LOOKALS TERMS OF SERVICE
Last Updated: April the 7th 12 of 2016
1. LOOKALS.COM [Powered by NEARBY SRL]
Lookals is a brand owned by Nearby Srls, corporation that aims to promote and develop an online platform about travelling. It is dedicated to an advanced search and to the booking of itineraries and cultural activities (from now on, ”Tour”) with touristic, environmental and alpine guides, tour operators, groups and associations of tour, cultural and recreational guides, as well as freelance professionals (from now on “Local Guides”). Nearby Srls (from now on “Lookals”) offers a series of tools and services (from now on “Services”) which facilitate the encounter and communication between Local Guides, that offer guided itineraries and cultural activities, and natural or legal persons that would like to book them. These services are available on www.lookals.com (from now on “Lookals”). Those who visit and use Lookals (from now on “User”) agree to adapt to the following terms and conditions explained in the following “Terms and conditions of service” (from now onwards “Terms”), whether they will become registered users of the Services or not.
LOOKALS IS AN ONLINE PLATFORM WHERE LOCAL GUIDES CAN CREATE ADS (THIS IS HOW THEY WILL BE CALLED FROM NOW ON) ABOUT ITINERARIES AND CULTURAL ACTIVITIES, AND USERS WILL BE ABLE TO LEARN ALL ABOUT AND BOOK THEM BY BECOMING CLIENTS (THIS HIS HOW THEY WILL BE DEFINED FROM NOW ON). THE USER UNDERSTANDS AND AGREES THAT NEARBY HAS NOT DRAWN UP A CONTRACT BETWEEN LOCAL GUIDES AND USERS THAT BOOK TOURS (CLIENTS). LOOKALS ISN’T A TRAVEL AGENCY OR TOUR OPERATOR EITHER. LOOKALS HAS NO CONTROL EITHER THE GUIDES’ NOR ON THE TOURISTS’ BEHAVIOUR AND IT EXCLUDES ANY KIND OF RESPONSIBILITY.
These Terms regulate the access to and the use of Lookals, the Services and all Collective contents (from now on referred to like this) and they indicate a binding agreement between Users and Lookals.
2. GENERAL DESCRIPTION OF THE WEBSITE AND ITS SERVICES
The Local Guide logs on to Lookals and offers a Tour by using the specific form. If it is accepted by Lookals, the tour will be displayed as an Ad on Lookals and will be bookable by Users. Users can search tours in Lookals by using a specific search engine, which includes different filters depending on the User’s preferences (location, category, language, duration, price) and will find all ads that are relative to the Tours offered by Local Guides. Users can visualize Ads without having to register on Lookals. If Users want to promote or book a Tour by using Lookals’ Services they have to register and create an account on Lookals. Once they choose the Tour they want, Users can : contact the Local Guide in order to ask for more information or ask for possible changes by using the message tool, have a look at contents and reviews written by Users who have previously experienced the Tour, book the Tour, confirm the booking by using the online paying system offered by Nearby. After having enjoyed the booked Service, Clients can leave a comment about their Local Guide and its Service. Lookals doesn’t plan the Tours. Nearby’s responsibilities are limited to: (I)facilitate the availability and online visibility of Lookals and (II) act as a temporary representative of each Local Guide, when accepting payments from Users to Local Guides.
3. REGISTERING AN ACCOUNT
As previously described (Art.2) Users who want to access to specific functions on Lookals, for example if they want to book a Tour or create an Ad, have to register and create an Account (from now on “Account”) and become a registered user on Lookals (from now on “Registered User”). Users can register in order to benefit from Lookals’ Services or log in through other accounts on some social networks (“SNS”) ( such as, just as an example, Facebook and Google). Users that decide to link their Account to accounts of third parties ( “Accounts of third parties”) allow Lookals to access their Accounts of third parties, in accordance with what is consented by the terms and conditions that discipline this matter. Users declare their right to reveal their access data to the Account of third parties to Lookals and/or to allow Lookals to access their Account of third parties, without breaking the terms and conditions that discipline the use of Accounts of third parties and without forcing Lookals to pay any kind of commission fee. Except for when it is stated in these Terms, all SNS Contents, if there are any, will be considered members’ contents for all objectives listed in these Terms. Please note that if an Account of third parties or a service to it related become unaccessible , or if the access by Lookals to this Account of third parties is ended by the third party service provider, Lookals will not be able to access to SNS Contents anymore. Users can end the connection between their Account and Accounts of third parties in any moment, by simply using the “Settings” section on Lookals. PLEASE NOTE THAT THE USER’S RELATIONSHIP WITH THEIR THIRD PARTY SERVICE SUPPLIER, ASSOCIATED TO ACCOUNTS OF THIRD PARTIES, IS DISCIPLINED ONLY BY THE AGREEMENTS THAT WERE TAKEN WITH THOSE SERVICE SUPPLIERS.
Each User can’t have more than one (1) active Account. Users agree to supply accurate, complete and current information while registering and to keep it up-to-date. Users have to protect their password. Users declare that they will not tell their password to third parties and they will be responsible for any action or activity linked to their Account, whether they authorized these actions or not. Users will immediately notify Lookals of any non-authorized use of their Account.
In accordance with the description of the term in Art. 1, Local Guides are able to create Ads about Tours. With this regard, some information about the Tour will be asked to the User, such as, for example, location, duration of the Tour, available languages, characteristics, interesting points, availability, price, what is included/excluded from the price, departing time and possible related rules. Ads that are approved by Lookals will be published on Lookals. Users understand that when a Registered User books a Tour, the shown price cannot be changed. Local Guides know and agree that they are responsible for all published ads. As a consequence, Registered Users declare and guarantee that all Ads that they will publish, reservations of Tours and the participation to a Tour (I) will not break any agreement between the Local Guide and a third party and (II)(a) they will be in compliance will all current laws, fiscal requirements, regulations that are applicable to any kind of Tour in a certain country, included, for example, laws that regulate touristic, recreational or any other kind of entourage, and (b) they will not break rights of third parties. Please note that Lookals is not responsible for the Clients’ compliance to laws, rules and regulations. Lookals reserves the right to remove or cancel the access to any Ad in any moment and for any reason, included Ads that Lookals considers questionable for any reason, if they break these Terms or are in any way damaging Lookals. If a Registered User books a Tour offered by a Local Guide and takes part in it, all agreements are between the Client and the Local Guide and Lookals is not a part of the above-mentioned agreement. Irrespective of what is stated above, Lookals acts as a temporary representative of the Local Guide in order to receive payments from Clients to the Local Guides and is responsible for depositing payments on the Local Guide’s account in the agreed period and modalities. Users agree and understand that as Local Guides they are responsible for their actions and carelessness as well as the actions and carelessness of any other individual that is present at or that uses the offered Tour , except of Clients (and individuals that are invited by the Client to participate at the Tour, when possible). Lookals advises Local Guides to pledge appropriate insurances for their services.
5. BOOKINGS AND FINANCIAL TERMS
5.1 GENERAL DESCRIPTION
If the User is a Local Guide to whom a Tour booking is asked, he can either confirm, cancel or reply to the booking with a message within 48 hours from the booking. When a booking is requested through Lookals, we’ll share the following information with the Local Guide (I) name and surname of the Registered User that has requested the booking. When the Local Guide confirms the booking, Lookals will send an e-mail and a text message to the User and will initiate the payment that is expected for the reservation. During each booking a three comma 4 percent (5%) commission (“Client’s Commission) will be applied to the price that is displayed on each Ad (“Price of the Tour”). The Price of the Tour and Client’s Commissions are called together “Total price”. PLEASE NOTE THAT IT IS THE LOCAL GUIDE, NOT LOCALS, WHO DEFINES THE COST OF THE TOUR. Lookals will pay the Price of the Tour (after detracting the Local Guide’s Commission (how it will be defined from now on)) to the Local Guide within seven days from the day the Tour took place (except when a refund is requested by the Client).
5.2 CONTRACT BETWEEN LOCAL GUIDES AND CLIENTS
Lookals offers a communication service to Local Guides by promoting the Ads they create on Lookals, by enhancing their profile and by facilitating contacts with potential clients. Unless Lookals sets up a different contract with a Local Guide, the commission fee will be fifteen percent (15%) of the price of the Tour. The relation between Lookals and Local Guides is monthly and is renewed automatically. Both parties (Local Guide and Lookals) can cancel this contract without any penalty and without having to give any explanation by sending a notification to the other part one week earlier. In case of an annulment of the contract, as a Local Guide, you remain responsible for your Tours and you will provide the Tours that were booked by Clients on Lookals until the annulment date, even if the date of the Tour is after the date of annulment of the contract with Lookals. LOOKALS DOESN’T HAVE ANY CONTRACT/ RELATIONSHIP OF AGENCY , MEDIATION OR COMMISSION WITH CLIENTS AND/OR LOCAL GUIDES.
5.3 POWER OF ATTORNEY BY LOOKALS
With the present documents, Local Guides authorize Lookals to cash in payments on behalf of Local guides, sums that were paid by Clients while booking a Tour and which Lookals left a simple receipt for. The Local guide will have to provide the Client with an invoice that states the payed sum. Local Guides agree that all payments for a Tour that take place between the Client and Lookals will be considered as if they were directly payed out to the Local Guide; the latter will have to offer his Tour Service as previously accorded as if it had already received the payment. Once the Tour is over, after a maximum of 7 days, Lookals will pay out the price of the Tour to the Local Guide. The sum will be reduced by the commission that is provided for Lokals by the present contract (Art 5.2.) . This procedure is a guarantee for Clients, as the money is passed over to the Local Guide only if the Tour takes place, and for Local Guides, that is protected in case the Client doesn’t show up. If the Client complains because of a nun-fulfillment of this contract by the Local Guide, Lookals will solve the problem by referring to these Terms. Local Guides agree that Lookals can , according to the Cancellation Policy in these Terms, (I) allow the Client to cancel a booking and (ii) refund that percentage of the total Price of the Tour that is defined in the cancellation Policy to the Local Guide, when applicable. When accepting to be a temporary representative of the Local Guide, Lookals doesn’t take charge of possible actions or omissions on the part of the Local Guide. Local guides have to provide all Clients with an invoice and they will have to consign it personally to them.
5.4 BOOKING AND FINANCIAL TERMS FOR THE CLIENT
Clients acknowledge and accept that Lookals is not part of the agreement between themselves and Local Guides. Lookals will only be responsible for promoting Ads and paying Local guides after having received payments on their behalf by Clients. After having payed the Total Price (art. 5.1) to Lookals the Client is no longer obliged to pay the Local Guide, as Lookals will responsible for depositing the sum to the Local Guide, after detracting the Commission of the Local Guide. If Lookals doesn’t pay the sum to the Local Guide, the latter will charge only Lookals and nobody else. The Tour Ads specify the Price of the Tour. As previously stated (art. 5.1) Local Guides are requested to confirm, reject or reply with a message to the requested bookings within 48 hours after having received them (according to what is established by Lookals at its complete discretion).
Once Lookals notices that the booking was confirmed by the Local Guide, it will ask the Client to pay the Total Price of the Tour as a confirmation of the reservation, accordingly to the present Terms. Please note that Lookals can’t control any possible commissions that banks can charge to Clients when they pay the Total Price to Lookals; Lookals excludes any responsibility in such a case. With relation to the confirmation of a booking, Clients will be requested to provide Lookals or the third party that elaborates payments with their billing information, such as name, billing address and credit card details. With the present document Clients authorize Lookals directly, or third parties that elaborate payments online indirectly, to collect the payments by charging the credit card that was provided at the time of the reservation or any other payment method that is accepted and used on Lookals.
5.5 CONTRACT BETWEEN CLIENTS AND LOCAL GUIDES
As regards the disposal of the Tours, Lookals is not in any way part of the contract, neither implicit nor explicit, it doesn’t represent neither the Clients, nor the Local Guides or third parties. Therefore, all mandatory and/or contractual relationships and the connected responsibilities are exclusively of the Clients or Local Guides. The Local Guide is the only responsible for having the Tour take place, if the above-mentioned Local Guide has previously confirmed the Client’s booking. Another duty of the Local Guide is to provide the Client with a receipt related to the Tour itself. Both Clients and Local Guides acknowledge that they are responsible for fulfilling the commitments that derive from their agreements. Lookals is not part of those agreements and excludes any kind of responsibility linked to the above-mentioned agreements, except for the payment duties that are described in this document (Art. 5.3 and 5.4). Clients and Local Guides acknowledge that they have to sign and respect the agreements about Responsibilities and Conduct of Users and Local Guides.
Any kind of responsibility linked to the fulfilling of those agreements is theirs only, and not Lookals’s.
6. CANCELLATIONS AND REFUNDS
Any kind of cancellation of a Tour by a Client has to be done via e-mail at this address [email protected] The date when the cancellation is requested will determine the amount of money that will be refunded to the Client itself according to the following modalities: (a) if the cancellation takes place within 60 days before the date of the Tour the whole amount will be refunded to the Client, except of the Client’s Commission (Art. 5.1) and the bank expenses linked to the transaction; (b) if the cancellation takes place between 59 and 31 days before the Tour, the Client will receive a 70% refund of what he paid during the booking; (c) if the cancellation takes place less than 30 days before the booked Tour, the Client will not be refunded. If the Local Guide should happen to have to cancel a Tour because of bad weather or other circumstances, the by the Client requested refunds will be treated in the following way: (a) Lookals contacts the Client and asks him if he wants to re-book the same Tour on an other day without any extra expense; (b) if the Client can’t book the same Tour on an other date, Lookals will offer the Client credit to buy an other Tour on Lookals; (c) if the Client does not accept the credit, he will be refunded for the booked Tour and will have to wait as long as the law requires. If the client chooses the second option (b), the difference in price between the canceled Tour and the new one will be refunded to him when necessary.
If the Guide cancels the booking of a Tour at least 144 hours before the start of the Tour, the Local Guide will not have to pay any penalty. If the Local Guide cancels a booking 144 hours or less before the start of the Tour, this Local Guide will have to pay a penalty that consists of 20% of the price of the Tour. The penalty will be equally shared between the Client and Lookals.
7. CONDUCT AND RESPONSIBILITIES OF USERS
Users are responsible for their conduct and their “Contents”, this being everything they upload or make available on Lookals. Users accept that they will keep all personal information accurate, complete, up-to-date and authentic. Users agree that their use of Lookals is at their own risk, they agree to be cautious and use their good sense in all interactions with other Users and they agree to relieve Lookals from any kind of responsibility connected to the online and offline conduct of other Users. By using the Portal and its Services the User will NOT: pass on, spread or publish illegal, maddening, libelous, immoral, slanderous, obscene, gross, pornographic, racist or harmful contents; spread advertisement or promotional material through Lookals; upload any kind of virus, file or program that is meant to interrupt, destroy or limit the normal operation of software, hardware and Lookals’s or other machinery on Lookals’s servers; break any law or rule that is applicable to the case; violate third parties’ rights, as well as intellectual property and privacy rights; gather, store or spread personal information of other Users; use automatic scripts to access, search, gather information or interact with the services or use automatic or manual tools that can extract or copy static and dynamic websites on Lookals, or contents on Lookals with a promotional purpose without previously asking Lookals.
8. CONDUCT AND RESPONSIBILITIES OF LOCAL GUIDES
All Local Guides can ask Lookals to publish their Ads (from now on “Tour Offer”) relative to a Tour on Lookals, by supplying texts and images that are necessary to describe the offered Tour and to create an Ad. Once the request is completed by using the appropriate form on Lookals, the Tour Offer will be judged by Lookals within 24 hours with an accurate consideration for the Terms that are here listed. Lookals isn’t obliged to accept all Tour Offers and their Ads. Lookals reserves the right, but not the duty, to promote Ads by using all available tools and means at its complete discretion. Local Guides accept to: (a) describe their Tour and offer all possible details, in a NOT misleading, wrong or deceptive way; (b) not accept tips or ask for additional payments in order to provide the Tour; (c) respect all rules and laws when offering their service (in particular in what concerns security, licenses, food preparation etc.); (d) not urge Users to book a Tour by bypassing or outflanking Lookals and its Services; (e) get all the necessary licenses and permits that are needed to provide this kind of service (as well as those relative to the places that are visited or intellectual rights of third parties that are used as a part of the Tour); (f) use the Client’s information obtained by Lookals only in order to communicate with the Client about the Tour, not for any other reason, unless the Client requests it; (g) fulfill all bookings at the price they were paid and at the time they were requested (in fact, if Local Guides want to ultimate a Tour, they accept that it has to be clearly visible, bookable by everybody, and that the specified price, date and time are an essential part of the agreement between them and the Client).
9. LOOKALS RIGHT’S
Lookals reserves the right, at its complete discretion, to modify these terms and the fees any time and without any prior notice. If Lookals changes these Terms, the changes will be published on Lookals and will send a notification of it to Registered Users. In this instance the “date of the latest update” at the top of there Terms will be revised. If a Registered Users keeps logging in and using Lookals after the announcement of a change, he accepts that he is bound to the modified Terms. If the Registered user doesn’t want to accept the changes, the only thing he can do is to stop using Lookals and its Services. Lookals also reserves the right to interrupt the Services at its complete discretion without any reason or notification and without any responsibility to third parties. It can change, suspend or interrupt Lookals and its Services (or some parts of it) temporarily or permanently. If Lookals notices any violations(even potential ones) of these Terms, the Registered User accepts that Lookals can, at its complete discretion, anytime and without responsibilities towards the Registered User or third parties: (a) interrupt immediately Registered User’s access to Lookals; (b) disable or cancel some or all accounts of the Registered User and all the relative Contents and Ads.
For more information about Privacy and the notifications related to the use of personal information by Lookals, please have a look at the advisory notice that is available on this website lookals.wpengine.com/home/privacy.
Lookals and its contents are protected by royalties, author marks and other laws, both Italian and foreign. The User acknowledges and agrees that Lookals and its contents, as well as all the property rights to it related, are an exclusive property of Lookals and its licensors. The User will not remove, change or eclipse royalties, author marks, service marks and other notifications of property rights that are present on Lookals.
12. COPYRIGHT AND INTELLECTUAL PROPERTY
All texts, graphics, editorial contents, data, diagrams, formatting, drawings, HTML, look and feel, pictures, music, sounds, images, software, video, fonts and other contents (all together they are defined as “property material”) that one can read or view on Lookals are property of Lookals or are used only after consent of the owner. This property material is defended in any form, media and technology. It is not possible to copy, download, use, re-edit, re-design or spread any content present on Lookals without previously requesting it to Lookals.
Lookals might contain links to websites or resources of third parties. Users acknowledge and accept thatLookals is not responsible for the availability and/or the accuracy of those websites and resources. Links to those websites/resources do not imply any kind of approval of them and their contents by Lookals . Users acknowledge that they are completely responsible and that they enter those websites or resources at their own risk. Some parts of the portal implement cartography services offered by Google Maps/Earth, amongst which Google Maps API. The use of Google Maps/Earth is subject to Google’s terms, which can be found at the following : http://www.google.com/intl/en_us/help/terms_maps.html.
14. DISSOLUTION AND CANCELLATION OF AN ACCOUNT
Lookals can, at its complete discretion, and without any responsibilities towards Users, with or without reasons, with or without previous notification, and at any time: (a) dissolute these Terms and the access to Lookals by the side of Users; (b) deactivate or cancel Registered Users’ accounts. In case of a dissolution, Lookals will pay any sum that it owes or thinks it might owe to Registered Users, by considering what it has to pay out according to laws. Registered Users can cancel their account any time by clicking on “cancel Account” on their profile on Lookals or by sending an e-mail to [email protected] Please note that if a Registered User’s account is canceled, Lookals doesn’t have to remove or return to the User any kind of published Content on Lookals, as well as, between others, any review.
15. LEGAL SOUNDNESS OF THIS CONTRACT
If any competent court decides that any part of this Contract is not valid, the above-mentioned part will be removed from the Contract without invalidating the rest. All other parts of the present Contract will still be valid and effective. The removed part will be replaced by a provision that gets as close as possible to the economic target of the previous part, in a legal way.
16. COMPETENT COURTS
The contract and the relationship between Users and Lookals will be disciplined by Italian law. Users and Lookals agree that they are subject to the jurisdiction of the court of Milan (Italy) if it is necessary to resolve any kind of legal issue that derives from this Contract.
17. NEARBY SRLS’ CONTACTS
If you have any questions about the present Terms or any kind of service that is offered by Lookals, you can contact Lookals at: [email protected]
18. ACCEPTING THE PRESENT CONTRACT AND ITS GENERAL CONDITIONS
Users declare that they accept entirely all the rules that have been presented in these Terms by entering Lookals or by using Lookals’s Services. Users declare to be of age by entering Lookals or by using Lookals’s Services. Users have to respect these Terms, unless they do not log on to Lookals or do not use its Services. Users can’t change in any way the present Terms and Conditions. Any kind of change or modification by Users won’t be considered by Lookals and will not bind it to them.
In accordance with the articles 1341 and 1342 of the Italian civil code, Users declare that they have cautiously read the contents of the present Conditions (Terms and Condition and attachments) and that they accept the agreements that are stated in the articles above.