Terms of Use Agreement for Travelers

1. Parties

This Local & Traveler Mobile Application Terms of Use Agreement (hereinafter referred to as the "Terms of Use") applies to members registered under the "Traveler" category of the Local & Traveler mobile application and is entered into with Local & Traveler OÜ (hereinafter referred to as "L&T"), the developer and owner of the Local & Traveler mobile application, having its registered office at Ahtri tn 12, Kesklinna linnaosa, Tallinn, Harju maakond, 15551, Estonia.

L&T and the Traveler shall each be referred to individually as a “Party” and collectively as the “Parties.”

2. Definitions

L&T refers to Local & Traveler OÜ acting as an electronic commerce intermediary service provider.

Local & Traveler Mobile App Application and Website (hereinafter referred to as “Local&Traveler” or the “Mobile Application”) refers to the mobile application developed and owned by L&T acting as an intermediary service provider.

Local refers to an independent natural person who has the status of an electronic commerce service provider, who registers on the Local&Traveler application and, for various reasons, transfers their experience to Travelers at their location, shares their knowledge and experience, and socially accompanies Travelers.

Traveler refers to a natural person who visits a place for any reason and requests to benefit from the experiences of the Local and to be accompanied by the Local.

Member refers to any person registered with Local&Traveler.

L&T Services refer to the electronic commerce intermediary services provided by L&T to enable the Local and the Traveler to come together electronically so that the Local can provide services to the Traveler.

Service refers to any service provided by the Local to the Traveler and agreed upon by the Parties within the scope of their requests.

Service Fee refers to the fee requested by the Local from the Traveler for the services to be provided.

Commission Fee refers the fee determined exclusively by L&T, to which L&T is entitled in its capacity as an intermediary service provider, calculated on the basis of the service fee offered by the Local and accepted by the Traveler for services agreed upon between the Local and the Traveler.

3. Services Provided by L&T

a. L&T ensures that the service information created by the Local and the Traveler is displayed on the Local&Traveler mobile application in accordance with the content notified to it and within the framework of these Terms of Use.

b. L&T provides services limited to the allocation of a profile area to the Traveler on the mobile application, the infrastructure for creating and publishing service listings, the establishment of means enabling communication between the Local and the Traveler, the possibility of creating reservations between the Local and the Traveler, the establishment of a rating/evaluation infrastructure after the service, and the provision of technical support and an internal communication system.

c. L&T is only an online platform and is not the owner or provider of the services listed on the mobile application. In accordance with the legislation, L&T is an electronic commerce intermediary service provider and is not obliged to control the content provided by real and legal persons using the electronic environment, to investigate whether there is any unlawful activity or situation regarding such content or the goods or services subject to such content, or to intervene in the content, quality, or method of the service.

ç. The mobile application facilitates bringing the Traveler and the Local together, enabling experience sharing, cultural interaction, companionship in organized reservations, and thus establishing a relationship based on trust and sincerity between the Parties.

4. Terms of Use

a. By selecting the checkbox stating "I have read, understood and agree to the Terms of Use", the Traveler fully accepts these Terms of Use. Acceptance of the Terms of Use is a prerequisite for accessing the Mobile Application and the services provided by L&T. Partial acceptance of these Terms of Use shall not be permitted.

b. Registration with the Mobile Application is free of charge. The provisions regarding the application usage fees payable to L&T remain reserved.

c. Individuals under the age of eighteen (18), persons lacking legal capacity, or persons with limited legal capacity may not register as members of the Mobile Application.

d. The Traveler is responsible for maintaining the confidentiality and security of his/her username, password, and other account credentials. Any activity carried out through the Traveler's account shall be deemed to have been performed by the Traveler. The Traveler shall be solely liable for any unauthorized use resulting from the disclosure of account credentials and shall indemnify L&T against any claims, losses, or damages arising therefrom. The Traveler shall not access or use the data of other members without authorization.

e. The Traveler shall not use robots, bots, automated access methods, malicious software, viruses, or any technology that may interfere with the operation of the Mobile Application or the rights of other members. The Traveler shall not use the Mobile Application for any unlawful, fraudulent, or unauthorized purpose or to create or maintain databases, directories, or similar records on behalf of any person or entity.

f. While L&T implements reasonable technical measures to protect the Mobile Application against viruses and other harmful software, it does not warrant that the Mobile Application will be free from such threats. The Traveler is responsible for maintaining appropriate security measures and acknowledges that L&T shall not be liable for any damage, malfunction, or data loss affecting the Traveler's own devices or software.

g. The Traveler shall provide accurate and up-to-date profile information and shall not create misleading profiles, provide false information, engage in unlawful activities, infringe the rights of others, or violate L&T's policies relating to privacy, personal data protection, or the use of the Mobile Application.

h. Without limitation, the Traveler shall not upload, publish, or transmit any content that is unlawful, defamatory, abusive, discriminatory, misleading, fraudulent, obscene, threatening, infringes intellectual property rights, violates consumer protection laws, promotes illegal activities, exploits minors, distributes spam, malware, or pirated content, or otherwise violates applicable law or the rights of third parties. Any opinions, comments, or content shared by members are solely those of the respective member and shall not be attributed to L&T. L&T shall not be liable for such content and reserves the right to seek recourse against the responsible member for any loss or damage incurred.

i. The Traveler may not assign or transfer, in whole or in part, any of his/her rights or obligations under these Terms of Use to any third party. Except in the case of group bookings or organized reservations, the Traveler may only make reservations on his/her own behalf using accurate and up-to-date information. Except for the services provided directly by L&T through the Mobile Application, any contract relating to goods or services booked through the Mobile Application is concluded solely between the Traveler and the relevant Local. L&T is not a party to such contract and assumes no responsibility for the performance, quality, legality, invoicing, tax obligations, required permits, or after-sales services relating to the goods or services offered by the Local. The Traveler agrees that any claim arising from such services shall be directed exclusively against the relevant Local. The Local acts as an independent service provider and is neither an employee nor a legal representative of L&T.

j. The Traveler undertakes to comply with all applicable laws while using the services, to refrain from any conduct that may endanger the safety or security of the Local, other Travelers, or third parties, and to communicate with other members respectfully. The Traveler shall be solely responsible for his/her own acts and omissions in connection with the services received.

k. The Traveler freely selects the Local from whom he/she wishes to receive services. The Traveler may request information from the Local regarding any licenses, permits, qualifications, or other authorizations that may be required under applicable law or by the nature of the services. The Traveler is responsible for exercising reasonable care when selecting a Local. L&T has no obligation to verify the existence, validity, or accuracy of any licenses, permits, qualifications, or other documents held by the Local. The Local remains solely responsible for providing services lawfully and in compliance with applicable legislation. The Traveler acknowledges that L&T shall not be liable for any loss or damage resulting from the Traveler's own negligence or from the services provided by the Local.

l. Any civil, administrative, criminal, contractual, or other liability arising from the failure of the Traveler or any other member to comply with these Terms of Use shall be borne solely by the Traveler or the relevant member, even where such liability is not expressly provided for in these Terms of Use.

m. The Traveler acknowledges that the software enabling access to and use of the Mobile Application may not be error-free and that L&T makes no representation or warranty, whether express or implied, regarding its uninterrupted operation, availability, reliability, security, or error-free performance.

n. In accordance with the European Union's Digital Services Act (DSA), L&T provides an easily accessible electronic notice mechanism for reporting illegal content available on the Mobile Application. Upon receipt of a sufficiently substantiated notice, L&T shall review the matter without undue delay and take appropriate measures where required under applicable law. Where the Traveler breaches these Terms of Use, engages in unlawful conduct, becomes the subject of repeated complaints, or where immediate action is required due to fraud, personal data breaches, cybersecurity risks, public order, or other circumstances provided for under applicable law, L&T may restrict the provision of its intermediary services, suspend the Traveler's account, or permanently terminate the account. Users whose accounts have been suspended or whose content has been removed shall have the right to submit a complaint through L&T's internal complaint-handling system free of charge for at least six (6) months following the relevant decision.

5. Profile Information

a. The Traveler is obliged to enter the information requested by L&T into the mobile application accurately and up-to-date for the purpose of completing the membership process and fulfilling obligations arising from the legislation.

b. Following the completion of mandatory information on the mobile application, the Traveler may complete their profile information as they wish, provided that it is accurate and up-to-date. In order to establish trust with other members, the Traveler may verify their profile by submitting identity verification documents and obtain a verified profile account. Such practices may facilitate the Traveler’s access to the Local or other members during the service request process.

6. Reservation Process

a. Following completion of the membership process, the Traveler may create a reservation through the mobile application depending on the availability of the Local deemed appropriate by the Traveler. The Traveler may submit requests to and receive offers from a Local of their choosing. The Traveler shall be entirely free in selecting the Local. Where an agreement is reached between the Traveler and the Local regarding the requested service content, the Traveler shall make payment of the service fee requested by the Local through the mobile application and via intermediary payment institutions contracted by L&T. The Traveler agrees and undertakes to make such payment in compliance with applicable laws. L&T may temporarily suspend the relevant members’ ability to make payments through the online payment method, restrict additional features offered for online payments, or completely discontinue such services due to transactions giving rise to security concerns. L&T shall bear no liability towards members or third parties arising from the temporary suspension or complete discontinuation of the mobile application or the online payment method.

b. Following completion of the payment, the Local and the Traveler may communicate with each other and mutually share all requests and expectations.

c. Following the provision of the service, the Traveler may rate the Local through the mobile application and provide feedback regarding the service.

7. Service Fee and Commission Fee

a. The service fee shall be freely determined by mutual agreement between the Local and the Traveler. However, L&T may provide recommendations within certain price ranges corresponding to the relevant service in order to improve the usability of the mobile application. The Local and the Traveler are free to agree on a service fee below or above such recommendations. L&T’s recommendations shall not be binding and shall not be interpreted against the members.

b. The Traveler and the Local agree and undertake not to engage in any acts or transactions against L&T for the purpose of reducing or eliminating the commission fee to which L&T is entitled. If it is determined by L&T that the parties have reached an agreement without notifying L&T and submitted an offer in order to avoid paying the intermediary service fee, L&T shall be entitled to the commission fee for the service provided.

c. The Traveler shall make payments through intermediary payment institutions cooperating with L&T via the mobile application. L&T does not directly carry out collection transactions. The relationship between the payment institution and the Local and the Traveler is independent from L&T, and the fulfilment of obligations and responsibilities stipulated under the applicable legislation belongs to the relevant payment institution.

ç. The service fee payment to the Local shall be made after deduction of the commission fee to which L&T is entitled from the service fee paid by the Traveler.

d. The Local shall be exclusively responsible for all tax-related obligations arising from the service fee. The Local shall also be responsible for issuing invoices, receipts, and fulfilling any similar obligations relating to the service fee. L&T reserves the right to notify or report to the competent authorities and institutions in the event that it detects a suspicious transaction regarding the transfer of funds between the parties.

8. Cancellation and Refund

a. Payments made through the online payment method may be refunded to the Traveler under the following conditions:

• a.a. In the event of any cancellation made by the Local prior to the performance of the service, the fee paid by the Traveler shall be refunded in full.
• a.b. In the event of any cancellation made by the Traveler up to 48 hours before the performance of the service, the fee paid by the Traveler shall be refunded in full. If the cancellation is made by the Traveler between 24 and 48 hours before the performance of the service, 50% of the fee paid by the Traveler shall be refunded. No refund shall be made for any cancellation carried out by the Traveler less than 24 hours before the performance of the service.
• a.c. If the services undertaken by the Local are not provided despite no cancellation having occurred, the fee paid by the Traveler shall be refunded.
• a.d. Any refund shall be processed within fourteen (14) days and credited to the credit card or debit card used by the Traveler to make the original payment.

9. Mobile Application Ranking and Recommendation Parameters

a. L&T shall refrain from any acts or conduct that may actively lead to manipulation while ranking members and carrying out visibility functions within the mobile application. L&T shall rank members within the mobile application based on objective criteria by taking into account factors such as the ratings members receive from one another, information regarding Travelers’ experiences, whether the service fees requested by Locals are relatively high or low, whether the Local or the Traveler has withdrawn from the performance of the service, the frequency with which Locals provide services, the frequency with which Travelers receive services, members’ active use of the mobile application, comments made by Travelers, whether members have fully completed their profile information, whether members have verified profiles, behavioural analysis activities, trust score assessments carried out within the scope of automated decision-making processes, and the vehicles owned by Locals for the provision of services.

10. Intellectual and Industrial Property Rights

a. All intellectual property rights relating to the L&T name, trademarks, logos, the Mobile Application, its design, software, domain name, and all related content are owned by or licensed to L&T. Members may not use, reproduce, modify, distribute, or otherwise exploit such intellectual property without the prior written consent of L&T.

b. All intellectual property rights in the Mobile Application, including its source code, object code, software, databases, systems, and any updates or derivative versions, are owned by or licensed to L&T. Except as expressly permitted by these Terms of Use or applicable law, Members may not copy, reproduce, modify, adapt, translate, reverse engineer, decompile, disassemble, distribute, publish, publicly display, transmit, or otherwise exploit any part of the Mobile Application without L&T's prior written consent.

c. If a Member infringes the intellectual property rights of L&T or any third party, including other Members, the infringing Member shall be solely responsible for such infringement and shall indemnify L&T against any loss, damage, liability, or expense arising therefrom.

d. Any opinions, reviews, recommendations, comments, photographs, videos, images, or other content published through the Mobile Application remain the responsibility of the Member who submitted them. L&T does not guarantee the accuracy, completeness, reliability, or usefulness of such content and assumes no responsibility for it. Members represent and warrant that the content they upload does not infringe the personal, intellectual property, or industrial property rights of any third party and agree to indemnify L&T for any loss or damage arising from a breach of this obligation.

e. If L&T determines that any content violates these Terms of Use or applicable law, it may remove such content without prior notice and may restrict, suspend, or terminate the relevant Member's access to the Mobile Application. Where required or permitted by applicable law, L&T may also report the relevant content or conduct to the competent public authorities.

11. Processing of Personal Data and Access to Data

a. L&T may process the personal data of members for the purpose of providing mobile application services. In this context, L&T is also obliged to retain all information relating to members available on the mobile application, including but not limited to reservation data, service data, and similar information, for the periods prescribed under applicable legislation. L&T fulfills its obligations regarding the processing of personal data in full compliance with the General Data Protection Regulation (“GDPR”) and applicable local data protection laws. The privacy notice, as well as policies and procedures regarding the processing of personal data, are made available to members through the application.

b. The Traveler acknowledges and undertakes that it acts as an independent data controller with respect to Local data; that it shall process any personal data obtained through the use of the mobile application solely for the purpose of the performance of the service; that it shall not process such personal data unlawfully or transfer it to third parties; that it shall take all necessary administrative and technical measures to ensure the security of personal data; and that it shall fulfill all obligations set forth under the General Data Protection Regulation (“GDPR”) and applicable local data protection laws.

c. The Traveler undertakes that, in the event of processing personal data through audio or video recording during the service, it shall not act in violation of the privacy of third parties, shall inform such persons and obtain their consent, and shall act in compliance with applicable law. The Traveler accepts and declares that any liability arising from non-compliance with these obligations shall rest exclusively with the Traveler.

ç. The Traveler may access their own information on their profile page. For the purpose of ensuring data security, the Traveler may access the Local’s information for a period of 7 days following the receipt of the service. After this period, the Traveler’s access to the Local’s data shall be revoked.

12. Communication and Notifications

a. L&T establishes an internal communication system via its e-mail addresses or communication channels within the mobile application in order to communicate with the Traveler. All communications between the Parties shall be carried out through these channels.

b. All notifications, contract amendments, changes to the Terms of Use, and correspondence between the Parties shall be conducted through the internal communication system.

13. Limitation of Liability

a. As repeatedly stated in these Terms of Use, L&T is solely an online intermediary platform and is not the owner or provider of the services available on the mobile application. In accordance with applicable legislation, L&T acts as an electronic commerce intermediary service provider. Services provided by the Local are rendered solely and exclusively by the Local, and L&T bears no responsibility in this regard.

b. The services offered through this platform do not constitute professional tourist guide services. Locals are individuals who share their personal experiences. In cases where services are provided in a professional or commercial capacity, L&T shall take measures to the extent permitted by applicable legislation.

c. The mobile application is a platform established for the purpose of sharing experiences and enabling members to post listings. Unless identity verification is requested by the parties, L&T does not guarantee the accuracy of identities or licenses.

ç. L&T shall not be liable, except for mandatory liabilities arising from applicable law, for any direct or indirect damages arising from access to or use of the mobile application, the content or data therein, or any programs, including but not limited to breaches of the service relationship between the Local and the Traveler, or the safety, content, quality, or legality of the services. L&T shall not accept any liability for interruption of transactions, errors, omissions, or interruptions resulting from breaches, tort, negligence, or other causes. By accessing or using the mobile application, it is accepted that L&T is released from any and all liability, including court costs and other claims. L&T shall in no way be held responsible for the actions of members.

d. In the event that L&T becomes aware that content provided by members is unlawful, it shall remove such content from publication without delay, not exceeding forty-eight hours, and notify the relevant member and competent authorities, stating the reasons.

14. Force Majeure

a. Any extraordinary circumstances beyond the control of L&T and the members, which could not have been foreseen or prevented and which directly affect the performance of contractual obligations, including but not limited to fire, riots, floods, strikes, epidemics, curfews, war, civil unrest, and similar events, shall be deemed force majeure events.

b. If either Party is unable or will be unable to perform any of its obligations due to force majeure, it shall not be held liable for such obligations. The Parties shall fulfill their obligations upon the cessation of the force majeure event. If the force majeure event continues for more than 30 days, the Parties may terminate the Agreement.

c. In cases where the service to be provided by the Local to the Traveler cannot be performed due to force majeure, the provisions of Article 8 shall apply.

15. Amendments to the Agreement

a. L&T reserves the right to unilaterally amend or modify these Terms of Use at any time for the purpose of ensuring continuity of its services, adapting to technical requirements, or complying with legislation. In the event of any changes, L&T shall publish the updated Terms through the internal communication system with a revised date and may notify users via e-mail or mobile notification. The updated Terms shall enter into force 15 days after notification and continued use of the mobile application shall be subject to the updated Terms.

16. Dispute Resolution

a. In the event of any dispute arising out of or in connection with these Terms of Use, the Parties agree to first attempt to resolve the dispute amicably and in good faith through L&T's internal communication channels.

b. If the dispute cannot be resolved amicably, these Terms of Use shall be governed by and construed in accordance with the substantive laws of the Republic of Estonia.

c. Notwithstanding Section (b) above, Travelers who qualify as Consumers under the laws of the European Union and who reside in a Member State of the European Union (EU) or the European Economic Area (EEA) shall retain all mandatory consumer protection rights available under applicable law. In particular:

• such Travelers may bring claims against L&T either before the competent courts of Estonia or the courts of the EU/EEA Member State in which they are habitually resident;
• L&T may bring legal proceedings against a Consumer only before the courts of the Consumer's country of habitual residence; and
• the application of Estonian law shall not deprive Consumers of the protection afforded by the mandatory provisions of the laws of their country of habitual residence.

d. In any dispute arising out of or relating to these Terms of Use, L&T's records, including electronic records such as computer logs and audio recordings, may be submitted as evidence to the extent permitted by applicable law.

17. Termination and Duration

a. In the event that the Member violates any provision of these Terms of Use or if L&T has reasonable suspicion thereof, L&T may unilaterally terminate the membership and the Terms of Use Agreement.

b. In addition to the above, L&T reserves the right to unilaterally terminate the Terms of Use Agreement if 5 years have elapsed since the Member’s last transaction date.

c. The Member has the right to terminate the Terms of Use Agreement and cancel their membership at any time by notifying L&T.

18. Entry into Force

a. These Terms of Use shall enter into force upon the Traveler's acceptance by electronic means. By accepting these Terms of Use, the Traveler acknowledges that he/she has read, understood, and agreed to be bound by all of their provisions. Although these Terms of Use may be made available in different languages, the English version shall prevail in the event of any inconsistency or discrepancy.