Terms and Conditions
Terms & Conditions
last update: 10 de Abril de 2019
LOCALS is an online platform, managed by Capitães da Areia, Lda.,
NIPC 514256826, with registered headquarters at Passeio dos
Oceanos – Quinta da Orada, Lote 3, Loja 24 8200-394 Albufeira,
Portugal and registration number NIPC 514256826 (hereinafter
“LOCALS”), that optimizes the partnership/commercial relationship
between Service Providers, Agent Resellers, Locals and Consumers for
the promotion and sale of tourist activities.
As used in these Terms and Conditions, “we” and “us” means LOCALS,
and “you”, “user” and “Local” means the applicant.
Access to the program “LOCALS” is limited to natural persons who are
of legal age and have the capacity to enter into binding contracts. You
cannot adhere to this program if you are, or are acting as a
representative, of a legal entity.
1 – YOUR RELATIONSHIP WITH LOCALS
Your use of LOCALS products, software, services and web sites
(referred to collectively as the “Services” in this document and
excluding any services provided to you by LOCALS under a separate
written agreement) is subject to the terms of a legal agreement
between you and LOCALS. This document explains how the agreement is made up, and sets out some of the terms of that
Unless otherwise agreed in writing with LOCALS, your agreement with
LOCALS will always include, at a minimum, the terms and conditions
set out in this document. Your agreement with LOCALS will also
include the terms of any Legal Notices applicable to the Services, in
addition to these Terms and Conditions. All of these form a legally
binding agreement between you and LOCALS in relation to your use of
the Services. It is important that you take the time to read them
2 – ACCEPTANCE OF THE TERMS
By using LOCALS, you accept these Terms and Conditions, including
the additional and specific information that may be available, as well
as other policies applicable to the Services. The policies or legal
notices applicable are an integral part of the Terms and Conditions
and cannot be divided (hereinafter referred to as “Terms and
Conditions” or the “Agreement”).
If you do not accept the Terms and Conditions, you will not be able to
use the Services.
When agreeing with these Terms and Conditions, the user declares
that, by accessing LOCALS Services, has the legal age and the legal
capacity to, according to the Law, provide consent and be
contractually bound in the execution and provision of the Services.
The violation of the previous paragraph means the immediate
termination of this Agreement, without prejudice to any compensation
that LOCALS may claim for potential damages or losses that may
have occurred as a result of false declarations.
LOCALS has the right to refuse the supply of any Services to any
person, for any reason, at any moment.
3 – SERVICES
LOCALS is a platform that optimizes the partnership/commercial
relationship between Service Providers, Agent Resellers, Locals and Consumers for the promotion and sale of tourist activities provided by
the Service Providers.
LOCALS will provide to the Local an operational tool which allows you
• connect with Service Providers for the promotion of their products
• generate recommendation links for products and/or services
provided by the Service Providers and share such links with
• receive rewards for each booking or reservation successfully
completed by Customers by using your recommendation links;
• calculate the rewards you may receive if your recommendation link
generates a booking.
LOCALS has the right to limit the provision of its Services, in particular
at a geographical or agent level. The mentioned right will be
exercised on a case-by-case basis and this limitation will be
communicated in its proper place.
LOCALS may limit the Services offered, namely due to logistical or
LOCALS has the right to discontinue any Service at any time. LOCALS
may refuse, limit or cancel any service, always seeking to inform you
to your e-mail address or to the telephone provided at the time of
4 – GENERATING RECOMMENDATION LINKS
If you know or come across someone (Customer) who is interested in
booking a tourist activity in your city, by using LOCALS you can
generate a recommendation link to such an activity made available
by a Service Provider and gain rewards if your recommendation
generates a successful booking or reservation.
The recommendation link is generated in LOCALS and you may share
it with Customer via SMS, Whatsapp, e-mail, QR code or other tools
By receiving your recommendation link, Customers will be able to
check the services you have recommended (characteristics, prices
and other conditions applicable) and, if it matches their interests, they
will be able to book the services directly with the Service Provider.
For the purposes of sharing the recommendation links, and only when
you have access to personal data of Customers (cell phone number,
e-mail address) you undertake not to store and use such data for any
other purposes than sharing the recommendation link and you
undertake to delete such data right after the sharing of the
recommendation link is successful (unless you obtain specific consent
from the Customer to keep such data).
5 – PRICES
The Service Provider is responsible for defining the prices applicable
to each of the activities/products included in its Portfolio, including the
price of additional services related with them (travels, insurances,
rental of equipment, etc.). All prices defined by the Service Provider
shall be inclusive of all applicable taxes.
You cannot charge to Customers additional prices or fees for sharing
with them your recommendation links.
The use of LOCALS is free. Notwithstanding, LOCALS may decide to
charge a subscription fee or any other type of payment for the use of
the platform in the future.
6 – REWARDS
The generation and share of a reccomendation link does not entitle
you to receive any reward. You will only be entitled to receive a
reward if the customer successfully reserves and pays the service you
have reccomended by using the recommendation link you shared. If
the customer cancels the reservation or asks for a refund, you will not
be entitled to receive any reward.
In cases where a Customer successfully completes a booking or
reservation by using a recommendation link you shared, LOCALS will
process the payment of such commercial operation. Upon successfully
receiving payment from Customer, LOCALS will earn a certain margin
of the price paid by the Customer, which will vary on a case by case basis, according to the conditions agreed between LOCALS and the
LOCALS will reward you with 50% of the margin achieved with each
transaction, which will be credited in your LOCALS Account.
LOCALS margin will be calculated considering the price paid by the
Customer, the price paid to the Service Provider and the
administrative costs (a transaction fee correspondent to 2.5% of the
price paid by the Customer plus € 0.25 per booking)
Credits are promotional campaigns promoted by LOCALS. You may
earn by credits by using LOCALS which enable you to earn a higher
percentage of sales commission.
If you have credits available in your Account, for each successful
booking completed by a Customer using your recommendation link,
one credit will be automatically used in the processing of your sales
For each credit used, LOCALS will pay you an extra percentage of the
sales commission you would usually receive, which, depending on the
terms and conditions of each campaign may be up to 70%.
Accordingly, when you earn a credit, you will receive 70% of the sales
commission generated with such transaction plus the additional sales
commission determined for each campaign, up to 100%, excluding
Processing of rewards will take up to 48 hours after the Customer has
enjoyed the activity booked by using your recommendation link, and
only if the Customer hasn’t cancelled, re-scheduled and/or
complained about the activity booked.
In exceptional cases, processing of rewards may take more than 48
hours, due to external factors which are not under LOCALS control,
such as, but not limited to: fraudulent use of the Customer credit card
or technical problems. LOCALS will not be liable, under any
circumstances, for the delay in the processing of rewards.
7 – PAYMENTS
You may transfer the amount of the commissions earned to your bank
account by submitting a request for transfer in your Account.
When you ask for the transfer, you will receive a message in LOCALS
confirming the request and an e-mail with the details of the amounts
that will be transferred to you.
Transfer requests are only processed upon issuance of the
correspondent invoice. Please note that transfer requests are
processed on the 15th day of each month. In order to guarantee that
your request is going to be processed in a certain month, you shall
ensure that you have provided LOCALS with a valid invoice.
Transfers may take up to 10 working days to be processed.
You are solely responsible to pay and remit all taxes related with sales
commissions you may receive and you acknowledge and agree that
LOCALS has no liability for any breach of tax legislation in which you
8 – OBLIGATIONS OF THE LOCAL
By creating and maintaining a Local Account, you undertake to
comply with the following obligations:
• You are solely responsible for the accuracy and correctness of the
data provided, namely for billing purposes, and you have to keep it up
• You undertake to correctly inform Customers about the services or
activities you recommend;
• You undertake not to make false representations or descriptions
about the activities you recommend and/or not to advertise such
activities in a false or misleading way;
• You may not share or recommend activities which don’t match the
interests and/or intentions shown by Customers.
• You may not generate false recommendations as a way to be
• You may not use LOCALS to promote your own business activities;
• You will not use LOCALS or the services associated with it for any
illegal means any unlawful and/or unlawful purposes, fraudulent or
9 – CREATING A LOCAL ACCOUNT
Locals who intend to use the Services, must register by creating an
account (the “Account”) and completing the registration process
available in the LOCALS App.
For the account creation the following data will be requested:
• Identification (Name, VAT number);
LOCALS does not validate the correctness and accuracy of the data
provided. You are responsible for the veracity, completeness and
lawfulness of the data provided, as well as for updating such data. You
accept and acknowledge that LOCALS is not responsible for the
accuracy and integrity of the information provided by you on the
platform, which may be inaccurate, incomplete or outdated.
10 – ACCESS TO THE ACCOUNT AND CANCELLATION
You can access your Account by logging in with e-mail and password
registered for the creation of the Account.
LOCALS cannot access your password, being the user the only
responsible for the protection and good use of the password,
changing it regularly.
LOCALS does not have any responsibility for the improper use or loss
of the password. In case of loss or forgetfulness of any access data to
the account, you may request the setting of a new password.
You accept that the login data to your Account can only be used by
you, and that it shall not be shared with other people.
You undertake to comply with good practices regarding the security of
your Account, by changing the password regularly and avoiding
connections through networks open to the public.
LOCALS grants the account security within the expected and
adequate security measures, having no liability other than that
expressly provided for in Clause 15 of these Terms and Conditions.
You can cancel your Account through the specific tool in the user area.
If you cancel the Account, it will no longer be visible in LOCALS and
you will lose all the registered data.
11 – PUBLICITY
You accept that some of the services made available by LOCALS may
be supported by advertising revenue, and therefore advertisements
and promotions may be displayed.
The form, mode and scope of the advertising subject to change
without specific notice.
You also accept, acknowledge and authorize that your profile may be
shared and used for the promotional purposes of LOCALS, renouncing
any compensation for such use.
12 – DISCLAIMER OF WARRANTIES AND LIMITATION OF
The user agrees that LOCALS has no responsibility, direct or indirect,
for the use that the user makes of the Services, being the sole and
exclusive responsibility of the use of it.
LOCALS provides the Services “as it is” for its use, and no
representation, warranty or condition of any kind, expressed or
implied, including implied warranties as to the conditions of
merchantability, commercial quality, suitability for a specific purpose,
durability, title and a non-infringement of rights.
The user accepts that in no case will LOCALS, its corporate bodies,
employees, partners, agents, and service providers be liable for any
direct, indirect, incidental, punitive or any other damages, losses,
claims or damages, including, without limitation loss of profits, loss of
revenue, loss of data, replacement costs, or any similar damages,
whether based on contract, unlawful act with or without intent, arising
out of or related to the use of LOCALS Services, including but not
limited to any errors or omissions in any content posted, transmitted,
or otherwise made available through the platform.
LOCALS liability shall be limited to the annual amount received by the
User in rewards.
13 – INTELLECTUAL PROPERTY
The Local acknowledges that the property and title for all the rights of
intellectual property, including the rights for the software, codes,
copyrights, trademarks and commercial secrets, are and shall remain
the property of LOCALS.
In the same way for the work flow processes, user interface, designs,
know-how and other technologies provided by LOCALS as part of the
Services, as well as all the rights, titles and interests related to them,
including all associated intellectual property rights, are LOCALS’s
The Terms and Conditions do not give you any kind of right to use any
brand or logo belonging to LOCALS.
LOCALS grants, within the reasonable knowledge that it has, that it
will not violate the intellectual property rights of third parties.
All the rights not expressly provided for and listed in this Clause are
reserved to LOCALS, and cannot be interpreted in any other way at
any time, and, in case of doubt, shall always be interpreted as
meaning that the use, in case of doubt, is expressly prohibited by
The following actions are expressly prohibited to the User:
• Copy, translate, disassemble decompile, attempt to reverse-
engineer or otherwise create the source code and/or objects or tools
included in the Services;
• Removal of any kind of confidentiality or property warning;
• Sell, resell, redistribute, sublicense or rent the platform, unless an
agreement with LOCALS says the opposite;
• Use the Services to store or transmit illegal material;
• Use the Services to store or transmit material that violates third-
• Interfere with or disrupt the integrity or performance of the
• Seek unauthorized access to the Services and/or LOCALS computer
• Decompile, disassemble or reverse engineer the Services;
• Seek to obtain the source code, modify, decrypt, or create
derivative works of the platform or any services provided under this
• Access or use the platform to build a competing product and/or
service, or copy any feature or graphic for competing purposes.
If you breach any of the provisions above, in addition to the right of
LOCALS to immediately terminate this Agreement, you agree to
indemnify LOCALS in an amount not lower than € 250,000.00 (two
hundred and fifty thousand euros), without such amount precluding
the right to request additional compensation in court for damages,
such as compensation paid to third-parties and expenses with courts
and forensic representation.
14 – SUPPORT AND MAINTENANCE SERVICES
LOCALS will ensure the updating and technical support for the use of
LOCALS ensures that the Services will be up to date, and these
updates will result from the maintenance services automatically
provided by LOCALS in accordance with the schedule established for
the Services evolution.
By providing the Services to the Local, LOCALS undertakes to support
the following specific functionalities:
• Consult the products of the Service Providers, as well as prices and
• Generate recommendation links to the products made available by
the Service Providers;
• Share the recommendation links via SMS, Whatsapp, e-mail, QR
Codes or other tools available with Customers;
• Consult your Account to review the rewards you are entitled to
LOCALS ensures to the user a technical service by e-mail, in order to
provide support and answer requests for clarification regarding the
function of the Services. A chat support service is also available,
running on business days, from 9:00AM to 1:00PM and from 2:00PM to
LOCALS will employ its best efforts for a continuous availability to the
Services, but cannot guarantee that it will occur, which the user
accepts, waiving at any compensation due to the absence of
The user accepts and acknowledges that performance and availability
issues may occur as a cause and/or origin:
• Internet congestion, slowdown or general unavailability;
• Unavailability of generic internet services (DNS servers) due to
• Major force events (unpredictable and unavoidable event, unrelated
to the control of the parties, which prevents, totally or partially,
permanently or temporarily, from achieving their objectives and
fulfilling their obligations on the contractual dates and deadlines such
as state of war, declared or not, rebellions or riots, natural disasters
such as fires, floods or earthquakes and communications cuts).
• Actions or omissions of the user or third-parties which are not under
control of LOCALS;
• As a result of the computer system of the user or third-parties;
• The maintenance of the Services programmed by LOCALS, as well
as updates that may occur.