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 is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers.
Thank you for using HopLocal!
These Terms of Service for European Users (“Terms”) are a binding legal agreement between you and HopLocal (part of GetMe Technologies OÜ) that govern your use of the websites, applications, and other offerings from HopLocal (collectively, the “HopLocal Platform”). When used in these Terms, “HopLocal,” “we,” “us,” or “our” refers to the HopLocal entity set out on Schedule 1 with whom you are contracting.
The HopLocal 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.” Hosts offer activities, excursions and events (“Experiences”), and a variety of travel and other services (collectively, “Host Services,” and each Host Service offering, a “Listing”). You must register an account to access and use many features of the HopLocal Platform, and must keep your account information accurate. As the provider of the HopLocal Platform, HopLocal does not own, control, offer or manage any Listings or Host Services. HopLocal is not a party to the contracts concluded directly between Hosts and Guests, nor is HopLocal a real estate broker, insurer or an organiser or retailer of travel packages under Directive (EU) 2015/2302. HopLocal is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms of Service (“Payment Terms”).
If you Host, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Host Services.
- Our mission is to create a world where you can belong anywhere. Browse through millions of Listings to find the ones that fit your preference. Learn more about a Listing by reviewing the description and photos, the Host profile, and past Guest reviews. If you have questions, just message the Host.
- Searching and Booking on HopLocal.
2.1 Searching. You can search for Host Services by using criteria like the type of Host Service, 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, Learn more about search results in our Help Center.
2.2 Booking. When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like and any other items identified during checkout (collectively, “Total Price”). You are also agreeing that HopLocal Payments may charge and collect any security deposit identified during checkout. When you receive the booking confirmation, a contract for Host Services (sometimes called a reservation in these Terms) is formed directly between you and the Host. The cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout form part of your contract with the Host. Be aware that some Hosts work with a co-host or as part of a team to provide their Host Services.
2.3 Reservations for Experiences and Other Host Services. An Experience or other Host Service reservation entitles you to participate in, attend, or use that 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 Host Service. Except where expressly authorized, you may not allow any person to join a Host Service unless they are included as an additional guest during the booking process.
- Cancellations, Travel Issues, Refunds and Booking Modifications.
3.1 Cancellations, Travel Issues, and Refunds. In general, if you cancel a reservation, the amount refunded to you is determined by the Refund and Cancellation Policy that applies to that reservation.
3.2 Booking Modifications. Hosts and Guests are responsible for any booking modifications they agree to make via the HopLocal Platform or direct HopLocal customer service to make on their behalf (“Booking Modifications“), and agree to pay any additional amounts, fees or taxes associated with any Booking Modification.
- 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 Experience. For example, this means: (i) you are responsible for leaving an Accommodation (and related personal property) in the condition it was in when you arrived, and (ii) 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.
- Hosting on HopLocal.
5.1 Host. As a Host, HopLocal offers you the opportunity to share your 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.
5.2 Contracting with Guests. When you accept a booking request, or receive a booking confirmation through the HopLocal 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 Hoplocal’s service fee (and applicable taxes) for each booking.
Host service fee– We charge hosts who offer experiences a 7.5% service fee. This is calculated based on the price of the experience and is automatically deducted from the host’s payout. We waive this fee for certain social impact experiences.
Guest service fee- We currently do not charge a guest service fee for experiences.
VAT charges on service fees
Depending on the laws of the jurisdiction involved, VAT may be charged on top of the host and guest service fee. The service fee will include these VAT charges when applicable.
HopLocal 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 terms and conditions, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.
5.3 Independence of Hosts. Your relationship with HopLocal is that of an independent individual or entity and not an employee, agent, joint venturer or partner of HopLocal, except that HopLocal Payments acts as a payment collection agent as described in the Payments Terms. HopLocal 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.
- Managing Your Listing.
6.1 Listing an Experience. To list an Experience, you must create a Listing and submit the Experience to HopLocal. Experiences must at all times meet the standards and requirements for Experiences. When listing an Experience you must, where applicable, fully educate and inform Guests about (i) any risks inherent or incidental to the Experience, (ii) any requirements for participation, such as the minimum age, related skills, or level of fitness, and (iii) anything else they may need to know to safely participate in the Experience (including dress codes, equipment, special certifications or licenses, etc.). HopLocal reserves the right to decide, in its sole discretion, whether a submitted Experience will be published on the HopLocal Platform.
6.2 Hosting HopLocal Guests. Once your Experience is published on the HopLocal Platform, you will have the ability to add dates and times when you offer your Experience through the HopLocal Platform (an “Instance”). By making an Instance of your Experience available on the HopLocal Platform, you agree that only people who book through HopLocal can attend that Instance of the Experience. You further agree that you will not allow people to attend any Instance of your Experience available on the HopLocal Platform unless that person booked through HopLocal (or was added as an additional Guest for a spot booked through the HopLocal Platform).
6.3 Equipment. You are responsible for providing all equipment, including supplies, vehicles, venues and other materials (“Equipment”) necessary to host your Experience. You are solely responsible for ensuring that the Equipment used in your Experience is in good working order and conforms to all laws pertaining to safety, equipment, inspection, and operational capability. Except as otherwise required by law, you assume all risk of damage or loss to your Equipment.
6.4 Additional Experience Host Responsibilities. You are responsible for (i) understanding and complying with all laws, rules and regulations that may apply to your Experience, (ii) obtaining any required licenses, permits, or registrations prior to providing your Experience; and (iii) ensuring that your Listing and/or Hosting of an Experience will not breach any agreement you may have with any third party. You can find additional information about some of the legal obligations that may apply to you.
6.5 Termination. As an Experience Host, you may terminate this agreement at any time by sending us an email or by removing all of your Experiences from the HopLocal Platform. HopLocal may terminate this agreement immediately and without notice and stop providing access to the HopLocal Platform if you materially breach this agreement and/or our other Terms or Policies, you violate applicable laws, or we reasonably believe termination is advisable to protect HopLocal, its Members or third parties. If your Experience Listing has been inactive for 120 or more days, we may remove it from HopLocal. If you reside in the United States, or the organization you are acting for is established in the United States, the language in this Section 6 supersedes Section 13.2 of the Terms with respect to all activities related to Hosting an Experience.
6.6. Hosting as a Team or Organization. You must provide your Experience in person and may not allow any third party to provide the Experience on your behalf, unless authorized by HopLocal. Any member of a team, business, or organization that interacts with Guests must be added to an Experience via the method designated by the HopLocal Platform.
6.7. Insurance. We may require that you obtain your own insurance in order to publish an Experience on the HopLocal Platform. In such cases, you agree to obtain and maintain insurance for you, the members of your team or organization, and/or your Experience with the coverage and in the amounts determined by us in our sole discretion for any and all activities that take place on your Experience. You agree to cooperate with HopLocal to verify such insurance coverage. In the event that HopLocal has obtained its own liability insurance that covers your Experiences, your insurance will be the primary source of coverage and HopLocal’s insurance will operate as excess or secondary insurance for any amounts exceeding your coverage. Our procurement of such secondary insurance coverage does not relieve you of your obligation to obtain insurance in amounts required by us.
6.8. Severability. If any provision or part of a provision in these terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.
6.9. Modifications to these Experience Host Terms. HopLocal reserves the right to modify these Experience Host Terms at any time in accordance with Section 14 of the Terms.
6.10. Survival. Unless you reside in the European Economic Area, United Kingdom, or Switzerland, if you or we terminate these Experience Host Terms, the clauses of these Experience Host Terms that reasonably should survive such termination will remain in effect. When these Experience Host Terms are terminated, you are not entitled to a restoration of your account (if your account is cancelled) or of the Member Content.
6.11 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. If you have questions about how local laws apply you should always seek legal advice.
6.12 Search Ranking. The ranking of Listings in search results on the HopLocal Platform depends on a variety of factors, including these main parameters:
- Guest search parameters (e.g. number of Guests, time and duration of the experience, price range),
- Listing characteristics (e.g. price, calendar availability, number and quality of images, Reviews, type of Host Service, host status, age of the Listing, average Guest popularity),
- Guest booking experience (e.g. customer service and cancellation history of the Host, ease of booking),
- Host requirements (e.g. maximum number of guests, booking cut-off time), and
- Guest preferences (e.g. previous experiences, saved Listings, location from where the Guest is searching).
Search results may appear different on our mobile application than they appear on our website. HopLocal may allow Hosts to promote their Listings in search or elsewhere on the HopLocal 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.
6.13 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 fees and charges in your Listing description and may not collect any additional fees or charges outside the HopLocal Platform. Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the HopLocal Platform in violation of this terms and conditions of using HopLocal platform.
6.14 Hosting as a Team or Organization. If you work with a co-host or host as part of a team, business or other organization, the entity and each individual who participates in providing Host Services, is responsible and liable as a Host 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 HopLocal 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.
- Cancellations, Travel Issues, and Booking Modifications.
7.1 Cancellations and Travel 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 Refund and cancellation 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 Travel Issue (as defined by the Guest Refund and Cancellation Policy, 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 HopLocal exceeds your payout, HopLocal (via HopLocal Payments) may recover that amount from you, including by offsetting the refund against your future payouts. 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.
7.2 Booking Modifications. Hosts and Guests are responsible for any Booking Modifications they agree to make via the HopLocal Platform or direct HopLocal customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.
8.1 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“). Each host is responsible for paying their own taxes. Hosts who work as private persons must ensure that they declare their income with income tax return.
You hereby acknowledges that you are obliged to fully comply with all tax obligations that arise to you from the applicable laws in relation to providing the Transportation Services, including (i) paying income tax, social security tax or any other tax applicable; and (ii) fulfilling all employee and tax registration obligations for calculations in regard to accounting and transfers to applicable State authorities as required by the applicable law. In case the Tax authority will submit a valid application to us to provide information regarding the activities of you, we may make available to the Tax authority the information regarding the activities of you to the extent set forth in valid legal acts. Additionally, it is your obligation to adhere to all applicable tax regulations that may apply in connection with the provision of Transportation Services. You hereby agree to compensate HopLocal/GetMe Technologies OÜ all state fees, claims, payments, fines or other tax obligations that HopLocal/GetMe Technologies OÜ will incur in connection with the obligations arising from applicable tax regulations not having been met by you (including paying the income tax and social tax).
8.2 Collection and Remittance by HopLocal. In jurisdictions where HopLocal facilitates the collection and/or remittance of Taxes on behalf of Hosts, you instruct and authorize HopLocal 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 HopLocal are identified to Members on their transaction records, as applicable. HopLocal 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 HopLocal 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.
8.3 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 HopLocal 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 by our Guests and their organizations.
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 our Content and Review Policy. Reviews are not verified by HopLocal for accuracy and may be incorrect or misleading.
- HopLocal 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
- Do not lie, misrepresent something or someone, or pretend to be someone else.
- Be polite and respectful when you communicate or interact with others.
- Do not scrape, hack, reverse engineer, compromise or impair the HopLocal Platform
- Do not use bots, crawlers, scrapers or other automated means to access or collect data or other content from or otherwise interact with the HopLocal Platform.
- Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the HopLocal Platform or Content.
- Do not decipher, decompile, disassemble or reverse engineer any of the software or hardware used to provide the HopLocal Platform.
- Do not take any action that could damage or adversely affect the performance or proper functioning of the HopLocal Platform.
- Only use the HopLocal Platform as authorized by these Terms or another agreement with us
- You may only use another Member’s personal information as necessary to facilitate a transaction using the HopLocal Platform as authorized by these Terms.
- Do not use the HopLocal Platform, our messaging tools, or Members’ personal information to send commercial messages without their express consent.
- You may use Content made available through the HopLocal Platform solely as necessary to enable your use of the HopLocal Platform as a Guest or Host.
- 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.
- Do not request, make or accept a booking or any payment outside of the HopLocal Platform to avoid paying fees, taxes or for any other reason.
- 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 HopLocal.
- Do not engage in any practices that are intended to manipulate our search algorithm.
- Do not book Host Services unless you are actually using the Host Services.
- Do not use, copy, display, mirror or frame the HopLocal Platform, any Content, any HopLocal branding, or any page layout or design without our consent.
- Honor your legal obligations
- Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
- Read and follow our terms and conditions and other associated policies.
- Do not organize or facilitate unauthorized parties or events. You are responsible and liable for any party or event during your reservation
- Do not use the name, logo, branding, or trademarks of HopLocal or others without permission.
- Do not use or register any domain name, social media handle, trade name, trademark, branding, logo or other source identifier that may be confused with HopLocal branding.
- 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 HopLocal. In addition, if you believe that a Member, Listing or Content has violated our terms and conditions, you should report your concerns to HopLocal. If you reported an issue to local authorities, HopLocal may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report.
11.3 Copyright Notifications. If you believe that Content on the HopLocal Platform infringes copyrights, please notify us at email@example.com.
- Termination, Suspension and other Measures.
12.1 Term. The agreement between you and HopLocal reflected by these Terms remains in effect until either you or we terminate the agreement in accordance with these Terms.
12.2 Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. HopLocal may terminate this agreement for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. HopLocal may also terminate this agreement immediately and without prior notice and stop providing access to the HopLocal Platform if (i) you materially breach these terms and conditions or associated policies, (ii) you violate applicable laws, or (iii) such action is necessary to protect the personal safety or property of HopLocal, 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.
12.3 Member Violations. If (i) you breach our terms and conditions or any associated policies, (ii) you violate applicable laws, regulations or third party rights, (iii) you have repeatedly received poor Reviews or HopLocal 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 HopLocal, its Members, or third parties, HopLocal may:
- suspend or limit your access to or use of the HopLocal Platform and/or your account;
- suspend or remove 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 HopLocal 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.
12.4 Legal Mandates. HopLocal 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.
12.5 Effect of Termination. If you are a Host and terminate your HopLocal 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 HopLocal Platform has been limited, or your HopLocal account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the HopLocal Platform through an account of another Member.
12.6 Appeal. If HopLocal takes any of the measures described in this Section 13 you may appeal such a decision by contacting our customer service..
- Modification of these Terms.
HopLocal may modify these Terms at any time. When we make changes to these Terms, we will post the revised Terms on the HopLocal Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the proposed changes by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the HopLocal Platform will constitute acceptance of the revised Terms.
- Resolving Complaints and Damage Claims.
If a Member provides evidence that another Member has culpably damaged their real or personal property (“Damage Claim“), the complaining Member can seek compensation through the Help Center. If the complaining Member escalates a Damage Claim to HopLocal, the other Member will be given an opportunity to respond. If the responding Member agrees to pay, or HopLocal determines under consideration of any applicable statutory rules on the burden of proof that they are responsible for the Damage Claim, HopLocal via HopLocal Payments can collect any sums required to cover the Damage Claim from the responding Member and/or against any security deposit. HopLocal may also pursue against you any remedies it may have available under applicable law. You agree to cooperate in good faith, provide any information HopLocal requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of Host Services. You may appeal a decision by HopLocal by contacting our customer service. Any decisions made by HopLocal in relation to a Damage Claim do not affect your contractual and statutory rights. Your right to take legal action before a court of law remains unaffected.
- HopLocal’s Role.
We offer 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. HopLocal is not and does not become a party to or other participant in any contractual relationship between Members. HopLocal is not acting as an agent for any Member except for where HopLocal Payments acts as a collection agent as provided in the Payments Terms. While we work hard to ensure our Members have great experiences using HopLocal, 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 HopLocal has no general obligation to monitor the use of the HopLocal Platform and verify information provided by our Members, but has the right to review, disable access to, remove, or edit Content to: (i) operate, secure and improve the HopLocal 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. You may appeal such a decision by contacting our customer service. Members agree to cooperate with and assist HopLocal in good faith, and to provide HopLocal with such information and take such actions as may be reasonably requested by HopLocal with respect to any investigation undertaken by HopLocal regarding the use or abuse of the HopLocal Platform.
- Member Accounts.
You must register an account to access and use many features of the HopLocal Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the HopLocal 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 register more than one account or 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 HopLocal 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 HopLocal 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.
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 HopLocal 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 HopLocal Platform. HopLocal may, temporarily and under consideration of the Members’ legitimate interests (e.g. by providing prior notice), restrict the availability of the HopLocal 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 HopLocal Platform.
HopLocal 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. For any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents HopLocal’s liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of HopLocal in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract. Any additional liability of HopLocal is excluded.
To the maximum extent permitted by applicable law, you agree to release, defend (at HopLocal’s option), indemnify, and hold HopLocal (including HopLocal 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 terms and conditions, (ii) your improper use of the HopLocal Platform, (iii) your interaction with any Member, participation in an 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.
- Contracting Entities.
Based on your country of residence or establishment and what you are doing on the HopLocal Platform, Schedule 1 below sets out the HopLocal entity with whom you are contracting. If we identify through the HopLocal Platform, an HopLocal entity other than the one set out on Schedule 1 as being responsible for a product, feature or transaction, the HopLocal 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 HopLocal 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.
- 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 bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of HopLocal’s place of business in Ireland. 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 Irish courts.
22.2 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 HopLocal and you pertaining to your access to or use of the HopLocal Platform and supersede any and all prior oral or written understandings or agreements between HopLocal and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and HopLocal. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 24.11 below, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
22.3 No Waiver. HopLocal’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.
22.4 Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without HopLocal’s prior written consent. HopLocal 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.
22.5 Notice. Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by HopLocal via email, HopLocal Platform notification, messaging service via email, or any other contact method we enable you to provide.
22.6 Third-Party Services. The HopLocal Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. HopLocal is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
22.7 Google Terms. Some translations on the HopLocal 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 HopLocal 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.
22.8 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.
22.9 HopLocal Platform Content. Content made available through the HopLocal 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 HopLocal 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 HopLocal 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, HopLocal 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 HopLocal Platform and accessible to you, solely for your personal and non-commercial use.
22.10 Force Majeure. HopLocal shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
22.11 Emails and SMS. You will receive administrative communications from us using the email address or other contact information you provide for your HopLocal 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 HopLocal Account.
22.12 Contact Us. If you have any questions about these Terms please email us at firstname.lastname@example.org.
- Complaints Handling and Mediation.
We want to be transparent about how we handle complaints and aim to treat all Business Users fairly. Our Help Center explains how you can access our internal complaint-handling system and what you can expect as a Business User when you make a complaint in relation to issues falling under the remit of Article 11 (1) of the Platform to Business Regulation. It also sets out the details of the mediation service that you can use in the event that such a complaint is not resolved.
- Access to Data.
- Additional Distribution Channels.
HopLocal 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 HopLocal published on third party websites from time to time.
Schedule 1 – Contracting Entities
YOUR PLACE OF RESIDENCE OR ESTABLISHMENT:
YOUR ACTIVITY ON THE HopLocal PLATFORM:
HopLocal CONTRACTING ENTITY:
European Economic Area, Switzerland or the United Kingdom
Booking or offering certain types of experiences where HopLocal (a part of GetMe Technologies OÜ) is identified in the listing process.
GetMe Technologies OÜ
Järve 50A-7, Tallinn, 11314, Estonia