These regulations ("Terms and Conditions") set forth the rules for providing services on the www.staylokal.co website.
Before starting to use the Service, the User is obliged to become familiar with the provisions of these Terms and Conditions. Using the Services that do not require registration is equivalent to full acceptance of the Terms and Conditions. For Services that require registration, registration on the Website is equivalent to full acceptance of the Terms and Conditions.
The Operator shall make the Terms and Conditions available to Users free of charge in the computerised system and in a manner that allows it to be downloaded, recorded, and printed.
From the moment a User starts using the Services, each User is obligated to comply with these Terms and Conditions.
Operator - SIA Farmhouse with a registered office in Vilandes iela 13 - 7, RIGA, LV-1010, registration number 41503086482.
Service Provider – a natural person running a business, a legal person or an organisational unit without legal personality, to which the law grants legal capacity, that offers its Services through the Website.
Client - a natural person with at least limited legal capacity, a legal person, an organisational unit without legal personality, to which legal capacity is granted by law, which uses the Services provided by the Service Provider through the Website based on these Terms and Conditions.
Users – Service Providers and Clients.
Services – Services provided by the Service Provider via the Website, which offers accommodations or trips.
Reservation – a contract concluded between the Service Provider and the Client for the rental of the Service Provider's property or participation in a trip organised by the Service Provider.
CONDITIONS FOR PROVIDING SERVICES
Users should meet the following technical requirements to use the Service:
The latest version of the web browser Edge, Chrome, Safari, Mozilla Firefox, Opera installed;
valid e-mail address that is provided for sending information concerning the completion of the order.
The Operator provides a technical platform for Service Providers to establish contact with Clients, make Reservations and add their Service offerings via the Website and rate Users.
Operator allows Service Providers to add a Service offering consisting of:
organising a themed trip or activity,
making available to Clients the offer of accommodation in the Service Provider's property.
The Operator shall make every effort to ensure that the information presented on the Website concerning individual Service Providers is as up-to-date as possible; however, the Operator shall not be liable for any false or out-of-date information provided by a Service Provider.
After the Client makes a reservation, a confirmation will be sent to the e-mail address provided by the Client. Successful completion of the reservation is subject to payment of the total amount of the fee indicated by the Service Provider on the Website (prepayment) unless the Service Provider expects payment at a later date (payment on the spot).
The Operator and Service Provider shall not be liable for failure to carry out the order resulting from the provision of incomplete or false data provided by the Client during the reservation process.
The Service Provider agrees not to provide address or payment details to the Client to bypass making a reservation through the Website.
The Service Provider agrees to list prices for its services on the Website identical to or lower than prices available directly or through other channels.
The Service Provider and the Operator under the Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2014, item 827) exclude the possibility of withdrawal from the contract by the Client who is a consumer. According to the provision mentioned above, the right to withdraw from the contract concluded off-premises or at a distance does not apply to the consumer concerning contracts for providing accommodation services.
The Service Provider is responsible to the Clients for the proper performance of the Service.
The Client may pay for the reservation via the Stripe or Kevin. online payment system on the Website at the time of making the reservation or, if the Service Provider has provided for such an option, during the provision of the Service specified in clause 3.3 of these Terms and Conditions.
All prices listed on the Website include VAT.
Content on the Website can be viewed without prior registration.
To use the Website, i.e. to make a reservation by the Client or add a Service by the Service Provider, the User must fill in the registration form available on the Website, create an account and accept the Terms and Conditions.
By submitting the registration form, the User agrees that:
the information provided is complete and correct and does not violate any rights of third parties;
is entitled to agree to the provision of electronic services;
has read the Terms and Conditions and agrees to abide by them.
By registering, the User may give his/her consent to processing his/her personal data for marketing purposes or commercial purposes by the Operator.
The Operator, after receiving a correctly completed registration form, shall create for the User within the Service an individual account with a name chosen by the User. The contract for free provision of services by the Operator consisting in the maintenance of the User's account shall be concluded on the date of creation of the User's account.
The Service Provider may refuse to create an account with a specific name and delete an already created account at any time if it is already used within the Service or if the Service Provider obtains reasonable, credible information that it is contrary to the law, morality, violates the personal interests of third parties or the legitimate interests of the Service Provider.
The User can access his/her account using a unique user ID and password. The User shall not disclose his/her user ID or password to any third party and shall be solely responsible for any damage caused by such disclosure.
To use the Website, it is necessary to provide the following data within the User's account: name and surname, email address, telephone number. If a User would like to receive an invoice, it is necessary to provide the data required for issuing the invoice in the context of the applicable regulations (company registration number, company name or name and surname, company address or residence address).
Within the User account, the User may also voluntarily share his/her profile photo and additional User description. The user description must not contain any illegal content.
As part of the User's account, the User may authorise the release of information about past use of Services provided by Service Providers through the Website. Granting permission to share this information is voluntary. The data will be made available only if the User gives his/her consent to make it available by making an appropriate change in the settings of the User's account.
Based on the information provided on the User's account, a User profile is generated.
The User's profile includes information provided through the User's account, including their name, surname, e-mail address, telephone number, the additional description provided on the account, data necessary to issue an invoice or bill, such as Tax Identification Number, address, company name.
Under the User's profile, information is automatically made available on how many times the User has used the services provided by Service Providers via the Website, and the ratings and reviews the User gave to individual services if such ratings and reviews were issued by the User.
If the User has agreed to share information about the extent to which the User uses the services provided by Service Providers through the website, the Users’ profile will include information about all services the User has used, including, in particular, all locations the User has visited.
The Client's profile is available for viewing by the Operator and by the Service Provider to whom the Client has sent a reservation request. The profile is not available to other Users of the Website.
Service Provider's profile is available for viewing by all Website Users, including non-logged-in Users, who browse the offer of a given Service Provider, but only the following data are available to these Users: first name, surname and photo of the Service Provider. Clients who make reservations for the Services of the Service Provider are also provided with the Service Provider's contact details in the form of a phone number and e-mail address.
DELETION OF USER ACCOUNT
A User who is not a Service Provider may delete his/her account on the Website at any time by contacting the Operator.
If a User deletes his/her account, his/her profile will no longer be accessible to other Users.
To delete the Service Provider's account, the Service Provider should contact the Operator. The Service Provider shall agree with the Operator on the principles of deletion or continued publication of the Service Provider's offers, including mutual accounting issues.
In cases indicated in these Terms and Conditions, the User's account may be deleted by the Operator.
Upon deleting the account, the agreement for the provision of services by the Operator consisting of the maintenance of the User's account shall be terminated.
RIGHTS AND OBLIGATIONS
The Operator is obliged to constantly maintain the Service without interruptions for Users to use it
The Operator further reserves the right to:
temporary suspension of maintenance of the Service due to maintenance or modification of the Service;
sending technical messages related to the functioning of the Website and the Services to the e-mail addresses of the Users;
block access to resources for Users whose account contains erotic or pornographic content, illegal software or information on its obtainment, and other content contrary to the law, morality or the legitimate interests of the Service Provider;
ceasing to provide services and deleting the User's account on the Website in the event of non-compliance with the Terms and Conditions by the User or if an effective provision of the Services is impossible through the fault of the User;
to verify at any time whether the Service Provider has met the requirements for the Operator to charge a reduced amount of commission, or whether, contrary to the Service Provider's assurances, the commission should be charged at the standard amount. If the above violation is found, the Operator shall be entitled to correct the amount of the commission (cancellation of previously granted discounts) for the period during which the Service Provider was not entitled to a discount and to charge the commission at the standard amount (without any discounts) in subsequent periods.
The Operator reserves the right to remove an offer of the Service Provider if it is inconsistent with the policy of the Operator or the provisions of the Terms and Conditions.
It is forbidden for the User to provide unlawful content and to use the Service in a manner contrary to the law, morality and violating personal interests of third parties or the legitimate interests of the Service Provider.
Service Provider does not permit copying, modifying, distributing or using any of the works made available on the Website in any other way except for use in connection with the use of the Website services.
The Operator does not charge Clients for using the Service.
The Operator shall charge the Service Provider fees for using the Website according to the rules stipulated in the price list published at this web address. The Operator shall be entitled to amend the fees and rules applicable to Service Providers outlined in the price list by giving 7 days' notice. The above means that the new price list shall take effect 7 days after its publication at this web address (i.e. 7 days after informing Service Providers electronically about the changes).
The Operator provides the possibility of granting discount codes for use on the Website.
The discount codes granted will entitle Users to a specific discount according to the rules of the particular action for which the discount codes will be given, as posted on the Website.
The User who has been granted the codes agrees not to sell, donate or otherwise distribute the discount code given to another person or any other entity.
The Operator is not responsible for:
any damage caused to third parties as a result of using the Services by Users in a manner contrary to the Terms and Conditions or the law;
information and materials downloaded and sent over the Internet by Users that are directly or indirectly related to the Service;
loss of data by the User caused by external factors (e.g. software failure) or other circumstances beyond the Operator's control (action of third parties);
damages resulting from the lack of continuity of the Service;
Users providing false or incomplete information when registering for an account or using the Services;
other cases of failure by the User to comply with the terms of these Terms and Conditions;
Activities of Service Providers.
The Operator shall not be liable for obligations under the agreement concluded between the Service Provider and the Client, including failure to execute or improper execution of this agreement, including damages caused by them in connection with its implementation.
Users have the right to file complaints about the performance of the Services directly with the Service Provider.
Complaints referred to in point 11.1. of the Terms and Conditions may concern the quality of the Service performed by the Service Provider.
Users have the right to file complaints regarding the operation of the Service directly with the Operator
In the case specified in clause 11.3 of the Terms and Conditions, a complaint should be submitted using the complaint form available on the Website.
The complaint should include, in particular:
the reservation number provided to the User in the e-mail confirming the order
the subject matter of the complaint;
a description of the circumstances justifying the filing of the complaint.
Complaints will be processed within 14 days of receipt of the submission.
PERSONAL DATA AND INTELLECTUAL PROPERTY
In accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), the User consents to the processing by the Operator of the personal data provided in the registration form and the data updated during use of the Website to implement the Service provided by the Website.
By accepting the Terms and Conditions, Users consent to the processing of their personal data.
If the User uses the Services related to making his/her Image available to the public on the Sites, according to Article 81 of the Act on Copyright and Related Rights, the User consents to its free recording, reproduction and distribution by the Service Provider. Service Provider declares that the image will be used for proper implementation of the Services, or will be used to identify the User, or for promotional, advertising and marketing purposes.
The User declares that he/she owns copyrights to all content posted on the Website, constituting works within the meaning of the Act of 4 February 1994 on Copyright and Related Rights (hereinafter: "Works"). The User grants Service Provider a gratuitous, non-exclusive and territorially unlimited license for the duration of services, permitting the use of Works in the following fields of application, including in particular: production, reproduction, public displaying and viewing, uploading to computer memory and computer network servers, posting on the Internet.
By accepting the Terms and Conditions, Service Providers agree that the Operator may use the materials contained in their offers for marketing purposes concerning the Operator. Service Providers agree to use, in particular, pictures, descriptions of Services and video footage of Service Providers, and to this extent, grant the Operator a free, non-exclusive and territorially unlimited license to use these materials under the rules and fields of use specified in clause 12.5.
By accepting the Terms and Conditions, Service Providers agree that the Operator may provide materials from their offers to third parties (e.g. affiliate networks, affiliate partners). To this extent, they grant the Operator a free, non-exclusive and territorially unlimited license to use these materials under the principles and fields of use specified in clause 12.5
Any disputes between Users and the Operator will be settled amicably.
If no agreement is reached within 60 days after a dispute arises, it may be submitted for settlement to a common court of competent jurisdiction for the seat of the Operator. The above limitation of the court's local jurisdiction does not apply to disputes between the Operator and consumers.
The Terms and Conditions enter into force on 01/01/2021.
The Service Provider shall have the right to amend these Terms and Conditions for important reasons, including, in particular, in the event of changes in applicable laws and regulations that are relevant to the rights and obligations of the Operator or the Users specified in the Terms and Conditions, in the event of changes in the nature of the Operator's business, in the event of adding new functionalities to the Website.
Amendments to the Terms and Conditions shall come into force after 14 days from the date of informing the Users via electronic mail about the introduced amendments. The User, who does not agree to the change of Terms and Conditions, may, without any negative consequences, resign from using the Service, including deleting his/her account.
In matters not covered by the Terms and Conditions, the provisions of the Act on Electronic Services, the Act on the Protection of Personal Data, the Civil Code and other mandatory provisions of Latvian law shall apply.