PKtours Terms & Condions

PKTours offers a variety of tours, tickets and services (“products”) through its website (PKTours.com) and through designated partner websites (PKTours-affiliated websites’ for information on PKTours’ Affiliate programs).

Because our Terms & Conditions contain legal obligations, we encourage you to read them carefully. They form the basis on which bookings are accepted by PKTours.

Unless otherwise stated, purchases made through PKTours.com or any PKTours-affiliated website are subject to these Terms & Conditions; in all booking arrangements, the person making the booking shall be deemed to have accepted these conditions on behalf of the persons named in the booking.

No variation to these Terms & Conditions shall be of any effect unless made in writing by and with the authority of PKTours.

 

Terms of Use

1. By using PKTours.com or any PKTours-affiliated website, you agree to be legally bound by these terms, which shall take effect immediately.
2. If you do not agree to be legally bound by all the following Terms & Conditions, please do not access and/or use PKTours.com or a PKTours-affiliated website.
3. PKTours may change these Terms & Conditions at any time by posting changes online. Please review these Terms & Conditions regularly to ensure you are aware of any changes made by PKTours. Your continued use of PKTours.com or a PKTours-affiliated website after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
4. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use PKTours.com content (inclusive of text, images, URLs, pricing information, etc.) in any way except for your own personal, non-commercial use. Any other use of PKTours.com content requires the prior written permission of PKTours.
5. You agree to use PKTours.com and PKTours-affiliated websites only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of PKTours.com.
6. Your use of PKTours.com or any PKTours-affiliated sites is intended for personal, noncommercial use and/or to make legitimate requests to book the products or services offered. You agree not to use this site to make any speculative, false or fraudulent requests. You agree not to use robots or other automated means to access this site, unless specifically permitted by PKTours.

Product Validity, Modifications & Amendments

1. All products, tours and services offered by PKTours are valid as per the dates displayed at PKTours.com or any PKTours-affiliated website. PKTours is not responsible or liable for any information that it does not directly provide.
2. All requests for modifications/amendments must be directed to the PKTours Customer Care who will process the request.
   1. 8.1 PKTours does not charge a fee to amend or change the dates of an existing booking, as long as the request is received by our Customer Care team more than three (3) days ahead of your confirmed travel date.
   2. 8.2 It is not possible to change or modify a special event, theater or show ticket. Sales of these tickets are final and cannot be amended once your original purchase is confirmed.
   3. 8.3 All other date-change requests and amendments are subject to availability by our suppliers and/or service providers; PKTours cannot guarantee the success of any date-change request.
   4. 8.4 If you request a date change within three (3) days or less of your confirmed travel date, PKTours will attempt to honor your request; however changes made three days or less from your original travel date may attract an additional fee.
   5. 8.5 If you make a purchase using a PKTours promotion code, or if you accept a discount or special-offer price during the PKTours checkout process, you may invalidate your discount or special-offer price by making any changes or amendments to your itinerary once your purchase is complete. PKTours may decide, at its sole discretion, to honor your discount or special-offer pricing if you make a post-purchase change or amendment to your itinerary. However PKTours reserves the right to invalidate your discount or special-offer pricing if you make any changes to your confirmed itinerary.
3. Occasionally our suppliers and/or service providers make changes to tour dates, prices, inclusions, coverage, age requirements, etc. As a result, PKTours reserves the right to cancel, change or substitute any service, tour, ticket or product that you have booked at PKTours.com or through PKTours-affiliated websites, at any time, for any reason.
   1. 9.1 In such cases, if you are dissatisfied with the alternatives offered, you are entitled to a full refund of the original purchase price.
   2. 9.2 Notwithstanding the above, when we are informed in advance by our agents, service providers and/or suppliers of a significant change to a booking and/or to a tour, product or event, we make every reasonable effort to notify the consumer, travel agent and/or distributor as appropriate, in order to amend or re-issue the booking where feasible.

 

Pricing & Inclusions/Exclusions

1. Prices listed on PKTours.com and PKTours-affiliated websites are per person, unless otherwise specified.
2. Prices are based on the local tariff at the time of quoting, converted at the prevailing foreign-exchange rate as determined by PKTours.
3. Price quotations are subject to change without notice, until a booking has been confirmed.
4. Unless 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.
5. Prices do not include tips/gratuities to tour directors, drivers or local guides; passport and visa fees; baggage and personal insurance; any items of a personal nature; and any beverages or food not specifically listed under “Inclusions” on the product pages of PKTours.com or PKTours-affiliated websites.

 

Payments & Cancellations

1. PKTours accepts the following credit cards: Mastercard, Visa, American Express.
   1. 15.1 There is no charge or service fee for processing credit-card payments.
   2. 15.2 Full payment by credit card is required to make a reservation. Payment will be listed as PKTours on the credit card statement.
2. No refunds are available once a tour or service has commenced, or in respect of any package, accommodation, meals or any other services utilized.
3. Canceling a booking with PKTours can result in cancellation fees being applied by PKTours, as outlined below. Additional fees may be levied by the individual supplier/operator (see your PKTours Voucher for specific details). When canceling any booking you will be notified via email, facsimile or telephone of the total cancellation fees.
   1. 17.1 Event, Attraction, Theater, Show or Coupon Ticket
      These are non-refundable in all circumstances.
   2. 17.2 Gift Certificate
      These are non-refundable in all circumstances.
   3. 17.3 Tour or Package Commencing During a Special Event Period
      These are non-refundable in all circumstances. This includes, but is not limited to, Trade Fairs, Public or National Holidays, School Holidays, New Year's, Thanksgiving, Christmas, Easter, Ramadan.
   4. 17.4 Other Tour Products & Services
      If you cancel at least 7 calendar days in advance of the scheduled departure or commencement time, there is no cancellation fee.
      If you cancel between 3 and 6 calendar days in advance of the scheduled departure or commencement time, you will be charged a 50% cancellation fee.
      If you cancel within 2 calendar days of the scheduled departure or commencement time, you will be charged a 100% cancellation fee.

 

PKTours Vouchers

1. You will receive a personalized PKTours Voucher for each tour, event or service booked. In order to access and print your PKTours Voucher(s), you will be provided access to a secure webpage hosted by PKTours that contains a link to your PKTours Voucher(s).
2. You must provide the original, authentic PKTours Voucher to the appropriate service provider in order to redeem your tour, ticket, or package. Your reservation cannot be honored or redeemed without presenting a valid PKTours Voucher.
   1. 19.1 For security purposes, when redeeming your PKTours Voucher you must present a valid Photo ID and sign the PKTours Voucher. This is for identification purposes and helps us to prevent fraud.
   2. 19.2 In some cases PKTours also requires that you present the credit card used to purchase your tour or ticket at the time of redemption. This generally applies only to attraction and show tickets. This helps us to prevent credit-card misuse. You will be advised at checkout whether or not you must present the credit card used for booking. In some cases PKTours will waive this requirement, generally to facilitate gift purchases. However this requirement can only be waived by contacting PKTours’ Customer Care team once your booking has been confirmed, and any changes or amendments will be made at PKTours's sole discretion.
   3. 19.3 If you make a purchase using a PKTours Gift Certificate, PKTours requires that you present the Gift Certificate used to purchase your tour, ticket or package at the time of redemption.
   4. 19.4 Please note that your PKTours Voucher(s) can be confiscated - and immediately canceled without refund - if your signature and/or name do not match those shown on either your credit card or Gift Certificate.

 

PKTours Gift Certificates

1. PKTours Gift Certificates can only be redeemed on the PKTours.com website. PKTours Gift Certificates are redeemable against any product offered on the PKTours.com site.
2. PKTours Gift Certificates are valid for two (2) years from the date of initial purchase.
3. PKTours Gift Certificates remain valid until the entire value has been utilized or the expiry date has passed, subject to relevant local laws. If the value of the items you book is greater than your Gift Certificate, you can pay the balance using an acceptable credit card. If the value is less than your Gift Certificate, we'll store the balance in our database for you to use on another occasion. Note that your Gift Certificate, including any unused balance, expires two years after the date of issue, or as required by local law.
4. PKTours Gift Certificates are not redeemable for cash.
5. PKTours reserves the right to cancel Gift Certificates obtained fraudulently.
6. PKTours is not responsible for stolen or lost Gift Certificates.
7. All Gift Certificate sales are final. Gift Certificates are not refundable.

 

Passports, Visas & Insurance

1. It is the responsibility of all passengers, regardless of nationality and destination, to check with the consulate of the country they are visiting for current entry requirements.
2. As visa and health requirements are subject to change without notice, we recommend that you verify health and visa requirements with the appropriate consulate prior to departure.
3. We strongly recommend that you purchase a comprehensive Travel Insurance Policy prior to departure. If you cancel your trip or significantly alter travel dates, many policies will reimburse the cost of cancellation fees and related expenses.

 

Disclaimers & Limitations of Liability

1. Under no circumstances will PKTours or its agents, affiliates, service providers, suppliers, and/or distributors be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of PKTours.com regardless of the form of action.
2. PKTours and its agents and suppliers, in making arrangements for hotels, tours, transportation or any service in connection with the itineraries of individual customers, shall not be liable for injury, damage, loss, accident, delay or irregularity, liability or expense to person or property due to act of default by any hotel, carrier or other company or person providing services included in the tours.
3. Furthermore, PKTours and its agents and suppliers accept no responsibility for any sickness, pilferage, labor disputes, machinery breakdown, government restrains, acts of war and/or terrorism, weather conditions, defect in any vehicle of transportation or for any misadventure or casualty or any other causes beyond their control.
4. PKTours’ content - including the information, names, images, pictures, logos, prices, dates, and availability regarding or relating to PKTours, PKTours.com and/or to a PKTours-affiliated website, service provider, operator and/or distribution partner – is provided “AS IS” and on an “AS AVAILABLE” basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
5. At PKTours we check and recheck the details about all the products and services we offer for accuracy. However, PKTours does not warrant that functionality, content or information contained on PKTours.com or any PKTours-affiliated website will be uninterrupted or error free, that defects will be corrected, or that PKTours.com or the servers that make it available are free of viruses or bugs.
6. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

Acknowledgment and Acceptance of Terms of Service

PKA ("PKTours", "we" or "us") provides certain services (described below) on or through our website, www.PKTours.com (together with any related websites operated by PKTours, the "Site"). By using our Site, you agree to the following terms and conditions (the "Terms of Service"). These Terms of Service comprise the entire agreement between you and PKTours and supersede all prior agreements between the parties regarding the subject matter contained herein. In addition, when using particular services on or through the Site, you shall be subject to any posted policies and guidelines applicable to such services, including any terms or conditions applicable to services provided in conjunction with any of our content and service partners. All such rules and guidelines are hereby incorporated by reference into these Terms of Service. If you do not understand or agree with these Terms of Service, please do not use the Site or the PKTours Service (as defined below) and do not register to be a member of the Site. If you have any questions or concerns regarding these Terms of Service, please let us know by emailing us at support at PKTours.com. BY COMPLETING THE REGISTRATION PROCESS OR USING ANY PART OF THE PKTours SERVICE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. You may continue to use PKTours as long as you adhere to these Terms of Service.

Overview

The Site offers a multi-purpose service that allows you to plan your PKA event and invite friends and other members of the PKTours community, and to participate in community features such as discussion forums, and photo galleries, among other things (together with the Site, the "PKTours Service"). These Terms of Service apply to the PKTours Service. All content and services made available through the Site that were not made available as of the "Last Revised" date above, shall automatically be deemed to be part of the PKTours Service when first made available through the Site.

Eligibility

Use of the PKTours Service is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all the terms and conditions of these Terms of Service. You must be an individual of 13 years of age or older to register or use the Site. We strongly encourage parents and guardians to supervise the activity of all children under the age of 18 when using the Internet.

Privacy Policy

It is PKTours's policy to respect the privacy of its users. PKTours's policies with regard to personally identifiable information it collects from you, what information third parties affiliated with PKTours collect from you, and how that information is used is governed by the PKTours Privacy Policy.

License to Use and Access the PKTours Service

PKTours grants you a limited license to access and make personal use of this Site and the PKTours Service and not to download (other than page caching) or modify it, or any portion of it, except with PKTours's express written consent. The foregoing license does not include any resale or commercial use of this Site, the PKTours Service or its contents; any derivative use of this Site, the PKTours Service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This Site, the PKTours Service or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purposes without PKTours's express written consent. Use of the PKTours Service that constitutes abuse shall be determined by PKTours, in its sole discretion. PKTours reserves the right to terminate your account if PKTours determines you have not complied with these Terms of Service.

Restriction on Use of Content

You acknowledge that the PKTours Service may contain information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. The entire Content, taken together, is protected under PKTOURS. copyright laws as a collective work. Modification of the Content or use of the Content for any other purpose, including use of any such Content on any other web site or networked computer environment is strictly prohibited. Except as otherwise expressly authorized in writing in advance by us, you agree not to reproduce, redistribute, sell, modify, rent, lease, loan, adapt, translate, create derivative works based (whether in whole or in part) on, decompile, reverse engineer, disassemble, or otherwise reduce all or any part of the Site or the PKTours Service, including the Content.

The PKTours name and logo are trademarks of PKA Marketing, LLC. All other trademarks appearing on the PKTours Service are trademarks of their respective owners. Our partners may also have additional proprietary rights in the content which they make available through the PKTours Service. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the PKTours Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

Materials Submitted Through the PKTours Service

You are solely responsible for any data, text, software, sound files, images, photographs, graphics, video, messages, files, links or any other materials ("Materials") that are transmitted, posted, or distributed by you through the PKTours Service, including, but not limited to, the contents of your email communications, information, reviews, user ratings, photos or images posted by you to the Site. All Materials posted by you, are your sole responsibility. By posting Materials you represent and warrant that you own all right, title and interest to such Materials and any likenesses contained in such Materials.

PKTours does not control the Materials posted by users such as yourself via the PKTours Service and, as such, does not guarantee the accuracy, integrity or quality of such Materials. By using the PKTours Service you understand and agree that you may be exposed to Materials posted by other users that may be offensive, indecent or objectionable. Under no circumstances will PKTours be liable in any way for any Materials posted by any user or third party, including, but not limited to, liability for any errors or omissions in any Materials or for any loss or damage of any kind incurred as a result of the use of any Materials posted, emailed or otherwise transmitted via the PKTours Service. You agree that if you post any Materials through the PKTours Service, you automatically grant to PKTours, and its successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license, in and to the Materials, to use, distribute, display, modify, publish, adapt, redistribute, sublicense and reproduce such Materials to other users of the PKTours Service and to third parties with whom PKTours has a relationship. You also grant PKTours the right to authorize the downloading and printing in whole or in part of any Materials that you post to the PKTours Service.

Notwithstanding the foregoing, to the extent that any Materials contain creative suggestions, recommendations, reviews, ratings, ideas, notes, drawings, photos, graphics, data, text, images, messages or other information submitted to PKTours (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of PKTours. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, we shall exclusively own, and you assign to us, all right, title and interest in and to the Submissions of every kind and nature throughout the universe and we shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, in any form, medium or technology now known or later developed without compensation to the provider of the Submissions.

You acknowledge and agree that (a) we reserve the right (but have no obligation) to evaluate the Materials before allowing them to be posted on or through the PKTours Service or otherwise stored in connection with the PKTours Service; and (b) we may do one or all of the following, at our sole discretion: (i) monitor the submission of Materials; (ii) alter, remove, or refuse to post or allow to be posted or stored any Materials; and/or (iii) disclose any Materials or any communication through the PKTours Service, and the circumstances surrounding the transmission thereof, to (a) any third party in order to operate the PKTours Service, (b) comply with applicable laws, (c) respond to governmental inquiries or requests, (d) comply with valid legal process, (e) protect the rights, privacy, safety or property of PKTours, the Site visitors or the public, (f) permit us to pursue available remedies or limit the damages that we may sustain, and/or (g) enforce these Terms of Service.

Under no circumstances will we, or our employees, officers, directors, shareholders, agents, representatives or affiliates, be liable for any loss or damage caused by your reliance on Materials. The opinions expressed in reviews and user ratings reflect solely the opinions of the individuals who submitted such opinions, and may not reflect our opinions.

In addition, we have no control over, and shall have no liability for, any damages resulting from, the use (including without limitation republication) or misuse by any third party of information voluntarily made public through any part of the PKTours Service. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK.

Your privilege to use the PKTours Service depends on your compliance with the "Community Standards and Conduct" guidelines set forth in these Terms of Service. We may revoke your registration privileges and/or take any other appropriate measures to enforce these guidelines if violations are brought to our attention. Further, we may, in our sole discretion, terminate your account or participation in any feature of the PKTours Service for any reason.

Community Standards and Conduct

You acknowledge that all Materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Materials originated. This means that you are entirely responsible for all Materials that you post, email or otherwise transmit via the PKTours Service. We do not control all of the Materials posted via the PKTours Service and, as such, do not guarantee the accuracy, integrity or quality of such Materials. You understand that by using the PKTours Service, you may be exposed to Materials that are offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Materials, including, but not limited to, for any inaccuracies, errors or omissions in any Materials, or for any loss or damage of any kind incurred as a result of the use of any Materials posted, emailed or otherwise transmitted via the PKTours Service.

You agree not to:

• Post, transmit, or otherwise make available, through or in connection with the PKTours Service:
  • Anything that is or may be (a) unlawful, threatening, harassing, degrading, abusive, hateful or intimidating; (b) defamatory; libelous or invasive of another's privacy; (c) fraudulent or tortious; (d) vulgar, obscene, indecent, sexually explicit, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
  • Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense, including prostitution; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."
  • Any virus, worm, Trojan Horse, easter egg, time bomb, spyware, cancelbot, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
  • Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme", survey, contest, or investment opportunity, or any other form of solicitation, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise).
  • Any Materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
• Use the PKTours Service to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information, including email addresses, about users of the PKTours Service.
• Harm minors in any way.
• Impersonate any person or entity, including without limitation any of our officials, forum leaders, guides or hosts; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make.
• Interfere with or disrupt the operation of the PKTours Service or the servers or networks used to make the PKTours Service available; or violate any requirements, procedures, policies or regulations of such networks.
• Restrict or inhibit any other person from using the PKTours Service, including without limitation by hacking or defacing any portion of the PKTours Service; or disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the PKTours Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
• Use the PKTours Service to distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services without our express prior written consent; or use the PKTours Service in a commercial manner.
• Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of or access to the PKTours Service.
• Use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the PKTours Service any directory of PKTours’s users or usage information or any portion thereof other than in the context of your use of the PKTours Service as permitted under these Terms of Service.
• Attempt to gain unauthorized access to the PKTours Service, other accounts, computer systems or networks connected to the PKTours Service, through password mining or any other means.
• Remove any copyright, trademark or other proprietary rights notice from the PKTours Service or Content or Materials originating from the PKTours Service.
• Frame or mirror any part of the PKTours Service or Software without our express prior written consent; or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Materials transmitted through the PKTours Service.
• Create a database by systematically downloading and storing content from the PKTours Service.
• Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Dutch Securities and Exchange Commission.
• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Content or Materials from the PKTours Service or reproduce or circumvent the navigational structure or presentation of the PKTours Service.
• Engage in any other conduct which, in PKTours's sole discretion, is considered inappropriate, unauthorized or objectionable.

In addition, you agree to comply will all applicable laws, regulations, and ordinances as a condition of use of the PKTours Service.

In order to permit us to protect the quality of our products and services, you hereby consent to our employees and representatives being able to access your account and records for any reason, in our sole discretion. We also reserve the right, but do not assume the responsibility, to monitor or review your conduct while using the PKTours Service. Your use of the PKTours Service is subject to all applicable local, state, national and international laws and regulations.

Further, you acknowledge that you are responsible for obtaining or providing all access lines, telephone and computer equipment (including modem), or other devices, necessary to access the PKTours Service, and paying all charges related thereto.

No "Spamming"

You must not use any feature of the PKTours Service for chain letters, junk mail, or "Spamming" nor make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An e-mail advertisement that is (a) addressed to a recipient with whom you do not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you ("Spam" or "Spamming") is strictly prohibited by PKTours. If you use any feature of the PKTours Service for the purpose of sending Spam, PKTours reserves the right to immediately terminate your access to the PKTours Service and to seek appropriate legal recourse, as necessary. If you believe that other users are using the PKTours Service for Spam, please notify PKTours by emailing PKTours at support at PKTours.com.

Links to Third Party Sites

The PKTours Service may provide, or third parties may provide, links to other Internet websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials (collectively, "Third Party Materials") on or available from such sites or resources. You understand that you may be exposed to Third Party Materials that are offensive, indecent or objectionable. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Third Party Materials available on or through any such site or resource.

Your Contact with Advertisers or Third Party Vendors

Third parties other than PKTours and its affiliates may operate stores, provide services, advertise, or sell products on this Site. In addition, we may provide links to the sites of affiliates and certain other third parties. Your dealings with advertisers and third party vendors found on or through the PKTours Service, including your participation in promotions, the purchase of goods, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. PKTours does not make any representations or warranties with respect to any goods or Websites that may be obtained from such third parties, and you agree that PKTours will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on our Site or the actions of such third parties. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which PKTours has no control and which will govern your rights and obligations with respect to the use of those such third party’s product, services or Websites.

Product Descriptions

PKTours and its affiliates attempt to be as accurate as possible. However, PKTours does not warrant that product descriptions and other content on this Site is accurate, complete, reliable, current, or error-free.

Transactions with Organizations or Individuals

PKTours shall not be liable for your interactions with any organizations and/or individuals found on or through the PKTours Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. PKTours reserves the right, but has no obligation to become involved in or monitor disputes between you and organizations and/or individuals found on or through the PKTours Service.

Violation of Terms by Other Users

PKTours asks that you participate in ensuring that all users follow the terms and conditions of these Terms of Service by reporting any content that violate these Terms of Service. To report a violation of this Terms of Service, please email us atsupport at PKTours.com.

Indemnification

You agree to indemnify, defend and hold harmless PKTours, its parent company, subsidiaries, affiliates, officers, directors, employees, consultants, agents, successors and assigns from any and all third party claims, liability, damages, costs or demands, including, but not limited to, attorneys' fees, arising from (i) your use of the Site and/or the PKTours Service, including, but not limited to, all content therein and any products or services obtained by you through the Site and/or the PKTours Service, (ii) the violation of these Terms of Service by you, (iii) the infringement by you (or other user of the PKTours Service using your account) of any intellectual property or other right of any person or entity; or (iv) your violation of any applicable law or regulation.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT YOUR USE OF THE PKTours SERVICE IS AT YOUR SOLE RISK. THE PKTours SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PKTours EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO THE OPERATION OF THE PKTours SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED IN THE PKTours SERVICE. PKTours MAKES NO WARRANTY THAT THE PKTours SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE PKTours SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. PKTours MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PKTours SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PKTours SERVICE OR THAT DEFECTS IN THE EVITE SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT PKTours DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE PKTours SERVICE, INCLUDING, BUT NOT LIMITED TO, INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO PKTours FROM THIRD PARTIES OR MATERIALS PROVIDED BY OTHER USERS. PKTours ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF THE PKTours SERVICE, OR CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ADVERTISERS AND USERS) THROUGH THE PKTours SERVICE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL FROM THE PKTours SERVICE. PKTours MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE PKTours SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE PKTours SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PKTours OR THROUGH THE PKTours SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT PKTours SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF PKTours HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE (I) USE OR THE INABILITY TO USE THE PKTours SERVICE; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH PKTours OR A THIRD PARTY THROUGH THE USE OF THE PKTours SERVICE; (IV) INACCURACY OF ANY INFORMATION OBTAINED FROM USE OF THE PKTours SERVICE OR RELIANCE ON SUCH INFORMATION; OR (V) UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA. YOU SPECIFICALLY AGREE THAT PKTours IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE PKTours SERVICE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.

Termination and Modification of the PKTours Service

You agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or use of the PKTours Service, and remove and discard any Materials within the PKTours Service, for any reason, including, without limitation, for lack of use, or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. We will also terminate your account upon receiving reliable information involving your violation of any law, and will cooperate with law enforcement agencies on such matters. We may also, in our sole discretion and at any time, discontinue providing the PKTours Service, or any part thereof, with or without notice. You agree that any termination of your access to the PKTours Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account, and/or bar any further access to such files or the PKTours Service. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the PKTours Service.

We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify or discontinue the PKTours Service, including, but not limited to (i) restricting the time the PKTours Service are available, (ii) restricting the amount of use of the PKTours Service permitted, and (iii) restricting or terminating any user's right to use the PKTours Service, with or without notice; (b) charge fees in connection with the use of the PKTours Service; (c) modify and/or waive any fees charged in connection with the PKTours Service; and/or (d) offer opportunities to some or all users of the PKTours Service. You agree that neither we nor any of our affiliates, shall be liable to you or to any third party for any modification, suspension or discontinuance of the PKTours Service, in whole or in part, or of any service, content or feature offered through the PKTours Service.

Jurisdictional Issues

The Site is controlled and operated by PKTours from the Netherlands, and is not intended to subject PKTours to the laws or jurisdiction of any territory other than that of the Netherlands. PKTours does not represent or warrant that the PKTours Service or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Notices

PKTours may give notice to you by email, a posting on the Site, or other reasonable means. You must give notice to PKTours in writing via email or as otherwise expressly provided by PKTours. PKTours may broadcast, distribute or display notices or messages through the PKTours Service to inform you of changes to these Terms of Service, the PKTours Service, the Privacy Policy or other matters of importance. Such broadcast, distributions or displays of information shall constitute notice to you.

Governing Law and Other Miscellaneous Terms

These Terms of Service do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and PKTours.  You agree that any claim or cause of action arising out of your use of the PKTours Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any status of limitations or other law to the contrary. Within this period, any failure by PKTours to enforce or exercise any provisions of these Terms of Service or related right shall not constitute a waiver of that right or provision. If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. PKTours may assign these Terms of Service, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense these Terms of Service or any or all of your rights or obligations under these Terms of Service without PKTours's express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This is the entire agreement between you and PKTours relating to the subject matter herein and may not be modified by you. These Terms of Service will inure to the benefit of PKTours’s successors, assigns and licensees. Without limitation, you agree that a printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Modifications to These Terms of Service

PKTours reserves the right to amend these Terms of Service at its sole discretion and any modifications shall be effective immediately upon posting. We will announce any such change by posting the revised draft of these Terms of Service on the Site. You can determine when these Terms of Service were last revised by referring to the "Last Revised On" legend at the top of this page. By continuing to use the Site following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of these Terms of Service or any changes thereto, please do not continue using this Site.

 

Release of Liability by Participant

 

This Release concerns my participation in the Party Kings Tours (from here on identified as the PKT).

In consideration of my participation in the PKT, I hereby release and forever discharge PKT and all volunteers and personnel associated with PKT and its officers, board, and employees, jointly and severally from any and all actions causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating in the PKT.

This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist.

The provisions of any country law providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release are hereby expressly waived.

I hereby agree on behalf of my heirs, executors, administrators, and assigns, to indemnify the PKT and its officers, board and employees, joint and severally from any and all actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating in the PKT I further understand and agree that my participation in the PKT is not to be construed as an admission of any liability of and acceptance of assumption of responsibility by the PKT, its officers, board, and employees, jointly and severally, for all damages and expenses for which PKT, its officers, board and employees, become liable as a result of any alleged act by me.

I understand that I am encouraged to drink responsibly and I am encouraged to not drink to excess. I agree not to drive during or after the Pub Crawl after consuming alcoholic beverages.

I understand that rules in the center of Amsterdam prohibit the consumption of alcoholic beverages and (soft) drugs in public.

I understand that PKT strongly disallows the use of illegal drugs and will refuse participation to individuals who are suspected or caught possessing those substances. We reserve the right to deny participation to any person for any reason at any time.