LOKAL TERMS OF SERVICE
Thank you for using Lokal Platforms. Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. These Terms constitute a legally binding agreement between you and Lokal Ventures Private Limited and/or its affiliates (“Lokal”, “we” or “us”), and governs your use of Lokal website, mobile application, call-centre and other platforms (“Lokal Platforms”). By accessing or using the Lokal Platforms, you agree to comply with and be bound by these Terms. Lokal may immediately terminate this agreement with respect to you, amend the Terms, or generally cease offering or deny access to the Lokal Platform or any portion thereof, at any time for any reason without notice. These terms may be amended from time to time and shall be effective on being posted here. Your continued access or use of Lokal Platforms after such posting constitutes your consent to be bound by these Terms, as amended. Lokal Privacy and Cookies Policy is an integral part of these Terms. We encourage you to periodically review them for the latest information on our privacy practice.
- SCOPE AND APPLICATION
Lokal aims to provide its customers with high quality budget accommodation, through Lokal Platforms which connect them to Lokal branded properties (“Lokal Rooms”) managed and operated by third parties (“Network Hotels”) under the standards of Lokal. These Terms apply to all persons anywhere in the world who access or use Lokal Platforms.
- LOKAL PLATFORMS
Lokal Platforms provides a medium connecting the customer to Network Hotel. Any decision made by the customer to book Lokal Rooms with a particular Network Hotel is a decision made at their sole discretion and each such booking shall constitute a separate agreement between the Network Hotel and the customer. Materials posted on the Lokal Platforms are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any customer. In order to access digital Lokal Platforms you are required to register and maintain a digital account with Lokal (“Lokal Account”). This Lokal Account may require you to provide certain information/data, such as your name, email address, telephone number, address, CNIC/Passport number, payment method and credit card information. You agree to maintain accurate and complete information in you Lokal Account. All such data collected shall be governed by Lokal Privacy and Cookies Policy. You agree to maintain the security and secrecy of your Lokal Account username and password at all times. You agree and understand that you are responsible for all activity that occurs under your Lokal Account. Unless otherwise permitted, one person may only possess one Lokal Account. You shall not assign or otherwise transfer your Lokal Account to any other person or entity. You agree to comply with all applicable laws when using the Lokal Platforms and you may only use Lokal Platforms for lawful purposes. By creating a Lokal Account, you agree to receive communications from Lokal, including via e-mail, text message, calls, and push notifications. Communications from Lokal and/or Network Hotels, may include but are not limited to: operational communications concerning your Lokal Account or use of the Lokal Platforms, information or reminders pertaining to your Bookings, and updates concerning new and existing features on the Lokal Platforms. Minors and children should not use Lokal Platforms. By using the Lokal Platforms, you represent that you are at least 18 years of age and have the legal capacity to enter into a binding agreement. Lokal has the right to terminate a user’s access and refuse to provide access to Lokal Platforms if it is discovered that the user is under the age of 18 years.
Subject to your compliance with these Terms, Lokal grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferable license to access and use digital Lokal Platforms and access content and information made available through such platforms for personal, non-commercial use. Any rights not expressly granted herein are reserved by Lokal. The Lokal Platform and all rights therein are and shall remain the property of Lokal. Neither these Terms, nor you use of the Lokal Platforms, except for the limited license granted herein, shall convey or grant to you any rights (including any rights to use or reference in any manner Lokal’s name, logos, trademarks, etc.).
- GUEST POLICIES
You can book Looking Rooms subject to availability of the said rooms on the Lokal Platform by following our booking procedure and complying with requisite formalities. All applicable taxes and relevant fee applicable to your booking (“Booking Fee”) shall be conveyed/presented to you prior to your confirmation of the booking. By booking Lokal Rooms you agree to pay the entire Booking Fee for the duration of your stay as per your chosen method of payment and subject to the relevant terms hereunder as well as the relevant applicable law. Upon receipt of the booking confirmation from Lokal, a legally binding agreement is formed between you and the Network Hotel where you have booked Lokal Rooms. Any terms and conditions of the Network Hotel will therefore apply to your booking. If you are booking on behalf of another guest, you undertake that such additional guest shall comply with the terms and conditions hereunder and as laid down by the Network Hotel. In the event you have booked on behalf of a minor, you represent and warrant that you are legally authorised to act on their behalf and that the minor shall be accompanied by an adult during their stay at Lokal Rooms. You may extend, reduce or modify your stay at Lokal Rooms or amend/cancel your booking of Lokal Rooms subject to availability and additional charges as applicable to your booking. Should you cancel a booking, you shall be reimbursed as per our Refund and Cancellation Policy vide the same method used to make the payment. Lokal does not guarantee availability of the same room if you desire to extend your stay at Lokal Rooms outside the dates booked. In certain circumstances, Lokal may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed booking and initiate corresponding refunds and payouts. This may be for reasons set forth in Lokal’s Extenuating Circumstances Policy or (i) where Lokal believes in good faith, while taking the legitimate interests of all parties into account, this is necessary to avoid significant harm to Lokal, Network Hotel, third parties or Lokal Rooms, or (ii) for any reasons set out in these terms. In the event Lokal Rooms are overbooked on guest arrival, the guest shall be offered stay at comparable Lokal Rooms or other similar rooms, at the same or another Network Hotel, and additionally may be provided necessary compensation as per Lokal’s internal policy. A Network Hotel may provide additional services such as airport/train station pick and drop service, car rental, tours, laundry and wake up calls etc. You understand that any such services shall in no way or manner be linked to services offered by Lokal and Lokal shall not be responsible for any loss or damage in whatsoever manner to your person or property should you avail any such services. You agree to abide by the check-in and check-out times of the Lokal Rooms and not stay past your booking unless the same is extended. You understand that if you require a special check-in or check-out time outside the prescribed time you shall inform the Network Hotel accordingly and shall comply with any extra charges applicable to the same. As a guest at Lokal Rooms you are responsible for leaving the Lokal Rooms in the condition it was in when you arrived and you agree to pay the Network Hotel for any damage caused to the Lokal Rooms that can be associated with you, except for fair wear and tear. You are responsible for your own acts and omissions, and also for the acts and omissions of any individuals that are your guests booked at or visiting you at Lokal Rooms/Network Hotel.
- BOOKING FEE & PAYMENTS
For booking Lokal Rooms, you agree to pay any amounts charged by Lokal (“Booking Fee”) either through Lokal Platforms or at the Network Hotel. Booking Fee will be inclusive of applicable taxes where required by law, including any VAT or sales tax. The amount of Booking Fee required to be made shall be final and once made shall be non-refundable, unless otherwise determined by Lokal.
The Booking Fee may be facilitated by Lokal using the preferred payment method designated in Lokal Account. If the chosen method of payment is credit card, you shall use your own credit card for which you have the full authority to validly use. Lokal shall not be responsible for any credit card fraud. While using the Lokal Platform to make any payment, you shall at all times strictly comply with the payment procedure and the Terms mentioned herein in their entirety. Your confirmation of booking shall be deemed that you are fully satisfied with the description, look and design of the accommodation and Booking Fee of Lokal Rooms as has been displayed on the Lokal Platforms. Once the reservation/booking has been confirmed, Lokal will debit the Booking Fee from the payment mode selected where applicable. If you are paying at the Network Hotel on arrival, you shall be required to make the full payment of the total Booking Fee. You may choose to pay by cash or credit/debit card at the Network Hotel. If you belong to a company who shall be paying for your stay, you will be required to fill out and sign a Billing To Company (“BTC”) form. Once the Booking Fee is charged, you will receive an email from our Network Hotel containing the financial statements and amount charged. You agree and acknowledge that the payment procedure may call for and require additional information, and you undertake to provide such complete, correct and proper information. Lokal uses third party payment providers to receive payments from customers. Lokal is not responsible for delays or erroneous transaction execution or cancellation of reservation due to payment issues. Lokal takes utmost care to work with third party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.
- REVIEWS AND COMPLAINTS
Guests of Lokal Rooms can leave public reviews and rating in relation to their stay at Lokal Rooms on the Lokal Platforms. After check-out from the Lokal Rooms guests shall be able to leave a public review of the Lokal Rooms at Lokal Platforms. Such reviews shall reflect their opinion and shall not reflect the opinion of Lokal, nor they are verified by Lokal for accuracy and may be incorrect or misleading. Any such reviews must be accurate and may not contain any defamatory language. User of the Lokal Platform shall not manipulate the reviews in any manner, such as instructing any third party to write positive or negative reviews of any Lokal Rooms. Once any review or rating is uploaded on the Lokal Platform it becomes the property of Lokal and Lokal may remove or share it on another platform at its sole discretion.
In case of any complaints, the guest can make a complaint to the Network Hotel, and can also directly make complaints to Lokal through dashboard of their profile, through the live chat option available on the website, by emailing the customer support services, by calling the call center, or by contacting Lokal on any of its official social media accounts. Lokal shall employ best practice to resolve any complaints as per its policies and as soon as practicable.
With respect to your use of the Lokal Platforms and your booking/stay at Lokal Rooms, you agree that you will not: (i) impersonate any person or entity (ii) stalk, threaten, or otherwise harass any person (including other user of Lokal Platforms and customers/guests of Lokal Rooms), or carry any weapons (iii) violate any law, statute, rule, permit, ordinance or regulation (iv) interfere with or disrupt the running of Lokal Rooms or the Lokal Platforms (v) post information or interact on the Lokal Platforms with respect to Lokal Rooms in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal (vi) use narcotics or alcohol (vii) use the Lokal Platforms in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy (viii) post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Lokal Platforms (x) “frame” or “mirror” any part of the Lokal Platforms, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose (xi) modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Lokal Platforms (xii) rent, lease, lend, sell, redistribute, license or sublicense the Lokal Platforms or access to any portion of the Lokal Platforms (xiii) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Lokal Platforms or its contents (xiv) link directly or indirectly to any other web sites (xv) transfer or sell your Lokal Account, password and/or identification to any other party (xvi) discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation (xvii) cause any third party to engage in the restricted activities above. Notwithstanding anything contained herein, Lokal shall at all times hold the absolute right to remove/cancel any booking or restrict entry at any Lokal Rooms at its sole discretion.
- DISCLAIMER AND LIMITATION OF LIABILITY
The Lokal Platform and Lokal Rooms are provided “as is” and “as available.” Lokal disclaims all representations and warranties, express, implied or statutory, not expressly set out in these Terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, Lokal makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Lokal Platform/ Lokal Rooms or any other services requested through the use of the Lokal Platforms, or that the Lokal Platforms will be uninterrupted or error-free. Lokal does not guarantee the quality, suitability or safety of Lokal Rooms. You agree that the entire risk arising out of your use of the Lokal Platforms and booking of Lokal Rooms, and any service requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law. Lokal is not responsible for the conduct, whether online or offline, of any other use of Lokal Platforms, Network Hotel and/or its employees, call centre operators, or any other third party. Lokal shall not be responsible for private belongings, including the loss of private belongings as a result of theft or snatching at the Lokal Rooms. Lokal shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury, accident, poisoning, death or physical or property damage related to, in connection with, or otherwise resulting from any use of the Lokal Platforms or booking/stay at Lokal Rooms, whether such damages are based on contract, tort, negligence, strict liability or otherwise, and even if Lokal has been advised of the possibility of such damages. Lokal shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the Lokal Platforms or the booking/stay at Lokal Rooms; or (ii) any transaction or relationship between you and the Network Hotel or other third party provider, even if Lokal have been advised of the possibility of such damages. Lokal shall not be liable for delay or failure in performance resulting from causes beyond our reasonable control. By using the Lokal Platforms you acknowledge and agree that Lokal is not owner of the Lokal Rooms and has no control over the conduct or behaviour of the Network Hotel and/or its employees, affiliates, contractors, nor does Lokal have control over the quality, fitness, or the suitability of services provided at Lokal Rooms. Lokal disclaims any and all liabilities in this regard. By availing the booking/stay at Lokal Rooms, you willfully and voluntarily assume any and all risks associated with it in the nature of illness, bodily injury, loss of life or limb which may arise during your stay at the Lokal Rooms on account of your negligence, misconduct, force majeure event, pandemic, strike or any other event beyond our control. Notwithstanding anything to the contrary contained herein or elsewhere, Lokal’s entire liability to you for any claim airing out of booking/stay at Lokal Rooms shall be limited to the amount equivalent to the price paid for the booking giving rise to such claim.
You agree to indemnify and hold Lokal, its affiliates, officers, employees, directors and agents harmless from any and all claims, demands, losses, liabilities, and expenses arising out of or in connection with your use of Lokal Platforms and/or booking/stay at the Lokal Rooms, and from your breach of these Terms.
- DISPUTE RESOLUTION AND GOVERNING LAW
These Terms shall be governed by the laws of the Islamic Republic of Pakistan. Any and all differences and disputes which may arise between you and Lokal hereto concerning the rights and/or obligations hereunder shall be settled through the Lokal Dispute Resolution Service headed by a neutral third party. . The courts in Karachi shall have the exclusive jurisdiction to settle any disputes in relation to these Terms.
You may not assign or transfer your rights herein in whole or in part without Lokal’s prior written approval. No joint venture, partnership, employment or agency relationship exists between you, Lokal or any Network Hotel as a result of the contract between you and Lokal or use of the Lokal Platforms. Any failure, delay or forbearance on the part of Lokal in: (i) exercising any right, power or privilege hereunder; or (ii) enforcement of these Terms, shall not operate as a waiver thereof, nor shall any single or partial exercise by Lokal of any right, power or privilege preclude any other future exercise or enforcement thereof. If any provision hereunder is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions of these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms.