Terms and Conditions
Agreement between The Tour Guy and its users/clients.
These Terms and Conditions (“Terms”) govern access to and use of The Tour Guy (“TTG,” “we” or “us”) websites, including but not limited to https://thetourguy.com, https://theromanguy.com, (collectively, the “Site”), and services, including but not limited to vacation, event and accommodation booking, guided tours, and any other services and products offered on the Site (collectively, the “Services”), by Site visitors and individuals who contract for, pay for, or otherwise utilize the Services provided by TTG (“User(s)”). As used herein, the terms “The Tour Guy” and “TTG” shall refer to The Tour Guy, The Roman Guy. Users may be referred to in these Terms as “you” and “your” as applicable. For the avoidance of doubt, all references to the “Site” in these Terms also includes any Services offered through the Site.
1.2 Please check these Terms periodically for changes. TTG reserves the right to change these Terms without notice. Your continued use of this Site following the posting of any changes to the Terms constitutes acceptance of those changes
1.3 IMPORTANT NOTICE: THESE CONTAIN A BINDING ARBITRATION PROVISION AND WAIVER OF JURY TRIALS AND CLASS ACTIONS IN SECTION 26. PLEASE READ CAREFULLY.
4.2 The Tour Guy accepts the following credit cards: Mastercard, Visa, Discover, UnionPay, JCB, and American Express. All credit card processing fees are built into our prices, and TTG will not charge you any additional fees for credit card processing at checkout. Full payment by credit card is required to make a reservation. Payment will be listed as “The Tour Guy” on your credit card statement.
4.3 Subject to Paragraph 4.4. below, prices are fixed at the time of booking and generally will not be subject to surcharges; however, you may be required to cover any price increases resulting from actions by the government, institution, or organization that oversees and/or governs the tour location, or as a result of additions or changes to the exhibits at museums. Please note that while TTG always aims to avoid price increases, TTG reserves the right to charge Users additional amounts to cover such unexpected price increases.
4.4 Promo codes and special offers are subject to the explicit terms contained in the advertisement, email, or mailing for such codes and offers. Additionally, the following terms apply: (a) only one promo code may be used for a single booking; (b) promo codes may only discount the purchase price by the stated amount in the advertisement, email, or mailing, any additional inadvertent discount resulting from computer or human error will result in TTG requesting additional payment to cover the difference between the intended discount and unintended additional discount, and refusal by the User to pay the additional amount will result in cancellation of the booking; (c) Promo codes cannot be applied to Colosseum Underground and Colosseum Night Tours; (d) promo codes may only be used by the individual who was addressed as the recipient of the email or mailing that contained the promo code; and (e) promo codes may not be used on completed or past bookings.
4.5 Standard message and data rates may apply for any calls, text messages or e-mails with TTG. These would be charged by, and be payable by you, to your mobile service provider, or other internet or data provider. As mobile access, email delivery and text message delivery are subject to your carrier network availability, as such access and delivery is not guaranteed.
5.2 For all tours other than any tour which includes the Colosseum, including Rome in a day, TTG will make best efforts to accommodate a request to modify an existing booking without charging an additional fee, so long as the modification request is received by our Customer Care team more than twenty-four (24) hours in advance of the scheduled local start time of the tour. An additional fee will only be charged in the event that the request requires additional tickets to be purchased. For any tour that includes the Colosseum, including Rome in a day, modification requests must be made thirty-five (35) days prior to the date of the tour.
5.3 TTG reserves the right to cancel, change or substitute any tour that you have booked on the Site, at any time, for any reason.
6.2 For all small group tours and activities, except tours that includes the Colosseum, Rome in a day, or when tickets are sent to the user in advance, TTG will issue you a cash refund of your purchase price minus any cancellation fee, so long as the cancellation request is received by TTG at least twenty-four (24) hours before the start of the tour, as stated in your booking.
6.3 For any tour that includes the Colosseum, including Rome in a day, all cancellation requests must be submitted three (3) days prior to the date of the tour. Within three (3) days of tours that include a Colosseum ticket, including Rome in a day, bookings are non-refundable and non- transferable.
6.4 For private tours and activities, TTG will issue you a cash refund of your purchase price minus any cancellation fee, so long as the cancellation request is received by TTG at least seven (7) days before the local start time of the tour, as stated in your booking. For Private Vatican Tours, a €38 per person fee applies for cancellations made more than 7 days in advance to cover our costs for securing exclusive access. No refunds are available for any private tours canceled within 7 days of the start.
6.5 Bookings that include only unguided entry tickets—including Vatican Museums & Sistine Chapel Tickets, Skip the Line Paris Catacombs Tickets, and Colosseum, Forum, and Palatine Hill Access Plus Audio Guide — are nonrefundable from the time of purchase.
7.2 Credit vouchers and gift cards are not redeemable for cash value. Credit vouchers and gift cards are valid for 36 months from the date of receipt.
8.2 Tours that are more susceptible to sudden time changes include but are not limited to: any tour or Service relating to the Colosseum. If any scheduling changes are unacceptable to you and there are no viable alternatives, with the exception of any tour including the Colosseum and Rome in a day, TTG will offer you a cash refund of your purchase price.
12.2 It is your sole responsibility to book the correct number and type of travelers, including without limitation, the age of the travelers at the time of booking the tour or experience. Any incorrect or misrepresented guest information provided by you to TTG at time of booking could result in TTG having to charge you for additional fees in order to organize or make changes for the correct type of ticket for the tour or experience.
15.2 The information contained on the Site is for general informational purposes only. The information is provided by TTG, and, while we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Site or the information, products, services, or related graphics contained on the Site for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will TTG be liable for any loss or damage, direct or indirect, arising from or in connection with the use of the Site.
TTG reserves the right to remove content alleged to be infringing without prior notice and at its sole discretion. TTG may also terminate a User's account or access to the Site if the user is determined to be a repeat infringer. TTG's designated copyright agent for notice of alleged copyright infringement appearing on the Site can be reached at grievances@thetourguy.com.
25.1 Scope. This Section 25 is intended to be interpreted broadly and governs any and all disputes between TTG and Users, including but not limited to, claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before these Terms and claims that may arise after the termination of these Terms (“Claims,”). The only disputes excluded from this broad prohibition are the litigation of certain intellectual property disputes as provided below.
25.2 Pre-Arbitration Procedure. We hope that we can resolve any disputes with you without resorting to arbitration. If you have an issue or a complaint, you agree to contact us a grievances@thetourguy.com. before taking formal action in accordance with Paragraph 26.3. In your contact, please provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an Account). TTG agrees to use reasonable efforts to address your issue or complaint.
25.3 Binding Arbitration. If, after engaging in good faith negotiations, we cannot reach an agreed-upon solution with you within sixty (60) days, then either party may initiate binding arbitration as the sole means to resolve Claims (except as provided below) subject to these Terms set forth below. You agree that any and all Claims shall be resolved by binding arbitration in accordance with the Consumer Arbitration Rules, as applicable, of the American Arbitration Association (“AAA,”), having an address at 220 Davidson Avenue, 1st Floor, Somerset, New Jersey, 08873, or its successor. Information about AAA, including its rules and procedures, can be found at www.adr.org. If AAA, or its successor, is unable to arbitrate a particular Claim, then that Claim shall be resolved by binding arbitration pursuant to the rules and procedures of an equivalent organization as mutually agreed by the parties. The arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this agreement to arbitrate and the Terms, including but not limited to, any claim that all or any part of this agreement or the Terms is unenforceable. All fees charged by AAA, or its successor, shall be paid in accordance with the fee schedule under the Consumer Arbitration Rules, as applicable. All fees charged by any other equivalent organization as mutually agreed by the parties shall be paid in accordance with the rules and procedures of the equivalent organization. Arbitration awards may be enforced in any court of competent jurisdiction. The provisions of this paragraph shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., and shall survive settlement. EXCEPT AS MAY BE PROVIDED IN AAA'S CONSUMER DUE PROCESS PROTOCOL THAT ALLOWS CONSUMERS TO FILE CERTAIN CLAIMS IN SMALL CLAIMS COURT, YOU AGREE THAT YOU ARE GIVING UP YOUR RIGHT TO A TRIAL IN COURT, EITHER WITH OR WITHOUT A JURY.
25.4 Class Action Waiver. You and TTG expressly waive the right to file a class action or seek relief on a class basis. YOU AND TTG AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes
25.5 Intellectual Property Exclusion. Notwithstanding the parties' decision to resolve all disputes through arbitration, TTG may bring enforcement actions, validity determinations, requests for emergent relief, including temporary restraining orders or preliminary injunctions, or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in any state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights in the Site.
25.6 Survival. This Mandatory Arbitration, Waiver of Class Actions section shall survive any termination of your use of the Site.
25.7 Choice of Law. These Terms are governed by and construed in accordance with the laws of the State of New Jersey, U.S.A., without regard to its conflict of laws principles. Any action or proceeding by TTG to enforce these Terms under Section 26 shall be brought in a state or federal court located in New Jersey. User irrevocably submits to the exclusive jurisdiction of such courts and waives the defense of inconvenient forum to the maintenance of any such action.