This document governs the General Conditions of Use (hereinafter “General Conditions”) of the Website registered under the domain www.localtuktuk.com (hereinafter “Website”), trademark belonging to Preserve Fantasy, Lda., private limited liability company with head-office at Rua Doutor Gomes Leal, 3ª, 2560-331 – Torres Vedras, Portugal, registered before the Commercial Registry Office under the single registration and tax number 513902910 (hereinafter “Local Tuk Tuk”).
The use of the Website automatically grants the condition of user (hereinafter “User”) to whom uses it and implies the knowledge and whole acceptance of the General Conditions. If you don’t fully accept any of the General Conditions you can’t use the Website.
Local Tuk Tuk, as lawful owner of the content of the Website, reserves the right to modify or update the General Conditions at any time without prior notice.
Please read these General Conditions carefully before using the Website.
1. WHAT WE DO
1.1. The Website is an online aggregator of tourism animation service providers operating in different European cities (hereinafter “Operators“) and providing tourism transportation services (hereinafter “Service“).
1.2. The purpose of the Website is to enable Operators to promote entering into Service agreements by facilitating the meeting between supply and demand through an aggregation platform available to all Users.
1.3. For each city we will have an Operator selected by us through which the Users can choose one of the Service within the various options presented in the Website.
1.4. Operators may also have their own websites, not having any connection with the Website. The descriptions of the characteristics of the Service presented herein are the sole responsibility of the Operators, and Local Tuk Tuk does not intervene in its content or writing.
1.5. The Website allows the Users to enter into Service agreements with the Operators as stated in these General Conditions.
1.6. Operators can’t provide passenger transportation Service through the Website.
2. SERVICE AGREEMENT
2.1. Through the Website, Local Tuk Tuk allows the promotion and execution of service agreements between Operators and Users that wish to do so by accessing the Website.
2.2. Local Tuk Tuk does not provide transportation Service of any nature, this being the sole responsibility of the Operator.
2.3. The only parties of the service agreement are the User and the Operator. Local Tuk Tuk shall be deemed to be a third party for the purposes of such agreement, being unrelated to any issues which may arise in connection therewith.
3. ACCESS TO THE WEBSITE
3.1. Notwithstanding any efforts to ensure the continued uninterrupted operation of the Website, Local Tuk Tuk shall not be liable if for any reason the Website becomes unavailable at any time or for a given period.
3.2. Access to the Website may be temporarily suspended without prior notice in case of system failure, maintenance or repair for reasons of force majeure.
4. USER CONTENT AND CONDUCT
4.1. Any content transmitted by the User to the Website, with the exception of data that is protected under the Privacy and Cookies Policy, will be considered non-confidential and non-personal. Local Tuk Tuk will have no responsibility for these contents.
4.2. Without prejudice to the Privacy and Cookies Policy, Local Tuk Tuk and all persons authorized by you may copy, disclose, distribute, incorporate or use such content, as well as all data, images, sounds, texts and other content for any and all commercial or non-commercial purposes.
4.3. The User is prohibited from transmitting, to or through the Website, any content that is:
(a) Threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, intimidating, scandalous, inconvenient, inflammatory or in breach of duty of confidentiality or privacy or that may cause disturbance;
(b) For whose access the User has not obtained the necessary licenses and/or authorizations;
(c) Which constitutes or incites conducts that may constitute crimes, give rise to civil liability or otherwise violate the law or the rights of third parties in any jurisdiction; or
(d) Likely to cause technical damage, in particular, computer viruses, logic bombs, trojan horses, worms, harmful components, data corrupted or liable to damage or any other harmful software.
4.4. The User is prohibited from using the Website in any way abusive ways, including, but not limited to hacking.
4.5. Local Tuk Tuk may be required to disclose to the legal authorities the identity or location of any User in violation of the above provisions by judicial decision.
5. LINKS TO OTHER WEBSITES
5.1. Links to other Websites may exist on the Website. Local Tuk Tuk is not responsible for those Websites, namely for their content, availability and performance.
5.2. By using those links you are leaving the Website. The risk of access to the third party Websites linked to the Website is the sole responsibility of the User.
6.1. Users must register on the Website in order to enter into the Service agreements.
6.2. The User is solely responsible for the information provided on the Website.
6.3. Each registration is awarded to a single User. The User is prohibited from transmitting the username and password to any third party or multiple network users.
6.4. The User is solely responsible for the protection of the access password assigned to him.
6.5. The personal data of the User will be processed according to the Privacy and Cookies Policy.
6.6. Registrations may be made by natural or legal persons. If a company is registered, it will be mandatory for the registration to include the name of the person who legally represents it.
6.7. No pseudonyms or false names are allowed, neither are bots or other automated software or electronic files with the function of replacing or impersonating a person.
6.8. Local Tuk Tuk reserves the right to remove any account created on the Website in which these principles are not observed.
7. CONDITIONS FOR ENTERING INTO THE SERVICE AGREEMENTS
7.1. Conditions for entering into the Service agreement with the Operator, contained in the Website, are defined by each Operator and by each specific Service.
7.2. Prices shown on the Website are the sole responsibility of the Operators who provide the Service.
7.3. Prices shown may vary according to the price policy of each Operator, without prior notice or any special reason that requires justification.
7.4. Each Operator may make promotions or offers applicable to the Service they provide.
7.5. Users may use the promotions or offers made available by the Operators, however that use is valid only for the Service of the Operator who made them available and/or under the conditions described in the promotion or offer.
7.6. Prices on the Website include the amount owed by the Operator to Local Tuk Tuk for the provision of the Service of the Operator through the Website, and Users shall not be liable to Local Tuk Tuk for using the Website.
7.7. Prices shown on the Website already include VAT at the legal rate in the country where the Service shall be provided.
7.8. By entering into the Service agreement, the User expressly accepts all the conditions described in the presentation of such Service, as well as these General Conditions.
7.9. In the case of Service agreements entered into with or for companies, the person or persons binding the company must be indicated.
7.10. The Operator has the right to reject entering into a Service agreement with the User in the event that he/she gives incorrect information during the process of entering into this Service agreement.
7.11. If the User puts himself/herself, other beneficiaries of the Service or third parties at risk, the Operator has the right to exclude him/her from entering into his Service agreements.
7.12. In none of these cases will the User be entitled to claim any refund of payments made to the Operator.
7.13. The User shall pay the Service provided by the Operator to Local Tuk Tuk through the means of payment indicated on the Website.
7.14. The Operator may not charge the Customer any amount other than the amount which Local Tuk Tuk charges through the means of payment indicated on the Website.
8. UNACCOMPANIED MINORS
8.1. Service can’t be provided to unaccompanied minors.
8.2. If you enter into a Service agreement whose use is intended for a minor, such minor must be accompanied by a person over 18 years old.
8.3. Local Tuk Tuk is not responsible for the User entering into a Service agreement whose use is intended for minors.
8.4. The Operator of the Service is responsible for the admission of Users and must verify if the participants comply with the requirements of the Website and other elements of the Service agreement entered into.
9. MONEY-BACK GUARANTEE
9.1. If the User is dissatisfied with the Service provided, Local Tuk Tuk undertakes to reimburse him/her the amount paid for such Service.
9.2. The User shall state the reasons for his/her dissatisfaction.
9.3. The reasons for dissatisfaction stated by the User will be relevant for purposes of improving the Service provided by Local Tuk Tuk and the Operator.
9.4. Notwithstanding the previous paragraphs, the Operator may set out other conditions of reimbursement with respect to the Service it provides.
9.5. In the description of the Service, the Operator has the duty to provide clearly the information regarding the reimbursement policy practiced.
10.1. The User may terminate the service agreement through the Website up to 24 (twenty four) hours before the scheduled time for its execution.
10.2. In the event that the User does not appear on the agreed date and place or terminates the service agreement in a term shorter than the term indicated in the previous number, Local Tuk Tuk will not reimburse such User.
10.3. Except as provided in the preceding paragraphs, the termination policy in force for each Service is set out by its Operator and made available on the Website.
10.4. Sometimes the termination policy of some of the Operators does not coincide with the termination policy of Local Tuk Tuk. In cases where it is difficult to enforce the termination policy announced by the Operator, the User shall immediately notify in writing, by e-mail, any occurrence, clearly explaining it and sending all information and documents related to the matter in his/her possession. Local Tuk Tuk will make the best efforts with the Operator so that any litigation with the User is resolved in a fair manner.
10.5. In the description of the Service, the Operator has the duty to provide clearly the information regarding the termination policy practiced.
11. AMENDMENTS TO THE SERVICE AGREEMENT ENTERED INTO
11.1. The Service agreement entered into through the Website may be amended for reasons related to atmospheric conditions or other unexpected or accidental circumstances.
11.2. When such situations occur, the User is entitled to reschedule the Service. If the User can’t reschedule the Service, he/she will be entitled to a reimbursement of the payment made.
11.3. The Operator will inform any amendments imposed on its Service on the Website up to 24 (twenty four) hours before the scheduled time for its execution.
11.4. In case of amendments to the Service agreement entered into, the User will receive an e-mail with the new information necessary for its execution, namely, date and place of execution.
12. EVALUATION SYSTEM
12.1. Users will be offered, through the Website and at the end of each trip, an evaluation system in which they can evaluate the quality of the service provided and the performance of the Operator’s representatives, employees and workers.
12.2. The evaluation shall be based on the following criteria:
(a) 1 (one) star – very unsatisfactory service;
(b) 2 (two) stars – unsatisfactory service;
(c) 3 (three) stars – satisfactory service;
(d) 4 (four) stars – very satisfactory service; and
(e) 5 (five) stars – service of excellence.
12.3. The evaluation attributed by the User shall be made in a free, reasonable and conscious manner and shall not be influenced in any way by the Operator or by third parties.
13. INFORMATION USED BY THE PAYMENT MEANS OPERATORS
13.1. Local Tuk Tuk does not have any access to the data collected by the payment means operators used on the Website.
13.2. Local Tuk Tuk is not responsible for the use of the information which the payment means operators collect for payment purposes.
13.3. No confidential information regarding means of payment will be retained on the Website or will be known to the Operators.
14. LOSS OF DATA AND RESPONSIBILITY
14.1. Local Tuk Tuk maintains a digital version of all data of the User registration and the Service agreement entered into through the Website. In case of loss or damage verified on the printed title, the User will always have the possibility to reprint the title by simply logging into his account or contacting the Website through the e-mail address made available.
14.2. When the Service agreement is entered into, a copy of the title is sent to the User’s e-mail. This e-mail may serve as proof because it contains the necessary elements to identify the Service agreement entered into and its participants.
14.3. Users of the Service may be requested to provide identity documents that prove their identity.
14.4. The User is aware that the use of the Website may not be absolutely secure, and there is the possibility of interception by unauthorized parties of the information sent/received. Local Tuk Tuk is not responsible for security breaches on communications or the undue use of your information by third parties.
14.5. The use of the Website may be interrupted and the information may contain bugs, errors, technical failures, problems or other limitations.
14.6. Local Tuk Tuk and any of its representatives, employees, administrators, employees, shareholders or agents, are excluded, to the maximum extent permitted by law, from any liability, direct or indirect, resulting from the use of the Website by the User.
15. TIME ZONE
The time count for any warranty, claim, or other matter for which it is necessary to set a time period, it is based on GMT (Greenwich Mean Time).
16. INTELLECTUAL AND INDUSTRIAL PROPERTY
16.1. Local Tuk Tuk owns all copyrights and any other intellectual and industrial property rights on the Website, and the copy, collection, publication, distribution or reproduction of the information contained in this Website (such as photographs, logos, graphic images, icons, tools and graphic design of the Website) without its express authorization is strictly prohibited.
16.2. It is also prohibited to use them for public or commercial purposes.
16.3. Any violation of the provided in the previous numbers determines the automatic termination of the authorization to use the Website, the User being obliged to destroy any element obtained by downloading or printing the Website.
16.4. The User can’t reproduce or store any element of the Website on another website or integrate it into any public or private electronic retrieval system without the prior written consent of Local Tuk Tuk, which reserves any rights not granted under the terms of this provisions.
17. APPLICABLE LAW AND JURISDICTION
17.1. These General Conditions are construed under and shall be governed by the laws of Portugal and the disputes relating thereto must be submitted to the courts of the District of Lisbon.
17.2. The service agreement entered into between the User and the Operator is construed under and shall be governed by the laws of the country in which the Service is provided.
17.3. The User exempts Local Tuk Tuk from any responsibility inherent to the provision of the Service agreement entered into through the Website.
17.4. Any question or dispute arising from the provision of Service between the User and the Operator shall be settled by the court of the country where the Service is provided.
17.5. If there is any case where it is necessary to settle any disputes arising from these General Conditions, the User should first contact the Operator to try to remedy the situation.
18. ACCEPTANCE OF THE TERMS AND CONDITIONS
18.1. By registering on the Website to enter into the Service agreement, the User accepts these General Conditions by clicking on “I accept the General Conditions”.
18.2. Upon acceptance of the General Conditions, the User accepts that all of his acts and movements carried out on the Website are subject to the rules set forth herein.