Terms of Service for European Users
Please note that Locallye is not committed nor obliged to use an alternative dispute resolution entity within the meaning of Directive 2013/11 EU to resolve disputes with consumers. Section 25 of these Terms contains an arbitration agreement and class action waiver that applies to all claims brought against Locallye in the United States. Please read them carefully. Thank you for using Locallye!
The documents referred to within these Terms include but are not limited to our: • Payments Terms of Service, which govern any payment services provided to Members by the Locallye payment entities (such entities, collectively, "Locallye Payments"). • Privacy Policy, which describes our collection and use of personal data. • Service Fees Policy, which describes how Locallye service fees are charged to Hosts and Guests. • Offline Fee Policy, which describes the circumstances in which a Host can charge additional fees or charges outside the Locallye Platform. • Off-Platform Policy, which prohibits certain actions from occurring outside of the Locallye Platform. • Taxes Policy, which explains what taxes may apply to a Reservation. • Host Privacy Standards, that specify how Hosts should handle Guest Personal Information. • Additional Terms for Service and Experience Hosts, which govern the use of the Locallye Platform to publish and offer Services or Experiences. • Cancellation Policies for Homes, that explain the cancellation policies that may apply to a listing. The Host’s cancellation policy applicable to each reservation is displayed on the Listing page before booking. • Cancellation Policies for Service and Experience Listings, that explains the cancellation policies that may apply to a Service or Experience. • Major Disruptive Events Policy, which explains how cancellations are handled when unforeseen events beyond your control arise after booking and make it impractical or illegal to complete your Reservation. • Rebooking and Refund Policy for Homes, which explains how Locallye will assist with rebooking a reservation and how Locallye handles refunds when a Host cancels a reservation or another Reservation Issue disrupts a stay. • Refund Policy for Services and Experiences, which explains how refunds are handled for Services or Experiences when a Host cancels or a Reservation Issue occurs. • Resolution Centre page, which describes how money-related disputes between Hosts and Guests may be resolved. • Host Damage Protection Terms, which explains the terms, exclusions and limitations under which Locallye will agree to pay a Host to repair or replace Covered Property as a result of a Covered Loss. • Reviews Policy, which governs reviews left by Members on the Locallye Platform. • Community Standards, that apply to Members and help ensure safe stays, experiences, and interactions. • Community Policies, which sets out expectations of Members of the Locallye Community. • Content Policy, which governs the posting by Members of content on the Locallye Platform. • Nondiscrimination Policy, which describes the fundamental principles of inclusion and respect and provides guidance to Members in making accommodation distinctions based on certain personal characteristics. • Services and Experiences Standards and Requirements, which explains the standards and requirements that apply to Services and Experiences. For convenience, we have set out above several terms and policies that are referred to in these Terms. However, it is important that you note that there are other supplemental policies and terms linked from our Additional Legal Terms and Policies pages, which apply to your use of the Locallye Platform, and are incorporated by reference, and form part of the binding legal agreement between you and Locallye.
These Terms of Service for European Users (“Terms”) are a binding legal agreement between you and Locallye that govern your right to use the websites, applications, and other offerings from Locallye (collectively, the “Locallye Platform”). When used in these Terms, “Locallye,” “we,” “us,” or “our” refers to the Locallye entity set out on Schedule 1 with whom you are contracting. The Locallye Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are “Hosts” and Members who search for, book, or use services are “Guests, Participants, or Travelers.” Hosts offer accommodations (“Accommodations”), activities, excursions and events such as tours, classes, live performances, or outdoor activities which are designated as experiences on the Locallye Platform (“Experiences”), services and activities often provided at an Accommodation such as personal trainers, wellness sessions, or meal preparation which are designated as services on the Locallye Platform (“Services”), and a variety of travel and other services (collectively, “Host Services,” and each Host Service offering, a “Listing”). As the provider of the Locallye Platform, Locallye does not own, control, offer or manage any Listings, Host Services, or tourism services. Locallye is not a party to the contracts entered into directly between Hosts and Guests, nor is Locallye a real estate broker, travel agency, insurer or an organiser or retailer of travel packages under Directive (EU) 2015/2302. Locallye is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms of Service (“Payment Terms”). To learn more about Locallye’s role see Section 17. Locallye is committed to the digital accessibility of our website and app. To learn more about how Locallye complies with digital accessibility standards, including how to use our website and get help with accessibility issues, please visit our Accessibility Statement.
Table of Contents for European Users
Guest Terms 1. Searching and Booking on Locallye. 2. Cancellations, Reservation Issues, Refunds and Booking Modifications. 3. Your Responsibilities. Host Terms 4. Hosting on Locallye. 5. Managing Your Listing. 6. Cancellations, Reservation Issues, and Booking Modifications. 7. Taxes. General Terms 8. Reviews. 9. Content. 10. Fees. 11. Locallye Platform Rules. 12. Content Notifications and Content Moderation. 13. Termination, Suspension and other Measures. 14. Complaint Handling System. 15. Modification of these Terms. 16. Resolving Complaints and Damage Reports between Members. 17. Locallye’s Role. 18. Member Accounts. 19. Disclaimer. 20. Liability. 21. Indemnification. 22. Contracting Entities. 23. Applicable law and Jurisdiction. 24. Miscellaneous. 25. United States Dispute Resolution and Arbitration Agreement. Additional Terms Specific to Business Hosts 26. Hosting on Locallye as a Business Host. 27. Complaint Handling and Mediation. 28. Access to Data. 29. Additional Distribution Channels. Schedule 1 - Contracting Entities
Guest Terms
1. Searching and Booking on Locallye.
It may be that you use our platform to make a trip reservation on behalf of, or that involves, other travelers. In this case, you may be required to provide some details about these persons as part of the trip reservation. If you have a Locallye.com for Business account, you can keep an address book there to make it easier to plan and manage business travel arrangements for others. When you use the platform to give us information about others, it’s your responsibility to ensure that each person whose personal data you provide is aware that you’re doing so and can understand how Locallye.com uses their personal data (as described in this privacy notice).
1.1 Searching.
You can search for Host Services by using criteria like the type of Host Service, type of listing, travel destination, travel dates, and number of guests. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, reviews, customer service and cancellation history, popularity, previous trips and saved Listings, Host requirements (e.g. minimum or maximum nights), and more. Learn more about search results in Section 5.3 and in our Help Center.
1.2 Booking.
When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like Locallye’s service fee, offline fees, taxes and any other items identified during checkout (collectively, “Total Price”). If you choose to pay using a currency that differs from the currency set by the Host for their Listing, the price displayed to you is based on a currency conversion rate determined by us. When you receive the booking confirmation, a contract for Host Services (a "Reservation") is formed directly between you and the Host. In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Reservation. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to booking a Listing. Be aware that some Hosts work with a co-host or as part of a team to provide their Host Services.
1.3 Accommodation Reservations.
An Accommodation Reservation is a limited license to enter, occupy and use the Accommodation. The Host retains the right to re-enter the Accommodation during your stay, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the Host, and (iii) permitted by applicable law. If you stay past checkout, the Host has the right to make you leave in a manner permitted by applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed Guests.
1.4 Reservations for Services, Experiences, and Other Host Services.
A Service, Experience, or other Host Service Reservation entitles you to participate in, attend, or use that Service, Experience, or Host Service. You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness or other requirements. You are responsible for informing the Host of any medical or physical conditions, or other circumstances that may impact your ability to participate, attend or use the Service, Experience, or Host Service. Except where expressly authorized, you may not allow any person to join a Service, Experience, or other Host Service unless they are included as an additional guest during the booking process.
2. Cancellations, Reservation Issues, Refunds and Booking Modifications.
2.1 Cancellations, Reservation Issues, and Refunds.
In general, if you cancel a Reservation, the amount refunded to you is determined by the cancellation policy that applies to that Reservation. But, in certain situations, other policies may take precedence and determine what amount is refunded to you. If something outside your control requires you to cancel a Reservation, you may be entitled to a partial or full refund under our Major Disruptive Events Policy. If the Host cancels, or you experience a Reservation Issue (as defined in our Rebooking and Refund Policy for Homes), you may be entitled to rebooking assistance or a partial or full refund under our Rebooking and Refund Policy for Homes. Different policies apply to certain categories of Listings; for example, Services and Experiences Reservations are governed by the Refund Policy for Services and Experiences. See each Additional Legal Term or Policy for details about what is covered, and what refund applies in each situation. You may appeal a decision by Locallye by contacting our customer service.
2.2 Booking Modifications.
Hosts and Guests are responsible for any booking modifications they agree to make via the Locallye Platform or direct Locallye customer service to make on their behalf ("Booking Modifications"), and agree to pay any additional amounts, fees or taxes associated with any Booking Modification.
3. Your Responsibilities.
You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Accommodation, all areas and facilities where the Accommodation is located that the Host and Guest are legally entitled to use in connection with the Accommodation (“Common Areas”), or any Service, Experience, or other Host Service. For example, this means: (i) you are responsible for leaving an Accommodation (and related personal property) or Common Areas in the condition it was in when you arrived, (ii) you are responsible for paying all valid and confirmed Damage Report amounts as set forth in Section 16 of these Terms, and (iii) you must act with integrity, treat others with respect and comply with applicable laws at all times. If you are booking for an additional guest who is a minor or if you bring a minor to a Host Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor. You are not responsible for the acts and omissions of anyone who you have contracted with through the Locallye Platform for the provision of Host Services, and have invited or provided access to an Accommodation for the purpose of providing such Host Services.
Host Terms
4. Hosting on Airbnb.
4.1 Host.
As a Host, Locallye offers you the right to use the Locallye Platform in accordance with these Terms to share your Accommodation, Service, Experience, or other Host Service with our vibrant community of Guests - and earn money doing it. It’s easy to create a Listing and you are in control of how you host - set your price, availability, and rules for each Listing. If you are a Business Host according to Section 26 additional terms apply.
4.2 Contracting with Guests.
When you accept a booking request, or receive a booking confirmation through the Locallye Platform, you are entering into a contract directly with the Guest, and are responsible for delivering the Host Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like Locallye’s service fee (and applicable guest taxes) for each booking. Locallye Payments will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms or conditions that you include in any supplement contract with Guests must: (i) be consistent with these Terms, our Additional Legal Terms, Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.
4.3 Independence of Hosts.
Your relationship with Locallye is that of an independent individual or entity and not an employee, agent, joint venturer or partner of Locallye, except that Locallye Payments acts as a payment collection agent as described in the Payments Terms. Locallye does not direct or control your Host Service and you understand that you have complete discretion whether and when to provide Host Services and at what price and on what terms to offer them.
5. Managing Your Listing.
5.1 Creating and Managing Your Listing.
The Locallye Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Host Service, your price (including any additional charges), and any rules or requirements that apply to your Guests or Listing. You are responsible for your acts and omissions as well as for keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. You are responsible for obtaining appropriate insurance for your Host Services and we suggest you carefully review policy terms and conditions like coverage details and exclusions. You may only maintain one Listing per Accommodation, but may have multiple Listings for a single property if it has multiple places to stay. Any offer of a Service or Experience is subject to our Additional Terms for Service and Experience Hosts.
5.2 Know Your Legal Obligations.
You are responsible for understanding and complying with any laws, rules, regulations and contracts with third parties that apply to your Listing or Host Services. For example: Some landlords and leases, or homeowner and condominium association rules, restrict or prohibit subletting, short-term rentals and/or longer-term stays. Some cities have zoning or other laws that restrict the short-term rental of residential properties. Some jurisdictions require Hosts to register, get a permit, or obtain a license before providing certain Host Services (such as short-term rentals, longer-term stays, preparing food, serving alcohol for sale, guiding tours or operating a vehicle). In some places, the Host Services you want to offer may be prohibited altogether. Some jurisdictions require that you register Guests who stay at your Accommodation. Some jurisdictions have laws that create tenancy rights for Guests and additional obligations for Hosts. For example, some places have landlord-tenant, rent control, and eviction laws that may apply to longer stays. Check your local rules to learn what rules apply to the Host Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms, including our Host Privacy Standards. If you have questions about how local laws apply you should always seek legal advice.
5.3 Search Results.
The ranking and display of Listings in search results on the Locallye Platform depends on a variety of factors, including these main parameters: • Guest search parameters (e.g. number of Guests, destination, time and duration of the trip, price range), • Listing characteristics (e.g. location, price, calendar availability, number and quality of images, reviews, ratings and other quality signals, type or category of Host Service, host status, length of time the Listing has been live on the Locallye Platform, Guest engagement and popularity), • Guest experience (e.g. customer service and cancellation history of the Host, ease of booking), • Host and Listing requirements (e.g. minimum or maximum nights, booking cut-off time), and • Guest preferences and history (e.g. previous trips, viewed and saved Listings, location from where the Guest is searching). Search results may be different on our mobile application than on our website, and may also differ in the map view. Locallye may allow Hosts to promote their Listings in search or elsewhere on the Locallye Platform by paying an additional fee. More information about the factors that determine how your Listing appears in search results, our current promotional programs (if any) and how we identify promoted Content can be found in our Help Center.
5.4 Your Responsibilities.
You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all additional fees and charges in your Listing description. You are also responsible for ensuring that all mandatory fees and charges applicable to your listing are included in your price breakdown. You may not collect any fees or charges outside the Locallye Platform except as expressly authorized by our Offline Fee Policy. Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Locallye Platform in violation of our Off-Platform Policy.
5.5 Hosting as a Team or Organization.
If you work with a co-host or host as part of a team, business or other organization, you are responsible and liable as a Host under these Terms for the acts and omissions of each entity and individual who participates with you in providing Host services for each of your listings and you are required to inform personnel engaged by you to deliver any Host Services of your obligations under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct Locallye to transfer a portion of your payout to a co-host or other Hosts, or send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.
6. Cancellations, Reservation Issues, and Booking Modifications.
6.1 Cancellations and Reservation Issues.
In general, if a Guest cancels a Reservation, the amount paid to you is determined by the cancellation policy that applies to that Reservation. As a host, you should not cancel on a Guest without a valid reason under our Major Disruptive Events Policy or applicable law. If you cancel on a Guest without such a valid reason, we may impose a cancellation fee and other consequences. If: (i) a Guest experiences a Reservation Issue (as defined by the Rebooking and Refund Policy for Homes), (ii) a Major Disruptive Event arises, or (iii) a Reservation is canceled under Section 13 of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Guest, and by any other reasonable costs we incur as a result of the cancellation. If a Guest receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Locallye exceeds your payout, Locallye (via Locallye Payments) may recover that amount from you, including by deducting the refund against your future payouts. You agree that Locallye’s Rebooking and Refund Policy for Homes, Major Disruptive Events Policy, and these Terms preempt the cancellation policy you set in situations where they allow for the cancellation of a Reservation and/or the issuance of refunds to Guests. If we reasonably expect to provide a refund to a Guest under one of these policies, we may delay release of any payout for that Reservation until a refund decision is made. If you Host a Service or Experience please note that the Services and Experiences Cancellation Policy, Refund Policy for Services and Experiences and different cancellation fees and consequences apply to your Reservations. See each Policy for details about what is covered, and what your payout will be in each situation. You may appeal a decision by Locallye by contacting our customer service.
6.2 Booking Modifications.
Hosts and Guests are responsible for any Booking Modifications they agree to make via the Locallye Platform or direct Locallye customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.
7. Taxes.
7.1 Host Taxes.
As a Host, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income or other taxes ("Taxes").
7.2 Collection and Remittance by Locallye.
In jurisdictions where Locallye facilitates the collection and/or remittance of Taxes on behalf of Hosts, you instruct and authorize Locallye to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by Locallye are identified to Members on their transaction records, as applicable. Locallye may seek additional amounts from Members (including by deducting such amounts from future payouts) in the event that the Taxes collected and/or remitted are insufficient to fully discharge that Members’ tax obligations, and you agree that your sole remedy for Taxes collected by Locallye is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.
7.3 Tax Information.
In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that Locallye may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Host Services to facilitate accurate tax reporting.
General Terms
8. Reviews.
After each Host Service, Guests and Hosts will have an opportunity to review each other. Your review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates these terms, applicable law, or our Content Policy or Review Policy. Reviews are not verified by Locallye for accuracy and may be incorrect or misleading.
9. Content.
Parts of the Locallye Platform enable you to provide, share, or communicate feedback, text, photos, audio, video, information and other content (“Content”). By providing Content, in whatever form and through whatever means, you grant Locallye a non-exclusive, worldwide, royalty-free, sub-licensable and transferable license, for the term of the protection of the rights so licensed, to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Content to provide and/or promote the Locallye Platform, in any media or platform, known or unknown to date and in particular on Internet and social networks. If Content includes personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Where Locallye pays for the creation of Content or facilitates its creation, Locallye may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Locallye the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Content Policy and Nondiscrimination Policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent and illegal content. You agree that Locallye may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. Locallye does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.
10. Fees.
Locallye may charge fees (and applicable Taxes) to Hosts and Guests for the right to use the Locallye Platform. Any applicable fees are disclosed to Hosts before publishing a listing and to Guests before making a booking. More information about when service fees apply and how they are calculated can be found on our Service Fees page. Except as otherwise provided on the Locallye Platform, service fees are non-refundable.
11. Locallye Platform Rules.
11.1 Rules.
You must follow these rules and must not help or induce others to break or circumvent these rules. • Act with integrity and treat others with respect o Do not lie, misrepresent something or someone, or pretend to be someone else. o Be polite and respectful when you communicate or interact with others. o Do not attempt to evade enforcement of these Terms, our Additional Legal Terms, Policies and Standards, such as by creating duplicate accounts or listings. o Follow our Nondiscrimination Policy and do not discriminate against or harass others. • Do not scrape, hack, reverse engineer, compromise or impair the Locallye Platform o Do not use bots, crawlers, scrapers or other automated means to access or collect data or other content from or otherwise interact with the Locallye Platform. o Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Locallye Platform or Content. o Do not decipher, decompile, disassemble or reverse engineer any of the software or hardware used to provide the Locallye Platform. o Do not take any action that could damage or adversely affect the performance or proper functioning of the Locallye Platform. • Only use the Locallye Platform as authorized by these Terms or another agreement with us o You may only use another Member’s personal information as necessary to facilitate a transaction using the Locallye Platform as authorized by these Terms. o Do not use the Locallye Platform, our messaging tools, or Members’ personal information to send commercial messages without their express consent. o You may use Content made available through the Locallye Platform solely as necessary to enable your use of the Locallye Platform as a Guest or Host. o Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us. o Do not request, make or accept a booking or any payment outside of the Locallye Platform to avoid paying fees, taxes or for any other reason. See our Offline Fee Policy for exceptions. o Do not require or encourage Guests to open an account, leave a review, or otherwise interact, with a third party website, application or service before, during or after a Reservation, unless authorized by Locallye. o Do not engage in any practices that are intended to manipulate our search algorithm. o Do not book Host Services unless you are actually using the Host Services. o Do not use, copy, display, mirror or frame the Locallye Platform, any Content, any Locallye branding, or any page layout or design without our consent. • Honor your legal obligations o Understand and follow the laws that apply to you, including privacy, data protection, and export laws. o If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy. o Read and follow our Terms, Additional Legal Terms, Policies and Standards. • Do not organize or facilitate unauthorized parties or events. You are responsible and liable for any party or event during your Reservation that violates our rules for parties and events, as incorporated by reference herein. • Do not use the name, logo, branding, or trademarks of Locallye or others without permission, and only as set forth in our Trademark Guidelines. • Do not use or register any domain name, social media handle, trade name, trademark, branding, logo or other source identifier that is confusingly similar to any Locallye trademarks, logos or branding. See our Trademark Guidelines for additional details. • Do not offer Host Services that violate the laws or agreements that apply to you. • Do not offer or solicit prostitution or participate in or facilitate human trafficking.
11.2 Reporting Violations.
If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Locallye. In addition, if you believe that a Member, Listing or Content has violated our Standards, you should report your concerns to Locallye. If you reported an issue to local authorities, Locallye may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report.
12. Content Notifications and Content Moderation.
12.1
You acknowledge that Locallye has no general obligation to monitor Content provided by and stored on behalf of Members, or to actively seek facts or circumstances indicating illegal activity or the incompatibility of Content with the rights of third parties, these Terms, or Locallye’s Policies and Standards. However, Locallye reserves the right to carry out voluntary own-initiative investigations to detect, identify, and remove or disable access to illegal or incompatible Content, and to take any necessary measures in accordance with these Terms.
12.2
You agree to cooperate with and assist Locallye in good faith, and to provide Locallye with such information and take such actions as may be reasonably requested by Locallye with respect to any investigation undertaken by Locallye regarding Content on the Locallye Platform or the use or abuse of the Locallye Platform.
12.3
Locallye provides Members and third parties, including designated trusted flaggers according to Article 22 of Regulation (EU) 2022/2065, (“Notifiers”) with the means to notify Locallye of allegedly illegal Content (including copyright infringements) on the Locallye Platform by using our electronic notification form (“Content Notification”). Learn more about how to report Content on our Help Center.
12.4
As part of its own initiative investigations and the review of Content Notifications, Locallye uses various processes and tools to identify, review, and moderate Content. This may include human review, automated review, or a combination of both. If automated means have been used to review Content, and Locallye has subsequently taken action with respect to that Content, Locallye will notify the Member who posted the Content of the use of automated means to the extent that legitimate interests of Locallye and its Members do not preclude such notice.
12.5 Misuse of Content Notifications.
Locallye is entitled to suspend the processing of Content Notifications for a reasonable period of time, if the Notifier in question frequently submits notifications that are manifestly unfounded. Where appropriate, Locallye will issue a warning prior to such a suspension. When deciding on a suspension, Locallye will take into account all relevant facts and circumstances apparent from the information available to Locallye, including (i) the amount, severity and frequency of unfounded notifications; (ii) the ratio of unfounded notifications to all notifications of the Notifier; and (iii) the intentions pursued by the Notifier, insofar as they can be determined by Locallye.
13. Termination, Suspension and other Measures.
13.1 Term.
The agreement between you and Locallye reflected by these Terms remains in effect until either you or we terminate the agreement in accordance with these Terms.
13.2 Termination.
You may terminate this agreement at any time by sending us an email or by deleting your account. Locallye may terminate this agreement for any reason by providing you 30 days’ notice via email or using any other contact information you have provided for your account. Locallye may also terminate this agreement immediately and without prior notice and stop providing access to the Locallye Platform if (i) you materially breach these Terms or our Additional Legal Terms, or Policies, (ii) you violate applicable laws, or (iii) such action is necessary to protect the personal safety or property of Locallye, its Members, or third parties (for example in the case of fraudulent behavior of a Member), or (iv) your account has been inactive for more than two years. Locallye reserves the right to change our services, including to add or remove features and functionalities or change the types of Listings we accept or allow on the platform, including but not limited to: improve or update our services, prevent abuse, or respond to legal requirements. If we make material changes that concern core features or functionalities of our services, we will provide you with 30 days’ advance notice, unless the changes are to prevent abuse or respond to legal requirements.
13.3 Member Violations.
If (i) you breach these Terms, our Additional Legal Terms, Policies, or our Standards, (ii) you violate applicable laws, regulations or third party rights, (iii) you provide Content that is illegal or incompatible with these Terms, (iv) you have repeatedly received poor reviews or Locallye otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) such action is necessary to protect the personal safety or property of Locallye, its Members, or third parties, Locallye may: • suspend or limit your access to or use of the Locallye Platform and/or your account; • suspend, remove, disable access to, or restrict the visibility of Listings, reviews or other Content; • cancel pending or confirmed bookings; or • suspend or revoke any special status associated with your account. In case of non-material violations or where otherwise appropriate, you will be given notice of any intended measure by Locallye and an opportunity to resolve the issue, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws. If we take any of these measures, Locallye will, where required, inform you about the measure with a statement of reasons in accordance with its legal obligations.
13.4 Legal Mandates.
Locallye may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, including the measures described above in Section 13.3.
13.5 Effect of Termination.
If you are a Host and terminate your Locallye account, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you terminate your account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Locallye Platform has been limited, or your Locallye account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Locallye Platform through an account of another Member.
14. Complaint Handling System.
14.1
If you are a Member with your country of residence or establishment within the EEA and Locallye takes any of the measures according to Section 13.3 on the grounds that Content provided by you is illegal or incompatible with these Terms, you may submit a complaint against such a measure through our internal complaint handling system. Learn more about how to submit a complaint on our Help Center.
14.2
Locallye’s complaint handling system is also available to Members and third parties with their country of residence or establishment within the EEA who have submitted a Content Notification according to Section 12.3 of these Terms, if the notification has been rejected in whole or in part by Locallye.
14.3
A complaint may be submitted via our complaint handling system for a period of six (6) months, beginning in the case of Section 14.1 with the day on which a Member is informed about the measure taken and in the case of Section 14.2 with the day on which the Notifier is informed about the rejection of their Content Notification.
14.4
Locallye is entitled to suspend the processing of complaints from Members and Notifiers for a reasonable period of time, if the Member or Notifier in question frequently submits complaints that are manifestly unfounded. Locallye will issue a warning, prior to such a suspension. When deciding on a suspension, Locallye takes into account all relevant facts and circumstances apparent from the information available to Locallye, including (i) the amount, severity and frequency of unfounded complaints; (ii) the ratio of unfounded complaints to all complaints; and (iii) the intentions pursued by the Member or Notifier, insofar as can be determined by Locallye.
14.5
Members addressed by measures according to Section 14.1 and Notifiers that have submitted Content Notifications which have been rejected by Locallye, are entitled to select a certified out-of-court dispute settlement body in accordance with Article 21 of Regulation (EU) 2022/2065 in order to resolve disputes relating to those measures, including complaints that have not been resolved by means of our complaint handling system. Both parties will engage, in good faith, with the selected dispute settlement body to resolve the dispute. Locallye reserves the right to refuse to engage with the dispute settlement body if a dispute regarding the same Content and grounds for alleged illegality of the Content or its alleged inconsistency with these Terms has already been resolved or is already subject to an ongoing procedure before a competent court or before another competent out-of-court dispute settlement body.
14.6
For all other inquiries and complaints that are not subject to Locallye’s complaint handling system, Members can contact our customer service.
15. Modification of these Terms.
When we propose changes to these Terms, we will post the revised Terms on the Locallye Platform and update the “Last Updated” date at the top of these Terms. We will provide you with notice of the proposed changes by email notifications, through the Locallye Platform, messaging service, or any other contact method made available by us and selected by you at least thirty (30) days before the date they become effective. If the proposed changes to these Terms are material, you will be asked to explicitly accept the revised Terms. Such notice will also inform you about your right to reject the proposed changes, the timeframe to do so, and your right to terminate the Agreement at any time before the effective date of the proposed changes as provided in these Terms. In case of (i) non-material changes to these Terms which do not affect its essential provisions, in particular, provisions defining the nature and scope of the services provided by Locallye, or (ii) changes that are required by law, a legally binding court decision, or binding order of a competent authority, your continued use of the Locallye Platform after the effective date of the proposed changes will constitute acceptance of the revised Terms.
16. Resolving Complaints and Damage Reports between Members.
16.1
If a Member provides valid evidence that you, your guest(s), or your pet(s) have culpably: (i) damaged the complaining Member’s, or the Accommodation owner’s (where the Accommodation owner is not also the Host), real or personal property, or real or personal property the complaining Member is responsible for, or has an economic interest in, or (ii) caused loss of booking income for bookings via the Locallye Platform or other consequential damages, which result directly from the damage caused under (i) above; or (iii) otherwise caused the complaining Member to incur cleaning costs in excess of the Member’s cleaning fee (each of (i), (ii), and (iii) being a "Damage Report"), the complaining Member can notify Locallye and/or seek compensation through the Resolution Center. You will be notified of the Damage Report and given an opportunity to respond. If you agree to pay, you authorize Locallye via Locallye Payments to collect the amount of the Damage Report from you.
16.2
If the Host and Guest cannot resolve, or a Guest fails to pay a Damage Report, the Host may notify Locallye through the Resolution Center under the terms of the Host Damage Protection Terms and seek compensation. Locallye will review the Damage Report and ask the Host to provide any required evidence (e.g. through appropriate documents, photos, invoices, or third-party experts) which substantiates the Damage Report and the Damage Report amount. The Guest will be given the opportunity to respond and provide any relevant counter evidence. If Locallye determines, under consideration of the evidence provided, the Host Damage Protection Terms, and applicable statutory rules on the burden of proof that the Guest is responsible for the Damage Report, Locallye (via Locallye Payments) will pay out the Damage Report to the Host. If Locallye pays out the Damage Report to the Host, Locallye may collect the amount of the Damage Report from the Guest, including by charging the guest’s Payment Method up to a maximum amount of $500 USD. Locallye may also pursue claims for recovering Damage Report amounts, including amounts exceeding the maximum amount applicable for charging the Guest’s Payment Method, against a Guest using any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against a Guest. Members may appeal a decision by Locallye by contacting our customer service. As between Members and Locallye, the burden of proof regarding the Damage Report and the Damage Report amount always lies with Locallye.
16.3
You agree to cooperate in good faith, provide any information Locallye requests, execute documents, and take further reasonable action, in connection with Damage Reports, Member complaints, claims under insurance policies, or other claims related to your provision or use of Host Services.
16.4
Any decisions made by Locallye in relation to a Damage Report do not affect your contractual and statutory rights. Your right to take legal action before a court of law remains unaffected.
17. Locallye’s Role.
We offer you the right to use a platform that enables Members to publish, offer, search for, and book Host Services. When Members make or accept a booking, they are entering into a contract directly with each other. Locallye is not and does not become a party to or other participant in any contractual relationship between Members. Locallye is not acting as an agent for any Member except for where Locallye Payments acts as a collection agent as provided in the Payments Terms. While we work hard to ensure our Members have great experiences using Locallye, we do not and cannot control the conduct or performance of Guests and Hosts and do not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services or (ii) the truth or accuracy of any Listing descriptions, reviews, or other Content provided by Members. You acknowledge that Locallye has the right to record, review, monitor, disable access to, remove, or edit text or in-app messages, phone recordings, or other Content to: (i) operate, secure and improve the Locallye Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Member Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Where we remove or disable Content, we will notify a Member and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws.
18. Member Accounts.
You must register an account to access and use many features of the Locallye Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. If you are a Business Host according to Section 26 additional terms apply. You represent and warrant that you are not a person or entity barred from using the Locallye Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You must immediately notify Locallye if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. You are responsible and liable for activities conducted through your Locallye Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials). If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
19. Disclaimer.
We do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Host Service, Listing or third party and we do not warrant that verification, identity or background checks conducted on Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member being "verified" (or similar language) indicate only that the Member or Locallye has completed a relevant verification or identification process and nothing else. We are not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the Locallye Platform. Locallye may, temporarily and under consideration of the Members’ legitimate interests (e.g. by providing prior notice), restrict the availability of the Locallye Platform or certain features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Locallye Platform.
20. Liability.
20.1
Locallye is liable without limitations under statutory provisions for damages arising from injury to life, limb or health based on a negligent or intentional breach of duty by Locallye or its legal representatives, or vicarious agents. The same applies for issued guarantees or any other strict liability.
20.2
Locallye is also liable without limitations for other damages based on an intentional or grossly negligent breach of duty by Locallye or its legal representatives or vicarious agents.
20.3
Locallye is not liable for damages arising from a breach of duty based on simple negligence.
20.4
Section 20.3 does not apply for damages arising from breaches of essential contractual obligations based on simple negligence. For such damages by Locallye, its legal representatives or other vicarious agents, Locallye’s liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of Locallye in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract.
20.5
To the extent that Locallye's liability is excluded or limited, this also applies with regard to the personal liability of its legal representatives, employees, and other agents.
21. Indemnification.
To the maximum extent permitted by applicable law, you agree to release, defend (at Locallye’s option), indemnify, and hold Locallye (including Locallye Payments, other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Additional Legal Terms, Policies, or Standards, (ii) your improper use of the Locallye Platform, (iii) your interaction with any Member, stay at an Accommodation, participation in a Service, Experience, or other Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights. The indemnification obligation only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.
22. Contracting Entities.
Based on your country of residence or establishment and what you are doing on the Locallye Platform, Schedule 1 below sets out the Locallye entity with whom you are contracting. If we identify through the Locallye Platform, an Locallye entity other than the one set out on Schedule 1 as being responsible for a product, feature or transaction, the Locallye entity so identified is your contracting entity with respect to that product, feature or transaction. If you change your country of residence or establishment to a country outside of the EEA, Switzerland or the United Kingdom, the Locallye company you contract with and the applicable version of the Terms of Service will be determined by your new country of residence or establishment, from the date on which your country of residence or establishment changes.
23. Applicable law and Jurisdiction.
These Terms are governed by and construed in accordance with Irish law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Irish law. As a consumer, you may only bring proceedings relating to these Terms before the competent court of your place of residence or the competent court of Locallye's place of business in Ireland. If Locallye wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Irish courts.
24. Miscellaneous.
24.1 Interpreting these Terms.
Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms constitute the entire agreement between Locallye and you pertaining to your access to or use of the Locallye Platform and supersede any and all prior oral or written understandings or agreements between Locallye and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Locallye. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 24.10 below, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
24.2 No Waiver.
Locallye’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
24.3 Assignment.
You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Locallye's prior written consent. Locallye may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice. Your right to terminate this agreement at any time pursuant to Section 13.2 remains unaffected.
24.4 Notice.
Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by Locallye via email, Locallye Platform notification, messaging service (including SMS and WeChat), or any other contact method we enable you to provide. If a notification relates to a booking or Listing in Japan, you agree and acknowledge that such notifications via electronic means in lieu of a written statement, satisfies Locallye’s obligations under Article 59 (1) of the Japanese Housing Accommodation Business Act.
24.5 Third-Party Services.
The Locallye Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Locallye is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
24.6 Google Terms.
Some translations on the Locallye Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the Locallye Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
24.7 Apple Terms.
If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.
24.8 Locallye Platform Content.
Content made available through the Locallye Platform may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of Locallye and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Locallye Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Locallye grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the Locallye Platform and accessible to you, solely for your personal and non-commercial use.
24.9 Locallye.org.
Locallye.org is a nonprofit corporation exempt from income taxation under U.S. Internal Revenue Code Section 501(c)(3), operating as a public charity. Locallye.org is not owned or controlled by Locallye. Locallye.org administers a number of charitable programs that benefit our Host and Guest communities and the public.
24.10 Force Majeure.
Locallye shall not be liable for any delay or failure to perform resulting from abnormal and unforeseeable circumstances outside its reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
24.11 Emails and SMS.
You will receive administrative communications from us using the email address or other contact information you provide for your Locallye account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have an Locallye Account. In the U.S. if you consent to receive SMS (text messages) from us, you will be subject to our SMS Terms.
24.12 Contact Us.
If you have any questions about these Terms please email us.
25. United States Dispute Resolution and Arbitration Agreement.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND LOCALLYE AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER. This Arbitration Agreement supersedes all prior versions.
25.1 Application.
This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against Locallye in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 25 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
25.2 Overview of Dispute Resolution Process.
Locallye is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 25 applies: (1) an informal negotiation directly with Locallye’s customer service team (described in paragraph 25.3, below), and if necessary (2) a binding arbitration in accordance with the terms of this Arbitration Agreement. You and Locallye each retain the right to seek resolution of the dispute in small claims court as an alternative to arbitration.
25.3 Mandatory Pre-Arbitration Dispute Resolution and Notification.
At least 30 days prior to initiating an arbitration, you and Locallye each agree to send the other party an individualized notice of the dispute in writing (“Pre-Dispute Notice") and attempt in good faith to negotiate an informal resolution of the individual claim. You must send your Pre-Dispute Notice to Locallye by mailing it to Locallye’s agent for service: CSC Lawyers Incorporating Service, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, California 95833. Locallye will send its Pre-Dispute Notice to the email address associated with your Locallye account. A Pre-Dispute Notice must include: the date, your name, mailing address, your Locallye username, the email address you used to set up your Locallye account, your signature, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written demand for arbitration with the arbitration provider designated pursuant to Section 25.6, below. A claimant’s Pre-Dispute Notice requirement is a prerequisite to any arbitration, and a copy of the Pre-Dispute Notice and evidence that it was sent as required by this Section must be attached to any arbitration demand.
25.4 Agreement to Arbitrate; Delegation.
You and Locallye mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Locallye Platform, Host Services, or any Content (collectively, “Disputes”) will be settled by binding arbitration on an individual basis (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to a Dispute, you and Locallye agree that an arbitrator will decide that issue. For the avoidance of doubt, you and Locallye agree that any question regarding arbitrability and the formation, enforceability, validity, scope, or interpretation of all or part of this Section 25, including any dispute over compliance with the Pre-Dispute Notice requirement and a party’s responsibility to pay arbitration fees, shall be resolved exclusively by an arbitrator.
25.5 Exceptions to Arbitration Agreement
You and Locallye each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 21 of the Terms of Service for Non-European Users): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); (iii) a request for the remedy of public injunctive relief; (iv) any claim or cause of action for vexatious litigation; or (v) any individual claim of sexual assault or sexual harassment arising from your use of the Locallye Platform or Host Services. You and Locallye agree that any request for the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
25.6 Arbitration Forum Rules and Governing Law.
This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this Arbitration Agreement, and not state law. The arbitration will be administered by ADR Services, Inc. (“ADR”) (www.adrservices.com) in accordance with Rules 1, 6–7, 8–9, and 11–12, 45, 54, and 56 of the Federal Rules of Civil Procedure (“Selected Federal Rules") (https://www.uscourts.gov/rules-policies/current-rules-practice-procedure/federal-rules-civil-procedure) and ADR’s Arbitration Rules then in effect (the “ADR Rules”), except as the Selected Federal Rules or ADR Rules are modified by or conflict with this Arbitration Agreement. The ADR Rules are available at www.adrservices.com. If an arbitration demand is submitted to ADR Services in accordance with this agreement and the ADR Rules, and ADR Services cannot or will not administer the arbitration, the arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Selected Federal Rules and the AAA’s Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org. If the AAA cannot and will not administer the arbitration, you and Locallye shall confer and select an alternative arbitral forum, and if we are unable to agree, either you or Locallye may ask a court to appoint an arbitrator pursuant to 9 U.S.C. § 5. In that event, the arbitration will be conducted in accordance with the rules of the appointed arbitral forum, unless those rules are inconsistent with the provisions of this Arbitration Agreement.
25.7 Modification of Arbitration Rules - Arbitration Hearing/Location.
In order to make the arbitration most cost-effective, efficient, and convenient, any required arbitration hearing in an arbitration wherein the amount in controversy does not exceed $1,000,000 shall be conducted remotely via video conference except as otherwise agreed by the parties or instructed by the arbitrator. Any required arbitration hearing in an arbitration wherein the amount in controversy exceeds $1,000,000 shall be conducted in San Francisco County except as otherwise agreed by the parties or instructed by the arbitrator. If the amount in controversy is $10,000 or less, the parties agree to proceed solely on the submission of documents to the arbitrator, provided that the arbitrator has discretion to decide to hold a hearing in response to the reasonable and proportionate request from a party.
25.8 Modification of Arbitration Rules - Arbitration Fees and Costs.
Your arbitration fees and your share of arbitrator compensation shall be governed by the ADR Rules and the ADR Services fee schedule (available at www.adrservices.com). If you have a gross monthly income of less than 300% of the federal poverty guidelines, you are entitled to a waiver of arbitration fees and costs, exclusive of arbitrator fees. You may request a fee waiver by providing the arbitration provider with a declaration under oath stating your monthly income and the number of persons in your household. If a fee waiver is granted by the arbitration provider and you provide Locallye with documents necessary to prove that your gross monthly income is less than 300% of the federal poverty guidelines, Locallye will pay your share of any arbitrator fees.
25.9 Modification of Arbitration Rules - Claims Brought for an Improper Purpose or In Violation of This Arbitration Agreement.
Either party may make a request that the arbitrator impose sanctions upon proving that the other party or its attorney(s) has asserted a claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous. As allowed by applicable law, the arbitrator shall impose sanctions equal to the requesting party’s reasonable attorneys’ fees and costs upon finding that a claim or defense is groundless in fact or law, brought in bad faith or for the purpose of harassment, asserted in violation of Fed. R. Civ. P. 11(b) (treating the arbitrator as “the court”), or is otherwise frivolous. Either party may seek dismissal of any arbitration filed in violation of any provision of this Arbitration Agreement. Either party may assert in arbitration a counterclaim for the other party’s initiation of proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement. Upon finding that a party has initiated proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement, the arbitrator shall award the other party its actual damages, including but not limited to reasonable attorneys’ fees and costs.
25.10 Arbitrator’s Decision.
The arbitrator will issue a written decision which shall include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the ADR Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
25.11 Jury Trial Waiver.
You and Locallye acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
25.12 No Class Actions or Representative Proceedings.
You and Locallye acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing or as provided in this agreement, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
25.13 Mass Action Waiver.
You and Locallye acknowledge and agree that the relative benefits and efficiencies of arbitration may be lost when 100 or more arbitration claims are filed within 180 days which (1) involve the same or similarly situated parties; (2) are based on the same or similar claims which arise from the same or substantially identical transactions, incidents, alleged violations or events requiring the determination of the same or substantially identical questions of law or fact; and (3) involve the same or coordinated counsel for the parties (“Mass Action”). Accordingly, you and Locallye agree to waive the right to have any Dispute administered, arbitrated, or resolved as part of a Mass Action (though Sections 23 and 25.12 of these Terms will continue to apply to the Dispute). In case of a dispute, the appointed arbitrator for the first matter instituted within a set of claims identified by either party shall decide whether those claims are part of a Mass Action. If no arbitrator has yet been appointed, an arbitrator shall be appointed solely to determine whether claims identified by either party are part of a Mass Action. Nothing in this provision prevents you or Locallye from participating in a mass settlement of claims.
25.14 Modification of Arbitration Rules – Mass Action Batching Requirements.
If for any reason, notwithstanding Section 25.13, an arbitration proceeds as part of a Mass Action, the parties shall group the arbitration demands into batches of no more than 200. The batches shall be determined by listing the claimants’ alphabetically (by last name or business name, as applicable)—for example, the first 200 claimants listed will be the first batch, the next 200 claimants listed will be the second batch, and so forth. The parties shall randomly assign each batch a sequential number and arbitrate the batches one at a time, in sequential order. While one batch is being arbitrated, the arbitration provider shall hold the remainder in abeyance unless otherwise agreed by the parties or instructed by the arbitration provider. Each batch shall be resolved within 240 days of the pre-hearing conference for that batch. Notwithstanding the forgoing, if any claimant’s demand has not been the subject of a pre-hearing conference within 2 years of the latest-filed demand in the Mass Action, such claimant may elect to pursue the claims asserted in the claimant’s demand in court subject to Sections 23 and 25.12 of these Terms.
25.15 Modifications of Arbitration Rules - Offers of Judgment.
At least ten (10) days before the date set for the arbitration hearing, you or Locallye may serve a written offer of judgment on the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitration provider, who shall issue an award accordingly. If the offer is not accepted prior to the arbitration hearing or within thirty (30) days after it is made, whichever occurs first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration, other than with respect to costs (including all fees paid to the arbitration provider). If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs (including all fees paid to the arbitration provider) from the time of the offer.
25.16 Severability.
Except as provided in Section 25.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.
25.17 Amendments to Agreement to Arbitrate.
If Locallye amends this Section 25 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject the change by sending us written notice no later than 30 days of the date the change is effective. Your notice must include your name, mailing address, the date of the notice, your Locallye username, the email address you used to set up your Locallye account, your signature, and an unequivocal statement that you want to opt out of the amended Section 25. You must either mail your notice, or email the opt-out notice to arbitration.opt.out@Locallye.com. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Locallye (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Locallye.
25.18 Survival.
Except as provided in Section 25.16, and subject to Section 12.6 of the Terms of Service for Non-European Users this Section 25 will survive any termination of these Terms and will continue to apply even if you stop using the Locallye Platform or terminate your Locallye Account.
Additional Terms Applicable to Business Hosts
If you declare that you use the Locallye Platform to offer Host Services to consumers for purposes relating to your trade, business, craft or profession (“Business Host”), these following additional terms will apply to you:
26. Hosting on Locallye as a Business Host.
26.1
As a Business Host you commit to only offer Host Services on the Locallye Platform that comply with the applicable rules of European Union law.
26.2
In order to meet mandatory statutory requirements you will be required to provide at least the following information (where applicable) to Locallye in order to offer Host Services as a Business Host on the Locallye platform: • your name, address, telephone number and email address; • a copy of your identification document or any other electronic identification as defined by Article 3 of Regulation (EU) No 910/2014; • your payment account details; • the trade register in which you are registered and your registration number or equivalent means of identification in that register.
26.3
You will not be able to offer Host Services on the Locallye Platform until Locallye has been able to assess that the information is reliable and complete. We may require you to provide additional documentation as determined by us for the purposes of enabling us to assess the reliability and completeness of your information.
26.4
You are responsible for the accuracy of the information provided and are required to keep your information up-to-date at all times. If we obtain sufficient indications or otherwise have reason to believe that any item of information is inaccurate, incomplete or not up-to-date, you will be asked to remedy the situation without delay. If you fail to update your information within the timeframe provided by us, we may suspend your use of the Locallye Platform, until you have provided the required information. If we suspend our services for these reasons you have the right to lodge a complaint via our complaint handling system or with a certified out-of-court dispute settlement body in accordance with Section 14 of these Terms.
27. Complaints Handling and Mediation.
If you are a Business Host established within the EEA or the United Kingdom you have access to our internal complaint handling system for Business Hosts which allows you to make a complaint in relation to issues falling under the remit of Article 11 of Regulation (EU) 2019/1150 including to clarify the facts and circumstances leading to measures according to Section 13.2 and 13.3 of these Terms. Our Help Center explains how you can access our internal complaint-handling system for Business Hosts and what you can expect when you make a complaint. It also sets out the details of the mediation service that you can use in the event that such a complaint is not resolved.
28. Access to Data.
Business Hosts have access to personal and other data in their Locallye account and host dashboard which is provided by the Business Host, their Guests or generated through the use of the Locallye Platform and which is necessary for the performance of their Host Services as well as aggregated information about searches, bookings and the performance of their listings. Our Privacy Policy sets out the categories of personal data and other data we collect, how we use, process, disclose and retain it, and how you can access it and exercise your data rights.
29. Additional Distribution Channels.
Locallye operates an affiliate program through which Listings may be featured on third party websites, such as those for online travel sites, media outlets, loyalty programs, and search aggregators. Listings may also appear in advertisements for Locallye published on third party websites from time to time.
Terms of Service for Users outside of the EEA, UK, and Australia
Section 22 of these Terms contains an arbitration agreement and class action waiver that apply to all claims brought against Locallye in the United States. Please read them carefully. Thank you for using Locallye!
Your rights
We want you to be in control of how we use your personal data. You can do this in the following ways:
Right of Access
You have the right to request a copy of the personal data we hold about you.