Terms of Use
Last Updated: May 1, 2025
A warm welcome to XPO Tours!
We help users to research and book transportation
and travel experiences. However, we are not a travel or tour agency, and we do
not provide such experiences ourselves. When you make a booking, you will be
purchasing a transfer, tour or other experience directly from one of our
recommended and trusted third-party suppliers.
These Terms of Use apply to any use of
our services. Please read these Terms of Use carefully, as they contain
important information concerning your legal rights and limitations on these
rights, as well as a section regarding applicable law and jurisdiction of
disputes. By accessing or using our booking services, you are indicating that
you have read these Terms of Use and agree to be bound by them. If you do not
agree with all these Terms of Use, you are not permitted to access or use the
services.
Introduction
1.1 These terms of use set out the
terms on which XPO Tours, together with certain specified affiliates and
subsidiaries: "XPO Tours", "we", "us,
"our") provides services (the "Services") through our
booking platform (the "Platform") as may be made available
through our website, together with all related domains, white label and
affiliate sites, mobile properties and related applications, collectively
referred to as the "Website") and over the telephone. When we
refer to "you", we mean any person that accesses or uses the
Services. XPO Tours is not a travel, transportation or tour agency, nor is it a
supplier of tours, transportation, activities or other experiences. When you
make a booking, you are using the Platform to contract with one of our
carefully selected and recommended third party suppliers.
1.2 These Terms of Use govern your
relationship with us in respect of your use of the Services, including any
bookings that you make of any tour, ticket, transportation, attraction,
activity and/or experience (described in these Terms of Use as an "Experience")
that is advertised on the Website and is made available by a third-party
supplier (each, a "Product").
1.3 By using or accessing the Services, or by
booking a Product ("Book", "Booking"), you agree to be
bound by these Terms of Use without modification and represent that you have
read and understood them. In all Booking arrangements, the person making the
Booking is deemed to have accepted these Terms of Use on behalf of all
individuals included in the same Booking.
1.4 We may update or otherwise modify these
Terms of Use at any time, and you understand and agree that your continued
access to or use of the Services after such changes signifies your acceptance
of the updated Terms of Use. We will note the date of the most recent updates
at the top of this page, and the updated Terms of Use will take effect upon
posting. It is your responsibility to revisit this page periodically to review
the most current version. If you do not accept any changes to the Terms of Use,
you may not continue with your booking.
1.5 THE WEBSITE MAY CONTAIN
TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE
TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY,
RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NONINFRINGEMENT.
Use
of the Services
2.1 As a condition of your use of the
Services, you represent and warrant that (i) all
information supplied by you during your use of the Services is true, accurate,
current and complete, and (ii) you are 13 years of age or older in order to use the Website. We do not knowingly collect the
information of anyone under the age of 13.
2.2 Your use of the Services is
permitted only for personal, non-commercial use and/or to make legitimate
requests to make a Booking of the Products offered. You agree not to use this
Services to make any speculative, false or fraudulent requests or Bookings.
2.3 We retain the right at our sole
discretion to deny access to the Services to anyone at any time and for any
reason, including, but not limited to, for violation of these Terms of Use.
Electronic
Communications
3.1 When you use the Website, or send emails,
text messages, or other communications from your desktop or mobile device to
us, you are communicating with us electronically and agree that we may
communicate with you in various ways, such as via email or messaging services.
We may also send you messages, including those related to any upcoming
Bookings.
Links
to Third Party Websites
4.1 The Website may contain hyperlinks
to websites operated by parties other than XPO Tours ("Third Party
Sites". Such hyperlinks are provided for your reference only. Their
presence on the Website does not signify any endorsement by XPO Tours of the
material on such Third-Party Sites nor any association with their operators.
4.2 We do not control Third Party
Sites and are not responsible for their contents, or the privacy or other
practices of those that own and operate them.
4.3 It is your responsibility to
ensure that whatever hyperlinks you select and/or software you download
(whether from the Website or Third-Party Sites, and including Software are free
of Viruses.
Copyright
and Trademark Notices
5.1 Excluding Third Party Content, the
Website and all content of the Website including, but not limited to, all
visual interfaces, interactive features, custom graphics, design, computer
code, products, software, compilation of other content (such as compilation of third-party
content), and other elements and components of the Website are owned by XPO
Tours. All rights reserved. XPO Tours is not responsible for content on
websites operated by parties other than XPO Tours. All other product or service
names or slogans displayed on the Website (including those of the Products) are
registered and/or common law trademarks of XPO Tours. and/or its suppliers or
licensors, and may not be copied, imitated or used, in whole or in part,
without the prior written permission or the applicable trademark holder. In
addition, the look and feel of the Website, including all page headers, custom graphics,
button icons and scripts, is the service mark, trademark and/or trade dress of XPO
Tours and may not be copied, imitated or used, in whole or in part, without the
prior written permission of XPO Tours. All other trademarks, registered
trademarks, product names and company names or logos mentioned on the Website
are the property of their respective owners. Reference to any products,
services, processes or other information, by trade name, trademark,
manufacturer, supplier or otherwise does not constitute or imply endorsement,
sponsorship or recommendation thereof by XPO Tours.
5.2 XPO Tours operates on a “notice
and takedown” basis. If you have any complaints or objections to Content, or if
you believe that material or content posted on the Services infringes a
copyright that you hold, please send us an official email and follow the
Copyright Complaint Policy standards. Once this procedure has been followed, we
will respond to valid and properly substantiated complaints by making all
reasonable efforts to remove manifestly illegal content within a reasonable
time.
Products
and Booking Reservations
6.1. We provide the Platform through
which you can enter into a contract with a third-party
supplier of a Product ("Supplier"). We are not a supplier of
any Product, and your contract for supply of any Product you Book will be
directly between you and the applicable Supplier.
6.2. Suppliers may be businesses or
consumers. If you are a consumer resident in the UK or EU, and the Supplier you
contract with is also a consumer, please note that you will not be able to
enforce any consumer rights against that Supplier.
6.3. In respect of each Booking, XPO
Tours acts as a disclosed agent on behalf of the Supplier, meaning that a
Product listing represents an invitation to you to make an offer to a Supplier,
and that we are free to accept or reject such offer on behalf of that Supplier.
These Terms of Use govern your use of the Services, which includes your use of
the Platform through which you may make such an offer to a Supplier. However,
the provision of the Product you Book will be subject to the terms and
conditions displayed on the Website in respect of such Product, any information
made available to you during the Booking process, and the terms and conditions
of the Supplier with whom you have a legal contract for the supply of the
Product. If you have a question about a Product that is not answered in the
information on the Website and where the answer to your question may influence
whether you would like to proceed to Book, it is your responsibility to contact
us prior to making a Booking and to obtain an answer to your question. Once you
have made a Booking, you are subject to the cancellation policy as stated in
the Product listing.
6.4. If you make a Booking, you agree
to review and be bound by the applicable Supplier's terms and conditions and
any other rules or policies related to the Product (the "Reservation
Specifics").
Notwithstanding the foregoing, to the extent that the Reservation
Specifics conflict with
these Terms of Use in respect of your legal relationship with us, these Terms
of Use shall prevail. Your interactions with Suppliers are at your own risk. We
will have no liability with respect to the acts, omissions, errors,
representations, warranties, breaches or negligence of any Supplier or for any
personal injuries, death, property damage, or other damages or expenses
resulting from your interactions with any Supplier.
6.5 We are not a travel agency and do not
provide or own any Experiences. Although we provide the Website with
information about recommended Products and facilitate Bookings, you agree that
XPO Tours is not responsible for the accuracy or completeness of information
obtained from Suppliers and/or displayed on the Website.
6.6 By making a Booking, you warrant
that you are at least 18 years of age, that you possess the legal authority to
enter into both this binding agreement and a binding agreement with the
Supplier, to use the Services, to purchase the Product, and that all
information you supply is true and accurate. You further agree that you will
use the Platform to make only legitimate Bookings for you and/or others for
whom you are legally authorized to act.
Pricing
7.1 The price of each Product will be
quoted on a per-person basis, unless otherwise specified.
7.2 All prices are based on U.S. Dollars (USD)
and may be converted to the client’s local currency depending on their selected
method of payment.
7.3 Price quotations are subject to
change without notice, until a Booking has been made.
7.4 Unless the Supplier has otherwise
specified, prices do not include any local taxes or use-fees, including foreign
departure, security, port charges, park fees, customs, immigration,
agricultural, passenger-facility charges or international transportation tax.
7.5 Inclusions are determined by the
Supplier. Prices do not include tips/gratuities; baggage and personal
insurance; any items of a personal nature; taxes or duties; and any beverages
or food not specifically stated as included by the Supplier.
Payments
8.1 When you make a Booking, XPO Tours
or OrangeBlue will collect your payment information
and will process your payment. In doing so, XPO Tours or OrangeBlue
acts as the limited payment collection agent of the Supplier, collecting your
payment for the applicable Product(s) on behalf of such Supplier. Full payment
by credit or debit card is required to make a Booking, unless otherwise
specified. The payee may be referenced as XPO Tours / OrangeBlue
on your statement.
8.2 The value of your Booking may be
subject to taxes, duties, foreign transaction, currency exchange or other fees.
Your bank or payment card company may convert the payment into the local
currency and may charge fees, resulting in differences between the amount
displayed through the Platform, and the final amount charged to you. We
recommend that you contact your bank or card company if you have any questions
concerning any applicable currency conversion or fees.
Modifications
or Cancellations by You
9.1 Once a Product has been purchased,
your Booking cannot be changed by you or cancelled with a refund, unless
otherwise stated in the terms and conditions applicable to such Product. If you
request that any element of your Booking is changed (including but not limited
to your pick-up location or time), you acknowledge that it is entirely at the
applicable Supplier’s discretion as to whether to accommodate your request. It
is your responsibility to be at the meeting place at the time and date
communicated on your Booking. In the case of certain Products, exact locations
and times will be communicated to you after your Booking is made by the
applicable Supplier via email and/or messaging service. It
is your responsibility to check such messages on the evening prior to your
booked experience, as outlined in the Booking, and to be at the designated
meeting place at the time and date communicated by the Supplier. If you are not at such meeting point
at the required time, the Supplier may offer to accommodate you at an
alternative time and date. However, the Supplier shall be under no obligation
to do so, and your failure to be at the communicated meeting point at the
required time may result in your Booking being classified as a “no show”,
meaning that you will not be entitled to any refund or to being rebooked.
9.2 The standard cancellation policy
allows you to request a change to and/or cancel a Booking up until 48 hours
before the start time of the Booking; or if the Experience does not have an
explicit start time, the deadline to request a change or to cancel will
generally be 11:59pm, two days before the start date. Timings are calculated in
accordance with the time zone of the Experience. For a
cancellation to be effective, it must be made directly through XPO Tours via
email or messaging service, and it is only considered confirmed once you have
received the official Cancellation Confirmation. Please retain this
confirmation as proof of your cancellation.
9.3 If any Product is designated as
'All Sales Final' or with materially similar messaging (which includes but is
not limited to all group bookings booked through our Group Bookings
Department), it is non-refundable, and it will not be possible to change or
cancel it after making a Booking. A minority of Products have other, different
cancellation policies. In all circumstances, you must check the
cancellation policy contained in the applicable Product listing at the time of
your Booking, which is the policy that will apply to and govern the terms of
your cancellation and any refunds.
9.4 Notwithstanding Sections 9.2 and 9.3,
(a) requests for modifications and amendments to a Booking, including date
change requests (collectively, a "Change Request") must be
made online via email or messaging service. Please note that a Supplier may
charge a fee to accommodate a Change Request; in such circumstances, you will
be required to pay such fee in order that we can successfully process your
Change Request.
9.5 All Change Requests are subject to the
availability and approval of the applicable Supplier. We do not guarantee the
success of any Change Request, and it will only be considered successful once
it has been accepted and you have received a new voucher. If the Supplier is
unable to accept the Change Request, your right to a refund (if any) will be
governed by the cancellation terms of your Booking. It is your responsibility
to cancel a Booking before the applicable cancellation deadline, even if you
are awaiting a Supplier’s response to a Change Request.
9.6 If you make a Booking using a
promotion code, or if you accept a discount or special-offer price during the
check-out process, you may invalidate your discount or special-offer price by
making a Change Request after Booking.
Other
Modifications and Cancellations
10.1 Occasionally a Supplier may make
a change to a Product after your purchase, including but not limited to the
date, price, inclusions, coverage, age requirements, and/or any other Product
features and/or requirements. As a result, XPO Tours (acting on the Supplier’s
behalf), reserves the right to cancel, change or substitute any Product that
you have purchased, at any time, for any reason. If the change proposed by the
Supplier is material (for example, a change in dates and/or a significant
change to the itinerary), and you are dissatisfied with the alternative that is
offered, you will be entitled to a refund.
10.2 We may, at our sole discretion, determine
that it is necessary or desirable to withdraw our Services in
order to protect our interests, the Supplier’s interests, and/or your
interests. This may result in an override of the Product’s cancellation policy
and the effective cancellation of a Booking. We may also, at our sole
discretion, choose to issue a partial or full refund of the amounts charged to
you. You agree that neither we nor the applicable Supplier shall be held liable
for such cancellations or refunds.
Travel
Insurance
11.1 We strongly recommend that you purchase a
comprehensive travel insurance policy prior to departure to protect your
Product purchase. If you cancel or become ill during your trip, resulting in
the loss of your Booking or significant changes to your travel dates, your
travel insurance policy may reimburse you for cancellation fees and related
expenses. Please review your travel insurance policy carefully for its specific
terms and conditions.
Our
Liability
12.1 PLEASE READ THIS SECTION
CAREFULLY. THIS SECTION LIMITS XPO TOURS'S LIABILITY TO YOU FOR ISSUES THAT MAY
ARISE IN CONNECTION WITH YOUR USE OF THE SERVICES.
12.2 THE INFORMATION, CONTENT,
SOFTWARE, PLATFORM, AND SERVICES PUBLISHED ON OR OTHERWISE PROVIDED VIA THE
SERVICES (INCLUDING, WITHOUT LIMITATION, THOSE CREATED OR POWERED BY AI) MAY
INCLUDE INACCURACIES OR ERRORS, INCLUDING IN RELATION TO RESERVATION AVAILABILITY
AND PRICING ERRORS. XPO TOURS, ITS PARENT, SUBSIDIARIES AND CORPORATE
AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR,
ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF
THE PRODUCTS AND OTHER SERVICES (INCLUDING, WITHOUT LIMITATION, THE PRICING,
AVAILABILITY, PHOTOGRAPHS, FEATURES, INCLUSIONS AND EXCLUSIONS, GENERAL PRODUCT
DESCRIPTIONS, REVIEWS AND RATINGS, ETC.). IN ADDITION, XPO TOURS EXPRESSLY
RESERVES THE RIGHT TO CORRECT ANY AVAILABILITY AND OBVIOUS PRICING ERRORS
AND/OR ON BOOKINGS MADE UNDER AN OBVIOUSLY INCORRECT PRICE.
12.3 XPO TOURS MAKES NO GUARANTEES REGARDING THE
SUITABILITY OF THE INFORMATION, CONTENT, SOFTWARE, PLATFORM, PRODUCTS, OR
SERVICES FOR ANY PARTICULAR PURPOSE. WHILE CERTAIN TOURS OR SERVICES MAY BE
HIGHLIGHTED OR RECOMMENDED BASED ON USER REVIEWS, POPULARITY, OR INTERNAL
ASSESSMENTS, SUCH RECOMMENDATIONS ARE PROVIDED FOR GENERAL INFORMATION ONLY AND
DO NOT CONSTITUTE A WARRANTY, GUARANTEE, OR ENDORSEMENT OF ANY KIND. ALL
INFORMATION, CONTENT, SOFTWARE, PLATFORM, PRODUCTS, AND SERVICES ARE PROVIDED
“AS IS,” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, XPO TOURS DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NON-INFRINGEMENT, AND THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
12.4 THE SUPPLIERS ARE INDEPENDENT CONTRACTORS
AND ARE NOT AGENTS OR EMPLOYEES OF XPO TOURS. WHILE CERTAIN SUPPLIERS OR
EXPERIENCES MAY BE FEATURED OR RECOMMENDED BASED ON USER RATINGS OR CURATION
CRITERIA, SUCH HIGHLIGHTING DOES NOT IMPLY ANY ENDORSEMENT OR GUARANTEE. XPO
TOURS IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS,
WARRANTIES, BREACHES, NEGLIGENCE, OR MISCONDUCT OF ANY SUPPLIERS, NOR FOR ANY
PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES ARISING
FROM ANY BOOKING OR USE OF A PRODUCT. XPO TOURS SHALL NOT BE LIABLE FOR, NOR
OBLIGATED TO PROVIDE REFUNDS IN THE EVENT OF, DELAY, CANCELLATION, OVERBOOKING,
STRIKE, FORCE MAJEURE, OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, INCLUDING ANY
ADDITIONAL EXPENSES, DELAYS, RE-ROUTING, OR ACTIONS BY GOVERNMENTS OR
AUTHORITIES.
12.5 IN NO EVENT SHALL XPO TOURS (OR
ANY OF THEIR OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES
(INCLUDING WITHOUT LIMITATION LOSS OF DATA OR INFORMATION OR COSTS TO PROCURE
SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A
PRODUCT OR A BOOKING, OR YOUR ACCESS TO, DISPLAY OF OR USE OF THE SERVICES
WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR
OTHERWISE, AND EVEN IF XPO TOURS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
12.6 If any XPO Tours is found liable
for any loss or damage that arises out of or is in any way connected with your
use of the Services or with a Booking or use of a Product, then XPO Tours
liabilities will in no event exceed, in the aggregate, the greater of (a) the
sum paid to XPO Tours in respect of the Booking giving rise to the claim, or
(b) one hundred dollars (US $100.00).
12.7 The limitation of liability set
forth in this Section 12 reflects the allocation of risk between the parties.
The limitations specified in this Section will survive and apply even if any
limited remedy specified in these Terms of Use is found to have failed of its
essential purpose. The limitations of liability provided in these Terms of Use
inure to the benefit of XPO Tours.
12.8 These Terms of Use and the
foregoing liability disclaimer do not affect mandatory legal rights that cannot
be excluded under applicable law, for example, under consumer protection laws
in place in certain countries. In the UK and EU, this includes liability for
death or personal injury caused by our negligence or the negligence of our
employees, agents or subcontractors, and for fraud or fraudulent
misrepresentation. If you are a consumer in the UK or the EU, this Agreement
does not exclude any liability for losses and damages caused by a breach of any
duty to act with reasonable care and skill or by a breach of this Agreement,
provided that the resulting damages were foreseeable when the obligations
arose.
Your
Liability
This Section 13 (Indemnification) does
not apply to consumers who are resident in the UK or EU.
You agree to defend and indemnify XPO
Tours and all of its respective officers, directors, employees and agents from
and against any claims, causes of action, demands, suits, proceedings,
investigations, losses, damages, fines, penalties, fees, expenses, costs and
any other liabilities of any kind or nature including but not limited to
reasonable legal and accounting fees, arising out of or related to: a. your
breach of these Terms of Use or the documents referenced herein; b. your
violation of any law, rule, regulation or guideline; c. your violation,
infringement or misappropriation of the rights of a third party, including
without limitation any rights of publicity or privacy; d. your use of the
Services (including the Website); e. your Booking or use of any Product; or f.
your negligence or willful misconduct.
XPO
Tours Vouchers
14.1 You will receive a XPO Tours
voucher (or, alternatively a voucher from the Supplier) (in each case, a "Voucher")
for each Service you Book, with such Voucher being issued on behalf of the
applicable Supplier.
14.2 You must provide the original,
authentic Voucher to the applicable Supplier in order to
redeem your Product. Your Booking cannot be honored or redeemed without
presenting a valid Voucher. Ensure you read the terms and conditions relating
to your Booking in order to understand what will be
required by the Supplier by way of Voucher presentation.
14.3 For security purposes, when
redeeming your Voucher, you must present a valid photo ID.
15.
Updates to these Terms of Use; Modifications
15.1 Terms of Use: XPO Tours may
change, add or delete these terms and conditions of these Terms of Use or any
portion thereof from time to time in its sole discretion (or in its reasonable
discretion for consumers resident in the UK or EU) where we deem it necessary
for legal, general regulatory and technical purposes, or due to changes in the
Services provided or nature or layout of Services. Thereafter, you expressly
agree to be bound by the terms and conditions of these Terms of Use as amended.
15.2 Modifications: XPO Tours may
change, suspend or discontinue any aspect of the Services at any time,
including availability of any of the Services’ features, databases or User
Content, at any time, without any cost to you, including: (a) to ensure
compliance with applicable laws and/or reflect changes in relevant laws and
regulatory requirements, such as mandatory consumer laws; (b) to perform
temporary maintenance, fix bugs, implement technical adjustments, for
operational purposes or make improvements, such as adapting the Services to a
new technical environment, transferring the Services to a new hosting platform,
or ensuring Service compatibility with the devices and software (as updated
from time to time); (c) to upgrade or amend the Services, including releasing
new versions of the websites on certain devices or otherwise amending or making
modifications to existing features and functionality; (d) to alter the
structure, design or layout of the Services, including changing the name of or
re-branding the Services, or amending, improving and/or expanding the features
and functionalities available; and (e) for security reasons.
Jurisdiction
and Governing Law
16.1 The Services are provided by a
U.S. entity and these Terms of Use is governed by the laws of Miami, Florida,
USA. You hereby consent to the exclusive jurisdiction and venue of courts in Miami,
Florida, USA and stipulate to the fairness and convenience of proceedings in
such courts for all disputes arising out of or relating to the use of the
Services. You agree that all claims you may have against XPO Tours arising from
or relating to the Services must be heard and resolved in a court of competent
subject matter jurisdiction located in Miami, Florida.
16.2 Use of the Services is
unauthorized in any jurisdiction that does not give effect to all provisions of
these terms and conditions, including, without limitation, this paragraph. The
foregoing shall not apply to the extent that applicable law in your country of
residence requires application of another law and/or jurisdiction and this
cannot be excluded by contract.