Terms of Service

Last updated: 4 October 2026

1. Who we are

1.1. Tour & Car (tourecar.com, the "Platform", "we", "us") is an online marketplace operated by an individual entrepreneur registered in the Republic of Azerbaijan.

• Taxpayer ID (VÖEN): 2003143332
• Contact: info@tourecar.com

1.2. These Terms of Service ("Terms") govern the use of the website, its mobile version and all related services (together, the "Service"). By creating an account, making a booking or listing a service, you accept these Terms. If you do not agree, please do not use the Service.

1.3. Users of the Platform are:

• Tourists, who search for and book services;
• Service Providers, who are independent guides, drivers, hosts (hotels, guest houses, apartments) and road cafe owners offering their own services.

1.4. These Terms are supplemented by the Provider Agreement, which Service Providers accept in their panel; the Booking Contract, which is concluded for every booking; and the Privacy Policy. If they conflict, the specific document prevails for its subject: the Booking Contract for a booking, and the Provider Agreement for the relationship between a Service Provider and the Platform.

2. Eligibility and accounts

2.1. You must be at least 18 years old and able to enter into binding contracts. Minors may travel only when a parent or legal guardian makes the booking and is responsible for them.

2.2. You must give true, complete and current information and keep your login details secret. You are responsible for all activity under your account.

2.3. The Service may not be used by persons or entities on United Nations, European Union, United States (OFAC) or Republic of Azerbaijan sanctions lists, or for any transaction prohibited by sanctions law.

3. Our role: an intermediary marketplace

3.1. The Platform only provides the technology that connects Tourists with Service Providers. We do not provide tours, transport, accommodation or food ourselves. We are not a travel agency, tour operator, carrier or hotel, and we do not organise "package travel" or "linked travel arrangements" within the meaning of EU Directive (EU) 2015/2302. Each booking is a separate contract for one service.

3.2. Service Providers act in their own name and at their own risk. They are not our employees, agents or partners, and they are solely responsible for the quality, safety and legality of their services.

3.3. Provider checks. Before a profile or listing is shown publicly, the following are checked automatically:

• the information is complete: photos, prices and descriptions;
• the Service Provider has accepted the Provider Agreement;
• the Service Provider has given an identity, licence or taxpayer number.

That number is checked for its format and, where the country has one, its official check digit. These checks reduce fraud but do not guarantee a provider's qualifications, licences or the quality of the service.

3.4. Traders and consumers. Most Service Providers act as professionals (traders). Where a Service Provider is a private individual who is not a trader, consumer-protection rights that apply between a consumer and a trader may not apply to the contract with that provider.

3.5. Ranking. Search results and lists are ordered by these criteria:

• profile completeness;
• location relevance (country and city);
• recency;
• random rotation, so that new providers are also seen.

No one can pay for a higher position. Example pages are clearly marked as examples.

4. Bookings and the Booking Contract

4.1. Bookings are instant: when a Tourist pays the online deposit for a date the Service Provider shows as available, the booking is confirmed.

4.2. At that moment a Booking Contract between the Tourist and the Service Provider is concluded and signed electronically by both parties automatically:

• by the Tourist, by ticking the acceptance box;
• by the Service Provider, in advance, through the Provider Agreement.

Names, service, dates and prices are filled in automatically. Both parties can open and print the contract from their account at any time. Electronic acceptance is recorded with date, time and IP address and has the effect of a signature to the extent allowed by applicable law on electronic transactions.

4.3. Before booking, the Tourist sees the following:

• the main characteristics of the service;
• the total price, with any extras stated in the listing;
• the deposit due online and the balance payable on the spot;
• the cancellation rules;
• the identity of the Service Provider.

4.4. After a booking, Tourist and Service Provider can message each other on the Platform, and their contact details are shown.

5. Prices and payment

5.1. Online deposit (our service fee). At booking the Tourist pays a percentage of the total price online by card. The percentage is shown before payment. Card payments are processed by licensed payment providers (currently Epoint; Stripe may be used for some payments). We never see or store full card numbers.

5.2. Balance. The rest of the price is paid directly to the Service Provider when the service starts, in cash or another way both agree. We do not collect, hold or guarantee the balance.

5.3. Host's own deposit. A host may require its own deposit of one night, but only if this is shown in the listing before booking. It is part of the total price, not an extra charge. The host asks for it through Platform messages after the booking, and it is paid directly to the host. If the Tourist does not pay it within 48 hours of the request, the host may cancel the booking and our online deposit is refunded to the Tourist in full.

5.4. Prices are shown in US dollars unless stated otherwise. Banks may charge currency-conversion or foreign-transaction fees. Service Providers set their own prices and are responsible for any taxes (such as VAT or tourist tax) included in or added to them, as stated in the listing.

5.5. We may change our fee percentage. A change applies only to bookings made after it.

6. Cancellations, changes and refunds

6.1. Cancellation by the Tourist:

• At least 72 hours before the start: free of charge, and the online deposit is refunded in full to the original card.
• Less than 72 hours before the start: the online deposit is not refunded. A host's own deposit may be kept by the host.

6.2. Cancellation by the Service Provider:

• At any time: the Tourist's online deposit is refunded in full, and any host's own deposit is refunded by the host within 7 days.
• Less than 72 hours before the start: this is a "Late Cancellation". The provider must inform the Tourist immediately and try to arrange an equivalent replacement. Repeated Late Cancellations may lead to a higher fee, suspension or removal.

6.3. No-show:

• If the Tourist does not appear without notice: the online deposit is not refunded.
• For transport, waiting times apply: drivers wait at least 60 minutes at airports and stations (from the actual arrival time) and 30 minutes elsewhere.
• If the Service Provider does not appear: all deposits are refunded in full and the provider may be suspended.

6.4. Force majeure. Either party may cancel without penalty if the service becomes impossible or unsafe because of events beyond reasonable control, and all deposits are refunded in full. Such events include natural disaster, severe weather, war, unrest, epidemic, border or road closure, and an official order or travel warning for the destination.

6.5. Changes. A change of date, time, route or meeting point must be agreed by both parties in writing (Platform messages count).

6.6. Statutory withdrawal right. Under EU Directive 2011/83/EU (Art. 16(l)) and similar laws, the 14-day right of withdrawal does not apply to accommodation, transport, catering or leisure services booked for a specific date. The cancellation rules above apply instead. Mandatory consumer rights that cannot be waived remain unaffected.

6.7. Refunds are made to the original payment method, normally within 5–10 working days depending on the bank.

7. Safety and responsible travel

7.1. Service Providers must:

• hold every licence, permit, registration and insurance required where they operate;
• follow local safety rules;
• warn Tourists about known risks;
• never put Tourists in unreasonable danger.

Drivers must use a registered, roadworthy and insured vehicle, obey traffic law and never drive under the influence of alcohol or drugs.

7.2. Tourists must:

• give correct booking information;
• follow reasonable safety instructions;
• tell the Service Provider in advance about health conditions or limitations relevant to the service;
• respect local laws, customs, nature and cultural heritage.

7.3. Tourists are responsible for their own passport, visa, health and travel insurance. We strongly recommend travel insurance that covers medical costs, accidents and cancellation.

7.4. The Platform follows the principles of the UN Tourism (UNWTO) Global Code of Ethics for Tourism and the International Code for the Protection of Tourists. These include fair information, respect for local communities, non-discrimination, protection of children and help for tourists in emergencies. Any form of exploitation, including sexual exploitation of children, is strictly forbidden and will be reported to the authorities.

8. Liability

8.1. Each Service Provider is solely responsible for its service, including the vehicle, the property and the activity. The Booking Contract sets out the parties' obligations to each other.

8.2. The Platform is responsible for operating the website, booking and payment technology with reasonable care. To the extent permitted by law, our total liability for a booking is limited to the online deposit we received for it. We are not liable for indirect or consequential losses.

8.3. Nothing in these Terms limits liability that cannot be limited by law. This includes liability for death or personal injury caused by our negligence, for fraud, and under mandatory consumer-protection rules of the Tourist's country of residence.

8.4. The Service is provided "as is". We work to keep it available and secure but do not guarantee uninterrupted operation.

9. Service Provider obligations

9.1. Service Providers must:

• give true information, prices and photos that are their own or that they have the right to use;
• keep their availability calendar correct and check bookings every day;
• treat Tourists respectfully and without discrimination;
• declare and pay their own taxes.

Hosts give their taxpayer ID. Guides and drivers give an identity or licence document number.

9.2. Under the EU Digital Services Act and the EU Platform-to-Business Regulation (EU) 2019/1150, we inform Service Providers of the reasons for any restriction, suspension or removal of their listing, and they can respond. Before acting we give reasonable notice, except in cases of serious breach, illegal content or safety risk. Complaints from Service Providers are handled free of charge at info@tourecar.com.

10. Reviews

10.1. Only Tourists who booked through the Platform can review a Service Provider; this is checked automatically. One review per Tourist per provider can be updated later.

10.2. Reviews must be honest and lawful. We do not edit reviews and do not allow paid or fake reviews. We may remove reviews that are abusive, unlawful or clearly unrelated to the service.

11. Prohibited conduct

You may not:

• move a booking outside the Platform to avoid the service fee;
• post false listings, fake reviews or other people's photos;
• harass, discriminate against or endanger others;
• collect other users' data;
• use bots or scraping;
• attempt to break the security of the Service;
• use the Service for anything unlawful.

12. Reporting illegal content

Anyone can report illegal content, a fake listing or a safety problem to info@tourecar.com. Please include the page link and the reason. We review reports promptly and tell the reporter the outcome.

13. Intellectual property

The Platform's name, logo, design and software belong to the operator. Users keep the rights to the content they upload. They give us a non-exclusive, worldwide, royalty-free licence to host and display it for operating and promoting the Service, until they delete it.

14. Personal data

Personal data is processed as described in the Privacy Policy, in line with the Law of the Republic of Azerbaijan "On Personal Data" and, where it applies, the EU GDPR and UK GDPR.

15. Suspension and termination

We may suspend or close an account for a serious or repeated breach of these Terms, giving reasons as described in section 9.2. You may close your account at any time. Bookings already made remain governed by these Terms and the Booking Contract.

16. Complaints and disputes

16.1. Complaints.

• About a service: first contact the Service Provider. If the problem is not solved, write to info@tourecar.com within 14 days after the service date.
• About the Platform: write to info@tourecar.com.

We aim to reply within 7 days.

16.2. Good faith first. The parties will first try to settle disputes amicably. EU consumers may also use national consumer-protection authorities or alternative dispute resolution (ADR) bodies.

16.3. Disputes between a Tourist and a Service Provider are governed by the law and courts of the country where the service is provided, as set out in the Booking Contract.

16.4. Disputes between a user and the Platform are governed by the law of the Republic of Azerbaijan and decided by the competent courts of Baku. A consumer keeps the protection of the mandatory laws of their country of residence and may sue in their own country where the law allows it.

17. Changes to these Terms

We may update these Terms. Important changes are announced on the website or by email before they take effect. The version in force at the time of booking applies to that booking.

18. General

18.1. If any provision is invalid, the rest remains in force.

18.2. Not enforcing a right is not a waiver of it.

18.3. These Terms are written in English. Translations are for convenience only.

19. Contact

Tour & Car, tourecar.com
Individual entrepreneur, Republic of Azerbaijan
Taxpayer ID (VÖEN): 2003143332
Email: info@tourecar.com