Terms of Service
Definitions
"tenLocals.com", "us", "we" or "our" means Lizard Soft Inc. incorporated under the laws of the State of Delaware, USA, and having its registered address at 8 The Green, STE 5447, Dover 19901, Delaware, USA. "Platform" means the (mobile) website and app on which the Online Experience Service is made available owned, controlled, managed, maintained and/or hosted by tenLocals.com. "Experience" means the various different travel products and services that can be ordered, acquired, purchased, bought, paid, rented, provided, reserved, combined or consummated by you from the Experience Provider.
"Experience Provider" means the professional provider of experiences, a tour operator, and any other travel or related product or service as from time to time available for Experience Reservation on the Platform (whether B2B or B2C).
"Online Experience Service" means the online purchase, order, (facilitated) payment or reservation service as offered or enabled by tenLocals.com in respect of various products and services as from time to time made available by Experience Providers on the Platform.
"Experience Reservation" means the order, purchase, payment, booking or reservation of an Experience.
1. Scope of Service
Through the Platform, we provide an online platform through which Experience Providers – in their professional conduct of business (i.e. B2C or B2B) – can advertise, market, sell, promote and/or offer (as applicable) their products and service for order, purchase, reservation, hire, and through which relevant visitors of the Platform can discover, search, compare, and make an order, reservation, purchase or payment (i.e. the Online Experience Service). By using or utilizing the Online Experience Service (e.g. by making an Experience Reservation through the Online Experience Service), you enter into a direct (legally binding) contractual relationship with the Experience Provider with which you make a reservation or purchase a product or service (as applicable). From the point at which you make your Experience Reservation, we act solely as an intermediary between you and the Experience Provider, transmitting the relevant details of your Experience Reservation to the relevant Experience Provider(s) and sending you a confirmation email for and on behalf of the Experience Provider. tenLocals.com does not (re)sell, rent out, offer any (travel) product or service.
When rendering our Online Experience Service, the information that we disclose is based on the information provided to us by Experience Providers. As such, the Experience Providers that market and promote their Experience on the Platform are given access to our systems and extranet through which they are fully responsible for updating all rates/fees/prices, availability, policies & conditions and other relevant information which is displayed on our Platform. Although we will use reasonable skill and care in performing our Online Experience Service, we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Experience Provider remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates/fees/prices, policies & conditions and availability) displayed on our Platform. Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any Experience Provider (or its facilities, venue, vehicles, (main or ancillary) products or services) made available, save as explicitly indicated or set out otherwise.
Our Online Experience Service is made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, reservations, tickets, products or services available on our Platform for any commercial or competitive activity or purpose.
2. Prices
The prices as offered by the Experience Providers on our Platform are highly competitive. All prices for your Experience are displayed including VAT/sales tax and all other taxes (subject to change of such taxes) and fees, unless stated differently on our Platform or the confirmation email/ticket. Ticket prices are per person or group and subject to validity or expiration as indicated on the ticket, if applicable. Applicable fees and taxes (including tourist/city tax) may be charged by the Experience Provider in the event of a no-show or cancellation.
The currency converter is for information purposes only and should not be relied upon as accurate and real time; actual rates may vary.
Obvious errors and mistakes (including misprints) are not binding.
All special offers and promotions are marked as such. If they are not labelled as such, you cannot derive any rights in the event of obvious errors or mistakes.
3. Privacy and cookies
What kind of personal data does tenLocals.com collect?
We can’t help you book the perfect Experience without information, so when you use our services there are certain pieces of information we ask for. This is pretty basic stuff – your name, preferred contact details, the names of anybody virtually travelling with you and your payment information. You may decide for yourself to submit special requests for your upcoming Experience (for example, certain preferences). In addition to this, we also collect information from your computer, phone, tablet or other device you are using to access our services. This includes the IP address, the browser you use, and your language settings. There are also situations in which we receive information about you from others or automatically collect other information.
How does tenLocals.com share your data with third parties?
There are different parties integrated into the tenLocals.com services in various ways and for various reasons. The primary purpose is to share your data relevant for your Experience with the Experience Provider to complete your Experience Reservation. There are also other parties which can receive some of your data, which are parties we involve to provide you with the tenLocals.com services. This includes for example - financial institutions, advertisers, and other affiliates of the tenLocals.com or in some cases, if we are required by applicable law, governmental or other authorities. We do not sell or rent your personal data.
How can you control the personal data you have given to tenLocals.com?
You always have the right to review the personal data we keep about you. You can request an overview of your personal data by emailing us to the email address support@tenLocals.com.
4. Free of charge for consumers
Unless indicated otherwise, our service is free of charge for consumers because, we will not charge you for our Online Experience Service or add any additional (reservation) fees to the rate. You will pay the Experience Provider the relevant amount as indicated in the Experience Reservation (plus - insofar not included in the price – relevant applicable taxes, levies and fees (if applicable)).
Experience Providers pay a commission to tenLocals.com.
5. Credit card
If applicable and available, certain Experience Providers offer the opportunity for Experience Reservations to be paid (wholly or partly and as required under the payment policy of the Experience Provider) to the Experience Provider during the Experience Reservation process by means of secure online payment (all to the extent offered and supported by your bank). For certain products and services, tenLocals.com facilitates (through third party payment processors) the payment of the relevant product or service (i.e. the payment facilitation service) for and on behalf of the Experience Provider (tenLocals.com never acts nor operates as the merchant of record). Any payment facilitated by us for and on behalf of, and transferred to the Experience Provider 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 and you cannot reclaim such paid monies.
For certain (non-refundable) rates or special offers, please note that Experience Providers may require that payment is made upfront by credit card, and therefore your credit card may be pre-authorised or charged (sometimes without any option for refund) upon making the Experience Reservation. Please check the (reservation) details of your product or service of choice thoroughly for any such conditions prior to making your Experience Reservation. You will not hold tenLocals.com liable or responsible for any (authorized, (allegedly) unauthorized or wrong) charge by the Experience Provider and not (re)claim any amount for any valid or authorized charge by the Experience Provider (including for pre-paid rates, no-show and chargeable cancellation) of your credit card.
In the event of credit card fraud or unauthorised use of your credit card by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse, which may sometimes be subject to a deductible (usually set at EUR 50 (or the equivalent in your local currency)). In the event that your credit card company or bank charges the deductible from you because of unauthorised transactions resulting from a reservation made on our Platform, we will pay you this deductible, up to an aggregate amount of EUR 50 (or the equivalent in your local currency). In order to indemnify you, please make sure that you report this fraud to your credit card provider (in accordance with its reporting rules and procedures) and contact us immediately by email (support@tenLocals.com). Please state 'Credit card fraud' in the subject line of your email and provide us with evidence of the charged deductible (e.g. policy of the credit card company). This indemnification only applies to credit card reservations made using tenLocals.com's secure server and the unauthorised use of your credit card resulted through our default or negligence and through no fault of your own while using the secure server.
6. Payment and cancellation terms
By making an Experience Reservation with an Experience Provider, you accept and agree to the relevant Payment and cancellation terms of that Experience Provider, and to any additional (delivery) terms and conditions of the Experience Provider that may apply to your Experience (including the fine print of the Experience Provider made available on our Platform, including for services rendered and/or products offered by the Experience Provider. The relevant (delivery/purchase/use/carrier) terms and conditions of an Experience Provider can be obtained with the relevant Experience Provider. The general Payment and cancellation terms of each Experience Provider is made available on our Platform on the Experience Page that include the relevant itinerary and all other information about the Experience and during the booking procedure. Please note that certain rates, fees or special offers are not eligible for cancellation, refund or change. Please check the (reservation) details of your product or service of choice thoroughly for any such conditions prior to making your reservation. Please note that an Experience Reservation which requires down payment or (wholly or partly) prepayment may be cancelled (without a prior notice of default or warning) insofar the relevant (remaining) amount(s) cannot be collected in full on the relevant due or payment date in accordance with the relevant payment policy of the Experience Provider and the reservation. Payment and cancellation terms may vary from Experience to Experience. Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are for your own risk and account and you shall not be entitled to any refund of any (non-refundable) prepaid amount unless the Experience Provider agrees or allows otherwise under its (pre)payment and cancellation policy.
We recommend that you read the Payment and cancellation terms of the Experience provider carefully prior to making your reservation and remember to make further payments on time as may be required for the relevant reservation.
If you have a late or delayed arrival on the Experience start date or only arrive the next day, make sure to (timely/promptly) communicate this with the Experience Provider so they know when to expect you to avoid cancellation of your Experience (Reservation) or charge of the no-show fee. tenLocals.com does not accept any liability or responsibility for the consequences of your delayed arrival or any cancellation or charged no-show fee by the Experience Provider.
7. (Further) correspondence and communication
By completing an Experience Reservation, you agree to receive (i) an email which we may send you shortly prior to the Experience start date, giving you information on your destination and providing you with certain information and offers (including third party offers to the extent that you have actively opted in for this information) relevant to your Experience (Reservation) and destination, (ii) an email after your Experience to rate the (experience with your) Experience Provider and the Online Experience Service
tenLocals.com disclaims any liability or responsibility for any communication by or with the Experience Provider on or through its platform. You cannot derive any rights from any request to, or communication with the Experience Provider or (any form of) acknowledgement of receipt of any communication or request. tenLocals.com cannot guarantee that any request or communication will be (duly and timely) received/read by, complied with, executed or accepted by the Experience Provider.
In order to duly complete and secure your Experience Reservation, you need to use your correct email address. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address or inaccurate or wrong (mobile) phone number or credit card number.
Any claim or complaint against tenLocals.com or in respect of the Online Experience Service must be promptly submitted, but in any event within 30 days after the scheduled day of consummation of the product or service (e.g. check out date). Any claim or complaint that is submitted after the 30 days period, may be rejected and the claimant shall forfeit its right to any (damage or cost) compensation.
Due to the continuous update and adjustments of rates and availability, we strongly suggest to make screenshots when making a reservation to support your position (if needed).
8. Guest reviews
tenLocals.com reserves the right to adjust, refuse, or remove reviews at our sole discretion insofar it violates our review policy.
tenLocals.com does not compensate or otherwise reward a customer for completing a review. The guest review form should be regarded as a survey and does not include any (further commercial) offers, invitations, or incentives whatsoever. tenLocals.com undertakes to use its best efforts to monitor and remove reviews that include obscenities or the mention of an individual’s name or reference to stolen goods.
tenLocals.com will not accept reviews which include:
tenLocals.com and the Experience Provider are each entitled to terminate their relationship for whatever reason (including in the event of breach of contract or (filing for) bankruptcy) with due observance of the relevant notice period as agreed between both parties.
9. Disclaimer
Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the Experience Reservation confirmation email (whether for one event or series of connected events).
However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the Experience Provider as made available on our Platform, (iii) the services rendered or the products offered by the Experience Provider or other business partners, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our Platform, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Experience Provider or any of our other business partners (including any of their employees, directors, officers, agents, representatives, subcontractors or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the Platform, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
tenLocals.com is not responsible (and disclaims any liability) for the use, validity, quality, suitability, fitness and due disclosure of the Experience and makes no representations, warranties or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement or fitness for a particular purpose. You acknowledge and agree that the relevant Experience Provider is solely responsible and assumes all responsibility and liability in respect of the Experience (including any warranties and representations made by the Experience Provider). tenLocals.com is not a (re)seller of the Experience. Complaints or claims in respect of the Experience (including related to the offered (special/promotion) price, policy or specific requests made by Customers) are to be dealt with by the Experience Provider. tenLocals.com is not responsible for and disclaims any liability in respect of such complaints, claims and (product) liabilities.
Whether or not the Experience Provider has charged you for your Experience, or if we are facilitating the payment of the (Experience) price or fee, you agree and acknowledge that the Experience Provider is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the (Experience) price or fee to the relevant tax authorities. tenLocals.com is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the (Experience) price or fee to the relevant tax authorities. tenLocals.com does not act as the merchant of record for any product or service made available on the Platform.
By uploading photos/images onto our system (for instance in addition to a review) you certify, warrant and agree that you own the copyright to the photos/images and that you agree that tenLocals.com may use the uploaded photos/images on its (mobile) website and app, and in (online/offline) promotional materials and publications and as tenLocals.com at its discretion sees fit. You are granting tenLocals.com a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos/images as tenLocals.com at its discretion sees fit. By uploading these photos/images the person uploading the picture(s) accepts full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, accommodation owners) due to tenLocals.com publishing and using these photos/images. tenLocals.com does not own or endorse the photos/images that are uploaded. The truthfulness, validity and right to use of all photos/images is assumed by the person who uploaded the photo, and is not the responsibility of tenLocals.com. tenLocals.com disclaims all responsibility and liability for the pictures posted. The person who uploaded the photo warrants that the photos/images shall not contain any viruses, Trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by tenLocals.com at any time and without prior notice.
10. Intellectual property rights
Unless stated otherwise, the software required for our services or available at or used by our Platform and the intellectual property rights (including the copyrights) of the contents and information of and material on our Platform are owned by tenLocals.com, its Experience Providers or providers.
tenLocals.com exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the Platform on which the service is made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the Platform or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to tenLocals.com. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).
11. Applicable law, jurisdiction, and dispute resolution
These terms and conditions and the provision of our services shall be governed by and construed in accordance with a law of the State of Delaware, USA. Notwithstanding the foregoing choice of law, a natural person using any of our services for a purpose which can be regarded as being outside their trade or profession (hereinafter also referred to as "consumer") can rely on the mandatory provisions of the law of the country where they have their habitual residence (i.e. provisions that, in accordance with the choice-of-law rules of the said country, must apply regardless of this choice-of-law clause; hereinafter: "Mandatory Provisions"). Any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in the State of Delaware, USA. Notwithstanding the foregoing jurisdiction clause, a consumer may also bring proceedings in respect of enforcement of relevant applicable Mandatory Provisions in the courts of the country in which they are domiciled, and proceedings against a consumer may be brought only in the courts of the country in which they are domiciled. For consumers (in the European Economic Area): We advise you to first notify us of any complaints by contacting our Customer Care. If this does not resolve your complaint, you can upload your complaint via the European Commission's ODR platform. This platform for online dispute resolution can be found here: http://ec.europa.eu/odr.
The original English version of these terms and conditions may have been translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the English version and any other language version of these terms and conditions, the English language version to the extent permitted by law shall apply, prevail and be conclusive. The English version is available on our Platform (by selecting the English language) or shall be sent to you upon your written request.
If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.
12. About tenlocals.com
The Online Experience Service is rendered by Lizard Soft Inc. incorporated under the laws of the State of Delaware, USA, and having its registered address at 8 The Green. STE 5447, Dover 19901, Delaware, USA.