Terms and Conditions
Last updated 2022-07-26
1. General Provisions
Localme is a service that connects local residents, businesses and other local organizations providing tourism and gastronomy activities in certain countries of the African continent with travelers who are looking for a unique, special experience.
These Terms and Conditions govern the rights and obligations of the parties using the service provided by the Localme Korlátolt Felelősségű Társaság (seat: H-1054 Budapest, Hold utca 15. 4. em. 8.; company registration number: 01-09-388369; represented by: Eszter Kisgyura, managing director) through the website www.localmetravel.com. All users of the service provided on the website www.localmetravel.com are obliged to read and accept these Terms and Conditions when registering on the website. These Terms and Conditions are available at www.localmetravel.com/terms/.
„Localme” – the operator of the Website and the service provider is Localme Korlátolt Felelősségű Társaság (registered seat: H-1054 Budapest, Hold utca 15. 4. em. 8.; company registration number: 01-09-388369; e-mail address: email@example.com; represented by: Eszter Kisgyura, managing director)
„Local” – the natural or legal person who offers the activities provided on the Website (travel, sightseeing, accommodation, meals, etc.)
„Traveler” – a natural person who has registered as a traveler to the Website for the purpose of using activities provided by Locals
„User” – the Local and the Travelers collectively
„Parties” – Localme and the Users collectively
„Terms” – all these terms and conditions
„Website” – the website www.localmetravel.com
3. Subject of this Service
3.1. The Local may register on the Website free of charge in accordance with these Terms. After Localme has finalized the Local’s registration under this section, the Local may upload the activity it provides to the Website at a price set by the Local. The uploaded activity by the Local becomes visible and bookable to Users after prior review and approval by Localme. The Local is legally and economically completely independent of Localme, is not employed or engaged in any other employment relationship with Localme.
3.2. Anyone has the right to visit the Website and browse between Locals and uploaded activities without prior registration, however, in order to book activities and access certain additional services of the Website, it is required to register as a Traveler. A Traveler may also register for the Website free of charge, and after registration, may contact Locals and book, and then review the activities offered by Locals upon completion of the activity.
3.3. Pursuant to these Terms, Localme’s obligation extends to the hosting of the Website, as well as to facilitate the conclusion of a contract between a Local and Traveler. As countervalue of the above the Traveler is obliged to pay the booking fee to Localme in accordance with Section 6.1. of these Terms. Localme neither uploads any activities to the Website nor operates as tour operator or travel agent. By booking the activities the Traveler enters into contract directly with the Local, Localme does not participate in the conclusion and the performance of the contract.
4. The Registration Process
4.1. The service provided by Localme is available to any natural persons or legal entities, who comply with the provisions of these Terms and have validly and successfully registered on the Website.
4.2. By registering on the Website, the natural person acknowledges, under the responsibility of their civil liability, that they have reached the age of eighteen (18) years old and are not placed under custodianship restricting legal capacity, or otherwise have legal capacity and legal competency under Hungarian law or in the absence of full legal capacity they are entitled to enter into a contract concluded between Users as a result of Localme’s intermediary activity in accordance with these Terms (in particular if they undertake the contractual obligations up to the extent of their earnings or has the consent of their legal representative regarding the conclusion of the contract).
4.3. By registering on the Website, the legal entity is aware of its civil liability, declares that it is a legal entity registered under its own law and is not subject to bankruptcy, liquidation or involuntary de-registration proceedings and is not under dissolution.
4.4. Registration is free for all Users. Users may register for the Website with their own Google account, or directly through the Website by entering their email address and chosen password. After any form of registration, the Users are obliged to provide a nickname of their choice and to choose whether they wish to use the Website as a Local or a Traveler.
4.5. If the User has registered as a Local, the following information must be provided on the registration form to complete the registration (This information is visible to all travelers.):
-country of origin
-mobile phone number (will be available to travelers after they booked an activity)
-description -short introduction
Further, the local will need to provide the following information (This information will be not visible to travelers)
-date of birth
In addition to the above, during registration as a Local, for verification purposes the Local is entitled, but not obliged to provide a link to their own website or social media account related to the activities the Local plans to provide on the Website.
Localme reserves the right to verify the information provided by the Local and to obtain any other information about the Local related to the service provided on the Website (e.g. traveler reviews from other websites) before finalizing the registration under this section.
Localme reserves the right after prior email or Whatsapp consultation, if it deems necessary, to call the Local via WhatsApp at the telephone number provided by the Local during registration. The contact includes a short interview in which the Local explains in detail the purpose for why they have registered on the Website and the activities they intend to provide. Localme reserves the right to reject a registration in its sole discretion.
The Local is entitled to upload activities to the Website but registration is only finalized after the Local’s first activity has been reviewed and accepted by Localme after a Whatsapp call if deemed necessary.
Once registration has been finalized the Local has the right to amend and modify their profile at any time, with Localme reserving the right to review the changes in its sole discretion.
4.6. The profile of the User who registered as a Local becomes visible to other Users after Localme’s verification and approval of the User’s first uploaded activity pursuant to Section 5.4.
4.7. The User is obliged to provide factual data during registration and when uploading and amending their profile, and to update their profile in case of a change of data. If Localme becomes aware that the range of data provided by the User does contain data which are not factual, Localme is entitled to call the User to correct data or, in justified cases, to ban the User from the Website.
4.8. The nickname or any other information provided during registration - not including the telephone number, e-mail address and link to the User’s own website, social media interface -may not include the Local’s contact information (including e-mail address or telephone number), obscene terms or a term that would violate personality rights or considered as criminal offense.
5. Uploading and Booking the Activity
5.1. A Local who has validly and successfully registered in accordance with Section 4 of these Terms is entitled to publish the activities offered by them - in particular traveling, guided tours, sightseeing, accommodation, meals etc. - after the registration has been finalized by Localme.
Local is obliged to provide the following information on the form regarding the uploaded activity:
The title/name of the activity
Duration of the activity
Photos that shows what the activity is about
Short description of the activity
Detailed description of the activity
The country where the activity is carried out
The fixed or discounted fee of the activity per Traveler (in US Dollars)
In addition to the above, Local is encouraged, but not obliged to provide further information as:
Private tour/group tour
Tags that describe the activity
The exact location the activity is carried out
Good to know useful information for travelers
The minimum and maximum number of travelers who can participate
Bookable days and times
5.2. It is forbidden to include in the activity form a telephone number, e-mail address, link to external website, other contact information that is related to the Local or any other information which aims or allows the contract between the Local and the Traveler to be concluded by bypassing Localme.
5.3. Localme publishes recommendations for the types of activities that Local can provide on the “Join as a local” subpage of the Website, but the list is not full, the Local is free to choose the activity that they want to upload. However, it is forbidden to upload to the Website any activity that is against the law (illegal) or is otherwise incompatible with the purposes of the Website. In such a case, Localme reserves the right to delete the activity or in severe or repeated cases, to ban a Local from the Website.
5.4. The activity which was uploaded in accordance with Section 5.1. of these Terms becomes public and bookable to Users after the activity has been reviewed and approved by Localme. If Localme determines during the review that the uploaded activity must be corrected (e.g.: some information is missing, inconsistent with the text of the activity or Localme's principles or the pricing is unreasonably excessive in relation to market prices), it may contact the Local to make the correction. Localme reserves the right in its sole discretion to refuse the approval of the publication of the uploaded activity.
5.5. By uploading a photo in accordance with Section 5.1. of these Terms, Locals declare that the uploaded pictures belong to their own property or they have gained permissions to use/download the pictures.
5.6. Any Traveler who has validly and successfully registered to the Website in accordance with Section 4 of these Terms can initiate the booking of the published activities through the Website at any time. During the booking request, the Traveler is obliged to provide the following information on the form:
the preferred start date and time of the activity the number of persons wishing to engage in the activity
5.7. By submitting a booking request, the binding period begins. The binding period is in effect for seven (7) calendar days, during which the Local may accept or reject the offer.
The Traveler will be notified if the Local has accepted the offer. The Traveler is entitled to change the details of the booking or finalize the booking by paying the booking fee within seven (7) days from the date of this notification.
The binding period shall terminate upon the unsuccessful expiry of the deadline for the acceptance and finalization of the booking or upon the rejection of the booking.
In case the traveler changes the booking request, the binding period starts again for seven (7) calendar days, during which the Local may accept or reject the offer. If the Local had accepted the offer, the binding period of seven (7) days starts for the Traveler again.
5.8. The offer shall be deemed to be final upon the payment of the booking fee that is calculated in accordance with the provisions of Section 6.1. of these Terms. The contract between the Traveler and the Local is considered to be concluded automatically at the time of the payment of the booking fee. At the time of the payment of the booking fee, the telephone number of the Local will also become accessible to the Traveler through which Users are entitled to agree on the exact location of the activity, as well as other circumstances related to the booked activity.
5.10. The booking fee is non-refundable if the traveler cancels the booking. In case a Local cancels a booking, Localme shall refund the full amount of the booking (as detailed in section 7.7 of this terms) fee paid by the Traveler no later than within fourteen (14) days after gaining knowledge of cancellation.
6. The Payment Terms and Booking Fee
6.1. The compensation for the service provided by Localme on the Website is the booking fee, which is 11 percent of the activity fee or a maximum of 45 USD per person and is automatically determined and charged by Localme. By accepting these Terms, the Traveler expressly declares that they are aware that the booking fee is in addition to the fee for the activity and is paid directly to Localme. In addition to the booking fee, Localme is not entitled to any other fee for the service provided through the Website. The obligation to pay the booking fee shall be borne by the Traveler.
6.2. The Traveler shall pay the amount of the booking fee through PayPal.
At the completion of the payment of the booking fee, Localme will automatically issue an electronic invoice to the Traveler in accordance with the rules of electronic invoicing.
6.3. The Users are entitled and obliged to settle the countervalue for the booked activity among themselves in the manner indicated by the Local and accepted by the Traveler (particularly in cash at the place of the activity or in advance by bank transfer).
6.4 Bypassing the booking and the payment process is prohibited. If Localme becomes aware that a certain User violated this obligation, Localme is entitled to permanently delete this User’s account.
7. Reviews of the Activity
7.1. The Traveler is entitled to review the Local and the activity provided by the Local within thirty (30) days from the starting date indicated in the booked activity. If the review is not made within thirty (30) days, Localme will consider the activity to be successful and will not be able to accept a complaint in connection therewith.
7.2. The review completed by the Traveler consists of a rating between one to five stars and an explanatory comment that is consistent with the rating. If the Local does not show up to the activity at the beginning of the date indicated in the finalized booking, the Traveler must indicate the option “The Local did not show up” instead of providing a one to five star rating. After selecting the ‘local didn’t show up' option the traveler has the opportunity to apply for a refund of the booking fee. The Traveler shall write the review in a well-thought-out manner while being aware that the review is visible to all visitors on the Website and cannot be modified at a later time.
7.3. The Users declare that they are publishing reviews and any other comments of public communication with full awareness of their civil and criminal responsibilities.
7.4. Localme declares that Localme is not responsible for any reviews or comments written by Users.
7.6. Localme reserves the right to delete the account of the Local from the Website that does not have an average rating of at least three (3) stars (provided that the Local has received at least five (5) valid reviews) or does not have an average rating of two (2) stars (provided the Local has received at least three (3) valid reviews) or the Local has at least three (3) “Local did not show up” reviews in accordance with Section 7.2.
7.7. If, despite prior arrangement, the Local fails to show up, the Traveler is entitled to a full refund of the booking fee set out in Section 6.1. of these Terms (including the costs incurred by the Traveler in accordance with the performance of the contract) provided that the Traveler indicated in their review the “Local did not show up” option and selected the apply for refunds option within thirty (30) days from the starting date indicated in the booked activity. After investigation localme finds that the claim is legitimate, Localme shall refund the full amount of the booking fee paid by the Traveler (including the costs incurred by the Traveler in accordance with the performance of the contract) promptly after the review, but no later than within fourteen (14) days after gaining knowledge of the review.
8.1. The Website is operated by Localme as an intermediary. Localme shall not be liable for the activities and offers posted by the Users on the Website, for the contracts concluded on the basis of thereof, for the non-conclusion of any contract or for the errors or misstatements of any activities posted on the Website.
8.2. Localme will exercise due diligence in connection with the content uploaded by the Users on the Website. Therefore Localme shall not be liable for the retention, quality, safety or legal compliance of the activities or any other content published on the Website. Localme excludes all claims for direct or indirect damages arising from the content posted on the Website by others.
8.3. Localme does not participate as a contracting party in the contract between the Local and the Traveler concluded by the booking of the activity and the confirmation of the booking and Localme does not intervene in disputes between the Users. Localme’s liability is restricted to the booking of the activity and the payment of the booking fee. Localme shall not be liable for any material damage or infringement of personality rights (in particular any violation of life, bodily integrity, health, personal liberty or privacy, any breach of integrity, or any breach of the right to facial likeness and recorded voice) incurred by the User during or in connection with providing or using the activity.
8.4. Localme is entitled, but not obligated to check the content published by the Users on the Website. The Users who have published the content are solely responsible for the published content and for any damages incurred in connection therewith.
8.5. Localme seeks to continuously optimize and update the Website as needed and to address any arising malfunctions. For this reason, Localme does not undertake to ensure the continuing availability of the Website.
8.6. Localme proceeds with due diligence to make sure that accessing the Website and the content of the Website is secure. Regardless, the User agrees to use the Website at their own risk, and Localme shall not be liable for any damages to the User’s computer, mobile device, tablet or other device that is capable of accessing the Website and data stored on it, incurred while connecting to or using the Website. Localme is also not responsible for any intrusion aimed to steal the User's password or any other personal data provided by the User on the Website (in particular, telephone number or the information of their PayPal account).
8.7. The booking fee set out in Section 6. is paid through a payment system independent from Localme (PayPal). Localme shall not be liable for any errors falling beyond the control of Localme that may occur during the use of PayPal.
8.8. The Local shall be liable for complying with all laws, rules and regulations including tax regulations that apply to them and to the activities provided by them. Depending on the country where Local delivers the activity, he may have to register, obtain a permission or a license before providing activities. It is the Local’s responsibility to seek information on how to obtain these.
9. Force Majeure
Localme shall not be held liable for the non-performance of the obligations arising from the contract if the obstacle of the contractual performance of the contract is an unforeseeable, force majeure event. Force majeure shall mean in particular, but not exclusively, the following: war, armed conflict, armed rebellion, civil disturbance, strike, military intervention, epidemic, flood, embargo or other accident or natural disaster that Localme has no influence over.
10. Intellectual Property
10.1. If it is not indicated otherwise within the website content, Localme, its members or its employees are the exclusive copyright holders - or in lack of the above mentioned rights have the necessary rights to use - of all images, videos, audio, blog posts, program code and other content uploaded by Localme on the Website. Reproduction, distribution, adaptation or any other use of any content posted by Localme on the Website is prohibited without the prior permission of Localme. Localme is the sole owner of all trademarks, other logos, illustrations, names, and slogans posted by Localme on the Website.
10.2. By accepting these Terms, the Local declares that they are entitled to use all image, text, and other content in the field of intellectual property that were published by them on the Website. Localme cannot be held liable for any claims and no claims can be enforced against Localme arising from the Local’s lack of the right to use the content.
11.1. The processing of the Users’ personal data is in accordance with the provisions of the national legislation and European Union regulations currently in force, in particular the provisions of the Act CXII of 2011 on Informational Self-Determination and Freedom of Information and the provisions of regulation (EU) 2016/679 of the European Parliament and of the Council (General Data Protection Regulation).
11.2. The controller of the personal data is the Localme Korlátolt Felelősségű Társaság. The purpose of the data processing is to sell the service provided by Localme on the Website and to perform the contracts related to the service and in case of such consent of the User, to send promotional materials and newsletters related to the service.
11.3. If necessary Localme may cooperate with Hungarian and international authorities in accordance with the applicable data protection regulations. Upon the lawful request of these authorities Localme shall be obliged to provide the authorities the necessary personal data and information concerning the User.
12. Contact and Complaint Handling Service
12.1. In the event of any complaints arising during the use of the Website, the User may contact Localme and submit complaints on the dedicated sub-page of the Website by filling in the form.
The complaint handling by Localme is free of charge.
12.2. A complaint can only be issued if it is related to a problem that is in control of Localme and that can be remedied by Localme, in particular the inoperability of the payment system for a reason that is in Localme’s control. Localme will investigate the problem requiring immediate resolution promptly upon the receipt of the complaint and, if it is possible, it remedies the problem immediately. In all other cases Localme will respond to the problem within thirty (30) days.
12.3. If the User's duly submitted complaint is partially or completely rejected, or the deadline for investigating the complaint set out in Section 12.2. elapsed without any action taken, the User may apply to the following panel:
Budapesti Békéltető Testület Registered seat: H-1016 Hungary Budapest, Krisztina krt. 99. I. em. 111. Mailing address: H-1253 Hungary Budapest, Pf.: 10. E-mail address: firstname.lastname@example.org Telephone number: +36 (1) 488 21 31
Despite the above in case of a User residing or staying in Hungary, the acting body shall be the body with territorial jurisdiction according to the User's place of residence or stay.
12.4. If the User would like to pursue a consumer dispute online, he possess the opportunity to do it through the online dispute resolution platform that is available at https://ec.europa.eu/odr
12.5. Other questions and comments related to the operation and content of the Website can be sent to the following e-mail address: email@example.com.
13. Scope of the Terms and the Termination of the Contract
13.1. The contract between the Users and Localme with content under these Terms enters into force by accepting these Terms during registration and remains in force for an indefinite period of time. The contract concluded in accordance with this section shall be deemed as written.
13.2. The User is entitled to terminate the concluded contract with immediate effect at any time by deleting the user account by clicking on the "My Profile", "Delete Account" menu item.
13.3. The user account of the Local can be deleted if the Local does not upload any activity approved by Localme on the Website within sixty (60) days from the finalization of Local’s registration in accordance with Section 4.5. of these Terms.
13.4. Localme has the right to permanently delete the account of the User and ban them from the Website in the following cases:
a) The Local does not have an average rating of at least three (3) stars (provided that the Local has received at least five (5) valid reviews) or does not have an average rating of two (2) stars (provided the Local has received at least three (3) valid reviews); b) The Local didn’t show up at the activity 3 or more times c) In case of the inactivity of the User. The User is considered to be inactive if at least two (2) years have passed since the User’s last entry to the Website; d) The User seriously or repeatedly violates any essential contractual obligation of these Terms. Pursuantly of this section uploading content that violates these Terms, posting a review or comment that violates these Terms, or bypassing the booking and payment process of Localme (in particular by publishing telephone number, e-mail address, link to an external website or any other contact information in any field on the Website) is particularly but not exclusively considered as breach of substantial contractual obligations.
13.5. The deletion of the User’s account does not affect the validity of the contract concluded between Local and the Traveler through the intermediary activity of Localme and the existence of the obligations arising therefrom.
13.6. Localme reserves the right to terminate the Website at any time without prior notice to the User. The elimination of the Website does not affect the validity of the contract that is concluded between the Local and the Traveler through the intermediary activity of Localme and the existence of the obligations arising therefrom.
14. Governing law and dispute resolution
14.1. Regarding these Terms and any agreements concluded between Localme and Users, Parties stipulate Hungarian law, pursuant to which these Terms and any agreement between Localme and the Users are governed by and construed in accordance with the Hungarian Acts in force at any time, in particular Act V of 2013 on the Civil Code and Government Decree No. 45/2014 (II. 26.) on the detailed rules governing contracts concluded between consumers and businesses.
14.2. By accepting these Terms, the Parties agree to attempt to resolve any dispute arising between Localme and the Users by amicable means in accordance with Section 12. of these Terms. In the event of a failure to do so, the Parties stipulate the jurisdiction of the Hungarian court with material and territorial jurisdiction.
15. Miscellaneous Provisions
15.1. These Terms shall enter into force on 2022-07-26.
15.2. Localme is entitled to amend these Terms at any time, which will take effect in the case of already validly and successfully registered Users with the express consent of these amended Terms, in other cases by their publication on the Website.
15.4. If any elements of these Terms are considered as invalid or unenforceable, the remaining provisions of these Terms shall remain in full force and effect.