Booking Terms

Booking Terms

Introduction
1. Eligibility requirements
2. Actionability of the cooperation partner
3. General terms for product offerings
4. Booking procedure
5. Allowances
6. Qualification of the guides
7. Information provided to Like A Local Guide
8. Service offerings
9. Displayed content & intellectual property
10. Prices & dues
11. Cancellations
12. Commission payment to Like A Local Guide
13. Credit card fees, banking fees, etc.
14. Revoked credit card payments, etc.
15. Billing
16. Liability of the supplier to participating customers
17. Damages caused by participating customers
18. Direct Messages
19. General rules for communication
20. Review System
21. Functionality and Availability of the Plattform
22. Data protection
23. Communication between Like A Local Guide and the supplier
24. Publication of supplier products
25. Responsibility for Content
26. Liability of the supplier
27. Liability of Like A Local Guide
28. Contract length and extraordinary termination
29. Place of Fulfilment
30. Change of the given Booking Terms
31. Miscellaneous
32. Applicable Law


Introduction

Like A Local Guide operates the Internet Booking Platform www.likealocalguide.com, offering sightseeing tours, other tourism services and leisure activities. Visitors may view service offerings from suppliers on the platform and make bookings. Like A Local Guide takes the role of an intermediary between the visitor and the supplier. Like A Local Guide is not a contracting party between the visitor and the supplier.

Object of these Booking Terms is solely the provision of the Like A Local Guide Booking Platform, based on the terms of this agreement. Like A Local Guide has no further obligations or liabilities. In order to allow a correct execution of bookings on the Like A Local Guide Booking Platform, the booking process is defined in detail in this document.

The supplier offers sightseeing tours, other tourism services or leisure activities under his own name/brand. He seeks to promote his services on the Like A Local Guide Booking Platform. 

1. Eligibility requirements

The supplier conducts sightseeing tours, other tourism services or leisure activities on his own responsibility. He is willing to promote these services on the Like A Local Guide Booking Platform.

The supplier may register on Like A Local Guide. After registration on the Like A Local Guide Booking Platform, Like A Local Guide will check the eligibility of the services and of the supplier. Like A Local Guide will also negotiate a commission fee with the supplier. Like A Local Guide will activate the upload of the services to the Like A Local Guide Booking Platform after positive conclusion of the eligibility check and the commission negotiation. 

In the course of registration on Like A Local Guide, the supplier accepts the present Booking Terms, the general "Terms & Conditions” and the “Privacy Policy” of Like A Local Guide.

2. Actionability of the cooperation partner

The supplier must be actionable according to the applicable law. Legal bodies may only conclude the Booking Terms through an authorised and actionable natural person.

3. General terms for product offerings

The Like A Local Guide Booking Platform is provided in English. Like A Local Guide tries to have a very comprehensive service offering, yet the composition of the service offering is at Like A Local Guide's sole discretion, concerning the tourism service itself and the geographical distribution of services.

4. Booking procedure

The website visitor will have the opportunity to view services without prior registration. If the visitor is interested in a specific service, he can send an according request to the supplier.

The supplier has a timeframe of 48 hours to accept the request. If the request is accepted, the contract between supplier and customer becomes effective and the booking is confirmed. 

The credit card payment of the customer is collected upon the booking. If the booking is not confirmed by the supplier by two hours before the intended service, the credit card payment will be reversed.

Both parties are bound to the contract until execution (with the exception of a booking cancellation by the customer). The supplier will provide the customer with all necessary information for the execution of the service (e.g. meeting point and time, appropriate clothing, equipment etc.) well in advance. The supplier is required to check the email stated in the Supplier Account at least once per day.

Like A Local Guide takes care of the customer payment collection and will assure payment on the Booking Platform through a secure payment solution provider, transferring the money to the supplier’s bank account according to monthly invoices. It is at Like A Local Guide’s sole discretion to choose a payment solution provider. Like A Local Guide is not liable by any means for customer payments and is not liable in the case of incorrect or incomplete information concerning the supplier's bank account information.

Like A Local Guide is not responsible for the accuracy of customer data.

5. Allowances

The supplier guarantees Like A Local Guide that he complies with all legal preconditions and requirements for the services he offers and that he possesses all necessary allowances.

The supplier guarantees Like A Local Guide that all legal security standards and standards of relevant professional organisations or associations are met.

The supplier is responsible for complying with employment and labour rules.

6. Qualification of the guides

The supplier guarantees Like A Local Guide that all employed guides possess the legal allowances and meet all necessary legal requirements, including professional qualifications and allowances.

The supplier is fully responsible for the conduct of the guide with regard to the customer and Like A Local Guide.

7. Information provided to Like A Local Guide

The supplier informs Like A Local Guide immediately if allowances have not been issued or if they have been suspended or revoked, if guides no longer possess the necessary qualifications, if security standards cannot be met or if there are other imminent circumstances that make the execution of contracts impossible or threaten customers to render themselves liable to prosecution upon execution of the contract or to otherwise get into difficulties with public authorities. The same is true for the relationship with Like A Local Guide.

In such cases, Like A Local Guide may terminate the cooperation without notice.

8. Service offerings

8.1 The supplier specifies his service offerings according to the requirements on www.likealocalguide.com. The website also provides further clarification on the required quality standard. Service offerings that do not meet the requirements may be deleted or edited by Like A Local Guide without notice.

8.2 The supplier may only upload his own service offerings. He may not upload products for which he is only an intermediary or agent. The supplier needs to be prepared to perform the offered service. It is forbidden to upload sham or loss-leader products.

8.3 Service offerings or their execution should not violate any laws or regulations, third party rights or morality. Services with sexist, racist, extremist content of any kind or services that challenge the physical, mental or moral integrity of human beings or where animals are hurt or injured, or services that connect legal services in an illegal manner or where customers are directly or indirectly compelled to purchase further services etc. must not be uploaded. Like A Local Guide has the right to delete such service offerings at any time without notice. Claims for damages and other claims from Like A Local Guide, customers or third parties are explicitly reserved.

8.4 The supplier will enter the service data into the Supplier Administration System. He himself is responsible for ensuring that the provided information is always up to date. Revised or cancelled service or products that are no longer valid must be deleted immediately. Like A Local Guide reserves the right to delete such offers.

If the supplier's country of residence has requirements for the publication of products on the Internet, the supplier himself is responsible that these requirements are complied with. He will notify Like A Local Guide about such requirements.

It must be clear from the product description that the supplier offers the products and services under his own name and responsibility. The products must be offered under the generally used brand name. If this brand name is different compared to entries in general registries, the supplier also needs to mention this brand name. There must not be the impression, neither directly nor indirectly, that Like A Local Guide is the supplier of the products or services, or that Like A Local Guide has tested the quality of the offered products and services or otherwise emphasises their quality. The product descriptions must be completed accurately and truthfully and need to be adjusted instantaneously in case changes. The supplier alone is responsible for correct product descriptions and prices.

9. Displayed content & intellectual property

The supplier owns all of the content and information he uploads on Like A Local Guide. Thus, the supplier is solely responsible for making sure that all uploaded content does not violate intellectual property rights of a third party or is in any other form inappropriate, illegitimate or harmful to Like A Local Guide or a third party. The supplier is responsible for immediately removing content from the Like A Local Guide website if such a violation becomes apparent.

In addition, for content that is covered by intellectual property rights such as photos and videos ("IP content"), the supplier specifically gives Like A Local Guide the following permission: The supplier grants Like A Local Guide a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that he uploads on Like A Local Guide ("IP License"). This IP License ends when the supplier deletes his IP content or user account. However, the supplier understands that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

10. Prices & dues

Product prices need to include all dues, taxes, fees etc. It is not legitimate to ask the customer to pay any further salaries, taxes, dues or commissions or to cover other expenses upon the execution of the service.

11. Cancellations

All cancellations, on the part of the supplier and of the customer, have to be conducted on the Like A Local Guide Booking Platform or, after the instance of accepting a booking, via Like A Local customer support. Contact details can be found here.

11.1 Cancellations by the customer

A confirmed reservation can be cancelled by a traveller at any time up to the moment of the actual event. When cancelled 3 days before the actual event, 100% of the paid amount will be refunded to the traveller. In this case no payment will be made to the supplier. 

When cancelled later than 3 days before the actual event, no refund will issued to the traveller, and the supplier will still be paid. The supplier will be paid 100% of the amount they were supposed to be paid, being 80% of the total amount paid by the traveller.

Statutory cancellation possibilities are exempt from these regulations.

11.2 Cancellations by the supplier

The supplier may cancel the contract only if unforeseeable or unavoidable external circumstances make it impossible, significantly impede or compromise the carrying out of the service. The supplier is obliged to inform the participating customers as early as possible and process the cancellation through Like A Local Guide customer support. 

If the supplier cancels a booking, the customer will be fully refunded and no payment will be made to the supplier. A confirmed reservation can be cancelled by a supplier at any time up to the moment of the actual event.

12. Commission payment to Like A Local Guide

Like A Local Guide requires a commission for handling the booking and payment process. The standard commission is 20% (twenty per cent). For bigger volumes commission may be lowered.

The commission will be drawn from the amount paid to Like A Local Guide by the customer upon the booking of a certain product. If no payment is credited to Like A Local Guide (e.g. revocation of credit card payment), there will be no commission credited to Like A Local Guide.

The commission for Like A Local Guide will be billed on a monthly basis at the rates paid by the customers. Any taxes and other expenses that are to be paid by the supplier will not be compensated separately. Banking fees and other transaction cost are at the expense of the supplier.

13. Credit card fees, banking fees, etc.

Credit card and banking fees for customer payments to Like A Local Guide are borne by Like A Local Guide.

Credit card and banking fees for payment transfers to the supplier will be borne as follows:

Like A Local Guide bears the cost of its own bank/credit card organisation.

The supplier bears the cost of his own bank/credit card organisation.

14. Revoked credit card payments, etc.

Should a participating customer cancel his credit card payment before the use of the booked service, or the payment is not fullfilled for any other reason, Like A Local Guide will inform the supplier immediately.

If a credit card payment is revoked after the fullfilment of the contract between supplier and the customer, Like A Local Guide will inform the supplier. Like A Local Guide will inform the service provider about the reasons for withdrawal according to the particulars of the credit card organization and ask him for comment within 5 working days. Like A Local Guide will forward this statement to the credit card organization.

Like A Local Guide is not obliged to take legal measures of any kind against a customer, who does not pay for a certain service or cancellation, or who revokes a credit card payment. Like A Local Guide will convey these claims to the supplier, if possible.

15. Billing

The supplier will be notified via email upon payment.

Like A Local Guide creates a remittance advice for the supplier on the 5th of each month, taking into account all bookings that have been carried out during the previous month. The payment will be wired to the supplier's bank account or Paypal account according to invoices. Like A Local Guide processes payments on the 5th of every month barring exceptional circumstances.

Like A Local Guide bears usual transaction fees.

The amount transferred by Like A Local Guide to the supplier reflects the sum of the net prices of all considered bookings. Like A Local Guide bears the usual transaction fees. However, some banks add fees for receiving international payments. These fees are solely at the supplier's expense.

Due to bank transfer costs, Like A Local Guide may decide not to transfer amounts less than EUR 30 or an equivalent amount in a different currency. If in a certain month the amount of EUR 30 is not reached, Like A Local Guide is entitled to postpone the payment.

The supplier is responsible himself for the correct accounting to authorities.

If Like A Local Guide is for any reason subject to taxes or expenses in the country of the supplier in relation to his products or services, Like A Local Guide may terminate the cooperation with the supplier within 3 days. Such taxes or expenses may be deducted from the payments granted to the supplier.

16. Liability of the supplier to participating customers.

The supplier is a contracting party with the participating customer and thus responsible for the correct execution of the service. The supplier will strive to solve problems directly with the customer.

Should Like A Local Guide be prosecuted because of a supplier's product, the supplier will help Like A Local Guide to defend any claims and sets Like A Local Guide free of any demands. Details are enclosed in number 26.

17. Damages caused by participating customers

Like A Local Guide is not liable by any means for damages participanting customers cause to the supplier, other participanting customers, or third parties. The supplier settles such affairs with the participating customer directly.

18. Direct Messages

In order to exchange messages between the customer and the supplier that are not meant for the general public, Like A Local Guide offers a basic messaging functionality on www.likealocalguide.com. Messages are exclusively meant for information concerning the service offering and its execution. Personal messages or messages not pertaining to the service may not be exchanged through the messaging functionality. Contracts and cancellations may not be executed or negotiated through the messaging functionality.

Like A Local Guide is explicitly entitled to monitor messaging via www.likealocalguide.com and delete any which do not comply with these criteria.

19. General rules for communication

19.1 The supplier may neither in his product description nor via a private direct message refer the customer to his own external internet website or otherwise provide information to get in touch outside of the Like A Local Guide Booking Platform.

19.2 The supplier is required to handle all customer inquiries etc. received through Like A Local Guide exclusively on the Like A Local Guide Booking Platform. The supplier will neither directly nor indirectly urge a customer, who got in touch through Like A Local Guide, to book a product outside of the Like A Local Guide Booking Platform. If a prospective customer, who got in touch through Like A Local Guide, inquires to book a product outside of the Like A Local Guide Booking Platform, the supplier will refer him to the Like A Local Guide Booking Platform.

19.3 Should a supplier violate these provisions, the commissions on the contracts closed outside of the Like A Local Guide Booking Platform are payable, just as if they had been closed on the platform. Like A Local Guide may claim recompensation of costs and expenses arising from the prosecution of such violations. In such cases, the supplier always owes Like A Local Guide a minimum compensation of 100 EUR.

20. Review System

After the fullfilment of an activity, customers have the opportunity to review a product and supplier using Like A Local Guide's review system. The aim of the review system is to create meaningful and accurate product and supplier profiles in terms of performance, reliability and trustworthiness. These profils can be viewed by any visitor on the Like A Local Guide Booking Platform.

Customers are required, to provide only entirely proper and truthful reviews. Inaccurate, untruthful, offensive or otherwise unprofessional remarks may be deleted from Like A Local Guide. The provider is not entitled to delete certain statements. If the provider becomes aware of abusive reviews, he should report them immediately to Like A Local Guide.

21. Functionality and Availability of the Plattform

Like A Local Guide provides the Like A Local Guide Booking Platform in the given released version and with the corresponding functions (is provided on an “AS-IS” and “AS-AVAILABLE” basis). A claim for provision and maintenance of certain functions etc. does not exist. Regarding the availability of the system, no warranty is given. Website access may be temporarily restricted by maintenance or other work or might be limited or entirely impossible. In so far that limited access or temporary inaccessibility have an impact on the execution of a transaction, e.g. because a product offering cannot be uploaded or a booking or transaction cannot be made, there are no claims against Like A Local Guide. 

The suppliers themselves are responsible for the backup. Like A Local Guide is not liable for data loss.

22. Data protection

The supplier has to enter his data into the supplier account. This data will be treated confidentially and is not made accessible and only shared with a third party, in so far it is required for the correct execution of the contract between customer and supplier. Like A Local Guide reserves the right to provide certain information to authorities etc., if required by legal provisions. Like A Local Guide reserves the right to open accounts to authorities or third parties, in order to counter claims, demands etc.

The supplier is required to treat the transmitted customer data confidentially and protect such data according to applicable privacy laws. Without prior consent of the customer, such data may not be made accessible to third parties or made available for marketing or advertisement purposes. 

Like A Local Guide tracks statistical data with regard to product upload, in order to improve the website functionalities. It is possible that such data will allow an inference on the web behavior of the supplier.

The supplier has no right to access data on customers, visitors etc., stored on Like A Local Guide servers.

23. Communication between Like A Local Guide and the supplier

All communication between Like A Local Guide and the supplier needs to be conducted via the Like A Local Guide's customer support. You may find Like A Local Guide's contact data under the heading "Contact". The contact data entered on the supplier account will be used as the supplier contact data.

Emails must include the name and email address of the sender as well as the date of dispatch (date and time).

The supplier is aware, that confidentiality during transmission of unencrypted data over the internet cannot be guaranteed.

An email received in accordance with the preceding provisions is attributed to the sender address, if no other proof can be provided.

24. Publication of supplier products

The supplier is informed in case Like A Local Guide has integrated his products to a third party website.

25. Responsibility for Content

The supplier is self-responsible for content submitted through his account, such as for instance product descriptions, forum entries etc. Like A Local Guide treats such content as external content.

Like A Local Guide also treats visitor and customer content, such as forum entries, reviews etc. as external content and excludes liability.

If Like A Local Guide is notified about or detects content that does not comply with these Booking Terms and/or the general "Terms & Conditions” of Like A Local Guide, Like A Local Guide may partially or fully delete this content.

If the abusive content originates from a supplier, Like A Local Guide is entiteled to block access to or delete his account.

The supplier may only upload contents and data for which he owns the corresponding (copy-)rights. Such information must not abuse privacy rights of visitors, third parties etc. and needs to comply with the applicable competition laws and other legal requirements.

Should Like A Local Guide be prosecuted because of such content, the supplier will help Like A Local Guide to defend any claims and sets Like A Local Guide free of any demands.

26. Liability of the supplier

26.1 With regard to the customer

The supplier is liable with regard to the customer according to the applicable law.

26.2 With regard to Like A Local Guide

The supplier is liable with regard to Like A Local Guide according to these Booking Terms and the applicable legal provisions.

The supplier is liable for the correct description and execution of his products.

The supplier sets Like A Local Guide free of any claims, damages or cost (including punitive damages, compensations or other claims) etc., arising from his or his co-workers actions or omissions and will support Like A Local Guide in defending any related claims. In particular but not exclusively with regard to claims of all sort from customers and participants, their relatives, claims of third parties due to violation of their rights, individual rights, intellectual property rights, unfair competition, copyright etc. The supplier shall be liable for legal defense costs such as legal, judicial, experts' fees, etc.

27. Liability of Like A Local Guide

27.1 With regard to the supplier

Like A Local Guide is liable according to the applicable law. The liability for auxiliary persons is excluded. The liability for personal actions is only given in the case of intent or gross negligence on the part of Like A Local Guide. The liability for slight negligence is excluded. This provision also applies to non-contractual liability.

The liability for computer viruses, spyware programs and other damages caused by computer programs is excluded.

27.2 Contract between the Customer and the Supplier

Like A Local Guide is under no legal title a party in the contract between supplier and customer. Like A Local Guide has with regard to the contracting parties, neither customer nor the supplier, an affirmative obligation to act in order to protect others. Like A Local Guide gives no promises to third parties.

Neither customer nor supplier may derive from their contract rights or obligations with regard to Like A Local Guide. Like A Local Guide is neither liable for the conduct of the customer or third party, nor for the conduct of the supplier. 

28. Contract length and extraordinary termination

The contract is concluded for an indefinite period. The contract can always be resolved. A termination can be done automatically by using the appropriate function in the supplier administration area. Remaining confirmed bookings must be executed as planned.

The contract may be terminated without reason by Like A Local Guide, if certain circumstances prohibit further collaboration. These are in particular, but not exclusively products as described in number 5.3, false information in the supplier account, forums, false promises to Like A Local Guide ort he customer, failing execution of service offers without reason, disobeyance of legal provisions and/or safety standards. In these cases Like A Local Guide will terminate the supplier account.

29. Place of Fulfilment

As place of fulfilment, the parties agree Tallinn, Estonia.

30. Change of the given Booking Terms

Like A Local Guide reserves the right to modify these Booking Terms at any time. Like A Local Guide will notify the supplier with a message to his supplier account and about any changes in these Booking Terms. The supplier has 30 calendar days to accept or reject the revised conditions. The supplier may accept via e-mail or by silence while continuing to use the booking platform. If Like A Local Guide does not receive a negative feedback by the given deadline, the changes in the Booking Terms will be adopted. The changed conditions will be valid for all new incoming bookings.

The Booking Terms are also accepted, if the supplier uploads new products or modifies existing products within the 30-day period.

31. Miscellaneous

If any provision of these Booking Terms is invalid or should become invalid, the remaining provisions shall remain in effect. The invalid provision should be replaced with the one that is closest to the economic intent of the parties involved.

Concerning working days, times and deadlines in the relationship with Like A Local Guide, the regulations of Estonia are authoritative.

Concerning times and deadlines regarding the relationship of customers and suppliers, the time zone of the supplier is authoritative.

Upon termination of this contract, already concluded contracts with customers are properly to fulfill.

32. Applicable Law

32.1 Applicable law for the Contract between Supplier and Customer

The contract between supplier and customer is subject to applicable laws and the general Terms & Conditions of Like A Local Guide.

32.2 Applicable Law for the contract between Like A Local Guide and the supplier, and venue of jurisdiction

These Booking Terms and any further legal relations are subject exclusively to Estonian law. The agreement of the United Nations Convention on the International Sale of Goods (Vienna Sales Convention) is explicitly excluded.

As exclusive venue of jurisdiction Estonia is agreed.