Withalocal LLC (WAL), is a limited liability company, incorporated under Florida State law, company registration number L20000259231, having its registered address at 1555 North Treasure Drive apt 511, North Bay Village, FL 33141, EIN number 85-2800861. WAL provides an online platform withalocal.net that connects local hosts who wish to share their knowledge of and experience of specific travel destinations with visitors seeking to receive hosts’ services related to visiting such destinations. Through the platform, visitors can book experiences and activities with local hosts all over the world. WAL is a marketplace where demand (visitors or travelers) meets supply (local hosts). WAL promotes the host’s profile as well as offerings and help them succeed in their endeavor.
By making a reservation through our platform, visitors enter into a direct contractual relationship with the local host with whom they make a reservation. From the point when the booking is made, WAL acts solely as an intermediary between the visitor or traveler and the host. WAL is not a party to any agreement between the visitor and the host and is not liable for any (attributable) failure to perform or other damages arising out of this relationship
These terms and conditions (as amended from time to time, the “Terms”) govern the use of withalocal.net platform services (the “Services”) provided by WAL LLC and access of such Services through the website withalocal.net (the “Site”) or application for mobile devices (the “Application”).
Please read these Terms carefully as by using the Site or Application, irrespective of whether you become a registered user of the Services or not, you accept these Terms and conditions in full. If you disagree with these Terms or any part of these Terms, you must not use the Site, Application or Services.
KEY DEFINITIONS AND INTERPRETATION
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“Activity” means services that a Host may provide to a Traveler in relation to a specific travel destination (e.g. picking up from the airport, showing the best bars and restaurants in town, sightseeing or visiting non-touristic places, etc.). The services must comply with local and international legal regulations.
“Activity Fee” means an amount due and payable by a Traveler for the Activity.
“Host” means a User – a natural person who creates the Profile via the Site, Application and provides activities.
“Tour operator” means a User – a company who creates the profile via the site, application and provides activities and services
“User” means an individual or company who completes the withalocal.net account registration process, including but not limited to the Hosts, Tour operators and Travelers.
“User Content” means all Content that a User posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
“Traveler or visitor” means a User who requests from a Host a booking of an activity via the Site, Application or Services.
“you”, “your” and “yours” means you a User of the Site or Application.
“we”, “us” and “our” are references to WAL.
Interpretation of host
On WAL, a ‘host’ is a broad definition of a person who resides in a certain location and wishes to share his personal local experience with travelers he meets on WAL so that they could become acquainted with the area from the perspective of a local. WAL hosts must meet all legal requirements to give tours in their area. In some cases, and in some locations, this means that a specific license has to be obtained from an appropriate authority. However if a WAL host is simply accompanying travelers, offers practical advice or shares his experience about ‘best bars and restaurants’, ‘non-touristic spots’, ‘shopping areas’ etc. he may just be a passionate local person without any formal training in tour organizing.
Description of the Services
WAL makes available an online platform for the Hosts and Travelers to meet online and arrange activities directly with each other.
By using the Site or Application, the Hosts may create profiles (the “Profiles”) that provide information about their knowledge of and experience with a specific travel destination, and may make themselves available to offer activities to the Travelers. Based on the Profiles and Activity descriptions, the Travelers may select the Hosts to provide the activity.
Role and responsibilities of WAL
WAL is not a tour operator nor a travel agent. WAL does not provide the activity or any other travel or similar services. Its role and responsibilities are strictly limited to (i) facilitating the connections between the Hosts, Tour operators and Travelers in arranging for the Activity and (ii) processing payment transactions between the Hosts, Tour Operators and Travelers, when the latters book the Activity and/or Service. With reference to above, you understand and agree that WAL is not a party to any agreement between the Host, Tour Operator and Traveler in relation to the Activity and/or Service. When a Traveler books an activity or service, any contract entered , written or oral, will be between Host, Tour Operator and the Traveler. Hosts and Tour Operators only will be responsible for performing the obligations of any contracts with the Travelers, and WAL will not be liable in connection with such contracts.
All Intellectual Property to the Content (except for the User Content) featured or displayed on the Site or Application the Services, is the property of WAL and is protected by copyright laws, patent and trademark laws and other legislation. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application or Services.
Subject to your compliance with these Terms, WAL grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to (i) access and use the Site and Application solely in connection with your use of the Services, and (ii) access and use any content, information and related materials that may be made available through the Services.
You are responsible for obtaining the data network access necessary to use the Services. You understand that such access may involve third-party fees (such as Internet service provider).
YOUR USE OF THE SERVICES
You are responsible for any actions that take place while using your withalocal.net account. Keep your username and password secure and do not allow anyone else to use them to access the Services. WAL is not responsible for any loss that results from unauthorized use of your username and password, with or without your knowledge.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
Requirements for the Hosts, Profiles and Activities
If you are a Traveler, you understand and agree that a Host is not an individual involved in professional travel activities. A Host is not always a licensed and/or qualified tour guide. He or she is a person, who resides and has knowledge of a certain area and wishes to share it with the Travelers so that they become acquainted with the area from the perspective of a local.
As a Host, you may create a Profile where you can showcase a range of original local Activities as well as personal information you wish to share with Travelers about you and your area. The Profile will be made publicly available via the Services, and Travelers will be able to book Activities via the Site, Application and Services based upon the information provided in your Profile. Travelers will also be able to provide feedback on your Activities and rate you as a Host. We will monitor all feedback obtained from Travelers prior to publishing any reviews on your Profile, however we cannot be held liable for any derogatory or negative feedback received from Travelers.
If you are a Host, you represent and warrant that your Profile and Activities (i) will not breach any agreements you have entered into with any third parties, (ii) will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply, and (iii) will not conflict with the rights of third parties.
Please also note that any Activity offered by a Host must comply with the following requirements: (i) the Activity has to be delivered personally by the Host who confirmed the booking, (ii) the Traveler may not be joined to the Activity booked by or delivered to other Travelers.
User Interaction and Conduct
You are solely responsible for your interactions with other Users, whether online or in person. WAL assumes no responsibility or liability for any loss or damage resulting from any interaction with other Users of the Services. You agree to take reasonable precautions in all interactions with other Users and conduct any necessary investigation before meeting another person. WAL is under no obligation to become involved in any disputes between Users, but may do so at its own discretion.
For communications about bookings all Users will be offered a private messaging facility. Such facility must be used in a professional, courteous manner and only in relation to Activities. We reserve the right to monitor and suspend any User accounts we suspect of abusing the private messaging facility.
Sharing your contact details, such as your phone numbers, emails, links to other sites and social networks, is not allowed before a booking is confirmed and paid. Communication before booking is for discussing your tour details only. Contact details of both parties will be automatically released after booking is confirmed via the WAL payment system. In case you bypass the withalocal.net platform, you isolate yourself from safe payments, customer support in case of dispute, refund policies and trustful reputation through our review system. Any attempts to exchange contacts before booking or execute transactions outside of the website can also be a reason for limiting you from using our services. If necessary, your internal communication on withalocal.net can be reviewed by WAL staff. This is to provide you a better support should a conflict arise that requires escalation between you and another user.
You agree not to use the Services (i) to post or transmit any material which is or may be infringing on intellectual property rights of others, harassing, threatening, false, misleading, inflammatory, libelous, an invasion of privacy or disclosure of private information, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or in other ways may give rise to civil liability or non-compliance with any relevant laws of your local jurisdiction, (ii) to sell, promote, or advertise any product or service other than Activities, (iii) to advertise sexual services, (iv) to advertise or promote any illegal product or service, and (v) to promote any political, ethnic, racial or religious organization or belief.
When using the Site, Application and our Services you shall not (i) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs, (ii) interfere with or disrupt the integrity or performance of the Site or Application or the data contained therein, or our servers or networks, (iii) attempt to gain unauthorized access to the Site or Application or its related systems or networks or to any other computer system or website, or (iv) take any action that imposes an unreasonably or disproportionately large load on our system.
You are solely responsible for all User Content that you upload, post, publish or display or email or otherwise use via the Services.
All User Content submitted by you on the Site or Application or via the Services will be considered non-confidential and non-exclusive. You grant to WAL a non-exclusive, irrevocable, worldwide, transferable, royalty-free, perpetual right to use your User Content in any manner or media now or later developed, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner in all formats and distribution channels.
We reserve the right to monitor all User Content uploaded to the Site or Application at any time. We may decide, without notice to you, to remove, edit or delete any User Content where we consider at our sole discretion that such User Content is either bogus or in breach of these Terms. If WAL chooses to monitor any User Content, it assumes no responsibility for, or any obligation to monitor or remove, such User Content.
You agree that WAL, in its sole discretion, may suspend or terminate your User’s account (or any part thereof) or use of the Services and remove and discard any content within the Service, for any reason. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services, may be referred to appropriate law enforcement authorities.
We reserve the right to terminate your access to the site for any reason or no reason.
In some instances, your bank or credit card issuer may charge you a fee for foreign transactions. Before purchasing any service, please check with your bank or credit card issuer for more information about its policies regarding foreign transaction fees.
You agree that WAL may charge a Payment processing fee.
In case of any violation of legal acts, committed during the process of payments concerning services of the Site, the User will be immediately restricted from using the Site and all relevant useful data about User’s personal identification information will be shared with legal authorities in cooperation for investigation.
If you are a Traveler and wish to book an Activity, you may do so either through the Site or Application. In case information provided in a Profile of a particular Host or an Activity Description is not sufficient for you to decide on the Activity or you have any special requests relating to the Activity, you will be able to discuss this with the Host via our private messaging facility. The Activity Fee payable in connection with the Activity and booking will be displayed to you before sending a booking request to a Host. As a Traveler, you agree to pay WAL the Activity Fee for any booking requested in connection with your account if such requested bookings are confirmed by the applicable Host.
If you are a Host and a booking is requested for your Activity through the Site or Application, you will be required to either confirm or reject the booking within 48 hours from when the booking is requested. Otherwise the booking request will be automatically canceled.
A Host individually determines the Activity Fee.
Before setting the Activity Fee the Host must evaluate the fees and any local taxes applied for providing Activities. The Activity Fee has to include any such fees and taxes that the Host determines that he/she has to collect. The Activity Fee displayed in the advertisement of an Activity or Profile includes all fees and taxes and is final for the Traveler.
As a Host you understand and agree that 100% of the amount paid for the Activity, less our service fee, will be considered as your personal income and taxes will be accounted for the entire amount.
As a Host upon signing up for an account you will be liable to pay a service fee to WAL for using the withalocal.net platform. The service fee will be agreed once you create a profile.
The transfers are made to your account using our payment provider to the account you have provided.
The service fee will be paid on the day when we initiate payment to you for the Activity. We will upon the date of such payment consider our services fully rendered and upon the request of the Host will issue VAT invoice for the services of using the withalocal.net platform.
A Traveler can make a payment once a Host accepts his booking. At the time of payment, a credit or debit card of the Traveler, who made the booking, is debited the full amount of the Activity Fee.
We will initiate transfer of the Activity Fee (less our service fee) to the Host within 48 hours after the completion of the Activity if no disputes have been filed. The service fee will be deducted from the Activity Fee.
We will transfer the host earnings to the account specified by the Host 48 hours after the activity has been completed and no disputes have been filed from the travelers attending the activity. The amount of time it takes for the host to receive its funds will vary depending on the payment method chosen by him/her. Hosts will bear any foreign currency processing, conversion costs and banks fees incurred in the transfer.
Sometimes our supplier requires additional documents in order to make the transfer. These documents can include passport, domestic id or in some cases also a utility bill or a bill from another known company showing your name and address. If this is required by our supplier, we cannot make the transfer until we have received such documents.
We will make several attempts to contact the Host but if we have not received such documents, that are approved by our supplier within 3 months, we will cancel the payout and shut down the host account.
Administration of Users funds
Users acknowledge and agree that funds paid to WAL for the booked activities are provided to WAL solely for the purpose of obtaining and paying for Services, including, without limitation, payment of total activity fee, and service fee and other fees we are permitted to charge under these Terms (such amounts “Users Funds”). WAL agrees to hold such Users Funds in trust in one or more accounts with banks or financial institutions of WAL’s choice (such accounts, the “Customer Accounts”), and not to use any of such Users Funds for its own operations (except service fee, any interest earned on Users Funds and expenses and other amounts reimbursed or paid to WAL as permitted under these Terms). Upon receipt of Users Funds, WAL agrees to deposit and hold all such funds in one or more Customer Accounts. Hosts specifically authorize WAL to make payment out of such Customer Accounts to WAL of any service fee, interest earned on Users Funds, refunds to Travelers and for reimbursement or payment of expenses otherwise permitted under these Terms. Similarly, Travelers specifically authorize WAL to make payment out of such Customer Accounts to WAL of any portion of Activity Fees due a Host, interest earned on Users Funds and for reimbursement or payment of expenses otherwise permitted under these Terms.
WAL may in its sole discretion invest or deposit such funds in an interest bearing or similar account with a bank or financial institution. Users agree that they will not receive interest, other earning or return on the Users Funds that WAL administers in the Customer Account. In consideration for your use of the Services, you irrevocably transfer and assign to WAL any ownership right that you may have in any interest, returns or earnings that may accrue on Users Funds held in a Customer Account. This assignment applies only to interest, returns or earnings earned on Users Funds held in Customer Accounts, and nothing in these Terms grants WAL any ownership right to the principal of the Users Funds (except for services fees and expenses and other amounts reimbursed or paid to WAL as permitted under these Terms).
WAL may, at any time, without notice to or consent of users, modify the specific terms set forth in this section with respect to Customer Accounts or adopt different terms with respect to the holding, administration and investment of Users Funds