GENERAL CONDITIONS

General terms and conditions Like-a-local
Preamble Like-a-local is an agency which offers its customers the possibility to come into touch with the life of locals in major cities around the world. Travellers enter a Service Agreement with a local to book activities to undertake with the local in the city of their choice. Like-a-local herself is no party to this Service Agreement. For this reason, the lawfulness, safety and quality of the activities offered by locals fall beyond the control of Like-a-local.

Article 1: Definitions
1.1. Like-a-local: a general partnership (VOF), registered in Amsterdam under number 34193853 and with its registered offices in Hendrik Figeeweg 1w, 2031 BJ Haarlem. 1.2. Principal: the party which has asked to be provided with information or advice and/or has made a reservation.
1.3. Local: the service provider who concludes a Service Agreement with the Principal.
1.4. The Service Agreement: the combination of written and verbal agreements between Local and Principal.

Article 2 General Provisions
2.1 This set of General Terms and Conditions supersedes all previous versions.
2.2 Like-a-local reserves the right to change these General Terms and Conditions at any time. Changes to these General Terms and Conditions apply after they have been filed at the Chamber of Commerce (Kamer van Koophandel). They equally apply to existing contracts. Changes will be notified on the Like-a-local website(s) at least 30 days before they apply. Should the Principal not agree to the new terms and conditions, he is entitled to cancel the Service Agreement. To do so, he must notify Like-a-local by registered post before the date when the new conditions apply. Should the Principal consider himself prejudiced by any such changes to the GTC, he shall be entitled to terminate the Service Agreement as per the date the changes come into effect. The right of termination expires with the coming into effect of those changes.
2.3 The Locals may have their own set of conditions for the delivery of their services. Like-a-local denies any responsibility for those conditions. Should the Principal explicitly request for her to do so, Like-a-local will provide a copy of all applicable conditions of the Local at no additional cost.

Article 3 Establishment of the Service Agreement
3.1 By placing an electronic request with the local for a reservation for a service/activity, the Principal enters a Service Agreement with the Local, except if agreed differently explicitly and in writing.
3.2 Requesting a reservation binds the Principal to Like-a-local and the Local(s) concerned.
3.3 The Principal must submit all information necessary for establishing and executing the Service Agreement to the Local.
3.4 Should the activity for which the Principal requested a reservation not be available at the requested date and time, then the Local will endeavour to inform the Principal as soon as possible. In case of unavailability of the activity, sub 1 and 2 of Article 3 do not apply. Neither Like-a-local nor the Local are responsible for any damages suffered by the Principal as a result of the unavailability of the services/activity.
3.5 Should the Principal instruct Like-a-local to make a reservation on behalf of a third party, then he remains liable for all the obligations related to the agreement(s).

Article 4: price and terms of payment
4.1 Like-a-local receives a percentage of the total sum paid.
4.2 All sums due for services reserved via Like-a-local need to be paid with the method, by the date and to the individuals as specified by Like-a-local. Like-a-local is entitled to collect payments on behalf of a Local.
4.3 Prices of services can change between the moment they are reserved and the moment they are executed, in accordance with the terms and conditions of the Local(s). Those changes and the reasons thereof will be communicated in due course to be Principal and will be entirely passed on to the Principal in the event the Principal could not reasonable expect the Local to deliver the contracted service(s) for the original contract price.
4.4 Should the reserved services not  be paid on time, be paid in parts or not be paid at all, the Principal will then be by deemed to have committed a fundamental breach which shall terminate the C Service Agreement immediately. Like-a-local reserves the right to charge the Principal a cancellation fee on behalf of the Local(s) in accordance with those General Terms and Conditions.
4.5 Should the payment terms communicated by either Like-a-local or the Local not be respected, then the Principal will be found to be in payment default., the Principal shall be In the event of payment default and without any further warning and/or notice of default, all unpaid sums shall become immediately subject to the prevailing official interest rate. In addition, the Principal will be charged extrajudicial (settlement) costs set at 15% of the sum total with a minimum of 60 Euro. In the event that Like-a-local or the Local can demonstrate that they have had to incur higher expenses which were reasonably necessary, including legal costs, those expenses will be entirely for the account of the Principal. Payments that have already been received from the Principal will be used in first instance to settle for the interest payments and for the payment of the expenses described in this article and then to pay for the bills, which have remained unpaid for the longest period.

Article 5: Cancellation or change to the Service Agreement
5.1 Changes to the Service Agreement are only possible with the agreement of the Local and provided the Principal pays the remaining of the new total sum (minus the initial payments made for the original booking).
5.2 The Local reserves the right to refuse to honour change requests.
5.3 Should a Local not be able to deliver the service, which has been reserved by the Principal, the reservation will be cancelled and the Principal reimbursed.
5.4 A Local has the right to change different aspects of the Service Agreement under certain unforeseen circumstances (see art. 5.8). Like-a-local shall immediately inform the Principal of those changes and of the reasons of those changes. Should the Principal choose not to agree to the change(s), he shall inform Like-a-local of his decision within 5 working days, in writing. The Local will then cancel the Service Agreement. Should his refusal concern a change to a substantial aspect of the Service Agreement or to a not substantial aspect of the Service Agreement which has substantially prejudiced the Principal, then the Local shall upon cancellation of the Service Agreement reimburse the sum(s) paid for the services, after subtracting parts of the sum corresponding to parts of the service(s) already delivered, if applicable.  
5.5 Under unforeseen circumstances, the Local has the right to cancel a Service Agreement without any legal consequences.
5.6 Justified circumstances are circumstances of such nature that it cannot reasonably be expected from the Local that he would execute the Service Agreementwithout altering its content. Those circumstances include but are not limited to insufficient participation in the case of group activities and force majeure.
5.7 Should the Principal be accountable for the reasons for cancelling the Service Agreement, then the Principal shall be liable for any damages resulting from the cancellation of the Service Agreement. Should the Local be accountable for the reasons for cancelling the Service Agreement, then the Local shall be liable for any damages resulting from the cancellation of the Service Agreement. Is it the case that neither of the two is accountable for the cancellation, then each will bear its own costs.  

Article 6 Cancellation
6.1 Cancellation of reservations is only possible under the conditions listed in this Article.
6.2 The principal wishing to cancel a reserved service explicitly informs the Local in writing.
6.3 Except if agreed otherwise, Like-a-local charges the following cancellation fee on behalf of the Local: 100 % of the total sum.
6.4 The aforementioned cancellation fees will always apply and be charged, notwithstanding the reasons for cancellation.
6.5 Like-a-local cannot be held responsible for cancellation by a Local.

Article 7 Re-assignment
7.1 Reassignment is only possible with the consent of the Local.
7.2 The Principal and his substitute are both personally liable for all obligations under the Service Agreement.

Article 8 Obligations of the parties (Local and Principal)
8.1 The Local shall see to the duly execution of the Agreement, in accordance with the expectations the Principal could reasonably have on the basis of the Agreement.
8.2 The Principal shall do everything which is expected from him to allow for a duly execution of the Service Agreement. The Principal shall provide the Local in time with all information which can be reasonably deemed relevant for a duly execution of the Service Agreement and/or to avoid any damage or injury for himself and for others. Relevant information includes but is not limited to medical condition, use of medication, allergies, etc.
8.3 Should the Principal cause trouble or prevent the duly execution of the Service Agreement, the Local is entitled to exclude him from the execution of the Agreement. Neither Like-a-local nor the Local will accept responsibility for damages resulting from such exclusion.

Article 9 Travel documents
9.1 The Principal is sole responsible for obtaining valid travel documents, such as a valid ID, visas, proof of vaccination, etc. Neither Like-a-local, nor the Local shall be liable for the consequences to any Principal resulting from his or her failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions.
9.2 The Principal is required to have a valid ID with him at the time of execution of the Service Agreement. The Local is entitled to require to ask for an ID.

Article 10 Help and assistance
10.1 Like-a-local and the Local shall endeavour to provide both help and assistance in case the service does not proceed according to the expectations the Principal could reasonably have on the basis of the Agreement.
10.2 Should the Local be accountable for the shortcomings, then he will bear all costs. Should the shortcomings be the doing of neither the Local nor the principal, then each party will bear its own costs.

Article 11 Liability
11.1 Like-a-local accepts all legal obligations of indemnification in accordance with the provisions of these General Terms and Conditions.
11.2 The total liability of the Local in the event of shortcomings for which it is accountable is limited to the compensation of direct damages up to the maximum of the total sum stipulated in the Agreement (excluding VAT).
11.3 With the exception of the matters stated in Article 11.2 no liability in any form for indemnification rests with Like-a-local or the Local, irrespective of the ground on which an action to indemnify would be based upon.
11.4 Condition for the creation of any right to indemnification is always that the Principal reports the damage in writing to the Local as soon as possible after the damage arose.
11.5 The Local shall not be liable for the damage covered by insurance(s) taken out by the Principal.
11.6 Like-a-local and the Local are not liable for misunderstandings with respect of the content or execution of the Agreement, if these should be imputable to the Principal and/or its negligence.
11.7 Like-a-local and the Local are not liable for any indirect or consequential damages.
11.8 Like-a-local and the Local are not liable for third parties that it might have involved in the execution of the Agreement.  
11.9 Like-a-local is neither liable for acts and or negligence of the Locals which execute the Service Agreement, nor for the accuracy of the information provided by them.
11.10 If not otherwise explicitly stated in these General Terms and Conditions, any claims for damages and or any inconvenience incurred by the Principal are excluded, which would result from the Principal, Like-a-local or the Local delaying or cancelling an Agreement.  
11.11 The limitations and exemptions from liability also apply to Like-a-local employees and suppliers, except if stated otherwise by either Law or Directive.
11.12 The maximum liabilities referred to in this article do not apply in the event the damages are the result of the malice or gross negligence of either Like-a-local, her personnel or suppliers.
11.13 The provisions in Article 11.1 to 11.10 apply equally to the Local(s) involved.

Article 12 Disclaimer
12.1 The Principal is aware that the services reserved via Like-a-local will be executed in most cases by not professional, small service providers. Except in cases where there is question of malice or gross negligence and in accordance with the provisions of Article 11, the Principal exempts the Local from liability in case of direct or indirect damages.
12.2 The Principal who breaks his legal obligations, obligations under this Agreement or under these General Terms and Conditions is liable for all resulting damages incurred by Like-a-local, her employees and suppliers and by the Local(s).

Article 13 Force majeure
13.1 Force majeure in these general conditions means all circumstances that could not in all reasonableness have foreseen and which prevent Like-a-local and the local to perform their obligations to the Principal.
13.2 Like-a-local and the local have the right to rely on Force Majeure if the non-imputable circumstances which prevented performance of its obligation only commenced after it should have fulfilled their obligations.
13.3 During Force Majeure, delivery and other obligations of Like-a-local and the Local are suspended. If the situation of Force Majeure has continued for a period of two weeks, all parties will have the right to dissolve the Agreement without judicial intervention and without this giving right to any rights to damages.
13.4 The Provisions of this Article apply to all Locals involved.

Article 14 Complaints
Complaints need to made in writing or per email and addressed to Like-a-local within 6 weeks after the agreement has ended.

Article 15 Final provisions
15.1 Changes and additions to these General Terms and Conditions can only take place with the explicit and written consent of Like-a-local.
15.2 Dutch Law is applicable to all Service Agreements and to these General Terms and Conditions. Conflicts will be presented to the Court of Law in Amsterdam.
15.3 In the event that the principal, disagrees with the chosen forum he may elect to bring conflict resolution to another competent jurisdiction. He must do so within 30 days after starting the conflict.
15.4 If any clause of these General terms and conditions is null and void, the remainder of the General terms and Conditions continues to apply. The parties are bound to rules, whereby the purpose and the meaning of the original conditions shall be heeded as far as possible.