GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS

The company Authentic Local Travel SAS, with its Head Office located at 5 Grand rue 57100 in Manom – France, operates the Think O Local website, which connects travellers to local guides called Local Leaders.

Please read these terms and conditions, which contain important information about your rights, obligations and appeals in the event of a claim. By accessing and using the thinkolocal.com website you agree to comply and agree with the terms and conditions as defined below, hereafter referred to as T&Cs.

1. Applicability

Think O Local reserves the right to modify or change the T&Cs at any time with immediate effect. These changes are published on this page and you will be informed of the latest updates.

if you disapprove with any amendments, you may delete your account with immediate effect.

If you continue to access and use the platform, you are deemed to have agreed to the amendments or new T&Cs.

You will be informed of any major changes and you will be able to agree to them on the website. Nevertheless, it is your responsibility to go to the T&Cs page on a regular basis to acknowledge changes that have been implemented.

If you do not comply with these T&Cs as a whole or part of which, Think O Local reserves the right, at any time and without any prior notice, to suspend your account and access to our services on a temporary or a permanent basis.

2. Services provided by the platform

2.1 Definition of services provided

Think O Local is a market place, which enables users to independently access offers for activities with local guides, whilst enabling external service providers (professionals or individuals), called Local Leaders, to offer activities on the website. These activities may last one hour or more, half a day, a full day or even several days.

Local Leaders act on their own behalf, they are not contractually bound by a work contract in any way, they are neither an agent, nor a sub-contractor, nor associated to Think O Local.

They are free to provide one or several activities on the website on an independent basis, they are free to set the price and how the activity is run.

Local Leaders, who offer their activities on the Think O Local website are solely responsible for the publications and activities offered.

When users reserve an activity, they enter into a contractual agreement directly with the Local Leader. Each activity must be approved by both parties to the contract.

Think O Local is not a party to the contract and does not intervene in the activity.

2.2 Service exclusions

Think O Local is not a tour operator, nor a provider of tourism services, activities or guided tours.

2.3 Availability of services

Think O Local ensures that the website is available 24/7 but may not guarantee availability of the entire website nor services provided.

Indeed, access to the website and services may be disrupted or interrupted due to invention by Think O Local or a third party, for maintenance work, software or hardware updates, or urgent repairs to the website or due to events beyond Think O Local’s control.

Think O Local may limit the availability of the website or some of its features if it is deemed necessary to preserve the integrity, security or due to limited capacity of the website.

2.4 Amendments to services

Think O Local may amend or stop some services or features with or without notice.

During this work on the website, new functionalities or services may be created, added or deleted without users being able to refuse or hold Think O Local accountable for any prejudice caused.

2.5 Accountability

Think O Local will take all reasonable measures to reduce disruption and malfunctions on the website.

In the event of malicious attack by a third party, which may result in the suspension of services, disruptions or inaccessibility of the platform, Think O Local will not be held liable, nor be accountable, when all the preliminary measures have been taken with due diligence to prevent these sorts of external attacks.

Users accept that Think O Local will not be held accountable for these disruptions and if Think O Local were to be held accountable, this would be limited to the amounts received by the website for providing the service.

3. Operation of the platform

3.1 Creating an account

3.1.1 Creating an account by the Local Leader 

Local Leaders may create an account free-of-charge.

Nevertheless, they must register beforehand to access services provided on the platform and provide their personal details (surname, first name, address, phone number, email address; if they are a company, its name and registration number; bank details and any information or additional documentation to validate their profile, such as experience, knowledge, authorisations or certifications) a short biography, and lastly a photo that enables the person to be identified to validate their personal profile.

The Local Leader must accept these T&Cs, as well as the Local Leader Charter, which will contractually bind them to Think O Local.

The Local Leader Charter states all the rights and obligations of the Local Leader with regards to future users to whom s/he will provide services and to Think O Local.

Local Leaders will ensure that they comply with applicable laws in their country and inter alia have the relevant certification/training to undertake the activity. If regulations require legal authorisations, proof of relevant skills, a diploma, certification or specific insurance coverage, Local Leaders will have to fulfill these conditions to undertake the activity before providing any activity on the website.

Once the account has been created and validated by Think O Local, Local Leaders will be able to create one or several activities and publish them online. 

Local Leaders will have to provide details about the activity and inform users about the conditions and inherent risks relating to the activity. They will have to provide information about age limits, physical ability, equipment, clothing or restrictions that will be necessary for the activity to be run.

A comprehensive and detailed presentation of the activity provided, as well as photos will be submitted to Think O Local for approval before they are published online.

Think O Local reserves the right to accept or refuse publications without Local Leaders being able to counteract this.

Local Leaders agree to provide and organise the activity and will not allow third parties to provide activities unless this has been authorised by Think O Local.

3.1.2 Validation of an activity

Publications validated by Think O Local only means that Local Leaders have been subjected to a suitable control and identification procedure. Without Think O Local being able to guarantee the accuracy of all the details that have been provided, nor the truthfulness of the activities provided, nor the identity, past-history, or reliability of Local Leaders.

Think O Local nevertheless agrees to undertake random quality control checks and to take any comments made by users about Local Leaders seriously, whose reliability or professionalism may be questioned.   

3.1.3 Accountability of Local Leaders

Local Leaders must be adults and have the legal capacity to enter into a contract in order to create a profile and provide activities on the platform.

Local Leaders are responsible for the content they provide on the Think O Local website. They agree to not violate laws or rights relating to intellectual property in particular, whether it is in their country or in any other. Especially regarding photos, sounds, images, videos or texts used in online publications.

3.1.4 Creating an account by the user

Users may browse the website freely to find services provided on the platform, as well as activities provided listed by category and by geographic location.

Once users have chosen an activity and wish to confirm it, they must register and provide a minimum amount of information (surname, first name, email address and password) to book and finalise the activity by proceeding to the payment.

3.2 Booking

Users must read the description of the activity carefully and check that it is suitable for their personal situation, inter alia relating to age limitations, physical ability, own equipment needed, required skills or certifications, the limited number of participants etc.

When users reserve an activity, they must state the number of participants and state if they are adults and/or children, they may not in any case come and meet the Local Leader with additional participants. If users wish to change the order, they must do so on the platform or if needed, file a request with Think O Local, who will then intervene to validate any changes with Local Leaders.

Local Leaders have 24 hours to validate the booking. They must confirm or refuse the booking within 24 hours, otherwise the booking will be cancelled automatically.

When the booking has been accepted by the Local Leader. The user need to proceed to online payment within 48 hours in order for the booking to be definitively validated. Failing this, the Local Leader reserves the right to cancel it.

Local Leaders receive a booking notification by email.

Users also receive a booking and payment notification by email.

Think O Local provides all the necessary information to contact Local Leaders. Users may use the internal message handling system, in order to receive practical information, so that the activity may be run safely and smoothly.

Users must follow instructions given by Local Leaders at all times and throughout the activity to ensure safety and to ensure that the activity is run smoothly.

3.4 Payment and charges

3.4.1 Charges

In order to ensure the operation, development of the platform and services provided by Think O Local, Local Leaders are charged 18% commission (incl. taxes) of the total order amount.

This commission is deducted from the amount paid to Local Leaders and pays Think O Local for the services provided on the platform.

3.4.2 Payment

Payment is processed 24 hours after the end of the activity. Users have 24 hours to inform Think O Local about any incident that may have affected the smooth running of the activity. After this, they will not be able to oppose the payment.

If there are no disputes, Local Leaders receive payment after deduction of Think O Local’s commission.

If a dispute arises on behalf of the user, the payment will then be retained by Think O Local until a solution has been found.

Think O Local uses the Stripe payment solution, which is an integrated online payment platform.

https://stripe.com/global

When Local Leaders create a Think O Local account, a “Stripe Connect” connected account is also created automatically, this is transparent for Local Leaders. To do this, Local Leaders must first provide their bank details. As part of (KYC) compliance procedures, Stripe may require Local Leaders to provide additional documentation via the Think O Local platform during the Think O Local account registration validation stage.  Nevertheless, the Stripe platform is in charge of and accountable for the creation of a “Stripe Connect” connected account.

Payment services for Local Leaders operating on Think O Local are provided by Stripe and subject to Stripe Connected Account Agreement, which includes information about the Stripe service (Stripe Services Agreement). By accepting these Terms and Conditions or by continuing to operate as a Local Leader officiating on Think O Local, you agree to be bound to the Stripe Terms and Conditions, which may be modified occasionally by Stripe. As Think O Local allows payments via Stripe, you thereby agree to provide Think O Local with exact and full details about yourself and your activity and authorise Think O Local to share this information, as well as information relating to transactions carried out via the Stripe payment solution.

https://stripe.com/docs/connect/updating-accounts#adding-stripe-to-your-services-agreement

Think O Local agrees to pay Local Leaders by bank transfer when they are unable to use the Stripe Connect solution. In this case, Local Leaders must provide full bank details. Payments may therefore take longer to process.

Local Leaders are responsible for additional charges caused by bank transfers.

Think O Local will not be held responsible for delays to payments, nor additional banking charges incurred by the banks for processing transfers, nor payment issues, if a user’s payment must be reimbursed after cancellation of the card or fraudulent use of a payment card.

3.5 Cancellation

3.5.1 Cancellation by users

Users who book an activity may cancel the booking at any time, providing that it has not been confirmed and validated by the Local Leader by email. In this case users are reimbursed in full.

When activities are cancelled more than 72 hours before the activity is due to take place (counted per full day) users will be reimbursed 82% of the order. The remaining 18% represents the Think O Local service charge.

If activities are cancelled less than 72 hours prior to the start of the activity, users will not be reimbursed, and the Local Leader will be paid in full.

3.5.2 Cancellation by Local Leaders

Local Leaders have 24 hours to validate a booking request. If Local Leaders decline a booking request or do not respond within this timeframe, the booking will be cancelled, and no payment will be taken.

If Local Leaders cancel an activity booking, users will be reimbursed in full.

3.5.3 Cancellation for any other reason

Some activities, for reasons beyond our control, notably those that are held outside, may be cancelled due to poor weather conditions at any time, even on the day the activity is due to take place.

In this case, Local Leaders will immediately inform users who booked the activity, as well as Think O Local via the internal messaging system and/or by email.

Local Leaders will suggest another suitable date or failing agreement will have to submit a compensation proposal and may involve Think O Local to settle any claims.

3.6 Disputes

In the event of a dispute relating to a cancellation or between Local Leaders and users, who booked and paid for an activity and no suitable solution has been found for both parties. Both parties will be able to contact Think O Local, who will then attempt to assist and resolve the so-called dispute. Think O Local will retain monies paid by users, until a suitable solution or an agreement has been found, or a verdict has been rendered by a competent court.

3.7 Marks and comments

Platform users may review activities, how they were run, how interesting Local Leaders were and if they added value to the activities. Local Leaders are given a general mark with stars.

Think O Local cannot guarantee the truthfulness of comments published on the platform.

It is strictly forbidden to publish misleading, defamatory, abusive, racist comments, or to influence the marking system to convey a distorted image of a Local Leader or an activity. Activities may only be reviewed by attendees.

3.8 Prohibited activities

It is strictly forbidden to provide illegal, prohibited, unlawful or immoral activities that affect public morals and do not comply with applicable laws and regulations.

It is strictly prohibited to use the platform for advertising or any other purposes that are not expressly authorised in these T&Cs.

It is strictly forbidden to contact a platform member to request or accept an activity booking other than on the platform, whether this is to avoid payment of administration fees or for any other reason.

4. Taxes and duties

Local Leaders are expected to fulfill their own tax and social obligations and agree to use the platform according to the applicable regulations.

The French Tax authorities require us to collect and transmit incomes generated by platform users to the fiscal authorities, as of 1 January 2019.

Platform users are required to declare incomes according to their personal status, pay taxes, duties (e.g. VAT) as well as social insurance contributions.

Please find technical guidelines below to help you declare income generated on the platform, please read them carefully and take note of them.

https://www.impots.gouv.fr/portail/professionnel/questions/je-suis-une-plate-forme-internet-de-mise-en-relation-par-voie-electronique

https://www.impots.gouv.fr/portail/professionnel/obligations-de-teleprocedures

https://www.impots.gouv.fr/portail/files/media/1_metier/1_particulier/EV/1_declarer/141_autres_revenus/eco-collabo-fiscal-service.pdf

https://www.impots.gouv.fr/portail/particulier/je-declare-mes-autres-revenus

5. Intellectual property

Think O Local is a registered trade mark. The name, logo, brand and any other distinctive feature used online are the property of Think O Local.

It is prohibited to use, reproduce, adapt, modify, create derivate products, to distribute, grant a license, disseminate or use the Think O Local platform or its content in any way.

Any reproduction even partial is subject to prior written consent from Think O Local. Non-compliance with these rules is likely to result in legal action and the offender will be prosecuted.

Local Leaders are solely responsible for the content they publish on the platform. They must ensure that it does not infringe laws relating to intellectual property, inter alia regarding graphics, texts, photos published on their profiles or in their activity.

6. Accountability

Platform users act on their own behalf and under their sole responsibility.

Think O Local is an intermediation service, meaning that it cannot be held accountable nor take responsibility.

Users and Local Leaders must be vigilant about the truthfulness of information used, they must use their common sense and be careful in all circumstances

Users must always be careful when taking part in an activity and never put themselves at risk for no reason, inter alia with minors.

Users and Local Leaders must check the specific applicable laws and regulations.

Think O Local may not be held accountable in any way for any failings on behalf of users or Local Leaders to comply with applicable laws and regulations.

Think O Local will not be held accountable in any way in the event of fraudulent use of the payment system by users, Local Leaders may not demand a payment guarantee from Think O Local.

7. Privacy policy

7.1 Generalities

This policy informs you about our practices regarding the collection, use and sharing of data that you are required to provide to us through the Think O Local platform, accessible on the thinkolocal.com website.

7.2 Data collected 

By using the Think O Local platform, we may collect data that may be considered to be of a personal nature and which is processed in a specific manner.

This data may be transmitted directly, when you register on the platform, when you contact us by email or indirectly when you use the Think O Local platform.

Some data is essential, if you wish to access services provided by the platform. Inter alia, your surname, first name, postal address, email address, date of birth; gender, telephone number and password are required when you create a regulated activity. 

We are required to request a copy of your ID documentation (passport, ID card) or any other similar document (Trade and Companies Register documentation, authorisation etc.) that you will have agreed to provide, we will also be required to request information about specific insurances you have subscribed, or certification to conduct a regulated activity.

When you create an account to provide an activity on the platform, you will be required to provide your bank details, a photograph and a brief biography about yourself to identify yourself, as well as photos describing your activity and location.

We will collect all email exchanges that you may have with us via the platform, as well as exchanges with customers who have booked one of your activities.

Data about validated bookings and your activity on the Think O Local platform will be collected.

Customer reviews on the Think O Local platform that have taken part in one of your activities, the rates and response time to messages will also be collected.

When you wish to book an activity, you must create an account with your surname and first name, email address and password. You must be particularly careful about creating a sufficiently complex code, in order to prevent your account from being misused and keep your password secret and not share it with third parties.

Your card payment details are not kept by the Think O Local platform. Think O Local uses the Stripe payment solution, which is an online integrated payment platform. https://stripe.com/privacy-shield-policy

Registration date on the platform, information about visits to the platform and content visited are collected.

Data about financial or accounting operations carried out on the platform is collected.

We also collect data, if we are notified of problems using the platform.

When you connect to Think O Local using social media, Think O Local may collect your personal details, such as your surname, first name, photo, email address from this social media account.

7.3 Duration of data storage

As a principle, your personal data is kept for 5 years after the last time you accessed the platform, if you have not closed your account.

If you have closed your account, your personal data will be kept for a year from the date of closure, unless you have been reported, in this case this may be extended for an extra year.

Some data may be kept for longer, when this is required by law or when your account has been suspended or blocked.

Financial data is kept according to the duration required by applicable tax and accounting regulations.

Content generated by platform users, such as reviews, remarks or marks remain visible but will have been anonymised after the detention period.

7.4 Use of collected data

Collected data is used for accessing services on the platform, and in particular, to receive payments and transfer sums of money collected on your account, to send you information about our services, to keep you informed about changes and new services provided on the platform. To allow you to communicate with other platform members, to offer your activities to platform members, to inform you about our respective legal requirements, to check information communicated by yourself, to improve and optimise services provided, and lastly to ensure secure use of the platform that complies with applicable laws and regulations for the good of all its users.

7.5 Communication of collected data

We will not share your personal data with other entities or third-party companies for advertising purposes.

We are very strict about how we divulge your personal data and will only do so if our partners need this information to provide the services on the platform.

You may be required to give your personal data when you connect to the platform via social media or when you subscribe for additional services with a partner service provider.

When we are obliged by law to divulge your personal data or when we deem it necessary to divulge this data to third parties in all good faith according to a precise legal framework.

All your personal data is kept within the European Union, it therefore benefits from a legal framework, which guarantees a high level of protection of your private life and basic human rights.

7.6 Rights regarding your personal data

As a user of the Think O Local platform, you are entitled to access and obtain a copy of your personal data, as well as to amend and delete it.

You can access, amend, or delete your account at any time, or request to amend or delete your account.

7.7 Changes to the privacy policy

The privacy policy may change or be changed, inter alia when required by applicable laws and regulations or when changes to the platform may affect the use of our users’ personal data.

Our users will be notified of any changes and we will pay particular attention to the fact that these changes are accepted for continued use of the platform.

7.8 Contact

For any questions about the protection of your personal data, please contact the Data Protection Officer at the following address: Authentic Local Travel SAS – Data Protection Officer – 5 Grand rue 57100 Manom France.

8. Cookies Policy

Cookie(s) may be installed on the user’s computer when they browse the Think O Local website. They save information about website navigation. The collected data optimises browsing on the website at a later date, and also enables various website traffic statistics. Refusing to install a cookie may in some cases mean that some services cannot be accessed. However, users may configurate their computers to refuse the installation of cookies.

9. Applicable law and competent jurisdictions

These General terms and conditions are governed by French law. In the event of a dispute regarding the application or interpretation of these terms and conditions, users of the platform agree to find an amicable settlement. Otherwise, any unresolved dispute will be subject to French law and only French courts will have jurisdiction.

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