(Last updated April 1st, 2015)

These Terms and Conditions ("Terms"), as may be changed from time to time, apply to your access to and use of all of the services directly or indirectly made available online by My Local Culture v.o.f. ("MyLocalCulture", "mylocalculture.com", "we", "us" and "our"), through any computer, mobile device, by e-mail or by telephone. By accessing, browsing and using our website or any of our applications through whatever platform (hereafter collectively referred to as the "site" or "website") and/or by completing a reservation and/or signing up as a local host (any person who holds or intends to hold an account as a host/guide on the website and/or creates an experience that is available for reservation, hereafter collectively referred to as "host"), you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy policy).


Our Offering

Through the website we provide an online platform through which local people in several predetermined countries can sign up and advertise cultural experiences for booking, and through which the traveler (a visitor who requests a booking of an experience via the services, or participates in an experience and is not the host for such experience) can make such bookings (collectively with the Site, the “Services”) From the point at which the traveler makes a booking, we act as an intermediary between the traveler and the host, transmitting the details of the booking to the relevant host and check availability. MyLocalCulture is not an operator or a provider of activities or other experiences and does not own, sell, resell, provide, manage and/or control any transportation or travel services. MyLocalCulture's responsibilities are limited to facilitating the availability of the services that the hosts offer and serving as the limited agent of each host for the purpose of accepting payments from travelers on behalf of them.

The information of our services that we show is based on the information that has been provided to us by the hosts. Although we do our best to make sure all the information we provide is correct, we will not verify if, and cannot guarantee that, all information is correct, complete and accurate, neither can we be held responsible for any errors, including typographical errors and manifest, any interruptions (due to any breakdown, repair, upgrade or maintenance of our site or otherwise), inaccurate, misleading or untrue information or non-delivery of information. 


Modification

The site reserves the right to change the Terms and Conditions, or any policy or guideline of our services, at any time and for any reason. Updated versions will be posted to the site at mylocalculture.com. We will also update the "last updated date" at the top of these Terms. By continuing to use the site after any such change, you accept and agree to the modified Terms & Conditions. Accordingly, you should visit this page frequently to keep apprised of any changes. If the modified Terms are not acceptable to you, your only recourse is to cease using the services. MyLocalCulture reserves the right to modify or discontinue, temporarily or permanently, the site features, benefits, all without notice, even though such changes may affect the way users use the site. Users agree that the site will not be liable to users or any third-party for any modification or discontinuance of the site.


Eligibility

You must be at least 18 years old to use our services. By accessing to or using any of our services, you represent and warrant that you are 18 or older.


Privacy Policy

MyLocalCulture respects your privacy and is committed to protecting the information you share with us. Please have a look at our Privacy Policy for a thorough overview.


Bookings

Booking Terms for hosts
When a booking is requested for your experience, you will be required to either confirm or reject the booking within 48 hours of when the booking is requested or else the booking will be cancelled. If you do not confirm the booking within the specified timeframe or decide to reject a booking, any amounts collected by MyLocalCulture will be refunded to the traveler. No payments will be done to you as a host. 

Booking Terms for travelers
When a booking is made, we transmit the booking to the relevant host and check availability. A reservation is only valid when confirmed by us through your profile page or by e-mail. Once the host has accepted your request for service and your payment has been processed, there is a binding contract between you and the host. MyLocalCulture is not a party to such agreement and with the exception of the payment obligation, we disclaim all liability arising from such agreement. The host is then solely responsible for honouring any confirmed bookings and making available the experiences booked through our services. Once your booking is confirmed by the relevant host, your booking is non-refundable, except as stated in the Cancellation Policy.


Payments

MyLocalCulture charges a fee to travelers of fifteen percent (15%). This fee ("Service Fee") is added to the price set by the host to determine the Total price. The prices you see on the website are the Total prices. When booking, the traveler has to pay the full amount as stated on our website. No other additional fees are applied at payment. At the time of booking, all payments will be done. The Total price, less the Service Fee, will be paid to the host within 72 hours of when the traveler arrives at the relevant experience (except to the extent that a refund is due to the traveler). However, we can not be held responsible for any delays remitting the payments. Payments will standard be done in U.S. Dollars. Please note that for any other currency payments, foreign currency processing costs may deduct from such payments.

In some cases, the traveler will be asked to pay only the Service Fee beforehand and the remaining to be paid by cash to the host directly after the experience has taken place. This is due to the fact that payments by PayPal or bank transfer are not obtainable for the host. Cash payments will always be done in local currency unless other options are indicated.


Cancellations

The cancellation policy is only applicable to confirmed bookings, if a booking hasn't been confirmed, as a traveler you will get a 100% refund. As a host, no payments will be done.

Cancellation by traveler
If you, as a traveler, wish to cancel your confirmed booking, you can do so at any time up to the moment of the booked experience. The date on which the request to cancel is received will determine the refund. Please note that you, as a traveler, will remain liable for the non-refundable Service Fee if a confirmed booking is being cancelled.
When cancelled 7 days or more before the experience takes place, the traveler will receive a 100% refund, less the Service Fee. No payments will be done to the host.
When cancelled within 7 days (but more then 48 hours) before the experience takes place, the traveler will receive a 50% refund, less the Service Fee. In this case the host will be paid 50% of the amount that was supposed to be paid, being the Total prize less the Service Fee.
When cancelled within 48 hours, don't show up (as well arrive to late for the actual experience) or start the experience and decide to leave early, no refund of the paid amount will take place. In this case the host will be paid 100% of the amount that was supposed to be paid, being the Total prize less the Service Fee.
If the host has determined to be paid in cash by the traveler at the moment that the experience takes place, no payments will be done to the host in case of a cancellation. As a host you understand and agree to take this risk if payouts are not set to your PayPal account or bank account.

Cancellations by host
In some cases the host may cancel the experience due to weather or other circumstances. In case the host cancels the experience, or does noes not deliver it as promised, as a traveler you will get a 100% refund of the amount paid. As a host, if you need to cancel an experience for any reason, you must contact the traveler and MyLocalCulture at This email address is being protected from spambots. You need JavaScript enabled to view it.as early as possible.


Taxes

You understand and agree that it's your sole responsibility to determine your applicable tax reporting requirements to comply with the applicable local tax law and pay any corresponding taxes. As a host you are responsible that you will pay these taxes in time and in compliance with the local tax law. MyLocalCulture cannot and does not offer any tax-related advice to any user of our services.


User Conduct

Without limitation, as a user of our services you agree to refrain from the following actions while using the site:

(1) use the services in violation of any applicable law or regulation, including promoting or encouraging any illegal activity;
(2) stalk, intimidate, threaten or otherwise  harass or cause  discomfort to any other users or our services;
(3) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, whether by providing or omitting to provide information;
(4) post content that contains nudity, sexually explicit content or is otherwise obscene, pornographic, indecent, lewd, suggestive or sexually exploitative of minors;
(5) actions that may disparage any ethnic, racial, sexual or religious group by stereotypical depiction or is otherwise abusive or inflammatory.


Our Intellectual Property

Unless stated otherwise, all content available on the site  is the copyrighted work of My Local Culture v.o.f. Any reproduction or redistribution of this site, in whole or in part, without the written permission of MyLocalCulture is expressly prohibited by law, and may result  in severe civil and/or criminal penalties. All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photgraphs, music, sounds, images, software, videos, designs, tyefaces and other content (collectively "Proprietary Material"), that users see or read on our site is owned by MyLocalCulture or is used with permission. This proprietary material is protected in all forms, media and technologies now know or herinafter developed. Users may not copy, download, use redesign reconfigure, or transmit anything from the site  without MyLocalCulture's prior express written permission. 


DISCLAIMER

IF YOU USE OUR SERVICES, YOU DO SO ON YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. MYLOCALCULTURE DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULT THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH OUR SITE. 

YOU ACKNOWLEDGE AND AGREE THAT MYLOCALCULTURE DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO, TRAVELERS AND HOSTS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR TRAVELERS.

WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, THAT ANY SERVICE, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS OR THAT ANY INFORMATION YOU PROVIDE OR WE COLLECT WILL NOT BE DISCLOSED TO THIRD PARTIES.


LIMITS ON LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES, YOUR BOOKING OF ANY EXPERIENCES VIA THE SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. UNDER NO CIRCUMSTANCES WILL MYLOCALCULTURE OR IT’S AFFILIATES, OWNERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, OR PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS ARISING FROM ANY PROVISION OF THIS AGREEMENT OR FROM ANY EXPERIENCES OR OTHER SERVICES BOOKED THROUGH THE SITE, REGARDLESS OF WHETHER WE OR AN AUTHORIZED REPRESENTATIVE OF OURS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, THE TOTAL LIABILITY OF MYLOCALCULTURE ARISING WITH RESPECT TO THIS AGREEMENT AND THE SITE SHALL IN NO EVENT EXCEED THE TOTAL AMOUNTS PAID BY YOU TO MYLOCALCULTURE UNDER THIS AGREEMENT.


Acceptance of Risk

You acknowledge that all travel involves an element of risk and that some experiences offered on the site may involve a significant amount of personal risk. You hereby assume all such risk and you, your family, heirs and assigns hereby release MyLocalCulture from all claims and causes of action whatsoever arising from any injury, death or other damages, both pecuniary and non-pecuniary, to you that may occur as a result of your participation in the experience offered on the site or as a result of the negligence of any party, including the host or any employee, officer, agent, contractor or assign of MyLocalCulture, whether such negligence is passive or active.


Indemnity

User agrees to defend, indemnify and hold harmless MyLocalCulture (and each of our affiliates, owners, agents, directors, officers, employees, representatives, suppliers or partners) from any claim, demand, action, loss, cost or expense including reasonable attorneys' fees, arising or in any way connected with (a) your access to or use of our services; (b) any content or submissions you provide; (c) your violation of these Terms; (d) your communication made with any other user whether through the site or not, (e) your booking of an experience, (f) your advertisement of an experience or (g) the use, condition or quality of an experience, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of participating in or booking an experience.  Further, if you are using the Services on behalf of any entity, you represent and warrant that such entity agrees to indemnify you and MyLocalCulture for violations of these Terms in accordance with this Section. MyLocalCulture reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by user.


Jurisdiction

To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with Dutch law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in the province of Limburg, the Netherlands.


Legal Entity

We are registered with the Chamber of Commerce in Roermond under number 62977318.


Violations

Please report any violations of these Terms to This email address is being protected from spambots. You need JavaScript enabled to view it.