Last Updated: 15, September 2017
LocalBini is Ltd., St. Gallen Branch, registered in the commercial registry of St. Gallen,
Switzerland, under the number CHE-441.479.866.
LocalBini Ltd., St. Gallen Branch and the brand LocalBini are interchangeably hereafter referred as to “LocalBini”, “Company”, “we”, “us” or “our”.
LocalBini is the first European community platform dedicated to travel & cultural experiences. The platform has unique activities and experiences for people, whether locals, visitors or travellers. The service is available via the website and two free mobile apps, enabling Users to book an experience almost until the last minutes. The vision is to foster human connections via shared experiences. Hence, LocalBini is an experience marketplace.
We define that:
The term “BiniGuide” does not refer to any government-authorized license; it is the term used by LocalBini to describe the selected people that offer experiences.
Any person above 18 years can be a BiniGuide and/or a Guest on our platform.
The Users of the LocalBini marketplace must comply with all local laws, such as declare income generated on LocalBini and comply with local tax laws. We reserve our right to request Users to provide proof of paying taxes.
To participate in experiences on the LocalBini marketplace involving alcoholic beverages in the United States, the User must be over 21 years of age.
LocalBini reserves the right to reject access to its LocalBini marketplace and its websites such as
the BiniBlog. Any User must be minimum 18 years old.
We may request ID verification and/or an utility bill from any User.
In order to access certain features of the Site and Application, and to book an Experience on the
LocalBini experience marketplace or to create an Experience, Users must register to create an
account and become an authenticated User.
Users that wish to create Experiences must register via the website on the top right corner under “Create an Experience”.
Guests can create an account on both the website and the application.
Users can also register or sign in the platform using third-party identity providers including but not limited to Facebook Login and the Google Identity Platform. Users agree that LocalBini may use the data that is provided by the Third Party Identity Provider.
Users agree to grant use of all information and data provided by the Third Party Identity Provider ("SNS Content") to LocalBini without breach by the User of any of the terms and conditions that govern the User’s use of the applicable Third Party Identity Provider and without obligating LocalBini to pay any fees or making LocalBini subject to any usage limitations imposed by such third-party service providers.
By using a Third Party Identity Provider, and allowing LocalBini access to Content that is covered by intellectual property rights, like photos and videos (IP content), the User specifically gives LocalBini the following permission, subject to the User’s privacy and application settings: the User grants LocalBini a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that the User posts on or in connection with Third Party Identity Providers.
LocalBini may store, access and use such Content worldwide so that the Content is available through the Site, Services and Application.
Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be User Content for all purposes of these Terms. Depending on the Third Party Identity Provider, the Users choose and are subject to the privacy settings that the Users have set in such Third Party Accounts, personally identifiable information that the Users post to their Third Party Accounts may be available on and through the User’s LocalBini Account on the Site, Services and Application. If a Third Party Identity Provider becomes unavailable or the Users agree that in case a Third Party Identity Provider Account is terminated by the Third Party Identity Provider, the User will no longer be able to access the LocalBini Site, Services and Application.
The User’s LocalBini Account and the User’s LocalBini Account profile page will be
created for the User’s use of the Site and Application based upon the personal information the
User provides to us or that we obtain via a Third Party Identity Provider as described above. The
User may not have more than one (1) LocalBini Account.
The User agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. LocalBini reserves the right to suspend or terminate the User’s LocalBini Account and the User’s access to the Site, Application and Services if the User creates more than one (1) LocalBini Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
We make no effort to review any Content provided to us via the User’s Third Party Identity Provider for any purpose, including but not limited to accuracy, legality or non-infringement and LocalBini is not responsible for any Content.
The Users are fully responsible for safeguarding their password, and agree that they will not disclose their password to any third party and that they will take sole responsibility for any activities or actions under their LocalBini Account, whether or not they have authorized such activities or actions. Users will immediately notify LocalBini of any unauthorized use of their LocalBini Account.
The registration on the LocalBini marketplace and the BiniBlog is free for all Users.
The BiniGuide who offers experiences over the LocaBini marketplace is charged a 19% service fee on the entire transaction amount. LocalBini pays VAT on its service fee.
The User understands and acknowledges that all experience listings are denominated in the local
currency of the listing.
LocalBini, in its sole discretion, rounds up or rounds down amounts that are payable from or to BiniGuides or Guests to the nearest whole functional base unit in which the currency is denominated.
Some BiniGuides may pledge to donate a portion of the funds they receive from their income generated via the Site, Application and Services to a particular cause or charity. LocalBini does not take any responsibility or liability for whether the BiniGuide does in fact make the donation he or she pledged to make. In such cases, the BiniGuide in question is responsible for his or her own compliance with all laws and regulations applicable to such pledges and/or fund-raising.
Guests can pay for experiences with their credit card. The charge is executed within 24 hours after
the end of the experience.
BiniGuides will be credited their earnings to their LocalBini User Balance 24 hours after the end of the experience. If the balance is positive, at any time, the User can request a withdrawal to the User’s personal bank account, which has to be provided on the LocalBini marketplace. The bank account has to be located in the Single Euro Payments Area.
All withdrawal requests are currently manually executed on the 25th of each month. It may take up to 7 working days until the withdrawal is booked on the BiniGuides’s personal bank account. The service fee can be modified at LocalBini’s sole discretion. BiniGuides will be notified on any such modification in advance before LocalBini updates these terms.
LocalBini with its LocalBini marketplace is purely a technical counterparty that allows the Guest to
request an experience from a BiniGuide. The BiniGuide has the sole power of control to accept or
reject the booking request from the Guest. If the BiniGuide accepts the request of the Guest, a
contract is established exclusively between the BiniGuide and the Guest.
In order to give the BiniGuide the chance to get organized, the LocalBini marketplace provides organization tools such as a digital timetable to set availability on the marketplace. This tool is without obligation to be used. LocalBini is not an employer, work agent nor indirect employer. BiniGuides can use the marketplace any time and are not bound to any work-restrictions from LocalBini.
LocalBini is charging its fee to provide the marketplace interface and to act as a payment collection agent for the limited purpose of accepting payments from the marketplace’s Guests on behalf of the BiniGuides. This allows the BiniGuides to accept paperless payments.
LocalBini marketplace can decide which BiniGuides it accepts on the marketplace, but LocalBini has no influence on the content of the experience, as it is purely a technical counterparty and is not part of any transaction between the Guest and the BiniGuide.
We do not endorse any User or any Experience. The User understands that Images are intended only to indicate a photographic representation of the tour at the time the photograph was taken. Verified Images are therefore not an endorsement by LocalBini of any User or any Experience. Users are required by these Terms to provide accurate information, and although LocalBini may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Users, LocalBini does not make any representations about, confirm, or endorse any User or Users’ purported identity or background.
LocalBini’s vision is to be a marketplace, which reflects standards. By using this marketplace, the Users agree to:
If a User uses LocalBini marketplace and LocalBini’s websites, such as the BiniBlog, in a way that LocalBini thinks may be inappropriate, offensive or otherwise violates these terms, LocalBini may suspend the User’s use of the marketplace and LocalBini’s websites such as BiniBlog, and may take appropriate legal action.
LocalBini is not liable for false information provided by any User, nor is LocalBini liable for any
legal, tax or administrative issues arising on any User’s side.
Users agree that to the maximum extent permitted by law, the entire risk arising out of the Users’ access and usage of the LocalBini marketplace remains with the User.
To the fullest extent permitted by applicable law, LocalBini will not be liable for any incidental, special, exemplary or consequential damages or injury, including lost profits, loss of data, or loss of goodwill, service interruption, computer or mobile device damage or system failure or the cost of substitute products or services, or any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the LocalBini marketplace, the User’s use of the Experiences or posting of Experience listings, any communication, interactions or meetings with other Users of the Localbini marketplace, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Localbini has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
For the avoidance of doubt, LocalBini acts purely as a technical counterparty between a Guest and a BiniGuide, and is under no circumstances liable for any occurrence or incidents that happen between or with the Guest and the BiniGuide before, during or after the Experience takes place.
We understand that certain circumstances can lead to bookings that need to be cancelled by Users. By using LocalBini’s platform and services, Users agree to the Cancellation and Refund Policy .
We kindly ask the User to respect all of the User’s bookings and booking requests at all times.
Users agree to use LocalBini experience marketplace and LocalBini’s websites such as BiniBlog
at their sole risk. It is provided “as is” without any warranty of any kind. The Users
are exclusively responsible for all communication and interactions on the LocalBini experience
LocalBini does not make any attempt to verify statements of Users and has no obligation to review and experience listings.
LocalBini does not make any representations or warranties as to the conduct of User or quality and safety of experiences available on the marketplace.
Notwithstanding LocalBini’s appointment as the collection agent of the BiniGuide for the limited purpose of accepting payment from Guests on behalf of BiniGuides, LocalBini explicitly disclaims all liability for any act or omission of any User or related to any experience listing.
Users acknowledge and agree that, to the maximum extent permitted by law, Users assume the entire risk arising from the access and the use of LocalBini marketplace, the User’s participation in experiences on the LocalBini marketplace, and any contact among Counterparties whether in person or online.
LocalBini is not involved in creating, producing or delivering experience listings, and will not be liable for any damages arising out of and in connection with LocalBini marketplace or the User’s participation in any experience, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory.
BiniBlog is an additional website to the LocalBini marketplace that provides inspirational content
for Users. LocalBini does not guarantee that the information provided on the BiniBlog is to date and
correct, also no representations or warranties of any kind, expressed or implied, about the
completeness, accuracy, reliability, suitability or availability with respect to the BiniBlog or the
information, products, services, or related graphics contained on the BiniBlog for any purpose.
Any reliance the User’s places on such information is therefore strictly at the User’s own risk.
In no event is LocalBini liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this BiniBlog. LocalBini strongly recommends having a backup of photos and written content prior to uploading it onto the BiniBlog. Material or comments may be moderated or removed for foul language and commercialized promotional posts. Links to adult content, pages with links to adult content, counterfeit documents or material describing anything against internationally accepted laws will be removed as soon as appropriate.
Fictitious names of companies, products, people, characters, and/or data mentioned on the BiniBlog are not intended to represent any real individual, company, product, or event.
The User agrees to release, defend, indemnify, and hold LocalBini and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with the User’s access to or use of LocalBini experience marketplaces, User’s violation of these terms, or User’s listing or booking of any experience.
If any provisions in these terms are held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.
The LocalBini marketplace and LocalBini’s websites such as the BiniBlog may contain hyperlinks to websites operated by parties other than the LocalBini marketplace. Such hyperlinks are provided for the User’s reference only. LocalBini does not control such websites and is not responsible for their contents or the privacy or other practices of such websites. Further, it is up to the User to take precautions to ensure that whatever links the User selects or software the User downloads (whether from LocalBini Website or other websites) is free of items such as viruses, worms, Trojan horses, defects and other items of a destructive nature. LocalBini’s inclusion of hyperlinks websites does not imply any endorsement of the material on such websites or any association with their operators. In some case, Users may be asked by a third party site to link their profile on LocalBini to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.
The User guarantees to hold the right to post any content (photograph, text, etc), in any form on the LocalBini marketplace and its websites such as the BiniBlog. If the User is not the copyright holder of the content (photograph, text, etc), the User must ensure that it is content in the public domain, or that the User has permission to use the content.
LocalBini can update these terms at any time without prior notice. If these terms are modified, an
email will be circulated to all Users registered on the LocalBini platform. By continuing to access
or use LocalBini after LocalBini has posted a modification, Users are indicating that they agree to
be bound by the updated terms. If the modified terms are not acceptable to the User, the
User’s only recourse is to stop using LocalBini.
The User ensures that the provided email address on the marketplace is accurate. LocalBini is not liable if the User provides an invalid email address.
For all inquiries regarding the terms set above, you may reach us during office hours at our Head Office in St. Gallen, Switzerland. (Mon-Fri 9am - 6pm CET) under following email address: [email protected].
If any part of this Terms is determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability limitations set forth above,
then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and the remaining
provisions in these Terms and Conditions shall continue in effect.
The descriptive headings of the sections and subsections of this agreement are for convenience only, and do not affect this agreement’s construction or interpretation.
All these Terms and Conditions are governed by the laws of St. Gallen, Switzerland. The User hereby
consents to the exclusive jurisdiction and venue of courts in St. Gallen, Switzerland and stipulate
to the fairness and convenience of proceedings in such courts for all disputes arising out of or
relating to the use of LocalBini marketplace and its websites, such as the BiniBlog. The User agrees
that all claims against LocalBini or arising from or relating to LocalBini marketplace must be heard
and resolved in a court of competent subject matter jurisdiction located in St. Gallen, Switzerland.
The use of the LocalBini marketplace and its websites, such as the BiniBlog, is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, to this paragraph.