This document lays out the rules and responsibilities for you, as a Withlocals host or guest, who wants to host or book experiences through Withlocals. It covers things like payments, cancellations, and what happens if something goes wrong. The goal is to make sure everyone knows what's expected of them.
Effective Date: 16 October 2024.
By accessing or using the Withlocals website and services—whether as a visitor, guest, or host—you agree to these Terms & Conditions in full. This agreement signifies that you understand, accept, and comply with all terms outlined here.
Both hosts and guests must adhere to the Withlocals Code of Conduct, which forms an integral part of these Terms & Conditions.
In these Terms & Conditions, the following terms are defined as:
Withlocals BV is a private company registered in the Netherlands, with its offices located at Ten Hagestraat 4, 5611 EG Eindhoven, The Netherlands. The company is registered with the Chamber of Commerce in Eindhoven under registration number 58173382.
Withlocals provides services to hosts and, as such, considers the host to be the legal customer in our transactions. We will issue an invoice directly to the host, which will include our company details, any applicable taxes, and a summary of the services provided by the host to the guest. As a host, it is your responsibility to provide the guest with any required documentation or invoice in accordance with applicable tax laws.
It is solely the host’s responsibility to determine which taxes are applicable to their activities and to comply with local tax regulations. This may include, but is not limited to, value-added taxes (VAT), sales taxes, surcharges, or personal/corporate income taxes on reservations made through our platform. Hosts must ensure that all taxes are paid in a timely manner and in full compliance with the relevant laws. By using Withlocals, hosts agree to fulfill these tax obligations.
All content on the Withlocals website, including but not limited to text, graphics, data, formatting, designs, HTML code, photographs, music, videos, software, and other materials (collectively referred to as "Proprietary Material"), is owned by Withlocals or used with the permission of the respective owner. This Proprietary Material is protected across all forms, media, and technologies.
Users are prohibited from copying, downloading, reproducing, modifying, redesigning, reconfiguring, or retransmitting any of the content on this website without the prior written consent of Withlocals.
While Withlocals makes every effort to verify the quality of the experiences provided by our hosts, we cannot guarantee that all experiences will be flawless, nor can we ensure that the content on our website is entirely free of errors. In the case of any misleading information or misconduct related to experiences hosted through our platform, Withlocals may, at its sole discretion, offer a refund or partial refund to the traveler and charge the corresponding amount to the host. However, no action taken by Withlocals should be interpreted as accepting liability beyond what is expressly mentioned here.
The information we provide on the platform is based on details submitted by our hosts. While we apply reasonable skill and care in delivering our services and verifying hosts, we cannot guarantee that all information is accurate, complete, or free from errors. Hosts remain fully responsible for the accuracy, completeness, and correctness of the descriptive information displayed on the Withlocals platform.
We encourage guests to exercise their own judgment when using services provided by hosts. Furthermore, all information, including but not limited to content and data provided on the platform, is offered on an "AS IS" and "AS AVAILABLE" basis, without any warranties, express or implied. This includes, but is not limited to, implied warranties of title, non-infringement, merchantability, fitness for a particular purpose, or suitability for specific use.
Withlocals does not guarantee that the website or services will be uninterrupted or free of errors. We reserve the right to correct, modify, amend, enhance, improve, or make any other changes to the website and services at any time, and may also discontinue the display or provision of any content or features without prior notice to users.
We strive to ensure that all the information we provide is accurate, but as human errors can occur, we cannot guarantee complete accuracy. Accordingly, we disclaim all warranties and conditions related to the use of our website and services, including but not limited to the availability, reliability, or quality of the website, services, and events offered through our platform. This includes the nature and quality of the experiences hosted. Withlocals is not responsible for any errors, faults, or inaccuracies in the content or information provided by users, whether hosts or guests. Furthermore, we do not endorse any entity, product, or service mentioned in user-generated content available on our platform.
Withlocals’ responsibility is limited to facilitating access to our website, application, and services. Participation in any event hosted by our hosts is entirely at your own risk. Withlocals' liability for any damages is limited to the amount paid by the guest for the booking. Beyond this, Withlocals shall not be liable for any indirect, special, incidental, or consequential damages of any kind, whether arising from negligence or any other legal theory, resulting from or related to participation in any event hosted by our hosts.
This limitation of liability extends to, but is not limited to, any damages resulting from: (i) the sharing of private or sensitive information by the host with unauthorized third parties through phishing or other fraudulent means; (ii) any actions taken by the host based on fraudulent communications received through the Withlocals platform.
Withlocals is committed to assisting you with any issues or complaints you may have. If you encounter a problem related to the platform, app, or services, please contact Withlocals promptly to seek resolution. For complaints related to an experience, you agree to notify Withlocals within 24 hours of the issue arising and to cooperate in good faith to resolve the matter. You also agree to provide any information or take any actions reasonably requested by Withlocals to address the issue.
For any claims or complaints related to the event that exceed the amount paid, Withlocals will mediate between the guest and the host to help find a reasonable solution.
Any claim or complaint against Withlocals regarding our services must be submitted within 14 days of the event. Claims or complaints submitted after this period may be rejected, and the claimant will forfeit the right to any compensation for damages or costs.
To the extent permitted by law, these Terms & Conditions, and the provision of our services, are governed by and construed in accordance with Dutch law. Any disputes arising from these Terms & Conditions or our services will be exclusively submitted to the competent court in Rotterdam, The Netherlands.
These terms govern the relationship between Withlocals BV and you, the host, when using our platform. By registering as a host, you agree to comply with all these terms and the Withlocals Host Code of Conduct.
All transactions with Guests must occur within the platform. Contacting Guests outside of Withlocals to circumvent the platform for payments will lead to immediate termination and cancellation of future bookings.
Payments are processed through the Withlocals platform. Hosts will be paid the full amount, minus the platform’s fee, after the experience is completed satisfactorily. Withlocals acts as a commercial agent on behalf of the host to facilitate payments. By accepting these Terms & Conditions, the host agrees that Withlocals is authorized to negotiate or conclude the sale of their services on their behalf.
Hosts are responsible for complying with all local tax laws and paying any relevant taxes associated with the services they provide. Withlocals will issue invoices to hosts for services rendered.
Hosts must adhere to the Withlocals Code of Conduct, which includes professionalism, respect, and safety standards. Any violations of the Code of Conduct will result in suspension or termination of your account.
Withlocals operates as a marketplace that connects independent hosts with guests seeking unique local experiences. As such, Withlocals does not provide the experiences directly but facilitates the transaction between the host and guest. Hosts act as independent service providers and are responsible for the execution and quality of the experiences they offer. Withlocals charges a service fee on each booking, which is deducted from the total payment received from the guest. This fee is determined solely by Withlocals and is not negotiable. Hosts are prohibited from disclosing or publicly discussing this fee to guests. The service fee covers platform maintenance, marketing, and support services provided to both hosts and guests. By using Withlocals, hosts agree to respect and comply with this policy.
Hosts must ensure the quality of experiences by being prepared and responsive. Safety of the guests is paramount, and hosts must act responsibly, avoiding unsafe situations.
Host performance will be assessed periodically, relative to the median performance across the host community. We expect hosts to maintain competitive standards in areas such as response times, cancellation rates, and review scores compared to their peers.
Withlocals retains ownership of all proprietary content on the platform. Hosts grant Withlocals a license to use any materials (e.g., images, videos) they provide to promote the platform and their experiences via the website, online and offline marketing.
Withlocals reserves the right to suspend or terminate any host account for breaches of these terms and conditions without liability. This includes cancellation of confirmed bookings.