FlutterPads Traveler Terms & Conditions

Introduction

LocalOTA is a product name of LocalOTA LLC (“LocalOTA,” “we,” “us,” or “our”). References to “you” and “your” mean the traveler account holder and anyone included in a booking you make.

By providing your contact information or registering on FlutterPads, you are joining the “LocalOTA Reservations” system, which syncs your login, reservations, and settings across LocalOTA products.

Except where otherwise specified, we act only as an agent or sub-agent for all bookings we take and/or make on your behalf (including, without limitation, activities, home rentals, hotels, and transfers, collectively, the “Arrangements”). Your contract is with the individual service provider who is the principal or its agent (each, a “Service Provider”). Our service is to arrange for you to enter into a contract with the applicable Service Provider.

As an agent, we accept no liability relating to any contract you enter with Service Providers, to any services they provide, or to acts/omissions of any person connected with the Arrangement. Your booking is subject to these Agency Terms and the Service Provider’s own terms and conditions, which you must read and accept before booking. The Service Provider’s terms may limit and/or exclude its liability to you. Copies are presented before booking via our website.

You may purchase multiple Arrangements at the same time; prices are the sum of individual items, and such purchases do not constitute a package we organize or sell. Any reference to “packages” on our site refers to packages organized by third-party Service Providers; we are not the organizer or tour operator.

By creating an account or making a booking, you confirm that you (i) have read and agree to these Terms, and (ii) consent to our use of your information per our Privacy Policy.

1) Eligibility; Account; Prohibited Use

You must be at least 18 years old and have legal capacity to agree. You are responsible for maintaining the accuracy of your account data and the security of your credentials. You agree not to: (a) impersonate another person; (b) interfere with or abuse the platform; (c) attempt to circumvent fees, policies, or availability; (d) make speculative, false, or fraudulent bookings; or (e) engage in any unlawful activity. We may suspend or terminate accounts for suspected fraud, abuse, or policy violations.

2) Booking & Payment; Merchant of Record

When you request to book an Arrangement, you represent that you have authority for all travelers on the booking. To confirm an Arrangement, you must pay a non-refundable deposit, partial payment, or full payment as required by the Service Provider, plus any applicable insurance, fees, and taxes. Your booking is confirmed when we send a Booking Confirmation email containing a valid reservation ID.

Who charges your card: Our preferred model is that the Service Provider charges you directly. In some cases, LocalOTA may act as the merchant of record and collect payment. If we act as merchant of record, we process payments and any eligible refunds strictly per the Service Provider’s policy and cannot waive Service Provider fees. By providing a payment method, you authorize charges for deposits, balances, instalments, and permitted reattempts on or after the due date(s). Your bank/card issuer may apply foreign transaction or other fees.

If you pay a deposit, you must pay your remaining balance by the due date listed in the Booking Confirmation. Failure to pay may result in cancellation by the Service Provider per its policy and applicable cancellation fees. It is your responsibility to ensure timely payment.

3) Prices, Availability & Errors

Prices and availability may change at any time. We endeavor to ensure accuracy, but obvious mistakes may occur. If the correct price is lower than stated at the time of booking, you will be charged the lower amount; if higher, you may be presented the updated price and may choose whether to proceed. If a booking is confirmed based on an obvious error that you could reasonably have recognized, the Service Provider may cancel and refund sums paid.

4) Content, Facilities & Seasonal Variations

We rely on information provided by Service Providers. Facilities, services, and amenities (including but not limited to air-conditioning, spa access, sports, sun-loungers, safety boxes, TVs) may be unavailable, seasonal, or payable locally. Low occupancy, maintenance, weather, or local demand may affect availability. Any complaints about services/facilities should be directed to the Service Provider.

5) Data Protection & Communications

We use your information to process bookings, prevent fraud, and contact you about your reservations or our services, per our Privacy Policy. You may unsubscribe from marketing emails via the link provided. Transactional emails related to bookings are not marketing and will continue as necessary to provide services.

6) Amendments by You; Non-Refundable Items

Amendments must be requested through your account or directly with the Service Provider and are subject to the Service Provider’s terms and fees (which may be up to 100% and typically increase closer to arrival). Certain rates/items are sold as Non-Refundable/Non-Changeable and require full payment at purchase; for these, no changes are permitted and cancellation fees may be 100%.

7) Cancellations by You; No-Shows (Timestamp & Time Zone)

If you cancel, you are responsible for any Service Provider cancellation fees. If your initial payment does not cover those fees, you authorize us (or the Service Provider, as applicable) to charge the balance to your payment method. A no-show is treated as a cancellation without refund unless the Service Provider states otherwise.

Cancellation Timestamp: The effective time of your cancellation is the time your request is received (i) through the designated cancellation path in your account/confirmation link, or (ii) by the Service Provider through its stated contact method—whichever applies to your booking.

Time Zone: All cancellation deadlines and timestamps are measured in the local time of the property/provider listed on your confirmation, not your home time zone.

8) Changes & Cancellations by the Service Provider

Service Providers may change or cancel Arrangements. They will endeavor to inform you as soon as reasonably practicable. We are not liable for Service Provider changes/cancellations or related costs you incur. Remedies, if any, are as stated in the Service Provider’s terms.

9) Taxes, Fees & Currency

Local governments may impose additional taxes (e.g., city/tourist taxes) payable directly at the property; amounts and rules may change. Multi-currency bookings may be subject to exchange-rate movements and third-party conversion fees at payment/refund time. Minor rounding differences may occur.

10) Ratings & Room Allocation

Star ratings and descriptions are guides provided by Service Providers and may vary by jurisdiction or be unavailable. Room proximity or specific location cannot be guaranteed unless expressly confirmed by the Service Provider.

11) Building Works & External Disruptions

Maintenance/renovation (and associated noise) may occur at or near a property. Municipal or third-party works are outside the control of the Service Provider and LocalOTA.

12) User Content & Intellectual Property

If you submit reviews, photos, or other content, you grant LocalOTA a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, display, adapt, and distribute that content to operate, promote, and improve the services. You represent you have rights to the content and that it does not infringe others’ rights or violate law. We may remove content that violates policies or law. To request removal, contact Support.

13) Our Role; Disclaimers (Pass-Through)

Unless expressly stated otherwise, LocalOTA LLC (“LocalOTA”) provides a pass-through booking technology and agency service only. We do not own, manage, operate, control, or supply the accommodations, activities, transportation, or other services you book (each a “Service Provider”). LocalOTA is not a party to your contract with any Service Provider and does not supervise or direct their personnel, policies, pricing, availability, safety practices, maintenance, or compliance with laws.

To the maximum extent permitted by law, the platform, listings, and related content are provided “as is” and “as available,” without warranties of any kind, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, non-infringement, accuracy, or availability. Without limiting the foregoing, LocalOTA does not warrant and disclaims responsibility for: (a) property condition, cleanliness, safety, or accessibility; (b) amenities, services, or descriptions; (c) overbookings, relocations, cancellations, or schedule changes by Service Providers; (d) travel disruptions, force majeure, or acts/omissions of third parties; (e) compliance by Service Providers with health, safety, accommodation, consumer, or other laws; or (f) third-party content, links, or services referenced on the platform. Travel insurance is strongly recommended.

14) Liability Allocation (Zero-Liability for Reservations)

14.1 Agency Bookings (Service Provider charges you directly). To the maximum extent permitted by law, LocalOTA shall have no liability whatsoever (whether in contract, tort, statute, or otherwise) arising from or relating to any reservation, Arrangement, stay, activity, transportation, or other service provided—or not provided—by a Service Provider, including without limitation any personal injury, property damage, losses, costs, fees, taxes, penalties, incidental, special, consequential, exemplary, or punitive damages. Your sole recourse is against the applicable Service Provider under its terms and applicable law.

14.2 Merchant-of-Record Bookings (LocalOTA collects payment). Even where LocalOTA acts as merchant of record for payment collection/remittance, LocalOTA remains a pass-through as to the underlying services. LocalOTA bears no liability for Service Provider performance, availability, quality, safety, legality, or compliance, and cannot waive Service Provider fees or policies. LocalOTA’s role is limited to processing payments/refunds strictly per the Service Provider’s stated policy and applicable law.

14.3 No Indirect or Special Damages. To the maximum extent permitted by law, LocalOTA will not be liable for any indirect, incidental, special, consequential, exemplary, multiple, or punitive damages, or for lost profits, lost revenue, business interruption, data loss, loss of goodwill, or reputational harm, even if advised of the possibility of such damages.

14.4 Residual cap

Nothing in these Terms excludes or limits liability that cannot be excluded under applicable law. Without limitation, this section does not apply to: (i) our own fraud, intentional misconduct, or willful violation of law; (ii) death or personal injury caused by our negligence where such limitation is prohibited; or (iii) any other non-waivable statutory right.

Subject to the foregoing, LocalOTA's total aggregate liability for all claims arising from or related to any booking is limited to the amount of platform/service fees (if any) you paid directly to LocalOTA for that specific booking, and in all cases shall not exceed USD $100 (or equivalent), excluding amounts paid to or for Service Providers, taxes, and third-party processor fees.

14.5 No special or indirect damages

To the maximum extent permitted by law, LocalOTA will not be liable for any indirect, incidental, special, consequential, exemplary, multiple, or punitive damages, or for lost profits, revenue, goodwill, data, or business interruption, even if advised of the possibility of such damages.

14.6 Claims period

Any claim against LocalOTA must be filed within one (1) year after the event giving rise to the claim, or such claim is permanently barred, unless a longer period is not lawfully subject to reduction.

15) Indemnity

You agree to indemnify and hold harmless LocalOTA and its affiliates, officers, directors, employees, and agents from and against claims, damages, losses, and expenses (including reasonable legal fees) arising out of (a) your breach of these Terms or the Service Provider’s terms, (b) your misuse of the services, or (c) your violation of law or third-party rights.

16) Dispute Resolution; Arbitration; Class-Action Waiver

Informal Resolution. Before filing a claim, you agree to first contact our Support to attempt to resolve the issue informally.

Arbitration. If not resolved within 30 days, disputes will be resolved by binding arbitration administered by JAMS under its applicable rules. The seat of arbitration is Los Angeles County, California, and California law governs (without regard to conflict-of-laws rules), except to the extent preempted by federal law (including the Federal Arbitration Act). The arbitrator may award individual relief only.

Class-Action/Jury Waiver. You and LocalOTA agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. You waive the right to a jury trial.

Opt-Out. You may opt out of arbitration/class waiver within 30 days of accepting these Terms by sending written notice to the address at PO Box 1023 San Clemente, CA 92674 United States; your opt-out will not affect prior agreements to arbitrate.

17) Force Majeure

Neither LocalOTA nor a Service Provider is responsible for failure or delay caused by events beyond reasonable control (including severe weather, natural disasters, acts of government, labor disputes, power failures, network outages, pandemics/epidemics, or similar events). Force majeure does not automatically entitle you to a refund; the Service Provider’s policy applies.

18) Changes to Terms; Termination

We may update these Terms from time to time. Material changes will be posted with an updated effective date. Continued use after changes take effect constitutes acceptance. We may suspend or terminate your account or access for any breach or suspected misuse. Sections that by their nature should survive termination will survive (including payment obligations, disclaimers, limitations of liability, indemnity, dispute resolution, and general provisions).

19) Notices; Contact

We may provide notices via email to your account address or through your account dashboard. You agree to keep your contact details current. For assistance, visit Support. Legal notices to LocalOTA LLC should be sent to the address at PO Box 1023 San Clemente, CA 92674 United States.

20) Governing Law; Venue

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules, and subject to the arbitration agreement above. For any claims that can proceed in court, the exclusive venue is the state and federal courts located in Los Angeles County, California.

21) Miscellaneous

If any provision is held invalid, the remainder remains in effect (severability). You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or asset sale. No waiver of any term is a continuing waiver. Headings are for convenience only and do not affect interpretation.

Please note that, while we are not a party to rental transactions and assume no liability for a Service Provider’s legal or regulatory compliance, we may be legally obligated to provide information to governmental bodies in connection with investigations or legal proceedings, and may do so in our discretion as required by law. For privacy practices, see our Privacy Policy.