Last Updated: 13. February 2019
LocalBini AG is registered in the commercial registry of St. Gallen, Switzerland, under the number CHE-241.752.481.
LocalBini AG and the brand LocalBini are interchangeably hereafter referred as to “LocalBini”, “Company”, “we”, “us” or “our”.
LocalBini is the European peer2peer experience marketplace dedicated to travel & cultural experiences.
The platform contains unique activities and experiences for people, whether locals, visitors or travellers. The service is accessible via the website and two free mobile apps, enabling you to book an experience almost until the last minutes.
The vision of LocalBini is to foster human connections via shared experiences.
LocalBini operates supplementary websites such as the BiniBlog to provide you with inspirational content, free of charge.
We do our best to describe the Terms of Service in a clear and understandable manner, but we still need to use some legal sentences from time to time.
We define that:
Please note: The term “BiniGuide” or “Local Ambassador” does not refer to any government-authorized license; it is the term used by LocalBini to describe the people that offer experiences at their destinations.
Anyone can browse LocalBini without registering for an account. But to use some of LocalBini’s functions, you’ll need to register with your email address and set a password. When you do that, the information you give us has to be accurate and complete. Don’t impersonate anyone else or choose names that are offensive or that violate anyone’s rights. If you don’t follow these rules, we may cancel your account without any notice.
You’re responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone has used your account without your permission, you should report it to [email protected] .
To sign up for an account or to make a booking request for an experience, you need to be at least 18 years old, or old enough to form a binding contract where you live. If necessary, we may ask you for proof of age. LocalBini reserves the right to reject access to its LocalBini platform and its websites such as the BiniBlog.
The Users of the LocalBini marketplace must comply at all times with all local laws, such as declare income generated on LocalBini and comply with local tax laws. We reserve our right to request Users to provide proof of paying taxes.
At any time, you have the following rights:
In order to access certain features of the platform, and to book an Experience on the platform or to create an Experience, Users must register to create an account and become an authenticated User.
We require you to provide following minimum amount of data so that you can use the platform :
EXTRA INFORMATION REQUIRED
If you are a Local, you need to provide us with additional information:
As a Local, you should provide a description about you as a person under “PROFILE”. LocalBini does not process any of these data under “PROFILE”. This data is only displayed to your potential Guest(s) to help them make a decision. You can have a preview of your public profile to see what your Guest(s) see. Only your first name is displayed to public. Please note: the official invoice/receipt sent to the Guest contains the Locals’s first and last name in order to comply with regulatory obligations.
A User may not have more than one (1) LocalBini Account.
If you are a Guest who would like to make a booking request, you need to provide us with additional information:
Your credit card details are stored safely with PayPal’s company BRAINTREE. We do not store your credit card details in our system apart from the last four digits of your credit card or bank account (as applicable), expiration date, and country, which we require for tax, government regulatory, and security purposes.
Your are in charge!
You are fully responsible for safeguarding your password, and agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under their LocalBini Account, whether or not you have authorized such activities or actions. Please notify LocalBini of any unauthorized use of your LocalBini Account immediately.
Our own right:
LocalBini reserves the right to suspend or terminate the User’s LocalBini Account and the User’s access to the platform if the User creates more than one (1) LocalBini Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
We provide various ways to register or sign in the platform. You can log-in with your email or with third-party identity providers including but not limited to Facebook Login and the Google Identity Platform.
You agree that LocalBini may process the data that is provided by the Third Party Identity Provider, however, you remain in the control of the data.
You agree to grant use of all information and data provided by the Third Party Identity Provider ("SNS Content") to LocalBini without breach by the User of any of the terms and conditions that govern the User’s use of the applicable Third Party Identity Provider and without obligating LocalBini to pay any fees or making LocalBini subject to any usage limitations imposed by such third-party service providers.
In the event that you use Third Party Identity Provider, LocalBini wants to protect itself. Hence, if you use such Third Party Identity Provider, you are allowing LocalBini access to Content that is covered by intellectual property rights, like photos and videos (IP content), and you specifically give LocalBini the following permission, subject to the your privacy and application settings:
you grant LocalBini a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that the User posts on or in connection with Third Party Identity Providers.
LocalBini may store, access and use such Content worldwide so that the Content is available through the Site, Services and Application
Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be User Content for all purposes of these Terms. Depending on the Third Party Identity Provider, the Users choose and are subject to the privacy settings that the Users have set in such Third Party Accounts, personally identifiable information that the Users post to their Third Party Accounts may be available on and through the User’s LocalBini Account on the Site, Services and Application.
If a Third Party Identity Provider becomes unavailable or the Users agree that in case a Third Party Identity Provider Account is terminated by the Third Party Identity Provider, the User will no longer be able to access the LocalBini Site, Services and Application.
We make no effort to review any Content provided to us via the User’s Third Party Identity Provider for any purpose, including but not limited to accuracy, legality or non-infringement and LocalBini is not responsible for any Content.
We provide you access to LocalBini platform free of charge.
However, one of the two revenues streams applies for bookings:
Please note that you can both offer one unique experience as a BiniGuide and be also part of the BiniPool concept as a Local Ambassador.
The service fee can at any time be modified at LocalBini’s sole discretion. Locals will be notified on any such modification.
Please note and acknowledge that all experience listings are denominated in the currency EURO in the entire European Union, besides:
LocalBini, in its sole discretion, rounds up or rounds down amounts that are payable from or to Locals or Guest(s) to the nearest whole functional base unit in which the currency is denominated.
Some Locals may pledge to donate a portion of the funds they receive from their income generated via the Site, Application and Services to a particular cause or charity. LocalBini does not take any responsibility or liability for whether the Local does in fact make the donation he or she pledged to make. In such cases, the Local in question is responsible for his or her own compliance with all laws and regulations applicable to such pledges and/or fund-raising.
Guests pay for experiences with their credit card. The charge is executed within 24 hours after the end of the experience. The Guest must present an “Experience Ticket” (QR code) to the Local which needs to be scanned for security reasons. Locals are credited their earnings to their LocalBini User Balance 24 hours after the end of the Experience. If the balance is positive, at any time, the Local can request a withdrawal to the personal bank account, which has to be provided on the LocalBini platform. The bank account has to be located in the Single Euro Payments Area. The earnings are paid in the same currency as the listing’s denominated currency. The Local can request withdraw at any point during the month. All withdrawal requests are executed on the 7th of each month. To receive earnings by the 7th, the Local has to request withdrawal by the last day of each month the latest or activate automatic withdrawal.
LocalBini with its LocalBini marketplace is purely a technical counterparty that allows the Guest to request an experience from a Local.
The Local has the sole power of control to accept or reject the booking request from the Guest. If the Local accepts the request of the Guest, a contract is established exclusively between the Locals and the Guest.
In order to give Locals a chance to get organized, the LocalBini platform provides organization tools such as a digital timetable to set availability on the platform. This tool is available but there is no obligation to use it.
LocalBini is not an employer, work agent nor indirect employer. Locals can use the platform any time and are not bound to any work-restrictions from LocalBini.
LocalBini is charging its fee to provide the platform interface and to act as a payment collection agent for the limited purpose of accepting payments from the platform’s Guests on behalf of the Locals. This allows the Locals to accept paperless payments.
LocalBini marketplace can decide which Locals it accepts on the marketplace, but LocalBini has no influence on the content of the experience, as it is purely a technical counterparty and is not part of any transaction between the Guest and the Local.
From time to time, LocalBini can make reviews of experiences and also ask for verification from Locals.
We do not endorse any User or any Experience. The User understands that Images are intended only to indicate a photographic representation of the tour at the time the photograph was taken. Verified Images are therefore not an endorsement by LocalBini of any User or any Experience. Users are required by these Terms to provide accurate information, and although LocalBini may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Users, LocalBini does not make any representations about, confirm, or endorse any User or Users’ purported identity or background.
LocalBini’s vision is to bring people together via shared experiences; hence the platform needs to reflect standards. By using this marketplace, you agree to:
If you use LocalBini platform and LocalBini’s websites, such as the BiniBlog, in a way that LocalBini thinks may be inappropriate, offensive or otherwise violates these terms, LocalBini may suspend your use of the platform and LocalBini’s websites such as BiniBlog, and may take appropriate legal action against you.
We are not liable for false information provided by any User, nor are we liable for any legal, tax or administrative issues arising on any User’s side.
You agree that to the maximum extent permitted by law, the entire risk arising out of your access and usage of the LocalBini marketplace remains with you.
To the fullest extent permitted by applicable law, LocalBini will not be liable for any incidental, special, exemplary or consequential damages or injury, including lost profits, loss of data, or loss of goodwill, service interruption, computer or mobile device damage or system failure or the cost of substitute products or services, or any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the LocalBini platform, the User’s use of the Experiences or posting of Experience listings, any communication, interactions or meetings with other Users of the Localbini platform, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Localbini has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
For the avoidance of doubt, LocalBini acts purely as a technical counterparty between a Guest and a Local, and is under no circumstances liable for any occurrence or incidents that happen between or with the Guest and the Local before, during or after the Experience takes place.
We understand that certain circumstances can lead to bookings that need to be cancelled by Users. By using LocalBini’s platform and services, Users agree to the cancellation and refund policy.
Users agree to use LocalBini platform and LocalBini’s websites such as BiniBlog at their sole risk. It is provided “as is” without any warranty of any kind. The Users are exclusively responsible for all communication and interactions on the LocalBini experience marketplace.
LocalBini does not make any attempt to verify statements of Users and has no obligation to review and experience listings.
LocalBini does not make any representations or warranties as to the conduct of User or quality and safety of experiences available on the marketplace.
Notwithstanding LocalBini’s appointment as the collection agent of the Local for the limited purpose of accepting payment from Guests on behalf of Local’s, LocalBini explicitly disclaims all liability for any act or omission of any User or related to any experience listing.
Users acknowledge and agree that, to the maximum extent permitted by law, Users assume the entire risk arising from the access and the use of LocalBini platform, the User’s participation in experiences via the LocalBini platform, and any contact among counterparties whether in person or online.
LocalBini is not involved in creating, producing or delivering experience listings, and will not be liable for any damages arising out of and in connection with LocalBini platform or the User’s participation in any experience, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory.
BiniBlog is an additional website to the LocalBini marketplace that provides inspirational content for Users. LocalBini does not guarantee that the information provided on the BiniBlog is to date and correct, also no representations or warranties of any kind, expressed or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the BiniBlog or the information, products, services, or related graphics contained on the BiniBlog for any purpose.
Any reliance the User’s places on such information is therefore strictly at the User’s own risk.
In no event is LocalBini liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this BiniBlog. LocalBini strongly recommends having a backup of photos and written content prior to uploading it onto the BiniBlog. Material or comments may be moderated or removed for foul language and commercialized promotional posts. Links to adult content, pages with links to adult content, counterfeit documents or material describing anything against internationally accepted laws will be removed as soon as appropriate.
Fictitious names of companies, products, people, characters, and/or data mentioned on the BiniBlog are not intended to represent any real individual, company, product, or event.
The User agrees to release, defend, indemnify, and hold LocalBini 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 the User’s access to or use of LocalBini experience marketplaces, User’s violation of these terms, or User’s listing or booking of any experience.
The LocalBini marketplace and LocalBini’s websites such as the BiniBlog may contain hyperlinks to websites operated by parties other than the LocalBini marketplace. Such hyperlinks are provided for your reference only.
We have no control over such websites and therefore we are not responsible for their contents or the privacy or other practices of such websites.
Further, you must at all time take precautions to ensure that whatever links you select or software you download (whether from LocalBini Website or other websites) is free of items such as viruses, worms, Trojan horses, defects and other items of a destructive nature.
LocalBini’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
You also guarantee to hold the right to post any content (photograph, text, etc), in any form on the LocalBini platform and its websites such as the BiniBlog. In case you are not the copyright holder of the content (photograph, text, etc), you must ensure that it is content in the public domain, or that you have permission to use the content.
LocalBini can update these terms at any time without prior notice. If these terms are modified, an email will be circulated to all Users registered on the LocalBini platform or you will have the chance to accept the new terms the next time you login. By continuing to access or use LocalBini after LocalBini has posted a modification or after accepting the new terms, you are indicating that they agree to be bound by the updated terms. If the modified terms are not acceptable to you, you have to stop using LocalBini and you can request a deletion of your data.
If any part of this Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in these Terms shall continue in effect.
The descriptive headings of the sections and subsections of this agreement are for convenience only, and do not affect this agreement’s construction or interpretation.
All these Terms are governed by the laws of St. Gallen, Switzerland. You hereby consent to the exclusive jurisdiction and venue of courts in St. Gallen, Switzerland and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of LocalBini marketplace and its websites, such as the BiniBlog. The User agrees that all claims against LocalBini or arising from or relating to LocalBini marketplace must be heard and resolved in a court of competent subject matter jurisdiction located in St. Gallen, Switzerland.
The use of the LocalBini marketplace and its websites, such as the BiniBlog, is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, to this paragraph.
For all inquiries regarding the terms set above, you may reach us during office hours at our Head Office in St. Gallen, Switzerland. (Mon-Fri 9am - 6pm GMT+2) under following email address: [email protected].