Terms & Conditions | TQM Tours

Terms and Conditions

Effective Date: September 19, 2025

These Terms & Conditions (“Terms”) form a binding agreement between you and TQM Tours LTD (“TQM Tours,” “we,” “us,” or “our”). By using tqmtours.com (the “Website”) or booking any experience listed on the Website (each, a “Tour”), you agree to these Terms. If you do not agree, do not use the Website or book a Tour.

1) Our Role — Marketplace Only (No Transportation Provider)

TQM Tours is a marketplace and booking platform. We connect customers with independent, third-party drivers and guides (collectively, “Service Providers”). We do not own, operate, manage, or control any vehicles and we do not provide transportation or guiding services ourselves. We are not a common carrier, motor carrier, or transportation broker.

Licensed & Insured Providers. We contract only with Service Providers who represent and warrant that they hold all licenses, permits, and insurance required by applicable law for the services they offer. We may request proof of such credentials during onboarding and periodically thereafter; however, we do not guarantee the ongoing validity of any credential, and we are not responsible for any Provider’s failure to maintain them. You may request proof of license/insurance directly from the Service Provider.

2) Eligibility

  • You must be at least 18 years old and able to form a binding contract.
  • You are responsible for ensuring all guests meet age, health, and safety requirements for the Tour (e.g., riding horses, alcohol tastings, etc.).

3) Bookings & Payment

  • Pricing & Fees. Prices are listed per Tour and may exclude taxes/fees unless stated. Currency conversions and bank/FX fees are your responsibility.
  • Deposits & Prepayment. Some Tours require non-refundable deposits or full prepayment; such terms will be shown at checkout or on the Tour page.
  • Chargebacks. By booking, you authorize us (and our payment processors) to charge your payment method for the total due. Unauthorized or improper chargebacks may be disputed and you agree to reimburse us for related fees, costs, and reasonable attorneys’ fees if the chargeback is rejected.
  • Third-Party Processors. Payments are processed by third-party providers (e.g., Stripe/PayPal) subject to their terms; we do not store full card numbers.

4) Cancellations, Rescheduling & No-Shows

Each Tour lists its own cancellation terms. See our Cancellation & Rescheduling Policy for details.

  • General rule of thumb: Cancellations ≥24 hours before start may be eligible for a refund; cancellations <24 hours are non-refundable unless the Tour page states otherwise.
  • No-Shows & Late Arrival: If you or your party are late or fail to appear at the scheduled time/place, the booking may be forfeited and non-refundable.
  • Provider/TQM Cancellation: If a Tour is cancelled due to weather, safety, Provider unavailability, or other circumstances, you will be offered a refund or reschedule as your sole remedy.

5) Itineraries, Changes & Force Majeure

  • Itinerary Adjustments: Start times, routes, vehicles, guides, venues, and inclusions may change due to traffic, safety, capacity, weather, or operational needs. Comparable substitutions may be made without notice.
  • Delays: Traffic, road closures, and venue delays are outside our control. We are not responsible for missed connections, reservations, or incidental costs.
  • Force Majeure: We are not liable for any failure or delay caused by events beyond our reasonable control (including but not limited to severe weather, acts of God, government actions, strikes, epidemics, or infrastructure failures).

6) Guest Responsibilities & Conduct

  • Provide accurate booking details and comply with all laws and venue/Provider rules.
  • Safety: Wear seatbelts where provided; follow driver/guide instructions; do not engage in unsafe conduct.
  • Alcohol/Drugs: Illegal drugs are prohibited. Intoxicated guests may be refused service without refund. Local alcohol laws apply.
  • Property Damage: You are responsible for damage or excessive cleaning attributable to you or your guests; related costs may be charged to your payment method.
  • Additional Guests: Contact us at least 24 hours in advance to add guests; capacity, pricing, or insurance rules may restrict additions.

7) Provider Standards (Licensing & Insurance)

We connect customers only with independent Service Providers who represent and warrant they hold required professional licenses/permits and maintain appropriate insurance for the services they perform (e.g., commercial auto liability, where applicable). We may request proof at onboarding and periodically. TQM Tours does not guarantee any Provider’s qualifications, insurance limits, or compliance at all times. You may request proof directly from the Provider before your Tour.

8) Assumption of Risk

Travel and experiential activities carry inherent risks (e.g., transportation incidents, uneven terrain, weather, food/beverage sensitivities). By participating, you voluntarily assume all risks associated with the Tour to the maximum extent permitted by law.

9) Disclaimers

  • As-Is Platform: The Website and Tour listings are provided “as is” and “as available.” We make no warranties (express or implied) regarding accuracy, availability, or fitness for a particular purpose.
  • Third-Party Services: We do not control and are not responsible for the acts, omissions, vehicles, equipment, facilities, or services of any Service Provider or third-party venue.

10) Limitation of Liability

  • To the fullest extent permitted by law, TQM Tours (and our affiliates, officers, directors, employees, and agents) shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, loss of profits, data, goodwill, or other intangible losses, arising out of or relating to the Website or any Tour.
  • Our total liability for any claim shall not exceed the greater of (a) the amounts you paid to us for the specific booking giving rise to the claim, or (b) USD $100.
  • Nothing in these Terms limits liability that cannot be excluded by law.

11) Indemnification

You agree to defend, indemnify, and hold harmless TQM Tours and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Website or participation in a Tour; (b) your breach of these Terms; or (c) your violation of any law or third-party right.

12) Intellectual Property & User Content

  • All Website content (text, graphics, logos, images) is owned by or licensed to TQM Tours and protected by applicable IP laws. You may not reproduce or exploit content without our prior written consent.
  • If you submit reviews, photos, or other content, you grant TQM Tours a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, publish, and display such content for marketing and operational purposes, subject to our Privacy Policy.

13) Privacy

Your use of the Website is subject to our Privacy Policy, which describes how we collect and process personal information.

14) Suspension & Termination

We may suspend or terminate access to the Website or cancel a booking for actual or suspected breach of these Terms, fraud, safety concerns, or unlawful conduct.

15) Governing Law

These Terms are governed by the laws of the State of Illinois, without regard to conflict-of-law principles.

16) Dispute Resolution — Binding Arbitration; Class-Action Waiver

Please read carefully: Except for (i) small-claims matters and (ii) requests for injunctive/other equitable relief, all disputes arising out of or relating to these Terms, the Website, or any Tour shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The seat of arbitration is Chicago, Illinois. The language is English.

  • Class-Action/Jury Trial Waiver: You and TQM Tours agree to arbitrate on an individual basis only; no class, collective, consolidated, or representative actions or proceedings.
  • 30-Day Opt-Out: You may opt out of arbitration by emailing legal@tqmtours.com within 30 days of your first use or booking, stating your name, the email used on your account/booking, and that you opt out of arbitration. If you opt out, disputes will be resolved in the state or federal courts located in Chicago, Illinois, and you consent to jurisdiction there.

17) Miscellaneous

  • Assignment: You may not assign these Terms; we may assign them without restriction.
  • Severability: If any provision is unenforceable, the remainder remains in effect.
  • Entire Agreement: These Terms (plus policies referenced herein, including the Privacy Policy and Cancellation/Refund Policies) are the entire agreement between you and us.
  • Headings: For convenience only; they do not affect interpretation.
  • Survival: Sections that by their nature should survive termination do so (e.g., payments, disclaimers, limitation of liability, indemnification, dispute resolution).
  • Updates: We may modify these Terms at any time by posting an updated version with a new effective date. Continued use after posting constitutes acceptance.

18) Contact

Questions about these Terms?

Email: info@tqmtours.com
Phone: (872) 269-4049
Mailing Address: TQM Tours LTD, [Insert Business Address], Chicago, IL / Jalisco, Mexico

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