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Terms & ConditionsTerms and Conditions Withlocals.com (last updated: January 20th, 2017)
Below are the Terms and Conditions (T&C’s) that apply when using our website and our services. Any new features and/or services to our current service shall also be subject to these T&C’s. To make these T&C’s easier to read we have provided additional everyday language summaries as a guide. They are just that, and are not legally binding.
1. Our offering
We connect you with locals to experience exciting things all over the world.
Withlocals is an online platform for travelers seeking to engage with locals all over the world to offer them the most outstanding eat experiences, tours and activities. We are a marketplace where demand (travelers) meets supply (local hosts). Through our website, travelers can book eat experiences, tours and activities with local hosts all over the world.
By making a reservation through our platform, you enter into a direct contractual relationship with the host with whom you make a reservation or purchase a product or service (as applicable). From the point at which you make a reservation, Withlocals acts solely as an intermediary between you and the host. Withlocals is not a party to any agreement between you and the host and is not liable for any (attributable) failure to perform or other damages arising out of this relationship.
2. Legal entity
We are a private company registered in The Netherlands.
Withlocals BV is a private company having its offices in The Netherlands, Emmasingel 29, 5611 AZ in Eindhoven. We are registered with the Chamber of Commerce in Eindhoven under number 58173382.
3. Applicability of T&C’s
When you visit our website and/or use our services you agree with these T&C’s.
You must read these T&C’s before using our website and/or services. Use of our website and/or services, regardless of whether you are a website visitor, a traveler or a host, constitutes an agreement to all terms and conditions in these T&C’s and you warrant that you understand, agree to and accept all terms and conditions contained here.
The T&C’s may be amended from time to time.
We respect your privacy.
You make a reservation on our website, we handle the rest.
When a reservation is made by you on our website, we deliver the reservation to the respective host and check availability. A reservation is only valid when confirmed by us per e-mail.
You pay us partly or the full amount beforehand. Depending on your payment, the remaining amount has to be paid to the host directly after a satisfactory experience.
Full payment in advance:
When making a reservation, it is possible you have to pay the full amount in advance. In this case you pay us the full amount stated on the website which is paid to the host, within 72 hours after the reserved event has taken place in a satisfactory manner, while deducting the Withlocals fee payable by the host. As a traveler no additional payments are needed; when the reservation is confirmed by us, all payments are done.
Partial payment in advance:
In some cases, you will be asked to pay a share of the full amount upfront, as stated on our website. In this case, the remaining unpaid share has to be paid by the traveler to the host directly after the reserved event has taken place in a satisfactory manner.
Any payment facilitated by us for and on behalf of you, and transferred to the host will in each case constitute a payment of (part of) the booking price by you of the relevant product or service in final settlement of such (partial) due and payable price.
We wouldn’t wish it to anybody, but what if you find yourself in a situation of cancelling an amazing Withlocals experience? We’ll tell you this: what a bummer! But we’ve got you covered, read below for a full overview of our cancellation policy.
Booking Requests rejected/withdrawn/expired before confirmation: all bookings need to be confirmed within 48 hours. If your booking request is rejected or not confirmed within 48 hours by the host, or when you withdraw the request before confirmation, you are not charged.
Booking cancelled by the traveler:
- More than 14 days before the experience date: you will be refunded 80% of the total price.
- Less than 14 days before the experience date: the host will be fully paid, you won’t receive a refund.
Booking cancelled by the host: 100% refund goes back to you!
Booking Requests rejected/withdrawn/expired before confirmation: All bookings must be confirmed within 48 hours. If you reject or don’t confirm within this time range, the booking request expires and no payment will be made to you. This also counts when the traveler withdraws the booking request before you confirm it. Make sure you click on that “Confirm” button!
Booking cancelled by the traveler:
- More than 14 days before the experience date: you won't receive any payment.
- Less than 14 days before the experience date: you benefit from the booking guarantee! The booking guarantee depends on your chosen payment method.
- PayPal/Bank transfer: if you’ve chosen to be paid by PayPal or via bank transfer you get fully paid when a booking is cancelled under these conditions.
- Cash payment/Bank transfer: you will receive the amount prepaid by the traveler (normally 20%).
Booking cancelled by the host: When you cancel a confirmed booking, you won't receive any payment. But more importantly: your confirmation rate will be negatively influenced. Are you sure you want to do this? It decreases your chance to receive future bookings.
8. Applicable taxes
Pay your taxes.
We provide services to our hosts and therefore we treat the host as our legal customer. We will invoice the host. On this invoice we will state our details, any applicable taxes and details of the service(s) provided by the host to the traveler. As a host you are responsible for providing the traveler with any documentation and/or invoice needed in compliance with the applicable tax law(s).
It’s a host’s sole responsibility to determine which taxes are applicable and required to comply with the applicable local tax law and pay any corresponding taxes. These taxes can include, but are not limited to, taxes such as value added taxes, surcharges, sales taxes, personal or corporate income taxes imposed or any other taxes which are levied upon reservations made through our website or the payment thereof. Hosts represent and warrant that they will pay such taxes in time and in compliance with the applicable tax law.
9. Proprietary Material
Don’t copy our content.
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") that you see or read on this website is owned by us, or is used with the owner’s permission. This Proprietary Material is protected in all forms, media and technologies. You may not copy, download, use redesign, reconfigure, or retransmit anything from this website without our prior written permission.
10. Quality of information
While we do our utmost best to verify the quality of the events hosted by our hosts, we cannot guarantee these are flawless and neither can we guarantee that all content on our website is without errors.
In the event of misleading representation or misconduct on our website or in the framework of the events held by hosts through our website and/or services, we may decide, in our sole discretion, to credit the traveler with a refund for the reservation amount paid or part thereof and charge the host with this amount. No action of us may be construed as accepting any liability other than as mentioned herein.
When rendering our service, the information we disclose is based on the information provided to us by the hosts. Although we will use reasonable skill and care in performing our service and verify (most of) the hosts we cannot guarantee that all information is accurate, complete and/or correct. Each host remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information displayed on our platform.
Therefore, use your own best judgment when using any of the services provided by our hosts.
Notwithstanding the foregoing, we, including without limitation any content, data and any information related hereto, is provided on an “AS IS” and “AS AVAILABLE” basis, without any warranties of any kind, express or implied, including but not limited to warranties of title or non-infringement or implied warranties of use, merchantability or fitness for a particular purpose or use.
We don’t give any warranties.
We do not warrant that our website and/or our services will be uninterrupted or error-free. We may correct, modify, amend, enhance, improve and make any other changes to our website and our services at any time or discontinue displaying or providing any content or features without a notice to you, being a website visitor, a traveler or a host.
We do our very best to make sure all the information we provide you is 100% correct. However, as we are human beings too, errors are made.
We hereby disclaim all warranties and conditions with regard to the use of our website and/or services, including, but not limited to, the availability, reliability, or quality of our website and services, the events distributed through us, including the nature and quality of the events, and is not and shall not be responsible for any error, fault or mistake of any and all content and information received through our us, including by hosts or travelers. We do not endorse any entity, product or service mentioned in any user generated content available on our website.
Withlocals’ responsibility is limited to facilitating the availability of our website, application and services. The participation in any of the events hosted by the hosts is at your own risk. Withlocals’ liability for damages shall be limited to the amount paid to us by you as a traveler. Except as provided herein, in no event shall we be liable for any indirect, special, incidental or consequential damages of any kind, whether in an action of contract, negligence or other tortious actions resulting from or arising out of participation in any of the events hosted by the hosts.
14. Issues and Complaints
We'll assist you in case of issues or complaints where possible.
In case of a complaint about, or issue with the platform, app or services, please contact Withlocals at firstname.lastname@example.org or +31202613477 to resolve the problem. In case of a complaint about an event you agree to contact Withlocals within 1 day after the complaint has arisen and you agree to cooperate with and assist Withlocals in good faith and you agree to provide Withlocals with such information and take such actions as may be reasonably requested by Withlocals. As a host you agree that in case of a no show or dissatisfactory deviations in the event caused by you, the guest will be refunded and you won't receive payment. As a guest you understand that in case of a no show or no completion of/interruptions during the event caused by you, you as a guest are responsible for any damages up to the amount paid.
In case of any damage claims or other complaints related to the event exceeding the amount paid, Withlocals will mediate in finding a reasonable solution between traveler and host.
Any claim or complaint against Withlocals in respect of the service must be promptly summited, but in any event within 14 days after the reserved event has taken place. Any claim or complaint that is summited after the 14 days period, may be rejected and the claimant shall forfeit its right to any (damage or cost) compensation.
To the extent permitted by law, these T&C’s and the provision of our services shall be governed by and construed in accordance with Dutch law and any and all dispute arising out of these T&C’s and our services shall exclusively be summited to the competent Court in Rotterdam, The Netherlands.