Conditions of use

1. Purpose and Acceptance

These Terms of Use govern the relationship between ExperTours (hereinafter “ExperTours” or “the Platform”) and travel agencies wishing to become partners (hereinafter “the Agency” or “the Partner”).

By submitting a membership application, the Agency declares that it has read, understood and accepted these terms and conditions without reservation.

2. Membership process

2.1 Membership application

All membership applications are subject to approval by ExperTours. ExperTours reserves the right to accept or refuse any application, without having to justify its decision.

2.2 Checking information

The Agency undertakes to provide accurate, up-to-date and complete information. ExperTours reserves the right to request supporting documents (agency license, professional insurance, etc.).

3. Obligations of the Partner Agency

3.1 Licensing and legal compliance

The Agency warrants that it holds all licenses, permits and authorizations required to operate as a travel agency in its jurisdiction.

3.2 Professional insurance

The Agency undertakes to maintain valid professional liability insurance for the duration of the partnership.

3.3 Compliance with the quality charter

The agency is committed to meeting the quality standards defined by ExperTours and to offering a professional service to its customers.

4. Rates, commissions and payments

4.1 Commission structure

The applicable commission rates are communicated to the Agency after validation of its membership. These rates may vary according to :

• Reservation volume
• Type of services sold
• Our destinations
• Seasonality

4.2 Review of rates and commissions

ExperTours reserves the right to change its prices and commission rates with 30 days’ notice. Changes will be notified by e-mail to the registered address of the Agency.

4.3 Obvious pricing and commission errors

5. Responsibilities and Limitations

5.1 Responsibility of the Agency

The Agency is solely responsible for :

• Commercial relations with end customers
• The accuracy of information provided to customers
• Compliance with laws and regulations applicable in its jurisdiction
• Managing customer disputes

5.2 Responsibility of the Platform

ExperTours is committed to providing a quality service but cannot guarantee :

• Uninterrupted platform availability (maintenance, technical failures)
• Total absence of errors in the information displayed
• All offers are always available

5.3 Force majeure

Neither ExperTours nor the Agency shall be liable for non-performance of their obligations in the event of force majeure, including but not limited to: natural disasters, pandemics, war, strikes, network failures, acts of terrorism, or major regulatory changes.

6. Protection of Personal Data

The parties undertake to comply with the applicable laws on the protection of personal data, in particular :

• The Personal Information Protection and Electronic Documents Act (PIPEDA)
• Quebec’s Bill 25 (if applicable)
• The European RGPD for European customer data

6.1 Data processing

Each party is responsible for processing the data it collects and undertakes to :

• Collect only the data you need
• Secure data against unauthorized access
• Respecting the rights of those concerned
• Notify the other party in the event of a data breach

7. Intellectual Property

The Agency acknowledges that all elements of ExperTours (trademarks, logos, content, software) are the exclusive property of ExperTours or its licensors.

The Agency receives a limited, non-exclusive and revocable license to use these elements solely in the context of its activity as a partner.

8. Duration and termination

8.1 Duration

The partnership takes effect on the date of acceptance of the membership application and is concluded for an indefinite period.

8.2 Ordinary termination

Either party may terminate the partnership at any time by giving 30 days’ written notice to the other party.

8.3 Immediate termination

ExperTours may terminate the partnership immediately in the event of :

• Serious breach of these conditions
• Fraud or attempted fraud
• Illegal or unethical activities
• Loss of the Agency’s operating license
• Lack of professional insurance
• Damage to ExperTours’ reputation

8.4 Effects of termination

In the event of termination :

• Access to the Platform is immediately suspended.
• Commissions due up to the date of termination remain payable.
• The Agency must cease all use of ExperTours elements
• Confidentiality and non-solicitation clauses survive termination

9. Privacy

The Agency undertakes to keep confidential all commercial, technical and strategic information of ExperTours, including in particular :

• Tariff structures and commission rates
• ExperTours customer data
• Work processes and methods
• Information on suppliers and partners

This obligation of confidentiality remains in force for the duration of the partnership and for a period of 2 years after its termination.

10. Non-Solicitation

For the duration of the partnership and for a period of 12 months after its end, the Agency undertakes not to :

• Soliciting or hiring ExperTours employees
• Bypass ExperTours to deal directly with its exclusive suppliers
• Denigrate ExperTours to customers or third parties

11. Modifications to the Conditions

ExperTours reserves the right to modify these conditions at any time. Substantial modifications will be notified to the Partner Agencies with 30 days’ notice.

Continued use of the Platform after the entry into force of the modifications constitutes acceptance of the new conditions.

13. General provisions

13.1 Entire agreement

These terms and conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior agreements.

13.2 Divisibility

If any provision of these terms and conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13.3 Waiver

The failure of either party to enforce any provision of these terms and conditions shall not constitute a waiver of its right to do so at a later date.

13.4 Assignment

The Agency may not assign its rights or obligations without the prior written consent of ExperTours.