Last Updated: October 27, 2021
As a consumer you can access the European Commission’s online dispute resolution platform here: https://ec.europa.eu/consumers/odr. Please note that HopLocal Payments is not committed or obliged to use an alternative dispute resolution entity to resolve disputes with consumers.
These Payments Terms of Service for European Users (“Payments Terms”) are a binding legal agreement between you and HopLocal Payments that govern the Payment Services (defined below) conducted through or in connection with the HopLocal Platform. When these Payments Terms mention “HopLocal Payments,” “we,” “us,” or “our,” it refers to HopLocal ( a part of GetMe Technologies OÜ).
HopLocal Payments provides payments services to Members publishing, offering Experiences or other Host Services. These payment services may include (if available) the following (collectively, “Payment Services”):
- Collecting payments from Guests (“Payin”), by charging the payment method associated with their HopLocal account, such as credit card, debit card, bank account or PayPal account (“Payment Method”);
- Effecting payments to Hosts (“Payout”) to a financial instrument associated with their HopLocal account, such as a PayPal account, bank account, direct deposit, a prepaid card, or a debit card (“Payout Method”);
- Effecting payments to a third-party Payout Method designated by a Host;
- Collection and payment of charitable donations;
- Payment collection services; and
- Other payment related services in connection with Host Services.
In order to use the Payment Services, you must be at least 18 years old, must have an HopLocal account in good standing in accordance with the Terms of Service and Conditions , and must keep your payment and personal information accurate and complete.
If you change your country of residence, the HopLocal company you contract with and the applicable version of the Payment Terms will be determined by your new country of residence from the date on which your country of residence changes. Please note, however, that the HopLocal Payments company with whom you contract will stay the same for all bookings made prior to your change of residence.
Your use of the Payment Services
1.1 HopLocal Payment Services. By using the Payments Services, you agree to comply with these Payment Terms. HopLocal Payments may temporarily limit or suspend your access to or use of the Payment Services, or its features, to carry out maintenance measures that ensure the proper functioning of the Payment Services. HopLocal Payments may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time. HopLocal Payments will provide notice to Members of any changes to the Payment Services, unless such changes do not materially increase the Members’ contractual obligations or decrease the Members’ rights under these Payments Terms.
1.2 Third Party Services. The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms of service and privacy policies, and Members should review them. HopLocal Payments is not responsible or liable for the use of such Third-Party Services. Links to any Third-Party Services are not an endorsement by HopLocal Payments of those Third-Party Services.
1.3 Your HopLocal Account. HopLocal Payments may enable features that allow you to authorize other Members or third parties to take certain actions that affect your HopLocal account. You may authorize a third party to use your HopLocal account if the feature is enabled for your HopLocal account. You acknowledge and agree that anyone you authorize to use your HopLocal account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person. If you reside in the EEA and contract with HopLocal Payments Luxembourg, this Section 1.3 does not apply to you.
1.4 Verification. You authorize HopLocal Payments, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include (i) screening you against third-party databases or other sources, (ii) requesting reports from service providers, (iii) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; or (iv) requiring you to take steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s). HopLocal Payments reserves the right to terminate, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
1.5 Additional Terms. Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable to a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.
2.1 Adding a Payment Method. When you add a Payment Method to your HopLocal account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to HopLocal Payments or its third-party payment processor(s). You authorize HopLocal Payments and its payment service providers to collect and store your Payment Method information.
2.2 Payment Method Verification. When you add or use a new Payment Method, HopLocal Payments may verify the Payment Method by (i) authorizing your Payment Method for one or two nominal amounts via a payment service provider, and asking you to confirm those amounts, or (ii) requiring you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payment Method. When you add a Payment Method during checkout, we will automatically save and add that Payment Method to your HopLocal account so it can be used for a future transaction. You can remove the Payment Method from your HopLocal account as long as it is not associated with an active or future reservation.
2.3 Payment Authorization. You allow HopLocal Payments to charge your Payment Method (including charging more than one payment method), either directly or indirectly, for all fees due (including any applicable taxes) in connection with your HopLocal account.
2.4 Automatic Update of Payment Method. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partners or your bank and automatically update your Payment Method on file.
2.5 Timing of Payment. HopLocal Payments generally charges the Total Price due after the Host accepts your booking request. HopLocal Payments may offer alternative options for the timing and manner of payment. Any additional fees for using those alternative payment options will be displayed via the HopLocal Platform and included in the Total Price, and you agree to pay such fees by selecting the payment option. Additional terms and conditions may apply for the use of an alternative payment option. If HopLocal Payments is unable to collect the Total Price due, as scheduled, HopLocal Payments will collect the Total Price due at a later point in accordance with Section 5.3. Once the payment for your requested booking is successfully completed, you will receive a confirmation email.
2.6 Currency. HopLocal Payments will process each transaction in the currency you select via the HopLocal Platform. The currencies available to make payments may be limited for regulatory or operational reasons based on factors such as your selected Payment Method, your country of residence and/or your HopLocal Payments contracting entity(ies). Any such limitations will be communicated via the HopLocal Platform, and you will be prompted to select a different currency or Payment Method. Note that if your HopLocal Payments contracting entity’s location is different than the country of your Payment Method or your selected currency is different than your Payment Method’s billing currency, your payment may be processed outside of your country of residence. As a result, certain fees may apply and the amount listed on your card statement may be different from the amount shown at checkout. For example, if you make a booking using a U.S. issued card, but select Euro as your currency, your payment may be processed outside the U.S., and banks and credit card companies may impose international transaction fees and foreign exchange fees. In addition, if you select to pay with a currency that is different than your Payment Method’s billing currency, your bank or credit card company may convert the payment amount to your billing currency associated with your Payment Method, based on an exchange rate and fee amount determined solely by your bank. HopLocal Payments is not responsible for any such fees and disclaims all liability in this regard. Please contact your bank or credit card company if you have any questions about these fees or the applicable exchange rate.
2.7 Booking Request Status. If a requested booking is declined either because it is not accepted by the Host or you cancel the booking request before it is accepted by the Host, any amounts collected by HopLocal Payments will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.
2.8 Payment Restrictions. HopLocal Payments reserves the right to decline or limit payments that we believe (i) may violate HopLocal Payments’ risk management policies or procedures, (ii) may violate these Payments Terms or the terms & conditions agreement (iii) are unauthorized, fraudulent or illegal; or (iv) expose you, HopLocal, HopLocal Payments, or others to risks unacceptable to HopLocal Payments.
2.10 Your Payment Method, Your Responsibility. HopLocal Payments is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.
2.11 Different Ways to Pay
2.11.1 Payment Plan
18.104.22.168 HopLocal Payments may make available to Guests the option to pay a portion of the booking’s Total Price at the time of booking and pay the remainder of the Total Price at a later time prior to check-in (“Payment Plan”). Availability of this option may depend on the Listing and/or Payment Method.
22.214.171.124 If you choose a Payment Plan, the HopLocal Platform will notify you during check out of the amount, currency and schedule of each payment due. On the following payments due date, HopLocal Payments will automatically charge the original Payment Method you used to make the booking.
126.96.36.199 If you make a modification to a booking made with a Payment Plan, HopLocal Payments will notify you of the revised payment schedule, as applicable. If the modification increases your Total Price, you may be required to make an additional partial payment of the new Total Price at the time of the modification.
188.8.131.52 You agree that by selecting a Payment Plan, you may not be able to pay for the booking with a different Payment Method or pursuant to a different payment schedule.
184.108.40.206 If HopLocal Payments is unable to collect your payment, HopLocal Payments will notify you of such declined payment, and require you to complete the payment using an alternative Payment Method within 48 hours of the notice. If you fail to complete the payment, you authorize HopLocal to cancel the booking on your behalf. If the booking is canceled, you will be refunded based on the Host’s cancellation policy. You acknowledge that you may incur fees for cancellations pursuant to the Host’s cancellation policy.
3.1 Payment Collection. HopLocal Payments generally collects the Total Price of a booking at the time the Guest’s booking request is accepted by the Host, unless noted otherwise.
3.2 Adding a Payout Method. In order to receive a Payout you must have a valid Payout Method linked to your HopLocal account. When you add a Payout Method to your HopLocal account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to HopLocal Payments or its third-party payment processor(s). Depending on the Payout Method selected additional information may be required, such as: residential address, name on the account, account type, routing number, account number, email address, payout currency, identification number and account information associated with a particular payment processor. You authorize HopLocal Payments to collect and store your billing information and financial instrument information. HopLocal Payments may also share your information with governmental authorities as required by applicable law.
3.3 Timing of Payout
3.3.1 Subject to and conditional upon successful receipt of the payments from Guest, HopLocal Payments will generally initiate Payouts to your selected Payout Method: for Experiences, 7-10 days after guest has made the payment.
3.3.2 HopLocal Payments may offer you a different Payout time or trigger for payment, which may be subject to additional terms and conditions.The time it takes to receive Payouts once released by HopLocal Payments may depend upon the Payout Method you select.
3.4 Payout. Your Payout for a booking will be the Total Price less applicable fees like HopLocal service fees and applicable taxes. In the event of cancellation of a confirmed booking, HopLocal Payments will remit the amount you are due (if any) as provided in the terms & conditions agreement and applicable cancellation policy.
3.5 Payout Restrictions. HopLocal Payments may temporarily place a hold, suspend, or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or completing an investigation; or if we are unable to verify your identity. Furthermore, HopLocal Payments may temporarily place a hold on, suspend, or delay initiating or processing any Payout due to you under the terms & conditions agreement as a result of high volume Booking cancellations or modifications arising from a Force Majeure Event (as defined below).
3.6 Currency Conversion. HopLocal Payments will remit your Payouts in the currency you select via the HopLocal Platform. The currencies available may be limited for regulatory or operational reasons based on factors such as your selected Payout Method, your country of residence, and/or your HopLocal contracting entity(ies). Any such limitations will be communicated via the HopLocal Platform, and you will be prompted to select a different currency or Payout Method. Note that payment service providers may impose transaction, currency conversion or other fees based on the currency or Payout Method you select, and HopLocal Payments is not responsible for any such fees and disclaims all liability in this regard.
3.7 Limits on Payouts. For compliance or operational reasons, HopLocal Payments may limit the amount of a Payout. If you are due an amount above that limit, HopLocal Payments may make a series of Payouts (potentially over multiple days) in order to provide your full Payout amount.
3.9 Your Payout Method, Your Responsibility. HopLocal Payments is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you.
3.10 Different ways to get paid
3.10.1 Split Payouts
If you provide Host Services jointly with one or more other Hosts as part of a team, business or other organization (“Host Team”), HopLocal may make available to such Hosts the option to allocate between the members of the Host Team the total Host Payout for a booking. HopLocal Payments will execute such payments at the instruction of one or more members of the Host Team and is not responsible for any losses related to errors or omissions made by the Hosts in providing such payment instructions.
Appointment of HopLocal Payments as Limited Payment Collection Agent
4.1 Each Host, including each Host Team member, hereby appoints HopLocal Payments as the Host’s payment collection agent solely for the limited purpose of accepting and processing funds from Guests purchasing Host Services on the Host’s behalf.
4.2 Each Host, including each Host Team member, agrees that payment made by a Guest through HopLocal Payments, shall be considered the same as a payment made directly to the Host, and the Host will provide the Host Service booked by the Guest in the agreed-upon manner as if the Host has received the payment directly from the Guest. Each Host agrees that HopLocal Payments may refund the Guest in accordance with the terms & conditions agreement. Each Host understands that HopLocal Payments’ obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guest. HopLocal Payments guarantees payments to Host(s) only for such amounts that have been successfully received by HopLocal Payments from Guests in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Host, HopLocal Payments assumes no liability for any acts or omissions of the Host.
4.3 Each Guest acknowledges and agrees that, notwithstanding the fact that HopLocal Payments is not a party to the agreement between you and the Host(s), including each Host Team member, HopLocal Payments acts as each Host’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Host(s). Upon a Guest’s payment of the funds to HopLocal Payments, the Guest’s payment obligation to the Host(s) for the agreed upon amount is extinguished, and HopLocal Payments is responsible for remitting the funds successfully received by HopLocal Payments to the Host(s) in the manner described in these Payments Terms. In the event that HopLocal Payments does not remit any such amounts, the Host(s) will have recourse only against HopLocal Payments and not the Guest directly.
5.1 Fees. HopLocal Payments may charge fees for use of certain Payment Services and any applicable fees will be disclosed to you in the terms & conditions agreement or via the HopLocal Platform.
5.2 Payment Authorizations. You authorize HopLocal Payments to collect from you amounts due pursuant to these Payment Terms and/or the terms & conditions agreement by either (i) charging the Payment Method associated with the relevant booking, or any other Payment Method on file that you authorize in your HopLocal account (unless you have previously removed the authorization to charge such Payment Method(s)), or (ii) by withholding the amount from your future Payout. Specifically, you authorize HopLocal Payments to collect from you:
- Any amount due to HopLocal or HopLocal Payments (e.g., as a result of your bookings, Booking Modifications, cancellations, or other actions as a Guest, Host or user of the HopLocal Platform), including reimbursement for costs prepaid by HopLocal or HopLocal Payments on your behalf. Any funds collected by HopLocal Payments will set off the amount owed by you to HopLocal or HopLocal Payments and extinguish your obligation to HopLocal or HopLocal Payments.
- Any amount due to a Host from a Guest which HopLocal collects as the Host’s payment collection agent as further set out in Section 4 above.
- Taxes, where applicable and as set out in the terms & conditions agreement.
- Any amount you pay through the Resolution Center in connection with your HopLocal account.
- Overstay penalties payable under the terms & conditions agreement, including any cost and expenses incurred in collecting the overstay penalty.
- Any service fees or cancellation fees imposed pursuant to the terms & conditions agreement (e.g., if, as a Host, you cancel a confirmed booking).
- Any amounts already paid to you as a Host despite a Guest cancelling a confirmed booking or HopLocal deciding that it is necessary to cancel a booking in accordance with the terms and conditions, Guest Refund & CancellationPolicy. You agree that in the event you have already been paid, HopLocal Payments will be entitled to recover the amount of any such guest refund from you, including by subtracting such refund amount out from any future Payouts due to you.
In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to HopLocal Payments collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.
5.3.1 If HopLocal Payments is unable to collect any amounts you owe under these Payments Terms, HopLocal Payments may engage in collection efforts to recover such amounts from you.
5.3.2 HopLocal Payments will deem any owed amounts overdue when: (a) for authorized charges, one hundred and twenty (120) days have elapsed after HopLocal Payments first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, two hundred and seventy (270) days have elapsed after the adjustment is made to the Host’s HopLocal account or the associated services have been provided, whichever is later.
5.3.3 HopLocal Payments will deem any overdue amounts not collected to be in default when three hundred and sixty five (365) days have elapsed: (a) for authorized charges, after HopLocal Payments first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, after the adjustment is made to the Host’s HopLocal account or the associated services have been provided, whichever is later.
5.3.4 You hereby explicitly agree that all communications in relation to amounts owed will be made by electronic mail or by phone, as provided to HopLocal and/or HopLocal Payments by you. Such communications may be made by HopLocal, HopLocal Payments, or by anyone on their behalf, including but not limited to a third-party collection agent.
5.4 Payment Processing Errors
5.4.1 HopLocal Payments will take the necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original Payout Method or Payment Method used or selected by you, so that you end up receiving or paying the correct amount. This may be performed by HopLocal Payments or a third party such as your financial institution. We may also take steps to recover funds sent to you in error (including but not limited to an event of duplicate payments made to you due to a processing error), by reducing, setting off and/or debiting the amount of such funds from any future Payouts owed to you.
5.4.2 To the extent you receive any funds in error, you agree to immediately return such funds to HopLocal Payments.
5.5.1 Any refunds or credits due to a Member pursuant to the Terms and Conditions and Guest Refund & CancellationPolicy, will be initiated and remitted by HopLocal Payments in accordance with these Payments Terms.
5.5.2 Subject to this Section 5.5.2, HopLocal Payments will process refunds immediately, however, the timing to receive any refund will depend on the Payment Method and any applicable payment system (e.g., Visa, Mastercard, etc.) rules. In the event of a Force Majeure Event that may affect the processing and settlement of refunds, HopLocal Payments will initiate and process the refund as soon as is practicable.
Damage Claims and Security Deposits
6.1 If you as a Guest (i) agree to pay the Host in connection with a Damage Claim, or (ii) HopLocal determines that you are responsible for damaging any real or personal property at a Listing pursuant to the terms & conditions agreement, you authorize HopLocal Payments to charge the Payment Method used to make the booking in order to collect any security deposit associated with the Listing, as well as any fees, costs and/or expenses associated with the Damage Claim. If HopLocal Payments is unable to collect from the Payment Method used to make the booking, you agree that HopLocal Payments may charge any other Payment Method on file in your HopLocal account at the time of the Damage Claim (unless you have previously removed the authorization to charge such Payment Method(s).
6.2 You agree that HopLocal Payments may seek to recover from you under any insurance policies you maintain and that HopLocal Payments may also pursue against you any remedies it may have available, including, but not limited to, in relation to any payment requests made by Hosts.
7.1 You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations;
- breach or circumvent any agreements with third parties, third-party rights, or the terms & conditions agreement.
- use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;
- register or use any Payment Method or Payout Method with your HopLocal account that is not yours or you do not have authorization to use;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by HopLocal Payments or any of HopLocal Payments’ providers or any other third party to protect the Payment Services;
- take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
HopLocal Payments shall not be liable for any delay or failure to fulfill any obligation under these Payments Terms resulting from causes outside the reasonable control of HopLocal or HopLocal Payments, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials (“Force Majeure Event”).
9.1 If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied.
9.2 Notwithstanding HopLocal Payments’ appointment as the limited payment collection agent of Hosts pursuant to Section 4, HopLocal Payments explicitly disclaims all liability for any act or omission of any Member or other third party. HopLocal Payments does not have any duties or obligations as agent for each Host except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.
9.3 If we choose to conduct identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
9.4 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.
If you reside in the EEA and contract with HopLocal Payments, Section 11.1 does not apply, and HopLocal Payments is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. HopLocal Payments is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents; such liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of HopLocal Payments in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract. Any additional liability of HopLocal Payments is excluded to the maximum extent allowed by applicable law.
To the maximum extent permitted by applicable law, you agree to release, defend (at HopLocal Payments’ option), indemnify, and hold HopLocal Payments and its affiliates and subsidiaries, and their officers, directors, employees, and agents, 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 Payments Terms; (ii) your improper use of the Payment Services; (iii) your failure, or our failure at your direction, to accurately report, collect or remit taxes; or (iv) your breach of any laws, regulations, or third-party rights. If your country of residence is in the EEA, the indemnification obligation according to this Section 12 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.
Modification, Term, Termination, and other Measures
11.1 Modification. Except as otherwise required by applicable law, HopLocal Payments may modify these Payments Terms at any time. If we make material changes to these Payments Terms, we will post the revised Payments Terms on the HopLocal Platform and update the “Last Updated” date at the top of these Payments Terms. If you are affected by the modification, we will also provide you with notice of the modification at least two (2) months before the date they become effective. If you do not terminate your agreement before the date the revised Payments Terms become effective, your continued use of the Payment Services will constitute acceptance of any changes to the revised Payments Terms.
11.2 Term. This agreement between you and HopLocal Payments reflected by these Payments Terms is effective when you create an HopLocal account or use the Payment Services and remains in effect until either you or we terminate this agreement in accordance with Section 13.3.
11.3 Termination. You may terminate this agreement at any time by sending us an email or by deleting your HopLocal account. Terminating this agreement will also serve as notice to cancel your HopLocal account pursuant to the terms & conditions agreement. Without limiting our rights specified below, HopLocal Payments may terminate this agreement for convenience at any time by giving you two (2) months’ prior notice. HopLocal Payments may also terminate this agreement immediately without notice if (i) you have materially breached your obligations under this agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) HopLocal Payments believes in good faith that such action is reasonably necessary to protect other Members, HopLocal, HopLocal Payments, or third parties.
11.4 Suspension and Other Measures. HopLocal Payments may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, (ii) if you have breached these Payments Terms, the terms & conditions agreement, applicable laws, regulations or third-party rights, (iii) if you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, (iv) for any amounts you owe under these Payments Term that are overdue or in default, or (v) if HopLocal Payments believes in good faith that such action is reasonably necessary to protect the personal safety or property of HopLocal, its Members, HopLocal Payments, or third parties, or to prevent fraud or other illegal activity. Further, for unsuccessful payment due to card expiration, insufficient funds, or otherwise, we may temporarily suspend your access to the Payment Services until we can charge a valid Payment Method.
11.5 Appeal. If HopLocal Payments takes any of the measures described in Section 13.3 and 13.4 you may appeal such a decision by contacting customer service.
11.6 Effect of Termination. If you cancel your HopLocal account as a Host or HopLocal Payments takes any of the measures described above, HopLocal Payments may provide a full refund to any Guests with confirmed booking(s), and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled. If you cancel your HopLocal account as a Guest, HopLocal Payments will initiate a refund for any confirmed booking(s) based on the Listing’s cancellation policy. If your access to or use of the Payment Services has been suspended or limited or this agreement has been terminated by us, you may not register a new HopLocal account or attempt to access and use the Payment Services through an HopLocal account of another Member.
11.7 Survival. Unless your country of residence is in the EEA, these Payments Terms shall survive any termination or expiration of this agreement.
Governing Law and Dispute Resolution
If you are contracting with HopLocal Payments Estonia, these Payments Terms will be interpreted in accordance with Estonian 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 Estonia law. As a consumer, you may bring any judicial proceedings relating to these Payments Terms before the competent court of your place of residence or a court in Estonia. If HopLocal 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 Estonian courts.
We use a variety of service providers (some belonging to the HopLocal group and some being third party service providers) in the context of outsourcing arrangements to help us provide our services in an efficient and qualitative manner. The use of such service providers requires that we transfer or make available some data to them. You agree to such outsourcing arrangements and instruct us to transfer or make accessible data (as further defined below) concerning you and, where relevant, concerning persons linked to you (provided in connection with your HopLocal account) such as your beneficial owners and representatives, to a number of service providers in the context of outsourcing arrangements regarding technical (including IT), operational, payment processing, internal control, customer due diligence (including background or police checks), fraud prevention, risk assessment, product development, maintenance and debugging, advertising, processing of insurance claims, customer support and other services. The data to be transferred or made available includes, if you are an individual, your surname, first name, address, date and place of birth and nationality, and if you are a legal entity your corporate name, registered office, legal form, registration number for legal entities, as well as the aforementioned data on individuals for your beneficial owners and representatives. The data to be transferred or made available includes also for any person its contact details such as phone numbers and e-mail addresses as well as financial data and usage data in relation to our services (including payment method, payout method, payment transaction).