LOCALWALL – TERMS AND CONDITIONS
Please take your time to read these Terms and Conditions carefully before using any of our services. The Terms contained herein will apply to your use of any of our platform or service regardless of how access them.
LocalWall is a trading name of Dispo Group OÜ, which is a limited company registered in Estonia (Company Registration Number: 16092895), whose registered address is at Tallinn, Kesklinna linnaosa, Sakala tn 7-2, 10141 (‘we’, ‘us’ ‘LocalWall’).
THE TERMS CONTAINED HEREIN CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN USERS AND THE TRANSPORT SERVICE PROVIDER WHICH IS ENTERED INTO BY YOU AND BY US ACTING AS AGENT FOR AND ON BEHALF OF THE SERVICE PROVIDER. WE DO NOT PROVIDE SERVICES, AND WE’RE NOT A SERVICE PROVIDER. IT IS UP TO THE SERVICE PROVIDER, AGENT OR OPERATOR TO OFFER SERVICES WHICH MAY BE ARRANGED THROUGH THE USE OF THE SERVICES MADE AVAILABLE TO YOU BY LOCALWALL.
WE WILL NOT BE RESPONSIBLE FOR, AND SHALL HAVE NO LIABILITY IN RESPECT OF, ANY ACTS OR OMISSIONS OF THE SERVICE PROVIDER INCLUDING, WITHOUT LIMITATION, ANY FAILURE OR DELAY TO SUPPLY THE SERVICES OR OTHERWISE AFFECTING THE SERVICE WHICH IS CAUSED BY THE SERVICE PROVIDER. YOUR CONTINUOUS USE OF OUR SERVICE SHALL MEAN AN ACCEPTANCE OF THE TERMS CONTAINED HEREIN IN ITS ENTIRETY.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE OR ACCESS OUR SERVICES OR REGISTER FOR THE SERVICES PROVIDED ON THE SITE. We may modify this term of service at any time by posting the amended terms on the Site. In the event of such amendments, all amended terms shall automatically be effective and binding when initially posted on the Site.
ACCOUNT AND BOOKINGS.
1.1. When you make a Booking, You hereby authorize us to act on your behalf and to make the service available to you through a third party service provider. When we offer the Services on the Website, we are inviting You to make an offer to purchase the Services from the Service Provider. You do not make this offer until You choose to do so by clicking ‘Book Now’ on our ‘Booking Summary’ page.
1.2. Your use of this service will be deemed accepted, once we have (i) received the necessary payment and (ii) emailed your Booking confirmation to You.
1.3. Without prejudice to the provisions of clause 17, your purchase of the Services and the provision of the Services is subject to the corresponding laws of the country and/or state in which the Service takes place.
1.4. To make things easier for you, You may create an account through our platform. You will be required to provide login credentials which will always be used to login. You shall remain the sole authorized user of your account, and as well responsible for keeping your information accurate. You are responsible for the confidentiality of your login information and any activity resulting from the use of your log-in information on the Service.
1.5. You represent and warrant that the information you provide to Us upon use of the Service and at all other times will be true, accurate, current, and complete
1.6. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. You understand that we have no control over the use of your account. We disclaim any liability that may arise in connection with your Log-in information or your account.
1.7. Should you suspect that any unauthorized party may be using your password or account, or You suspect any other breach of security, you agree to immediately notify Us by e-mail to firstname.lastname@example.org
Booking: shall mean a request to use the service of a service provider through any of our platforms.
You: shall also mean User, Visitor, or entity that uses our service or makes a booking through our website.
Services: shall mean the arrangement and supply of services.
Service Provider: shall mean the supplier of the Service for a Booking, details of which shall be supplied to You (and subject to any changes which may be made and notified to You at any time prior to the Service starting date).
3.1. We will use all possible efforts to make sure that the Service Provider allocates the service requested in the Booking to complete the service.
3.2. Upon the receipt of your booking, We will notify the Service Provider with details of the Booking.
3.3. Once we have received confirmation from the Service Provider that your Booking can be fulfilled, we will send a confirmation email and confirmation text message with your Booking details to the email address and phone number given during the booking process and take payment for the Booking.
3.4. We will ensure to send an email containing emergency contact details for the Service Provider to the email address given during the booking, if you haven’t received the Service Providers contact details, when making reservation on our website.
4.1. Although we strive to ensure the accuracy of the information on this Website, neither we nor our affiliates, suppliers or agents can be held responsible by you, the Booker, for the accuracy of such information. The images displayed on our Website are for illustrative purposes only. We advise that you use common sense when using this service and as well relying on the information provided to you through this website.
4.2. You must ensure that you have provided us with full and accurate details of the requirements for your Booking. You warrant that the information provided by you during a Booking are true and accurate to the best of your knowledge. We will not be liable to you for any incorrect information provided by you.
4.3. You warrant that the information provided by you during a Booking are true and accurate to the best of your knowledge. We will not be liable to you for any incorrect information provided by you.
4.4. You must provide us with valid contact information to enable us to contact you if necessary and provide you with information or any assistance regarding your Booking.
4.5. This Service is not for users under the age of 21.
4.6. You are responsible for choosing the appropriate service offer from Supplier. When choosing your offer, you should consider all inclusions, exclusions and information given by the Supplier.
4.7. You are responsible for ensuring that you comply with all provisions of the Terms where necessary or required to enable You to comply with the Terms.
5.1. Your confirmation email should arrive as soon as we accept your booking. Once you receive your confirmation email, please make sure to read through and double-check all the details.
5.2. Make sure you provide enough information for Supplier to make an offer and understand your needs.
5.3. In the event of any change to your booking, you can contact Supplier or Customer Service in order to make any changes to your booking. In case of order cancellation each situation is dealt with individually this is dependent on the Service Provider. You will be notified of the relevant cancellation policy during the booking process.
PRICE AND PAYMENT
6.1. Except where You agree to changes to the Service with the Service Provider all inclusios are specified during the booking process and included in the price quoted on the Website and shown on the Booking. Any additional charges arising out of changes to the Service must be paid by You, as appropriate.
6.2. You expressly understand that You may be charged if changes are made to your Service once the Booking has been confirmed by the Supplier. Such additional charge will be agreed with Service Provider and paid to through our payment system. The Transport Service Provider reserves the entire right to decline any unreasonable requests to amend the Service and neither we nor the Service Provider shall have any liability to You if You make changes to the Service that are not acceptable to the Service Provider.
6.3. We will pre-authorize (put a temporary hold on the full amount chargeable for your Booking, but no funds will be debited from your account at that time) when we receive your Booking.
6.4. We will take payment in full once we have confirmed your Booking with the Service Provider.
8.1. If you have any special requests relating to the Booking or require additional services, you are required to notify the Office at the time of Booking. However, we do not guarantee any special request or additional service.
8.2. Any additional charges incurred because of any special requests or requirements for additional service will be notified to you by the Office and will be payable through our payment system.
9.1. If you wish to make any change to the service:
9.1.1. If you wish to make any change the you shall be required to contact Customer Support or Supplier directly.
9.2. If We need to make changes:
9.2.1.Occasionally it may be necessary for changes to be made to the Booking (after acceptance). In such cases, we will use our reasonable efforts to notify you as soon as possible, if the proposed changes are unacceptable, You may cancel the Booking without incurring any cancellation fee although You shall not be entitled to cancel the Booking if the only change relates to the identity of the Service Provider (which we are entitled to do at any time prior to the Service). In any case we shall have no liability in respect of any direct or indirect losses You may suffer as a result of such changes or cancellation.
10.1. If You’re not satisfied with the Booking or the Service in any way or You wish to make a complaint, You should report this to the LocalWall Office as soon as possible.
10.2. We know that on occasion, You may feel that your complaint has not been resolved to your full satisfaction, so if You are not happy about the way in which we have handled your complaint, You may refer your complaint to an independent Alternative Dispute Resolution (ADR) provider. As we aim to resolve all of our disputes internally, we are not obliged to submit to an ADR procedure operated by any independent ADR provider.
10.3. You may use the European Commission’s online platform to resolve your dispute, which can be found at http://ec.europa.eu/consumers/odr/.
LIMITATION OF LIABILITY
11.1. IN NO EVENT WILL LOCALWALL ITS AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “COMPANY” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES, or any LOSS whatsoever, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE COMPANY PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE COMPANY PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, OR OTHER SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT COMPANY HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, OTHER SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THIS TERMS AND CONDITIONS.
11.2. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY CLAIMS, ACTIONS, OR DEMANDS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM (I) YOUR USE OF OR RELIANCE ON ANY THIRD-PARTY CONTENT, (II) YOUR USE OF OR RELIANCE ON ANY COMPANY CONTENT, (III) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, INCLUDING TRANSPORTATION SERVICE PROVIDERS BOOKED THROUGH THE SERVICE; OR (IV) YOUR BREACH OF THESE TERMS. WE SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING.
11.3. Nothing in the Terms exclude or limit liability for (i) death or personal injury caused by the negligence of the liable party, or (ii) fraud or fraudulent misrepresentation, or (iii) or any other liability which cannot be limited or excluded by applicable law.
11.4. Except as expressly stated in these Terms, no representation, warranties or undertakings are given in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, no responsibility is accepted for ensuring that the Services are suitable for your purposes (which remains solely your responsibility).
12.1. A ‘Force Majeure Event’ means any event which is unforeseen or otherwise beyond the reasonable control of the party in question including but not limited to strikes, lock-outs or other industrial disputes, failure of a utility service or a transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, fire, flood, storm, unavoidable technical problems with transport, closure or congestion of airports or ferry ports or other locations, cancellation or diversion of scheduled flights, or other journeys, or financial failure of airlines or other transport providers or any act or omission of any party (other than the party in question).
12.2. Neither we nor the Service Provider shall have any liability for or in respect of any failure to perform or any delay in performing any of our respective obligations under or pursuant to a Booking, a Service or these Terms, if and in so far as performance is delayed, hindered or prevented by a Force Majeure Event.
13.1. You may cancel a Booking in accordance with clause 13.2.. . In case of order cancellation each situation is dealt with individually this is dependent on the Service Provider.
13.2. You may cancel a Booking by either (i) telephoning the Office and confirming the cancellation verbally in that telephone call or (ii) by sending us an e-mail to email@example.com
13.3. If a Booking is cancelled by You later than the applicable time referred to in clause 13.1 the Booking will be charged in full regardless of whether the Service has been made.
13.4. We reserve the rights to cancel the Booking upon limited or immediate notice in any circumstances, including but not limited to the insolvency of a Service Provider. In circumstances where we cancel due to issues related to the Service Provider we will use our reasonable endeavors to arrange for the supply of an alternative vehicle, but at periods of high demand it may not be possible. Where we notify You of cancellation of the You will receive a full refund of all monies already paid by You in respect of the Booking.
14.1. To be eligible for a refund, you (as applicable) must have complied with your Obligations as set out in the Terms.
14.2. To make a refund claim, You should write to firstname.lastname@example.org providing us with an email address, the Booking information provided in the confirmation email and/or confirmation text and full details and circumstances giving rise to the refund claim within 7 days of the service starting day.
14.3. We will process all refund claims without unreasonable delay however we reserve the right to fully investigate the circumstances and correspond with the Service Provider. Therefore it may take up to fourteen (14) working days to process your refund claim, especially if different time zones and office hours are involved.
14.4. The processing time set out above in clause 14.4 is subject to the accuracy and clarity of the refund claim and the timeliness of your responses to any additional questions.
14.5. If your refund claim is accepted it will take up to three (3) working days for the refund transaction to be carried out.
14.6. LocalWall is not obliged to process any refund claims which are not made in writing to email@example.com within 7 days of the service date.
WEBSITE CONDITIONS OF USE
It is prohibited for anyone to use any device or software program to directly or indirectly interface, or attempt to interface, with this Website to retrieve content and/or any other data, including prices. It is also prohibited to interfere, or attempt to interfere, with the normal working of this Website; any activity that we consider places undue load or stress on our systems will be terminated. We constantly monitor everyone accessing our Website, and the activities of any automated systems or persons conducting an unreasonable amount of searches, with the aim of accessing information and/or prices, will be terminated and those systems/persons blocked from our Website. Your use of the Website indicates your agreement to be bound by these Conditions of Use.
LAW AND JURISDICTION
To the fullest extent permitted, the Terms are governed by the laws of Estonia, and all parties shall be subject to the non-exclusive jurisdiction of the courts of Estonia.
If You have any questions or concerns regarding your use of this service, please feel free to contact us at firstname.lastname@example.org
Please note that any contract referred to in the Terms will be with You and all correspondence will be sent to the address given by You during the booking process, even where a third party actually pays for the Services. For the avoidance of doubt, nothing contained in the Terms shall entitle any third party other than the Transport Service Provider to any benefit or rights pursuant to the Contracts (Rights of Third Parties) Act 1999.
The General Information and terms and conditions stated are correct at the time of going to press.