Clients & Users Master Terms of Service
This Clients & Users Master Terms of Service (the "Agreement") constitutes a legally binding contract entered into by and between Tourles (hereinafter referred to as the "Platform") and the entity or individual registering as a user, purchaser, or guest (hereinafter referred to as the "Client").
By executing the digital registration process, purchasing a ticket, or booking a service, the Client acknowledges, covenants, and agrees to be bound by the statutory, regulatory, and contractual provisions herein contained.
1. Scope of Digital Intermediary Services & Categorization
• Limited Intermediary Mandate: The Platform acts solely as a passive digital intermediary and technology provider. The Platform facilitates the Client’s discovery, purchase, and booking of electronic tickets (e-tickets) and reservations across four (4) distinct operational pillars managed by independent third-party operators (each a "Vendor"):
• Tickets: Access to event admission tickets, including General Admission and VIP options.
• Bespoke: Access to premium experiences, VVIP Hospitality packages, luxury excursions (including helicopter experiences), tailored itineraries, and curated activities.
• Shuttles: Point-to-point passenger transit services provided by independent transport operators.
• Glamping: Upscale outdoor accommodations provided by independent hospitality operators.
• Independent Provider Status: The Client acknowledges that all experiences, events, transit, and accommodations are owned, operated, and fulfilled entirely by independent third-party Vendors. No joint venture, principal-agent, or employer-employee relationship exists between the Platform and any Vendor.
• Exclusion of Operational Liability: The Platform exercises no managerial, possessory, or supervisory control over physical event venues, transport vehicles, aircraft, or glamping sites. The Platform accepts no liability for the quality, safety, or execution of the booked services.
• Client Presentation at Check-in: The Client must present a valid e-ticket or booking confirmation at the point of entry, boarding, or check-in for digital validation by the Vendor's staff.
2. Financial Architecture, Considerations, and Service Fees
• Remuneration and Service Fee: In consideration for the provision of the digital ticketing and booking infrastructure, all bookings are subject to a non-refundable service commission of 7.5% (seven and a half percent), inclusive of administrative costs.
• Price Inclusion: This 7.5% service fee is explicitly included within the total ticket or booking price displayed to the Client on the Platform. It is not added as an extra surcharge at the point of checkout.
• Fee Vesting: The 7.5% service fee is automatically computed, decoupled, and earned by the Platform at the exact point of sale via integrated API routing protocols.
3. Payment Processing Ecosystem and Escrow Segregation
• Gateway Integration: Payment processing services are handled exclusively via the C-Pay ecosystem, a third-party payment service provider.
• Bankruptcy-Remote Escrow Mechanics: All funds paid by the Client at the time of booking are routed directly into a secure, automated, non-interest-bearing C-Pay Escrow Account.
• Title to Funds: The Client acknowledges that the Platform maintains zero possessory title, access, or manual withdrawal rights over the funds resting within the escrow pool. The Platform does not act as a fiduciary or bailee of these funds.
• Disbursement Conditions Precedent: To protect the Client, the release of funds from the C-Pay Escrow Account to the respective Vendor is strictly contingent upon a contractually defined Condition Precedent: the successful completion and execution of the scheduled event, flight, transit, or accommodation stay.
• Payout Release Window: Upon successful completion of the experience, funds are transferred from the escrow pool to the Vendor’s bank account within 72 (seventy-two) hours after the event or experience has officially concluded.
4. Material Breach, Cancellation, and Force Majeure Postponements
• Cancellation Protocols: If an event, experience, shuttle service, or glamping booking is canceled or abandoned by the Vendor, the Client will be notified as soon as the Platform receives verification from the operator.
• Automatic Restitution and Reversal: Upon verified cancellation by the Vendor, the C-Pay Escrow Account mechanisms will trigger an automatic restitution protocol. This reverses the net face value of the booking directly back to the Client's original payment method.
• Non-Refundability of Platform Fees: Because the Platform's digital processing services are fully rendered at the point of purchase, the 7.5% service fee component remains non-refundable. Any recovery of the service fee component during a cancellation is subject to the refund policies established by the independent Vendor.
• Force Majeure: If an experience is postponed due to an act of God, war, civil unrest, weather conditions rendering travel unsafe, government mandate, or any supervening impossibility beyond reasonable control ("Force Majeure"), the Client’s funds shall remain frozen within the C-Pay Escrow Account until the rescheduled service is successfully executed.
5. Allocations of Risk: Customer Refunds & Chargebacks
• Dispute and Chargeback Policy: The Client agrees to address booking disputes directly with the Vendor before initiating a credit card reversal, payment dispute, or fraudulent transaction claim (collectively, "Chargebacks") through their bank.
• Escrow Holds for Client Protection: In the event of systemic fraud alerts or an elevated volume of consumer disputes regarding a specific Vendor, the C-Pay gateway and the Platform retain the right to freeze the escrow account to safeguard the Client's funds.
• Vendor-Approved Refunds: If a Vendor approves a voluntary refund to a Client prior to the date of the experience, the transaction will be processed directly via the C-Pay platform back to the Client.
6. Client Account Suspension and Termination
• Termination for Convenience: The Client may close their platform account at any time, provided they have no active, unfulfilled bookings or pending financial disputes.
• Immediate Suspension and Termination for Cause: The Platform reserves the right to immediately suspend or permanently terminate a Client’s account access without prior notice under the following conditions:
• Any material breach of this Agreement or violation of the laws of Lesotho.
• Reasonable suspicion of fraudulent activity, payment malfeasance, or e-ticket duplication.
• Abuse of the chargeback system or filing malicious, unfounded payment disputes.
• Disruption of the Platform's digital infrastructure or abusive behavior toward Platform staff or independent Vendors.
• Post-Termination Escrow Settlement: If a Client account is suspended or terminated for cause while active bookings exist, the associated funds in the C-Pay Escrow Account may be contractually frozen for up to one hundred and eighty (180) days to resolve pending chargebacks, vendor claims, or regulatory reviews.
7. Customer-Facing Dispute Resolution & Consumer Protection
• First-Line Vendor Responsibility: The Client acknowledges that the independent Vendor is their primary contractual partner for the experience. The Client must utilize the Vendor's provided contact channels to handle inquiries, booking changes, and service complaints directly.
• Escalation Protocol: If a consumer dispute cannot be resolved directly between the Client and the Vendor, the Client may escalate the issue to the Platform's support team for mediation assistance prior to the release of escrowed funds.
• Support Contact Channel & Filing Window: All formal escalations, dispute notices, and mediation requests must be submitted to the Platform via email at support@tourles.co.ls within a maximum window of 48 (forty-eight) hours following the scheduled completion or cancellation of the experience.
• Required Documentation: For an escalation to be contractually valid and processed by the support team, the Client’s email must explicitly include the Unique Booking ID, the digital receipt, and written or photographic proof of the unresolved issue with the Vendor.
8. Governing Law and Jurisdiction
• Applicable Legislation: This Agreement, including its formation, validity, interpretation, and performance, shall be governed exclusively by, and construed in strict accordance with, the statutory and regulatory laws of the Kingdom of Lesotho.
• Submission to Jurisdiction: The Client explicitly and unconditionally agrees that any legal action, formal dispute, suit, or judicial proceeding arising directly or indirectly out of this Agreement shall be brought exclusively before the competent courts of Lesotho.
9. Intellectual Property Rights
• Platform Ownership: All intellectual property rights in the Platform's application, website, digital architecture, software, layout, and original content published on it—including but not limited to copyrights, trademarks, software code, databases, and trade dress—are owned strictly by Tourles or its licensed partners.
• Third-Party Content: The Client acknowledges that certain promotional imagery, logos, descriptions, and media are the property of independent third-party Vendors or their respective licensors.
• Prohibited Use: The Client is granted a limited, personal, non-transferable, revocable license to access the Platform solely for browsing and making legal bookings. The Client may not copy, reverse-engineer, modify, distribute, reproduce, or otherwise use any platform or third-party intellectual property for commercial purposes without prior written consent from Tourles or the respective rightsholder.
10. Modification and Amendments of Terms
• Unilateral Right to Amend: The Platform reserves the absolute right, at its sole and unfettered discretion, to modify, amend, alter, or replace any portion of this Agreement at any time to reflect operational updates, changes in technology, or new statutory and regulatory requirements in Lesotho.
• Notification of Material Changes: In the event of a material amendment, the Platform shall notify the Client by posting the updated terms within the digital application, updating the "Last Revised" date at the top of the agreement, or sending a direct notification via the Client's registered email address.
• Implied Consent via Continued Use: The Client’s continued access to or use of the Platform following the publication of any modifications constitutes immediate, binding, and unconditional acceptance of the revised Agreement. If the Client does not agree to the amended terms, they must immediately cease using the Platform and close their account.
