Terms and Conditions
Last updated: 15 March 2016.
This Agreement begins on the date you first use the Loacal.com Service and continues as long as you have an account with us. Please read these Terms and Conditions carefully as they contain important information regarding your legal rights, remedies and obligations. By accessing or using the Site, Application or Services you affirm that you agree with and be legally bound by the Terms and Conditions. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. You must exit Loacal.com immediately, you may not use or access Loacal.com at all, and you may not print or download any materials from the site.
The Terms and Conditions may be modified by Loacal.com at any time without notice. Notification of any changes will be posted on this page. Users of Loacal.com are advised to consult regularly with the latest update. If these changes are unacceptable to you, you must terminate your membership as provided below. Your continued use of Loacal.com following the effective date of any such changes constitutes your full acknowledgement and acceptance of these changes.
You are solely responsible for obtaining access to the Site, Application and Services. You understand and agree that Loacal.com is not a party to any agreements entered into between traveler and host, nor is Loacal.com a agent or insurer. Loacal.com has no control over the conduct of hosts, traveler or other users of the Site, Application and Services or any Activity. You are solely responsible, and liable for your matters connecting with people.
We’ll start by getting a few definitions out of the way that should help you understand these terms. When we say “we,” “us,” and “Loacal.com,” or our, we’re referring to Loacal.com Site, Application and Services. We operate as a web based platform and community marketplace that you may use to create friendships with other members and experience other cultures. All the terms used in the singular shall also apply when used in the plural and vice versa:
Activities/ Experiences refer to the activities proposed by the hosts
Commission of host indicates the costs that Loacal.com charges the host after use of the Service and is calculated as a percentage of the price of Experience. The Commission of Loacal.com is fixed and the calculated amount is displayed to the host at the receipt of a booking
Content means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
Discount is the discount granted by Loacal.com to traveler in the form of credit for the purchase of experiences via the platform
Duration indicates the time estimated by the host to perform each activity and used to calculate the total duration of experience
Featured Experience means an experience prompted by the host by an extra charge
Host/ Loacal means a member who creates a listing via the Site, Application and Services
Listing means an experience that is listed by a host
Loacal Account is created by you at the time of registration to the Site or the Application.
Member means a person who completes Loacal Account registration process, including but not limited to hosts and traveler
Member Content covers all content that a member posts, uploads, publishes, submits or transmits. This can include their member profile and listing available through the Site, Application or Services
Price of Experience is the total cost payable by traveler using Loacal.com in respect of the use of the assets that make up the experience and includes the commission of web-page and the commission paid to the third party that processes payments (eg. Paypal). The amount of experience price is determined by the host and not by Loacal.com. The Price of experience excludes any additional costs (as defined by the host)
Traveler means a member who requests from a host a booking of an experience via the Site, Application or Services
Verified Loacal/ Verified Host is a host approved by the Loacal.com team by a face to face meeting
2.1 Age of Majority
The Site, Application and Services are intended solely for people who are at least 18 years of age. By submitting a booking, you warrant and confirm to us that you comply with these arrangements. Additionally, Loacal.com does not assume any responsibility or liability for any misrepresentations regarding a user's age.
2.2 Membership and Member Content
Loacal.com grants you a limited, non-exclusive license to access and use the Loacal.com services for your own purposes. This includes the right to view content available on Loacal.com and also permits you to post, upload, publish or transmit Member Content. This license is personal to you and may not be assigned or sold to a third party. By agreeing these Terms and Conditions, you warrant and accept that (i) you either are the sole of the Member Content; or (ii) have the legal right to exploit such Member Content on. Any misappropriate content, or violation of a third party's patent or copyright, or moral rights or violation of any applicable law or regulation give, Loacal.com has the right to terminate member's membership immediately and take all necessary and appropriate actions under the applicable laws. There shall be no nudity, or any sexual gesturing or any kind of abuse as part of the Member Content. This website is strictly for friendships. If a member has tried to solicit you for inappropriate content, such as sex or abuse, please contact us immediately.
3.1 General Liability Note
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other members or other third parties will be limited to a claim against the particular members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Loacal.com with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other members on the Site and Services regarding any bookings or listings made by you.
We do not do background searches on any of the members of the website. It is your own responsibility to protect yourself. Under no circumstances is Loacal.com to be responsible for any damage or harm.
3.2 Recommendation for Travel Insurance
We therefore strongly recommend that traveler obtain a travel insurance in respect to such areas as personal accident, injury & illness.
4.1 Information that you give us
4.2 Cookies and Tracking
When you use Loacal.com, we may store cookies, tags, or scripts, which are strings of code, on your computer. We and our analytics service providers (like Google) use those cookies to collect information about your visit and your use of our Website or Services.
While you may disable the usage of cookies through your browser settings, we do not change our practices in response to a "Do Not Track" signal in the HTTP header from your browser or mobile application. We track your activities if you click on advertisements for Loacal.com services on third party platforms such as search engines and social networks, and may use analytics to track what you do in response to those advertisements.
4.3 Use and Disclosure of the Information that you provide or make available
We may use, store and disclose the information that you provide or make available for the following general purposes:
¤ to enable you to access and use the platform;
¤ to promote use of our Services;
¤ to provide, support, and improve the Services we offer, such as to perform analytics, conduct research, personalize or otherwise customize your experience, and for advertising and marketing;
¤ to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;
¤ to send you System Alert Messages;
¤ to help create and maintain a trusted and safer environment on the platform and Services, such as fraud detection and prevention, conducting investigations and risk assessment, verifying any identification provided by you, and conducting checks against databases such as public government databases;
¤ to comply with our legal requirements, resolve any disputed that we may have with any of our users, and enforce our agreements with third parties;
¤ to bill and collect money owed to us.
5.0 FINANCIAL TERMS
5.1 Payments and Billing
Registration and full use of the web platform is FREE. Loacal.com has the right to change the commission and cancellation and refund policy without notice.
Price of the experience including the %14 Loacal.com service charge is set by the hosts/ Loacals. There is only commission of host. No hidden fees for the traveler.
Payment of the total price of experience, already authorized by the traveler by sending the booking request is processed by Loacal.com, or third party (e.g. Paypal) that processes payments, upon confirmation of the booking of experience from the host. System automatically sends an email to traveler confirming transaction took place. For safety of both traveler and hosts payment of the traveler is hold in Loacal.com until the experience is completed. In the following days, agreed in advance with the host, payment to the host will be accredited.
5.2 Cancellation and Refunds
If a traveler cancels the booking request before the confirmation of host, traveler will not be charged any fees or Commission to Users.
If a traveler or host wishes to cancel a transaction already completed more than 24 hours experience the date, traveler will be fully refunded.
If a traveler wishes to cancel a transaction already completed less than 24 hours experience the date, traveler will be charged the traveler penalty fee, which is a combination of the commission of host (14%) and a traveler apology fee (30%). Apology fee will then be transferred into host's account.
If a host wishes to cancel a transaction already completed less than 24 hours experience the date, the host will be charged the host penalty fee, which is a combination of part of the commission of host (5%) and a host apology fee (10%). Traveler will be notified immediately by Loacal.com and will be entitled to a discount of 10% for future Loacal.com bookings.
A traveler or host who thinks has a valid reason for a booking cancellation in less than 24 hours experience the date (such as death of a relative, travel cancellation due to third party...etc) should contact Loacal.com immediately fully explaining the reason. If the excuse is approved, a full refund will be provided.
6.0 HAVE SOMETHING TO SAY?