We reserve the right to make the use of the payment function or individual payment methods on the Turneo Platform dependent on a check of the required creditworthiness.
6. CHANGES AND CANCELLATIONS
6.1 You may only cancel the Service Agreements in accordance with the cancellation conditions as stated in the Supplier T&Cs, the description of the Activity on the Turneo Platform, or on the voucher/ticket issued for the Activity.
6.2 To avoid misunderstandings, you must make changes (e.g. rescheduling the Activity date or making changes to the participants) and cancellations via the Turneo Platform, unless otherwise agreed. The change or cancellation must be made in good time; what is "in good time" depends on each individual case (e.g. within the applicable cancellation period) and may be subject to the Activity’s availability. Therefore, it is very important that you carefully read all terms and conditions on the Activity page or the Supplier T&Cs. The decisive factor for a timely cancellation is the timely receipt of the notification by Turneo. If these conditions are met, we will issue a cancellation/change confirmation on behalf of the Supplier. This will serve as proof of the cancellation/change and therefore must be kept.
6.3 We can notify you of changes or cancellations on behalf of the Supplier, especially if at short notice, by your provided telephone number and by sending changes to your email address.
6.4 Unless there are different cancellation conditions specified in the description of the Activity on the Turneo Platform, in the Supplier T&Cs, or on the Activity voucher/ticket, the following cancellation conditions shall apply:
a) For cancellations more than 24 hours before the start of the Activity: full refund of the Booking Price; and
b) For cancellations 24 hours or less before the start of the Activity or in case of no-show: no refund.
7. DATA PROTECTION
8.1 You shall fully indemnify us for all damages, costs and expenses (including reasonable legal defense costs) incurred by us, our agents, or partners as a result of:
8.1.1 your intentional or negligent misrepresentation, act, or omission in connection with your use of the Turneo Platform;
8.1.2 your intentional or negligent non-compliance with the Turneo T&C; or
8.1.3 claims asserted by third parties arising out of or in connection with your access to or use of the Turneo Platform that intentionally or negligently violates these Turneo T&C.
You may not transfer or assign your rights and/or obligations under these Turneo T&C, except for any claim for damages.
10. SEVERABILITY CLAUS
Should individual provisions of these Turneo T&C be or become void or ineffective in whole or in part, this shall not affect the validity of the remaining provisions. Statutory law shall take the place of any provisions of these Turneo T&C that are not included or are invalid. If such statutory law is not available in the respective case or would lead to an unacceptable result, the parties shall enter into negotiations to replace the non-included or invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision.
11. SUPPLIER - SERVICE AGREEMENT
11.1 Conclusion of contract with the Supplier
11.1.1 If you select and purchase an Activity on the Turneo Platform, you conclude a contract directly with the Supplier. When concluding the contract, we act as the commercial agent of the Supplier.
11.1.2 After checking the availability of the Activity and clicking the button "Next" you will be asked for further mandatory information, in particular the payment method, which must be completed.
11.1.3 By clicking the button "Complete booking" or "Request Booking", at the end of the ordering process, you submit a binding offer to conclude a Service Agreement with the Supplier that will provide the Activity. You are bound to the offer for two working days. After receipt of the offer, we will send you an automatic order confirmation on behalf of the Supplier. This order confirmation does not constitute an acceptance of the offer.
11.1.4 The Suppliers may provide their own terms and conditions in their respective listings on the Turneo Platform ("Supplier T&Cs"). Please read these Supplier T&Cs carefully, because they may contain important information for you, e.g. regarding cancellation options or conditions. Nothing in the Supplier T&Cs shall affect your relationship with us, or our legal rights. In the event of a conflict between a provision of the Supplier T&Cs and a provision in Section 5 of the Turneo T&C, the provision that is more beneficial to you shall govern the relationship between you and the Supplier.
11.1.5 We accept the offer in the name and on behalf of the Supplier once you receive a booking confirmation issued in the name and on behalf of the Supplier and, if applicable, have access to a voucher or ticket (either a mobile voucher or a downloadable PDF voucher/ticket) and a payment confirmation. We reserve the right to accept or reject contract offers at our sole discretion.
11.1.6 The contract between you and the Supplier is not set out in a separate contract text. The content of the contract results from the ordered product (i.e. the description of the Activity selected by you), applicable provisions in Section 11 of these Turneo T&C, and - if applicable - the Supplier T&Cs.
11.1.6 You must immediately check the order confirmation to ensure that all data has been entered correctly.
11.2.1 In most cases, Posted Prices quoted are inclusive of all taxes and fees. However, it is possible that additional local taxes or fees are levied locally. If additional taxes or fees will be levied locally, this will be disclosed in the description of the Activity.
11.2.2 The Posted Prices set by the Suppliers may be subject to special provisions, for example, with regard to cancellations and the refund of payments. You must independently check before booking whether the respective Supplier prescribes deviating conditions.
11.3 Provision of the Activity
11.3.1 You must arrive on time at the meeting point indicated by the Supplier. Please also take note of the Supplier T&Cs. If you are traveling to the Activity from abroad, you are responsible for the necessary travel documents (passport, visa, etc.) and compliance with health or other requirements.
11.3.2 The Booking Price does not include insurance of any type. You are responsible for obtaining sufficient insurance coverage. We strongly encourage you to obtain travel insurance, especially if you are booking an Activity that involves outdoor or high-risk activities. We do not operate tours, employ guides, or set safety standards for Activities.
11.3.3 Suppliers are independent contractors and not agents or employees of Turneo. We are not liable for the acts, errors, omissions, representations, warranties, breaches, negligence, or misconduct of any Supplier, or for any personal injury, death, property damage, or other damages or expenses resulting therefrom or otherwise arising from any booking or Activity.
11.3.4 For time and deadline calculations, the time zone of the Supplier shall be decisive.
11.4 Further rights of the Supplier
11.4.1 The Supplier may cancel the Activity on the agreed date without observing a cancellation period if weather conditions, official measures, strikes or other external circumstances that are unforeseeable or can only be averted by disproportionate efforts on the part of the Supplier and are beyond the Supplier's control (in particular events of force majeure) make it impossible or significantly impede or endanger the performance of the Activity. In this case, the Booking Price paid for the cancelled Activity will be refunded. You may direct any additional compensation request directly to the Supplier according to 10.3.3.
11.4.2 The Supplier may exclude you from an Activity if (i) you do not meet the requirements for participation specified on the Turneo Platform, (ii) you would endanger yourself or others through your participation, or (iii) you disrupt the implementation of the Activity in any way. In these cases, the Booking Price paid for the Activity will not be refunded.
11.4.3 The Supplier may make immaterial changes to the program of the Activity at any time if this appears necessary due to circumstances arising at short notice. Insignificant program changes also include a change of the starting/meeting point for the Activity, provided that the new meeting point can be reached by the customer from the originally agreed meeting point on foot or by public transport within 15 minutes. A change of the start/meeting point is possible up to 24 hours before the start of the booked Activity and will be communicated to you by email or displayed via the Turneo Platform.
12. FINAL PROVISIONS
12.1 For the purpose of fulfilling the contract and exercising rights due to us under these Turneo T&C, we may use other Turneo companies and third parties as vicarious agents.
12.2 We may amend or adjust these Turneo T&C in the future, e.g. to take into account changes in the law, market changes ,or regulatory gaps. We will then inform you of this in good time and in an appropriate manner. If you object, we can terminate your access to the Turneo Platform with immediate effect.
12.3 All notices and other declarations transmitted within the framework of these Turneo T&C must be made in writing (e.g. by email).
12.4 The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Turneo T&C or any purchase made pursuant thereto.
12.5 The contract between you and us is formed and entered into in London, England, United Kingdom.
12.6 In these Turneo T&C, (i) “including” means “including but not limited to,” (ii) general words shall not be given a restrictive meaning by reason of the fact that they are preceded by words indicating a particular class of acts, matters or things, and (iii) words suggesting the singular include the plural, and vice versa. Captions and section headings used in these Turneo T&C are for convenience only and shall not be used in construing the Turneo T&C.
A1.1 Except as set forth in Section A1.2, our maximum liability arising out of or in connection with the performance of our contractual obligations to you shall be limited to the typically foreseeable loss or damage arising from a negligent breach of a fundamental contractual obligation. A “fundamental contractual obligation” under these Turneo T&C is an obligation, the performance of which is essential to the proper performance of these Turneo T&C and the breach of which jeopardizes the purpose of these Turneo T&C and its performance upon which you as a user may regularly rely. Loss or damage is typically foreseeable if it was typically foreseeable at the time these Turneo T&C were accepted. We exclude our liability and the liability of vicarious agents for damages caused by a negligent breach of a non-essential contractual obligation.
A1.2 Nothing in these Turneo T&C shall exclude or limit the liability of us or our agents or servants for gross negligence, intentional injury, death, personal injury, or fraud. Likewise, any further-reaching mandatory statutory rights as a consumer shall remain unaffected.
A1.3 The above limitations of liability do not apply if we fraudulently conceal a circumstance to the standard of the Turneo Platform or should guarantee a certain functionality. The same applies to any claims of the User under the Product Liability Act.
A1.4 No liability shall exist in cases of force majeure, including but not limited to: failure of electronic or mechanical equipment or communications, acts of third parties (including denial of service attacks and excessive or abusive use of the Turneo Platform), telephone or other connectivity problems, computer viruses, unauthorized access, theft, operator error, fire, severe weather including floods, regulatory or other acts of regulatory, governmental or supranational authorities, war, riots or labour disputes.
A1.5 You always have the option to prove to the Supplier that he has not incurred any damage at all or that the damage is significantly lower than the cancellation fees demanded by the Supplier.
A2.1 Damages in the sense of clause 8.1 also include compensation to which we are exposed to our vicarious agents (as defined by English law) or assistants because of the occurrence of one of the events described in Section 8.
A2.2 The above obligations in Section A2.1 shall only apply if you are responsible for the occurrence of any events described in Section 8 or violations of these Turneo T&C, i.e. you have acted intentionally or in a negligent manner, and that misconduct directly resulted in the event(s) or violation(s) described above.
A3 Online Dispute Resolution.
The online dispute resolution platform of the European Commission can be accessed here. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
A4 Governing Law.
To the extent permitted by mandatory local (consumer) law of the country in which you reside, these Turneo T&C and our services will be governed by the United Kingdom law.
To the extent permitted by mandatory local (consumer) law, any dispute will exclusively be submitted to the competent courts in London, United Kingdom.