• The LocalOTA Platform

1. Please read these terms (the “Terms”) carefully as they govern your use of the LocalOTA system, FlutterPads (the “Website”), and the booking system, apps, tools, platforms or other devices on which our services are made available to you (together, the “Platform”) and set out your obligations to BSGSB Ltd, the owner and operator of the Platform, (and referred to in these Terms as “us”, “we”, “our” or “LocalOTA”) and your additional obligations to users booking Service through the Website (“Guests”).
2. By registering as a Service Provider with the Platform, you confirm your acceptance of these Terms. Where we refer to “you” in the Terms, we mean the Operator of the Service registered on the Platform. The individual who completes this agreement ("Agreement") hereby warrants and represents that he/she has full authority and permission of the Service Operator to bind the Service Operator to these Terms.
3. We may vary the Terms from time to time and shall post such alterations on the Service’s Extranet with at least a month’s notice. If you do not agree to the changes made to the Terms, then you have the right to stop using the Platform, and should do so immediately by deactivating your business on the Website and writing to us at [email protected]. Your continued use of the Platform after the date the changes have come into effect will constitute acceptance of the amended Terms.
4. You may terminate this Agreement at any time with 14 days written notice, but you agree that if you choose to terminate this Agreement you will be obligated to comply with these Terms in full in relation to any outstanding Bookings which have been made but have not yet completed.
5. By providing your contact information or registering on the LocalOTA platform, you are joining the "LocalOTA Reservations" system. This service syncs your login credentials, your reservations and your settings across all of LocalOTA's products.

 

• Definitions

1. “Listing” means the lodging or activity made available by the Service Provider to Guests through the Platform.
2. “Booking” means a booking for a Listing made by a user of the Website.
3. “Guest” has the meaning set out in clause 1.1.

 

• Registration procedure

1. To register as an Service Provider with the Platform you should follow the registration steps set out on the Website.
2. The Service Provider warrants that all information it provides for inclusion on the Platforms (including pictures, photos, video and descriptions), its amenities and services and the activity or rooms available for reservation, details of the rates (including all applicable taxes, levies, surcharges and fees) and availability, cancellation and no-show policies and other policies and restrictions (the "Service Information") shall be true and accurate and not misleading.
3. Service Information must not contain any telephone, fax or email address or social media websites (such as Twitter or Facebook) which have contact details for the Service Provider. We reserve the right to edit or exclude any information on becoming aware that it is incorrect or incomplete or in violation of the terms and conditions of this Agreement.
4. The Service Provider shall ensure that the Listing Information is correct and up-to-date at all times, including additional availability of inventory. The Service Provider shall update the Listing Information on a regular basis (or such more frequent basis as may be required).
5. We will provide you with a user ID and password which allows you to access our extranet. You agree to safeguard and keep the user ID and password confidential and safely stored and not disclose it to any person other than those who need to have access to the extranet. You agree to immediately notify us of any security breach or improper use.

 

• FlutterPads Fees

1. FlutterPads charges a 5.00% commission for each lodging reservation made on the site.
2. These fees will be charged monthly based on the previous month's inventory and reservations.

 

• Bookings

1. We shall provide you with the booking details and credit card details provided to us by our users. We are not responsible for the accuracy or completeness of any information provided by users.
2. LocalOTA is not party to any contract or arrangement entered into between Guests and the Service Provider, and consequently shall not be liable for payment (or non-payment) of Service costs, or any liability whatsoever in relation to any damage or loss caused by Guests.
3. Should the Service Provider have any complaint or dispute with Guests, the only remedy shall be direct with the Guests. LocalOTA does not provide any mediation services.
4. The Service Provider agrees that it is bound to provide the Service requested in the Booking according to the rates and conditions set out at the time of the Booking. In the event that the Service Provider finds itself over-booked or unable to provide the Service for any other reason, it shall be the sole obligation of the Service Provider to arrange alternative Service of the same or higher quality as close as possible to the original location, and covering all additional costs, including transfers, which may result.
5. The Service Provider shall not charge any further fees for providing those services specified in the Booking (such as credit card fees, surcharges or other costs which were not disclosed at the time of Booking).

 

• Guest cancellation policy

1. You must provide us with your cancellation and no show policy. We will make this available to Guests on the Website and in the Booking. You should provide us with any amended or updated version of your policy, but you will be obligated to abide by the terms of any existing policy that has been provided to Guests in earlier Bookings until such time as we have updated your cancellation policy on our Website.
2. Guests may cancel their reservation for up to 24 hours after the reservation is confirmed and receive a full refund, regardless of the cancellation policy that otherwise applies to the reservation. This only applies to reservations that were confirmed at least 72 hours before check-in.
3. If a Guest fails to arrive and meet their Booking (a no-show) or cancels the Booking in breach of your cancellation policy, you agree to charge the Guest the cancellation fee set out in that policy.
4. If a Guest makes contact with the Service Provider requesting to cancel their Booking, you must inform the Guest to cancel the Booking, or cancel the booking on their behalf, via the LocalOTA system.

 

• Guest payments

1. If the Service Provider accepts credit cards as a form of payment, it is the responsibility of the Service Provider to verify the validity of credit card details and to pre-authorise the credit card, if applicable.
2. If a credit card is not effective or valid for any reason, this shall be at the risk and for the account of the Service Provider. The Service Provider must notify the Guest and give them an opportunity to guarantee the Booking in an alternative manner. If the Guest does not comply, the Service Provider may cancel the Booking.
3. If the Service Provider wishes to take payment from the credit card before the check-in date, it must ensure that its advance payment conditions are clearly explained to Guests in the information made available to the Guest prior to making a booking and included in the Service Information.
4. Service Providers should charge credit cards in the same currency as set out in the booking. If this is not possible, the Service Provider may charge the credit card of the Guest in a different currency using a fair and reasonable exchange rate.
5. The Service Provider must comply with the requirements of the Payment Card Industry ("PCI") Data Security Standard as provided by the major credit card companies from time to time.
6. The Service Provider is responsible for the security of cardholder data it processes under this Agreement.

 

• License

1. The Service Provider grants to LocalOTA a non-exclusive, royalty free and worldwide right and license to use, reproduce, have reproduced, process, distribute, sublicense, display and utilize (including without limitation to publicly perform, modify, adapt, communicate, reproduce, copy and make available to the public in any manner whatsoever) the Service Information.
2. We may sublicense, make available, disclose and offer the Service Information on the Platform and in collaboration with the websites, applications, platforms or other devices of affiliated companies and/or third parties on the same terms and conditions as provided in these Terms.

 

• Reviews

1. You understand and agree that we may ask Guests to review the services you have provided and that we may use such review for any purpose, including providing such review to prospective Guests and/or posting such review to the Website.
2. You acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, such reviews is our property, and nothing in the Terms shall be taken to transfer any such intellectual property to you. In particular, you may not use all or any part of a review for any purpose outside of the LocalOTA Platform without our written permission.
3. We reserve our right, but shall not have an obligation, to monitor or edit Guest reviews. We shall be under no obligation to remove or edit any review at the request of a Service Provider. You further agree that we shall have no liability in relation to the publication of any review.
4. If review comments fall outside our guidelines we may choose to remove the offending comments from the review but to leave the score, or reject the entire review, and we may offer the Guest another opportunity to review.

 

• PPC and online marketing

1. You agree that we may use details of your Service and, if applicable, the name of the Service Provider in online and PPC (pay per click) marketing.

 

• Disclaimers

1. We are not obligated to make available the Platform services to you and we reserve the right to remove any Service Provider from our Platform at any time and for any reason, at our discretion.
2. We make no warranty that the Platform will provide an uninterrupted service or be error free, or that any defects will be identified or corrected. While we take steps to prevent misuse of our systems, we cannot warrant that the Platform will be free of viruses or other malicious code and accept no liability for loss or damage caused from the transmission of such code. We recommend that you always use up-to-date firewalls and anti-malware software to protect your equipment and data.
3. We make no warranty as to the Guests we may refer to you and are not liable for any loss or damage you may incur as a result of a Guest reservation, including without limitation any failure by the Guest to pay you.
4. LocalOTA acts as an introducing agent and is not a party to any contract made between you and the Guest. You will be responsible for all legal and regulatory requirements relevant to your contract with your Guest.

 

• Limitation of Liability

1. Nothing in the Terms shall exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
2. If you are dissatisfied with the LocalOTA Platform, or these Terms, your remedy shall be to discontinue your use of the LocalOTA Platform.
3. Other than as set out above, we shall not be liable in contract, tort, negligence, statutory duty, misrepresentation, or otherwise for any loss or damage whatsoever arising from or in any way connected with the Terms or your use of the LocalOTA Platform.
4. Except as expressly set out in the Terms, all conditions, warranties and obligations which may be implied or incorporated into the Terms by statute, common law, or otherwise and any liabilities arising from them are expressly excluded to the extent permitted by law.
5. We shall not be liable for any loss of business, loss of profits, business interruption, loss of business information, or any other economic loss.
6. In the event that any relevant limitation or exclusion of liability in the Terms is not enforceable, then our liability to you shall not exceed the lesser of (i) the amount paid or payable under your contract with the Guest (if the dispute relates to a Guest matter) and (ii) $500 in aggregate, in respect of all matters concerning or arising out of your use of the LocalOTA Platform.

 

• Intellectual Property Rights

1. You acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, the LocalOTA Platform (the “Intellectual Property“), including the manner in which LocalOTA is presented or appears and all information and documentation relating to it, is our property (or that of our licensors), and nothing in the Terms shall be taken to transfer any of any Intellectual Property to you.

 

• General Terms

1. If any of the Terms are held to be illegal or unenforceable, such provisions shall be severed and the rest of the Terms shall remain in full force and effect.
2. The Terms constitute the entire agreement and replace any previous agreement or understanding (whether oral or written, express or implied) between us in respect of the matters contained or referred to in the Terms. Each of us agree that, in entering the Terms, we have not relied on and have no remedy in respect of, any representation, warranty or other provision (oral or written, express or implied) of any person which is not expressly set out in the Terms. The only remedy available in respect of any misrepresentation or untrue statement shall be a claim for breach of contract under the Terms. This paragraph does not operate to limit or exclude any liability arising from any fraudulent or dishonest statement, act or omission.
3. We reserve the right at all times to edit, refuse to post, or to remove from the Platform any information or materials for any reason whatsoever, and to disclose any information we deem appropriate to satisfy any obligation we may have under applicable laws, regulatory requirements, legal processes, or to satisfy any request of the police, government or any regulatory body.
4. You may not assign, transfer or sub-contract any of your rights under the Terms without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.
5. A person who is not a party to the Terms shall not have any rights to enforce any provision in the Terms.
6. No waiver by either of us shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us or you from acting upon any continuing or subsequent breach or default.
7. If these Terms appear in a language other than English, it is for reading purposes only, and the Terms will be valid according to the original English language version.
8. The Terms shall be construed and enforced in accordance with the laws of the State of California.