Terms & Conditions
Last Updated: October 31, 2018
These terms and conditions (the “Terms”) are applicable between Local Insiders (by Silke Wolf), having offices at Löberenstrasse 10, 6300 Zug, Switzerland (“LIBSW”, “we”, or “us”) represented by Mrs. Silke Wolf, and the customer (the “Customer” or “you”).
LIBSW is a Swiss business which connects travelers (and/or their travel planners on their behalf) seeking a unique experience with like-minded locals who can provide privileged access otherwise not available to the general public, provide a glimpse behind the scenes or just act as their local well-informed friend (“Local Insider”).
The Customer would like to use the Services of LIBSW to arrange an Experience designed just for them.
“Services” means the services to be provided by LIBSW of (a) matching the Local Insider and the Customer, (b) curating, proposing, and tailoring of an Experience designed just for the Customer, and (c) acting as an intermediary between the Customer and the Local Insider by taking care of the entire communication and facilitating of all payments.
“Experience” means a unique or unusual cultural or entertainment experience to be provided by the Local Insider in the destination country.
“Additional Local Services” means any additional services provided in the country in which the Experience will be provided, including without limitation, local transport, and restaurants.
3. Application of the Terms
The Terms apply to the exclusion of any other terms and conditions, except as otherwise agreed. The Terms which will apply to your booking are the edition in force available on our website and referenced in our confirmation at the time of entering into the Contract.
All offers on our website or proposals are non-binding and subject to availability and confirmation as provided in the Terms.
4. Deposit, Price, and Payment
After a preliminary chat by email, phone or on Zoom, we will ask you to send us your written request for us to proceed with the Services. A binding contract between you and us for the provision of the Services will be formed when we issue our confirmation that we can help you with your request, accompanied by an invoice for a non-refundable deposit of USD 500 as a design fee, which will be payable within 7 days of the date of the invoice, and we will only be obliged to start performing the Services, if we have received the deposit within the 7 day period. This deposit will be deducted from the total price due if you proceed with the booking. In case you later do not want to proceed with the booking for whatever reason (except due to our fault), the deposit will not be refundable. We may ask you for a larger deposit, if your request is likely to require more than the usual amount of time due to its nature and complexity, or involves a tight deadline, which might make it more difficult to plan a bespoke Experience.
On receipt of the deposit, LIBSW will first identify a suitable Local Insider and share his profile and preliminary ideas regarding a tailor-made experience just for you, with you. We handpick all suitable Local Insiders for the access they can provide and their stories, and the Experiences they offer are curated and custom-made just for you. If you confirm your desire to proceed with the booking, we will prepare and submit to you a booking proposal with a more detailed bio of the Local Insider and a description of the proposed Experience as well as the total price.
On receipt of the proposal, you must indicate whether you have any comments or alternatively confirm that you wish to proceed with the booking, which authorizes us to make the booking with the Local Insider on your behalf on the terms stated in the proposal (except for the Local Insider’s remuneration, which will be paid directly by LIBSW).
Once you confirm that you wish to proceed with the booking of the Experience, you commit to pay the entire price, after deduction of the deposit. We will send you a corresponding invoice and payment is due within 7 days of the date of the invoice. Once we have received your full payment, we will confirm the final booking with the Local Insider and send you a final booking confirmation. Please note: A booking is only valid after you have received the final booking confirmation. Proposals are generally valid for a period of 14 days. However, certain Local Insiders are in very high demand, and if it is no longer possible to make the booking, we will return any payment received from you. We will only pay the Local Insider once he or she has provided you with the Experience unless he or she requires us to prepay a certain amount to provide the Experience, in which case this will be stated in the proposal.
Payments can be made by a bank transfer or credit card payment to our bank account as detailed on the invoice.
5. Warranty of Services and Experience; Additional Local Services
We warrant that we will use reasonable skill and care in the performance of the Services, including in the selection of the appropriate Local Insider and in our evaluation that they have the skills to provide the Experience. Once you have received the booking proposal, you may request adjustments or refuse to book the proposed Local Insider if his or her profile or experience is not to your satisfaction.
We have obtained a warranty from the Local Insider on your behalf that the Local Insider will use reasonable skill and care in the performance of the Experience and in particular that the Local Insider has the necessary skill and experience to provide the Experience and will arrive on time (subject to events outside his or her control). If you believe the Local Insider has not provided the Experience in accordance with the confirmed proposal for any reason, you must inform us by email, as soon as possible and in any case not more than 48 hours from the scheduled date of the Experience, providing full details and any available evidence, so that we can take the matter up with the Local Insider on your behalf.
No warranty is given for any Additional Local Services, as these are completely outside our control.
No other warranties are provided and any warranties otherwise available at law are excluded, to the maximum extent permitted by law.
No additional charges will be incurred for slight changes such as a minor change in starting time (provided that such changes can be easily accommodated by the Local Insider). However, if the change in date or time causes significant extra work or leads to a need to find another suitable Local Insider, an additional flat fee of CHF 100 for our time and expenses will be incurred in addition to the price of a confirmed booking unless otherwise stated. Also, you would be required to reimburse any additional costs arising from such change (for example, increased group size or higher priced venue).
Any changes proposed by you and accepted by the Local Insider will not give any entitlement to a refund without our prior written consent, including without limitation removing modifying any element of the Experience, or shortening the itinerary.
You may not bring any additional individuals who were not specifically included prior to the booking confirmation, without our prior written consent.
7. Local environment, special requests, and health condition
You are responsible for complying with any applicable local laws. You are aware that health and safety laws, regulations and standards may be less rigorous than those in your home country. If you have any special request or a relevant physical or other condition, which may affect your ability to fully or safely participate in the Experience, including but not limited to food allergies, you must inform us as soon as possible so that we can make any necessary arrangements with the Local Insider or advise you of the feasibility of participation, before any booking is made. It is your responsibility to be aware of all recommended vaccinations and health precautions.
Any cancellations by you require a written confirmation. Cancellations of confirmed bookings made more than 60 days in advance of the planned Experience date will receive a full refund, less the deposit. Cancellations of confirmed bookings made more than 30 days in advance will receive a refund of 50% of the full amount less the deposit. Cancellations of confirmed bookings less than 30 days before the planned Experience do not qualify for any refund. You will also be liable for any costs relating to commitments we have made relating to the Experience (e.g. rental of premises), which we cannot cancel without incurring such costs.
In the event that we have to cancel your booking for any reason other than any circumstances beyond our reasonable control, we will refund to you the full price paid by you for your booking No additional compensation will be paid.
9. Circumstances beyond our reasonable control and improper customer behaviour
We will not pay compensation or accept any liability where any change is due to circumstances outside our reasonable control, including (without limitation) illness, accident, unscheduled closure of sites of interest, adverse weather conditions, transport delays, equipment failure, strikes or other industrial action, war, civil disorder, malicious damage, compliance with any law or governmental order or regulation, terrorism, or threats to health or safety.
You acknowledge the considerable efforts that we invest in providing the Services. You will not take any action to circumvent the purpose of the Terms, including without limitation, making any arrangements directly with the Local Insider without our advance approval. You are responsible for your behaviour and that of your party. We and the Local Insider will have the right to refuse to provide the Experience in accordance with your booking if you or any member of your party is drunk or under the influence of drink or drugs; if we reasonably believe that you are in unlawful possession of drugs; are behaving violently, disruptively, dangerously or irresponsibly or in any manner whatsoever which presents a risk to others or is causing a nuisance or annoyance to others. No refund will be given or compensation paid and no costs or expenses for which you become liable or which are incurred by you will be made by us or be recoverable by you from us in such circumstances. You will indemnify us and the Local Insider against any resulting damages or costs incurred by us, or the Local Insider.
It is your responsibility to ensure you have in place appropriate insurance cover, including for sickness, death or personal injury.
11. Warranties and Limitations of Liability
Our obligation is limited to using reasonable skill and care in performing the Services, though if you are dissatisfied we will endeavour to find a mutually acceptable solution. The Local Insider providing the Experience directly to you is a local contractor entirely independent from us. If you are able to demonstrate to us that the Local Insider has negligently caused you damage or loss, or has not provided the Experience in accordance with the confirmed proposal, we will pay you as compensation on behalf of the Local Insider an appropriate amount as full and final compensation for any claims against the Local Insider or us, not to exceed 30% of the price. We will have no further liability for the Local Insider’s actions or inactions, whether in connection with the Experience or otherwise.
Neither party shall be liable to the other party for any loss of profit or revenues, loss of contract, loss of opportunity or any financial or economic loss, whether direct or indirect, of whatever nature (under any legal theory, including tort or negligence). Our overall liability to you cannot exceed the price.
However, this limitation of liability clause shall not apply in the event of death or bodily injury caused by our negligence or if otherwise not permitted by applicable mandatory laws.
Any reference to notices or information being supplied in written form includes email communications.
If any part of the Terms is found to be invalid or unenforceable, then the remainder of them will not be affected and will remain valid and enforceable.
13. Applicable law and jurisdiction
The contract between us will be governed by the laws of England.
Any dispute, controversy or claim arising out of or in relation to this contract, including the validity, invalidity, breach or termination thereof, shall be submitted to mediation in accordance with the Swiss Rules of Commercial Mediation of the Swiss Chambers‘ Arbitration Institution in force on the date when the request for mediation was submitted in accordance with these Rules. If the dispute has not been settled pursuant to the said Rules within 45 days following the filing of a Request for Mediation or within such other period as the parties may agree in writing, such dispute shall thereafter be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with the said Rules of Arbitration. Any claims are time-barred if they have not been submitted to the procedure outlined in this clause within 180 days of the event giving rise to the claim.