Terms of Use
Last Updated: June 2, 2026
Tour24 (hereinafter,”Tour24,” “we,” “us,” or “our”) provides an online platform (the “Platform”) that provides for on-demand tours of Listings posted on our website, www.tour24.io (the “Site”), and via our mobile devices app (the “Application”) (the Platform, the Site, and the Application collectively, the “Services”).
These Terms of Use and our Privacy Policy (collectively, the “Terms”) govern your (“you,” “your,” or “user”) use of the Services. Please read these Terms carefully before continuing with your use of the Services. By accessing and using the Services, you agree to comply with these Terms. If you do not agree with these Terms, you should not access the Services. Use of the Services without agreeing to these Terms, or in breach of these Terms, may result in civil or other legal liability.
THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY AGREEING TO THESE TERMS AND THE ARBITRATION AND CLASS ACTION WAIVER PROVISION, YOU WAIVE YOUR RIGHT TO BRING A LAWSUIT IN COURT.
- Definitions
“Content” means all text, graphics, images, music, software (excluding the Application), audio, video, information or other materials that Tour24 makes available through the Site, Application, or Services, including any Content licensed from a third party, including User Content.
“Listing” means residential and other rental properties that are listed for tour on the Services.
“Partner” means includes residential communities, their owners, managers, and/or otherwise related partners that create Listings on the Services.
“Visitor” means a user who tours a Listing posted on the Services.
- Eligibility
You must be eighteen (18) years of age or older to use the Service. Additionally, in order to access certain features of the Services, and to visit or create a Listing, you may need to register. You agree to provide accurate, current and complete information during the registration. You may only connect to the Services through your account and in accordance with our access procedures and these Terms.
- Listings
The Services can be used to facilitate visitation or tours by Visitors of the Listings posted by Partners.
YOU UNDERSTAND AND AGREE THAT TOUR24 IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PARTNERS AND VISITORS, NOR IS TOUR24 A REAL ESTATE BROKER, AGENT OR INSURER. TOUR24 HAS NO CONTROL OVER THE CONDUCT OF PARTNERS, VISITORS AND OTHER USERS OF THE SERVICES OR ANY LISTINGS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
Tour24 is not an owner or operator of properties, nor is it a provider of properties, and Tour24 does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, residential or commercial rental units and Tour24’s role is solely to facilitate the availability of the Services for users and to provide services related thereto. Similarly, Tour24 is not a contracting agent or representative of any Partner, real estate agency or brokerage.
Certain areas of the Services (and your access to or use of certain aspects of the Services) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Services, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Services to the extent that the additional terms and conditions conflict with these Terms.
Please note that Tour24 reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Tour24, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.
PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE VISITING OF LISTINGS. TOUR24 CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY LISTING. TOUR24 IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS. ACCORDINGLY, ANY IN-PERSON VISIT OF A LISTING WILL BE MADE AT THE VISITOR’S OWN RISK.
- Modifications
Tour24 reserves the right, at its sole discretion, to modify the Services or these Terms, including the service fees, at any time and without prior notice (to the extent permitted by applicable law). If we modify these Terms, we will post the modification on the Services or provide you with notice, as described in the “Notice” section herein. By continuing to access or use the Services after we have posted a modification on the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
- User Content; No Endorsement
Tour24 does not endorse any users or any Listings. We do not make any determination of the suitability of any Listings for you and such determination is soelly your responsibility. In addition, although these Terms require users to provide accurate information, we do not attempt to confirm, and do not confirm, any user’s purported identity. As such, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. “User Content” means all Content that a user posts, uploads, publishes, submits or transmits to be made available through the Services. Your interactions with Listings are solely between you and Partners providing such Listings and we are not responsible or liable with respect to any such interactions. Tour24 will not be responsible for any damage or harm resulting from your interactions with other users. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular user(s) or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Tour24 with respect to such actions or omissions. We reserve the right to, but are under no obligation to, change, condense or delete any content, information, or other materials on the Service.
- User Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations and Tax obligations that may apply to your use of the Services. “Tax” means any sales taxes, value added taxes, goods and services taxes and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.
When visiting Listings in person you agree that you will not:
- Damage or alter any property (whether physical, digital, or otherwise), including without limitation (1) tampering with surveillance equipment, access devices, smart locks, signage, or other Tour24 property, and (2) unlocking doors or windows in units;
- Engage in inappropriate or offensive behavior, such as threatening, harming, or harassing others, engaging in loud or disruptive behavior, smoking, vaping, or lighting open flames, consuming food or beverages in units or amenity spaces unless permitted, using amenities unless permitted, removing, altering, or defacing property, or stealing;
- Outside of designated tour appointment windows, access items provided to you (including, but not limited to, key fobs);
- Provide any third parties without express authorization access to Tour24 items provided to you (including, but not limited to, key fobs); or
- Fail to return all items provided to you (including, but not limited to, key fobs) immediately after your tour.
Visitors will be responsible for any damage, injury or harm caused as a result of visiting Listings, or any violations of any local, state, provincial, national, or other local laws or community regulations or any court order. Your actions could constitute trespassing if you (without limitation): (1) access properties outside of designated tour appointment windows; or (2) leave the designated tour path boundaries.
While using the Services, you further agree that you will not:
- Use the Services for any commercial or other purposes that are not expressly permitted by these Terms;
- Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services or collect information contained in the Services;
- Promote, endorse, or further illegal activities, including stalking or otherwise harming or harassing any other user;
- Attempt to interfere with in any way, or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- Register for Tour24 on behalf of an individual other than yourself, contact a Partner for any purpose other than asking a question related to a Listing, such Partner’s Listings;
- Create user accounts or otherwise use the Services under false or fraudulent pretenses (including impersonation of another individual), create or use an account for anyone other than yourself, or create multiple active user accounts for improper purposes, including to violate these Terms;
- Attempt to circumvent the obligation to pay any service fees related to Tour24’s provision of the Services; or
- Act in a way that, in Tour24’s sole opinion, violates these Terms.
If you are a Partner providing a Listing, you must not list, advertise, or photograph units for false or fraudulent rental postings.
Tour24 will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Tour24 may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Tour24 has no obligation to monitor your access to or use of the Services or to review or edit any User Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Tour24 reserves the right, at any time and without prior notice, to remove or disable access to any Content that Tour24, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.
- Ownership
The Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Services, including all associated intellectual property rights are the exclusive property of Tour24 and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Content.
- Application License
Subject to your compliance with these Terms, Tour24 grants you a limited non-exclusive, nontransferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal non-commercial use. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application.
- Tour24 Content and User Content License
Subject to your compliance with the terms and conditions of these Terms, Tour24 grants you a limited, non-exclusive, non-transferable license, to access and view any Tour24 Content solely for your personal and non-commercial purposes; and access and view any User Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Tour24 or its licensors, except for the licenses and rights expressly granted in these Terms.
- User Content
We may, in our sole discretion, permit users to post, upload, publish, submit or transmit user Content. By making available any User Content on or through the Services, you hereby grant to Tour24 a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, or by means of the Services provided by you or any other users relating to Services for purposes of providing and improving the Services to the extent permitted by applicable law. Tour24 does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Services. Accordingly, you represent and warrant that:
- You either are the sole and exclusive owner of all User Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to Tour24 the rights in such User Content, as contemplated under these Terms; and
- Neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Tour24’s use of the User Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree and covenant to indemnify, defend and hold harmless Tour24 for a breach of the above representations and warranties as set forth below.
- Feedback
If you send or transmit any communications, comments, questions, suggestions, or related materials to us, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Services, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Tour24 is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
- Links
The Services may contain links to third-party websites or resources. You acknowledge and agree that Tour24 is not responsible or liable for: (1) the availability or accuracy of such websites or resources; or (2) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Tour24 of such websites or resources or the content, products, or services available from such websites or resources (collectively, “Third-Party Sites”), and you acknowledge sole responsibility for and assume all risk arising from your use of any such Third-Party Sites.
- Intellectual Property
All trademarks, service marks, logos, trade names and any other proprietary designations of Tour24 used herein are trademarks or registered trademarks of Tour24. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Tour24 respects copyright law and expects its users to do the same. It is Tour24’s policy to terminate in appropriate circumstances the Tour24 Accounts of Users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
- Termination and Tour24 Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time terminate these Terms or your access to the Services. In the event Tour24 terminates these Terms, or your access to the Services you will remain liable for all amounts due hereunder.
- Warranty Disclaimers
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. USE OF THE SERVICES IS AT YOUR SOLE RISK. THE AFFILIATED ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AS WELL AS ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NO AFFILIATED ENTITY, INCLUDING US, AND EACH OF THEIR LICENSORS AND SUPPLIERS DO NOT WARRANT THAT ANY PORTION OF THE SERVICE, CONTENT THEREIN OR INFORMATION IS ACCURATE, TIMELY, TRUTHFUL, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR COMPLY WITH LAWS APPLICABLE TO YOU; THAT ANY PORTION OF THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, BACKED UP, SECURE, OR FREE FROM BREACH OR INTERCEPTION OF DATA OR YOUR CONFIDENTIAL INFORMATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE OR APPLICATION IS DOWNLOADED AT YOUR OWN RISK. NEITHER US NOR ANY AFFILIATED ENTITY WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE, LINK OR ADVERTISEMENT OFFERED BY ANY THIRD PARTY THROUGH THE SITE OR APPLICATION OR ANY LINKED WEBSITE OR SERVICE, AND NEITHER US NOR ANY AFFILIATED ENTITY WILL BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY SUCH THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TOUR24 OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- Additional Disclaimers
IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT TOUR24 DOES NOT CONDUCT BACKGROUND CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO, VISITORS AND PARTNERS.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY PARTNERS OR VISITORS. YOU UNDERSTAND THAT TOUR24 DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES OR TO REVIEW OR VISIT ANY LISTINGS. TOUR24 MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, VISITORS AND PARTNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY TOUR24.
- Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND YOUR LISTING OR VISITING OF ANY LISTINGS VIA THE SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF TOUR24 WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER TOUR24 NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR FROM YOUR LISTING OR VISITING OF ANY LISTING VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TOUR24 HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- Indemnification
You agree to release, defend, indemnify, and hold Tour24 and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or your violation of these Terms; (ii) your User Content; and your interaction with any User, Visiting of a Listing, creation of a Listing or the use, condition or rental of a Listing by you, including, but not limited to, any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, visiting or use of a Listing.
- Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between Tour24 and you regarding the Services and any viewing of or visiting of Listings made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Tour24 and you regarding the viewing or visiting of Listings and Services.
- Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Tour24’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Tour24 may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
- Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Tour24 (1) via email (in each case to the address that you provide); or (2) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
- Non-Waiver; Severability; and Remedies
The failure of Tour24 to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
- Arbitration
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. ARBITRATION IS A WAIVER OF THE RIGHT TO BRING SUIT IN COURT.
THIS SECTION CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
You agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances, you may not bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. Thus, you agree that you are waiving your right to sue or go to court to secure relief, and instead agree to the arbitration process as stated in this provision. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267.
To initiate arbitration, you or Tour24 must:
- Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
- Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office.
- Send one copy of the Demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and we will pay all other administrative costs and fees. In addition, for claims of less than $1,000, we will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States county where you live or work, Massachusetts, or any other location we mutually agree to, subject to Massachusetts law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
The arbitrator will decide the rights and liabilities, if any, of you and Tour24, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Tour24. The arbitrator’s decision may be entered as a judgment in a court of competent jurisdiction.
You may only resolve disputes with Tour24 on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A
JUDGE OR A JURY, INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES SHALL BE RESOLVED BY ARBITRATION. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing us at support@tour24now.com and providing the requested information as follows:
(1) Your Name; (2) the URL of Terms of Use and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms by using the Services.
- Choice of Law; Forum Selection
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction in the United States District Court for the District of Massachusetts or in state court in Norfolk or Suffolk County, Massachusetts.
- Contacting Tour24
If you have any questions about these Terms, please contact Tour24 at support@tour24now.com.