Traveller Terms and Conditions
Buying an Experience
localyokl Pty Ltd ACN 616 591 318 (we, us, our) want your purchasing Experience with us to be as efficient and as hassle-free as possible. To achieve this we created the following Traveller Terms & Conditions (Terms) which govern your purchases and cancellations through our website (www.localyokl.com) (the Site).
Acceptance and variation
- By creating a traveller account on the Site, you agree to be bound by these Terms. If you do not agree to these Terms please do not accept them and immediately exit this account creation process.
- We reserve the right to reasonably alter, amend or withdraw any part of these Terms without liability upon providing notice of the changes to you (Change Notice).
- Your continued use of the Site, following our issue of a Change Notice will constitute an automatic acceptance of any alteration, withdrawal or amendment made.
- Please read our user terms and conditions (User Terms) which are incorporated by reference into these Terms.
- Where there is any inconsistency between the User Terms and these Terms, these Terms are taken to prevail to the extent of that inconsistency.
4.1 Making a booking
In order for you to make a Booking:
- you must create an account;
- choose a date and time slot for the Experience offered by the Localyokl; and
- pay for the booking in full.
4.2 Automated process
All booking requests successfully made through our Site are confirmed via an automated email to the account holder’s nominated e-mail address with a request number. This confirmation does not:
- constitute a tax invoice; or
- signify acceptance of your request.
- We will forward a valid tax invoice to your nominated email address following your Booking being processed.
- If you do not receive a tax invoice from us within 3 days, it is your responsibility to let us know.
6.1 Types of Payment
The Site allows payment to be made by:
- credit card with the following card types accepted:
- Visa; and
- American Express; or
- via Paypal.
All credit card payment information and details are provided through pages protected by SSL (Secure Sockets Layer) technology which encrypts the communications and information provided when transmitted from you.
6.3 Payment Verification
Placed Bookings may be subject to a pre-authorisation check to ensure fund availability. Pre-authorisations will appear as a “pending” charge on your account. The total value of your order may be held on your account, being taken only once the order has been dispatched.
7.1 General cancellations
- As we incur costs at the time of processing a Booking, we will only accommodate order cancellations without any charge if we are notified of the cancellation before the order has been fully processed.
- If your cancellation is subject to a charge, we will send through the amount of the charge along with justification of the reasons for the charge prior to finalising your cancellation.
- We will only process your cancellation once we receive confirmation from you of your intention for it to be cancelled and acceptance of the cancellation charge.
- If you do not show up to your Experience within a reasonable time of its commencement, you may not get the opportunity to participate and your payment will be forfeited.
7.2 Cancellations due to weather
- You acknowledge and agree that your Experience may be dependent on the weather conditions of the day.
- It is the responsibility of the Localyokl to cancel, delay or postpone the booking where inclement weather conditions will prevent it from proceeding.
- The Localyokal will be solely responsible for contacting you to inform you of any changes.
- If weather conditions prevent the Experience from occurring and rescheduling is not possible, we will arrange for you to receive a full refund.
- If an Experience is interrupted by weather, it will be the Localyokl’s decision as to whether or not to proceed.
- Where the Experience is interrupted and cannot continue or be rescheduled, we will arrange for a fair percentage of the fee, as reasonably determined by us, to be refunded to you.
All prices on our Site are stated in Australian Dollars and include all taxes and charges.
Each Localyokl sets the rate of their Experience.
8.3 Booking fee
We charge you a booking fee in addition to the Localyokl Experience rate, which will be equivalent to 5% of the total cost of the Experience.
8.4 Variations to rates
- Once a booking has been accepted a Localyokl cannot vary their rates relating to that booking.
- Each Localyokl may however vary their future rates at their sole discretion at any time.
- Despite each Localyokl being carefully scrutinised and required to meet strict criteria, before they will be allowed to promote their Experience on the Site, they are engaged by you as a third party independent contractor.
- Each Localyokl contracts us to provide support services to them. Given this relationship they are not an employee of ours and we will not be responsible for any of their acts or omissions, nor will we be vicarious liable for them in anyway.
- If you have a bad experience or are not completely satisfied with your Localyokl please leave an appropriate review following your session and let us know as soon as possible by emailing firstname.lastname@example.org.
- Where we consider it reasonable to do so, a full or partial refund may be given to you.
No circumvention of Site
You must not circumvent the Site by attempting to solicit or entice the Localyokl’s services in any way that is external to the Site.
Multiple browsers or windows
- Using multiple browser’s and/or windows (or tabs) may result in you either losing your order or your order timing out. Please therefore ensure that you only use one web browser with one tab when placing an order on the Site.
- We will not be responsible for any loss suffered by you as a consequence of you using multiple browsers or having multiple tabs open within the same browser and accessing the Site.
Limitation of liability
- To the extent permitted by law (including, without limitation the Australian Consumer Law), we disclaim any liability to you beyond the face value of your order plus any relevant transaction charges.
- We will not be liable for any loss of enjoyment or wasted expenditure and accept no responsibility for any damaged personal property.
- You acknowledge and agree that we are not liable for any accidents, losses, injuries, damages, delays, expenses or any other adverse consequences to you arising directly or indirectly as a consequence of the Localyokl’s actions.
- This provision does not affect your rights or remedies in relation to any Statutory Consumer Guarantee that may be applicable in the circumstances.
- These Terms and our User Terms (Agreement) contain the entire agreement between the parties about this subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this Agreement and has no further effect.
- Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by the other party to give effect to these Terms.
- Any provision of these Terms that is illegal, void or unenforceable will be severed without prejudice to the balance of the provisions of these Terms which shall remain in force.
- Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
- You cannot assign, novate, sublicense or otherwise transfer any of your rights or obligations under these Terms without our prior written consent.
- We may assign are rights and obligations without your consent.
These Terms are governed by the law in force in the State of Queensland, Australia and each party submits to the non-exclusive jurisdiction of the courts of Queensland, Australia.
Any provision of these Terms that is illegal, void or unenforceable will be severed without prejudice to the balance of the provisions of this Agreement which shall remain in force.
Definitions and interpretations
In these Terms:
Agreement means these Terms and our User Terms.
Booking means a request made by you to participate in an Experience provided by a Localyokl received, processed and forwarded to you via the Site.
Business Day means a day that is not a Saturday, Sunday or any other day that is a public holiday and on which banks are open for business generally in Brisbane, Australia.
Experience means the unique local offering promoted on the Site created and conducted by a Localyokl.
Localyokl means a person that has created an Experience, promoted it on the Site and facilitates the Experience being conducted.
In interpreting these Terms, unless the context provides otherwise:
- the singular includes the plural and vice versa, and a gender includes other genders;
- another grammatical form of a defined word or expression has a corresponding meaning;
- a reference to:
- a rule, paragraph or schedule is to a rule or paragraph of, or schedule to, these Terms;
- a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
- a reference to A$, dollar or $ is to Australian currency;
- a reference to a person includes a natural person, partnership, body corporate, association, and any Government Agency;
- a reference to a party means a party to this Agreement and includes the party’s executors, administrators, successors, permitted substitutes (including by novation) and permitted assigns;
- a reference to a group of persons is to any 2 or more of them taken together and to each of them individually;
- a reference to the whole is to each part of it;
- a reference to a statute, regulation, code or provision of a statute, regulation or code includes any modification or re-enactment of it, a legislative provision substituted for it and a regulation or statutory instrument issued under it;
- “including” and similar expressions are not words of limitation;
- costs and expenses include legal costs and expenses on a full indemnity basis;
- conduct includes an omission, statement or undertaking, whether or not in writing;
- a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this document or any part of it;
- if a day on or by which an obligation must be performed or an event must occur is not a Business Day, the obligation must be performed or the event must occur on or by the next Business Day; and
- headings and table of contents are for ease of reference only and do not affect interpretation.
Last modified: 30 March 2017