Viator Terms of Use

1.1 These terms of use, together with the Privacy Policy (collectively, the “Terms of Use”) set out the terms on which Viator, Inc. (a Delaware corporation, together with certain specified affiliates and subsidiaries: “Viator”, “we”, “us, “our”) provides services (the “Services”) through Viator’s booking platform (the “Platform”) as may be made available through our website (www.viator.com, together with all related domains, white label and affiliate sites, mobile properties and related applications, collectively referred to as the “Website”) and over the telephone. When we refer to “you”, we mean any person that accesses or uses the Services. Viator is not a travel or tour agency, nor is it a supplier of tours, activities or experiences. When you make a booking, you are using the Platform to contract with third party suppliers.

1.2 If you wish to contact Viator, please visit our Viator Customer Care page giving information about ways to contact us. You can also write to us at the following address: Viator, Inc., 400 1st Avenue, Needham, MA 02494, USA.

1.3 These Terms of Use govern your relationship with us in respect of your use of the Services, including any bookings that you make of any tour, ticket, attraction, activity and/or experience (described in these Terms of Use as an “Experience”) that is advertised on the Website and is made available by a third party supplier (each, a “Product”).

1.4 By using or accessing the Services, by booking a Product (“Book”, “Booking”), and/or creating an account on the Website (a “Viator Account”), you agree to be bound by these Terms of Use without modification, and you represent that you have read and understood them. In all Booking arrangements, the person making the Booking shall be deemed to have accepted these Terms of Use on behalf of all the persons named in the Booking.

1.5 We may update or otherwise modify these Terms of Use at any time, and you understand and agree that your continued access or use of the Services after such change signifies your acceptance of the updated Terms of Use. We will note the date that updates were last made to the Terms of Use at the top of this page, and the updated Terms of Use will take effect upon posting. It is your responsibility to return to this page periodically to review the most current version of the Terms of Use.

1.6 THE WEBSITE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

2.1 As a condition of your use of the Services, you represent and warrant that (i) all information supplied by you in the course of your use of the Services is true, accurate, current and complete, and (ii) you are 13 years of age or older in order to use the Website. Viator does not knowingly collect the information of anyone under the age of 13.

2.2 Your use of the Services is permitted by Viator only for personal, non-commercial use and/or to make legitimate requests to make a Booking of the Products offered. You agree not to use this Services to make any speculative, false or fraudulent requests or Bookings.

2.3 You further represent and warrant that you (a) are not currently suspended and have not previously been banned by Viator from using the Services; (b) are not acting on behalf of a competitor of Viator; (c) will not create more than one Viator Account; and (d) have full power and authority to enter into this legally binding agreement and in doing so will not violate any other agreement to which you are a party.

2.4 We retain the right at our sole discretion to deny access to the Services to anyone at any time and for any reason, including, but not limited to, for violation of these Terms of Use.

2.5 In accessing or using the Website, you may be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. Viator does not endorse such content, and cannot vouch for its accuracy. You therefore access and use the Website at your own risk.

3.1 You may need to create a Viator Account and provide information about yourself in order to use some of the features on the Website and other Services, including when you make a Booking. You are responsible for maintaining the confidentiality of your Viator Account password and log-in credentials (“Viator Account Credentials”). You are also solely responsible for all activities (including Bookings) that occur in connection with your Viator Account. You agree to notify us immediately of any unauthorized use of your Viator Account.

3.2 Your Viator Account is for your personal use only. You may not impersonate someone else (e.g., adopt the identity of a celebrity), create a Viator Account for any person other than yourself, provide an e-mail address or other personal details other than your own, or create multiple Viator Accounts.

3.3 We may terminate or suspend access to your Viator Account or your ability to use the Services, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your Viator Account or ability to use the Services if you misuse the Website. Any such termination or suspension could prevent you from accessing your Viator Account, the Website, User Content (as defined in Section 6.1), Website Content (as defined in Section 4.1), and/or any other related information.

3.4 You may terminate your Viator Account at any time by contacting us to request that we close your Viator Account, and by discontinuing your use of any and all parts of the Services. If you close your Viator Account, we may continue to display your previously published User Content and are under no obligation to remove any of your User Content.

3.5 AS A USER OF THE SERVICES, YOU UNDERSTAND AND AGREE THAT: (1) NEITHER VIATOR NOR ITS AFFILIATES WILL HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY UNAUTHORIZED BOOKINGS MADE USING YOUR VIATOR ACCOUNT AND/OR VIATOR ACCOUNT CREDENTIALS; AND (2) THE UNAUTHORIZED USE OF YOUR VIATOR ACCOUNT AND/OR VIATOR ACCOUNT CREDENTIALS COULD CAUSE YOU TO INCUR LIABILITY TO BOTH VIATOR AND OTHER USERS.

4.1 The content and information on the Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software (including Software, as defined in Section 8.2), code or other material, and collectively described herein as the “Website Content”), as well as the infrastructure used to provide such Website Content, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any Website Content, or any products or services obtained from or through the Website. Any other use of the Website Content, products and/or services requires the prior written permission of Viator.

4.2 Additionally, you agree that you will not and will not assist or enable others to:

a. use the Website or the Website Content for any commercial or unlawful purpose;

b. access, monitor or copy any Website Content using any robot; spider, scraper or other automated means or any manual process to access, scrape, index, retrieve or otherwise use the Website or any Website Content for any purpose without our express written permission;

c. violate the restrictions in any robot exclusion headers on the Website or bypass or circumvent other measures employed to prevent or limit access to the Website;

d. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure or makes excessive traffic demands on the Website;

e. deep-link to any portion of the Website for any purpose without our express written permission;

f. “frame”, “mirror” or otherwise incorporate any part of the Website into any other website without our prior written authorization;

g. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any Software;

h. use the Website to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user’s use of the Website;

i. use the Website to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;

j. use the Website in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting reviews;

k. use the Website to promote bigotry or discrimination against protected classes;

l. use the Website to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

m. use the Website to submit or transmit pornography or illegal content;

n. use the Website to solicit personal information from minors, or to harm or threaten to cause harm to, any person including minors;

o. attempt to gain unauthorized access to the Website, user accounts, computer systems or networks connected to the Website through hacking, password mining or any other means;

p. use the Website to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”);

q. use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website;

r. use the Website to violate the security of any computer network, crack passwords or security encryption codes;

s. disrupt or interfere with the security of, or otherwise cause harm to, the Website; or

t. remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Website, features that prevent or restrict the use or copying of Website Content, or features that enforce limitations on the use of the Website.