Terms & Conditions

Terms and Conditions of use of BEALOCAL.TRAVEL

LATEST UPDATE: 13/01/23 Users who use the Services offered on the "BEALOCAL.TRAVEL" Website (hereinafter also “BAL” or the "Website" or similar Terms) declare that they are aware of and accept these Terms and Conditions, together with the Privacy Policy which is an integral part of them. Legal notice Riccardo Marosi Via Libertà 68, Cinisello Balsamo (Milan), Italy. P.IVA: 07239770964 Contact information Online contact form available on BAL Website: https://bealocal.travel/support-tickets/create

Information about BEALOCAL.TRAVEL

BEALOCAL.TRAVEL is a website that aims to connect Locals with Travellers based on the slogan "Be a Local, Not a Tourist!" Travellers will have the opportunity to enjoy a more adventurous, affordable, and fraternising Travel experience by getting more in touch with the culture of the country visited while Locals will get to know and meet Travellers from all over the world by offering them services for free, in exchange for tips or for a fee. The BAL Website features a Board within which Locals will be able to offer their services (Local Guide, Local Experience, Online Local Guide, Online Local Experience, Home Restaurant, Home Stay) while Travellers will be able to post their Travel requests and/or directly contact the Locals. BEALOCAL.TRAVEL Website serves as the technical infrastructure that enables Users to interact with each other. The Owner is therefore not directly involved in any such interactions between Users. The Owner specifies that BEALOCAL.TRAVEL does not provide any Travel services and, therefore, cannot be configured as a Travel agent or tour operator. You understand and agree that the laws governing the Service may vary from state to state and therefore it is your responsibility to ascertain whether and within what legal limits you may offer your Local services.

1.Introduction

This document constitutes a legal agreement between you, as User, and the company that administers BEALOCAL.TRAVEL and governs your use of BEALOCAL.TRAVEL Website.

1. Use of BEALOCAL.TRAVEL and the Service is restricted to Users who are of legal age under applicable law.
2. BEALOCAL.TRAVEL Subscriptions are subject to automatic renewal. Information about renewal period and termination method are provided in the respective sections of these Terms.

2.Definitions

"Terms and Conditions of Use", "Terms and Conditions", "Terms", mean the Terms governing the use of BEALOCAL.TRAVEL Website, subject to changes, which must be examined carefully before proceeding to their acceptance and subsequent registration and/or purchase. Please note that any changes to these Terms are only enforceable upon their publication and do not apply to contracts already entered into; "Contract", "Agreement" and similar terms, means the contract stipulated at a distance on BAL Website which has as its object the use of BAL governed by these Terms and Conditions; “BEALOCAL.TRAVEL”, “BAL”, "Owner", "We", "Our" and similar terms, refer to the legal person who owns and manages BAL. The Owner acts in his capacity of “professional” as defined in Article 3, letter c) of the Italian Consumer Code: “natural or legal person acting in the exercise of his entrepreneurial, commercial, artisan or professional, or on behalf of an intermediary thereof”; “User”, “Local”, “Traveler”, "You", "Your", “He/She”, “His/Her”, “Their”, and similar terms, both singular and plural, refer to the subject, natural person, falling within the qualification of consumer under Article 3, letter a) of the Italian Consumer Code, who utilises the Website as Local or Traveler, accepting the Terms and Conditions; “Local Account”, “Account”, refers to the set of the User’s identification data that allows access to the BAL Website and the services provided therein; “Local Profile”, “Profile”, refers to the User interface as described in these Terms; “Prime member” and similar terms, both singular and plural, refers to the User who has an active PRIME subscription and who can have access to additional functionalities; “Board”, both singular and plural, refers to the Website section where Travel requests from Travelers and service offers from Locals are published; “Private messaging area”, section of BAL where Users can communicate privately with each other; “BEALOCAL.TRAVEL Community”, “Community”, to refers to the totality of BAL Users who use the Service made available by the Owner; "Consumer", means "The natural person acting for purposes unrelated to the entrepreneurial, commercial, artisanal or professional activity, which may be carried out” as set out in Article 3, letter a) of the Italian Consumer Code; "Consumer Code" shall mean the Italian Consumer code, Legislative Decree n. 206 of 6th September, 2005, as amended - lastly by Law n. 238 of 23rd December, 2021 - which constitutes the body of legislation on Consumer rights; "Digital Service Act”, “DSA” shall mean the new European digital services regulation approved on 4th October, 2022; "Website'', "Site", "BEALOCAL.TRAVEL", “BAL”, refer to the set of related web pages that is hosted on a web server, reachable by the User through a common search engine and/or web address through the use of a web browser; "Service", “BEALOCAL.TRAVEL”, “BAL” and similar terms mean the service offered by BAL as described in these Terms.

3.Acceptance of these Terms

In order to use BAL, at the time of registration, you must carefully read and accept these Terms and Conditions and the Privacy policy that is an integral part of them by clicking on the specific button for acceptance. If you do not accept these Terms, you will not be able to use the Website. By accepting these Terms, the User confirms to be aware of all the provisions of these Terms and Conditions and, particularly, the rules of use of BAL, the limits set forth in the publication of content, as well as any further obligations.

4.Changes to these Terms

The Owner reserves the right to make changes to these Terms at any time, giving notice thereof on the Website itself or by email. For this reason, Users must carefully read the most updated version of the Terms and Conditions before use. The applicable Terms and Conditions are those in force at the time of the User's registration. Users who continue to use BAL after the publication of the changes accept the new Terms unreservedly and unconditionally.

5.Registration, Account and Profile

5.1Account creation and registration

Users must register by providing, truthfully and completely, all the information requested in the relevant registration form and accept the Privacy Policy together with these Terms. It is not possible to use the Service without opening an User Account. At the time of registration you will only be asked to enter your email address and a password. Registration is forbidden to anyone under 18 years of age. In cases where a higher age limit applies in the country of provenance for the use of services such as BAL, the higher age limit applies. You are responsible for verifying that you are of the required age to access the Service. Once the credentials have been entered, an email will be sent asking the User to confirm the Account. Once confirmed, the registration process will be completed and a BAL Account will be created. Alternatively, Users will be able to log in via Facebook, Apple and Google. In this case, the Account confirmation step will not be necessary. Users agree to provide accurate information regarding their identity, address and other data required for access, and to update any changes regarding such information. Uploaded profile images must show your face accurately and cannot contain vulgar or illicit content. it is forbidden to include images/photos depicting third parties without their prior authorization. In addition, it is forbidden to include images/photos with respect to which proper permissions regarding the use of intellectual property have not been acquired. During the registration phase, the User is prohibited from using false or invented data. The creation of accounts by bots or other automated means is not permitted. Each User who registers on BAL, will initially be defined as "Locals" regardless of whether he/she wants to offer services as Locals or wants to post Travel requests. Users who register may be automatically associated with a nationality, a city of residence and one or more spoken languages by recognizing the IP address and/or the browser used. The Owner does not guarantee that the data thereby collected are correct and complete. The User will be able to change these data and information at any time by accessing his or her Account.

5.2 BEALOCAL.TRAVEL Account

By creating an Account, the User agrees to be fully responsible for any activity performed with their access credentials. The registration credentials must be used exclusively by the User and cannot be given to third parties. The User shall be responsible for safeguarding and preserving the confidentiality of access credentials as well as to inform the Owner without delay in case of suspected misuse and/or disclosure of them. It is understood that under no circumstances may the Owner be held liable in the event of loss, dissemination, theft or unauthorised use by third parties, for any reason whatsoever, of Users’ access credentials. To this end, Users must choose a password that corresponds to the highest level of security available on BAL. BAL does not allow resale of its Service for commercial purposes. Companies and legal entities are not allowed to register and provide BEALOCAL.TRAVEL services. The information and images communicated to BAL and included in the Profile will be collected and processed according to the personal data protection regulation relevant to you (i.e. GDPR for European citizens). Information regarding the collection and the processing of Users’ personal data are available in BAL Privacy policy available at the following link: https://www.iubenda.com/privacy-policy/20335465 which is an integral part of these Terms. Further information on the processing of personal data operated by the Owner can be found in Article 12.2 of these Terms.

5.3Local Profile

Once the Account is created, each user will have a Local Profile. A variety of information can be entered in the profile, including date of birth, languages spoken, countries visited, photos, interests, as well as connecting the profile to their own social pages. In all BAL Profiles there is a default slogan: "I love BEALOCAL.TRAVEL!". Each User will be able to change and customise it at any time by logging into their Account. Every User will be able to activate the function that allows profile’s visitors to directly access User’s social pages via direct links. This is not a function that is mandatory to activate. In addition, in their Profiles, users will be able to indicate the services offered as Locals as well as any age and gender preferences with respect to the Travelers who will be able to use the services offered. Through the "preview profile" function, the user can verify how the profile will be displayed. For each Profile, an activities report will be shown and, in particular, contacts received, response rate and last login.

5.3.a Friends review

Each user will be able to copy and share privately or via social media a personal link through which their friends and contacts can write a review on BAL. The more testimonials You receive, the more trustworthy Your Profile will be in the eyes of the Community members. Once You have a certain number of testimonials, you can receive BAL points (see Article 6.6) Once published, reviews are always linked to the Profile of the User who wrote them. Therefore, it will be possible to report the User who posted the review to the Owner, who will decide whether or not to delete the review if he considers it appropriate in view of the usage limits, content rules and obligations set out in these Terms.

5.4Account deletion and suspension

Any registered User may deactivate the Account, request its deletion and stop using the Service at any time, through the appropriate BAL private interface available on the User’s Profile. The Owner, in case of violation of these Terms, reserves the right to suspend or close the User's Account at any time and without prior notice. The Owner reserves the right to suspend or terminate the User's Account at any time and without notice if it believes that:

• The User has violated these Terms; and/or
• User has published contents in violation of the law or these Terms; and/or
• User’s access to or use of the Service may cause disturbs or damages to the Owner, other Users of the Community or third parties; and/or
• His/Her use of BAL may result in a breach of applicable law or regulation; and/or
• In the event that the Owner, in his sole discretion, considers that the User’s Profile does not contain truthful information or is a double Profile created by the same User; and/or
• In the event of an investigation as a result of legal action or public authority involvement; and/or
• In the event the Account is deemed by the Owner, in its sole discretion and for whatever reason, to be inappropriate or offensive or in breach of the Contract or not in line with the Owner's standards.

Likewise, the Owner reserves the right, at its sole discretion, to hide, suspend or delete the User's Profile if the content posted does not comply with the provisions of these Terms and/or the law, as well as if the User's behaviour causes damage to BAL Community. The termination of the User Account is suspended until the expiry of any paid subscription purchased by the User.

6. BEALOCAL.TRAVEL functions and services

Inside the BEALOCAL.TRAVEL Website there are two different Boards: one shows posts where Locals offer their services (Locals Board) while the other shows Travel requests from Travelers (Travel request Board). Each Board makes visible all the published posts and filters can be applied so that only those posts having the requirements requested by the User are shown. The Owner clarifies that some features of BEALOCAL.TRAVEL are accessible only to Users who have an active PRIME subscription. In addition, there are some usage limitations (e.g. in the number of posts that can be published or in the number of Travelers/Locals that can be contacted) for all those Users who do not have activated a PRIME subscription. Every post that is published must contain true and correct information. Each User agrees to check the information and data included in the post (Service offer or Travel request) before proceeding to publication. The User also undertakes to verify the absence of linguistic errors. The provisions on permitted and eligible content included in Articles 8 and 9 of these Terms apply

6.1 Locals Board and Services

Posts featured on the Local Board are divided into categories according to the service offered there (Local Guide, Local Experience, Online Local Guide, Online Local Experience, Home Restaurant, Home stay). For each post, information about the service offered will be displayed including maximum number of people allowed, age/gender of Travellers targeted by the service, as well as additional useful aspects depending on the type of service offered. For example, in the case of Home restaurant and Homestay services, information will be given on where the Local's home is located, but without immediately indicating the exact location. The address will be made visible only after the service is chosen. The service offered by the Local may be free, for a fee, or involve a tip chosen by the Traveler. The price shown in the post must be true and correct, inclusive of any expenses, additional costs or taxes, and the Traveler may not be charged a higher price than the one shown. The Local selects the relative currency. When determining the price to be charged for the service offered, each Local endeavours to charge the lowest possible price, especially in view of the fact that BAL - unlike other online providers - does not charge commissions. In accordance with applicable regulations, it is prohibited to charge different service prices based on the nationality of the Traveller. Therefore, the User is obligated to charge the same price regardless of the nationality of the User. Should there be any violations, the Owner reserves the right to take appropriate action.

6.1.a verification of any legal limits and requirements

BEALOCAL.TRAVEL does not verify the national and local regulations of all states in the world. Therefore, it will be the responsibility of the Local offering the service to verify whether the service can be provided in that specific country or Location and under which conditions/requirements. The Owner specifies that in some countries and in some locations authorization or fulfilment of certain legal conditions/formalities may be required in order to provide some of the services and that, in some cases, the provision of the service may be illegal. Locals User agrees to acquire the necessary authorization and fulfil the required conditions before providing the service to Travelers. In addition, the Local is obliged to ascertain any prohibitions, licences, formalities required by law in reference to the provision of the service offered. In particular, in the case of Home restaurant service, Locals shall undertake to acquire the necessary permits and licences, as well as to comply with the sanitary and hygienic regulations in force. The Owner cannot be held responsible for any violations.

6.2 Travel request Board

Each User Traveller is enabled to post Travel requests in order to be contacted by Locals offering corresponding services or in order to ask information about a destination or a journey they wish to make. In addition, the Traveller may also publish a Travel request in order to find a Travel companion. Every User can also tag locations, places, hotels etc. The Travel request should contain information about the destination, Travel period, and number of people requesting the service.

6.3 BEALOCAL.TRAVEL Private messaging area

For communications relating to requests for availability of services offered by Locals and for communications in response to Travel requests, all Users shall be offered a private messaging function (BEALOCAL.TRAVEL Private messaging area). The User agrees to always use the Private messaging area in an appropriate manner, respecting other BAL Users and only in connection with BEALOCAL.TRAVEL. The Private messaging area may not be used for any purpose other than the use of BAL and the Service offered therein. You also agree not to send messages that have illegal or violent content or that may in any way harm other Users. The Owner reserves the right to monitor and suspend any User Account suspected of abusing the private messaging function or using it unlawfully, in violation of these Terms or otherwise causing harm to other Users. The User understands and accepts that the Owner may need to access the Private messaging area- and, therefore, view the communications contained therein - for necessary site maintenance or in the event of a request from the public authorities, who may also require a copy of the communications.

6.4 BEALOCAL.TRAVEL provision of services

After presenting the services offered correctly and truthfully and in accordance with the provisions of these Terms, every Local shall have the opportunity to be contacted by Traveler or to contact Travellers who have published a corresponding Travel request. The Traveller can contact the Local by accessing the Local’s Profile. At that point, if available, Traveler can also access the Local's social pages. These functions may be restricted for non-Prime members. Locals and Travelers can use the BAL Private messaging area to start communicating. After first contact, BAL encourages members to use their social networks or other means of communication in order to better know each other and exchange any useful information before meeting. The User is requested not to publish an excessive number of posts in order to ensure that all Users can use the Website correctly. Otherwise, the Owner may proceed to suspend or delete the User's Account.

6.4.a Payment of the Services offered by the Locals

Payment for the services offered by the Locals must be handled outside BAL. The Owner does not intervene for any reason concerning the payment of services offered by Locals and assumes no responsibility in this regard. the User who intends to purchase the services offered by Locals understands and agrees that the Website converts the currency entered by the Locals to the currency applicable in the User's home country but such conversion may not be accurate due to over rounding (e.g. 16.6, would be rounded up to 17). Therefore, the Owner assumes no responsibility if the price is slightly different than the exact currency-to-currency conversion. Conversion is done based on the value of the currency present on the day of conversion. Therefore, the price may vary depending on the day the service offer is displayed.

6.4.b Liabilities

The Owner only provides a platform to facilitate the contact between Locals and Travelers. Therefore, the Owner remains uninvolved in everything concerning the payment and provision of the service offered by the Local. Everything concerning the provision and payment of the fee-based services shall be carried out outside the Platform without any involvement on the part of the Owner. Nevertheless, it is hereby clarified that Locals cannot charge the Traveler a higher price than that stated in the post, nor is the Traveler obliged to pay a higher price than that stated in the post. The Local undertakes to provide the service in a suitable, lawful, and professional manner, avoiding any behaviour that may cause inconvenience or any damage to Travelers or other Locals. In addition, each Local undertakes to keep information about their services always updated and to specify if a service is no longer available. In the event of violations, the Owner reserves the right to take the measures deemed appropriate. Likewise, the Traveler undertakes to behave properly and appropriately towards every Local, particularly with regard to the Home stay and Home restaurant services. All users undertake to respond promptly to all messages and requests received. All users shall be obliged to comply with any rules of conduct that the Owner may communicate to them and apply in respect of the Services provided on BAL. The Locals and Travelers are personally liable for any infringement and any damage that they may cause, regardless of whether such conduct occurs within or outside the Website, and - except in cases provided for by law - any involvement and liability on behalf of the Owner is excluded. In addition, Users will be liable for any damage caused to the image and reputation of BEALOCAL.TRAVEL. Should the User discover any violations, please report this to the Owner. In the event that the violation is ascertained, the Owner reserves the right to take the necessary measures, including the suspension and deletion of the User Account, as well as to claim compensation for any damages suffered or to pursue other legal remedies.

6.5 Interaction with other users

The User agrees to use appropriate precautions in all interactions with other Users. Specifically, Travellers undertake necessary investigations before meeting with a Local or other Travellers, such as making a video call and checking the social profiles of the Local or Traveler. You are solely responsible for your interactions with other Users, whether online or in person. With respect to interactions with other websites, social pages, or platforms, the terms and conditions of use of such providers apply. BEALOCAL.TRAVEL cannot get involved in any disputes with other Users and accepts no liability for any loss or damage resulting from any interaction on the Website. Nevertheless, the Owner reserves the right to intervene, at his discretion.

6.6 BEALOCAL.TRAVEL points

BEALOCAL.TRAVEL allows the User to collect points whenever certain actions are performed or certain information and data are entered on their Profile. The points represent the degree of "visibility" of a Local Profile and, therefore, the possibility for the Local to receive more requests from Travelers. For example, you may receive points if you upload your own photos or connect your social profiles to BAL. The Owner understands and accepts that the points have no economic value and do not entitle the acquisition of prizes or other economic advantages but instead have the mere function of providing an index on the degree of "visibility" of a Local's Profile.

6.7 Travels insights and affiliate programs

The Owner specifies that BEALOCAL.TRAVEL provides Travellers with useful advice, suggestions , tips and links that can help them in their Travel experience. In addition, BAL is part of affiliate programs with airlines, insurance companies, phone companies, car rentals and so forth in order to allow Users to take advantage of discounts and benefits. In all these cases, the User will be able to directly access the company's website and check what they are offering. The User undertakes to check the websites of such third parties so as to make sure that the information regarding the services they offer is always updated. For anything not provided for herein, please refer to the provisions of Article 8.3 of these Terms with respect to access to external resources.

7 BEALOCAL.TRAVEL PRIME subscriptions

Some of the features offered on BEALOCAL.TRAVEL as part of the Service are chargeable and are indicated as "PRIME" features. To access these features, the User must activate a PRIME subscription. The list and description of PRIME services that require a PRIME subscription are contained in the relevant sections on the BEALOCAL.TRAVEL Website. The fees, duration and conditions applicable to the PRIME subscription are described below and in the corresponding sections of the Website. To proceed with the purchase, the User is required to register or log in to BAL.

7.1 Subscription

Through subscription, the User can access the PRIME Services on a continuous or periodic basis. Details regarding the type of subscription, prices and termination are described below and in the relevant section of BAL Website. Fixed-term paid subscriptions commence on the day the Owner receives the payment and remain active for the subscription term chosen by the User or otherwise indicated during the purchase process. Once the subscription term is over, the PRIME services will no longer be accessible. Users with an active PRIME subscription are qualified as Prime members

7.2 PRIME subscription purchasing procedure

If you decide to become a PRIME member, you will need to select your country of residence on the payment page before proceeding with payment. In case the User's country of residence is Italy, VAT amounting to 22% of the PRIME subscription price shall be applied to the prices specified therein. In this case, at the time of Subscription the User located in Italy undertakes to select the option in which VAT is applied. The Owner shall not be held liable for all the resulting consequences of failure to select the correct option and, therefore, failure to pay VAT. Users who would like to receive the invoice must, after payment, send their request to the following email address: fatturazione@bealocal.travel. The email must indicate: First name, last name, VAT number, home address and country of residence (which must correspond to the one indicated during the subscription purchase process), email address used within the site, URL of your personal Profile.

7.2.a Reservation of rights of use

Until receipt of payment of the full purchase price by the Owner, the User does not acquire the rights of use of the PRIME Services.

7.3 Subscription payment

Details of the accepted means of payment are highlighted during the purchase process. Some means of payment are tied to additional conditions or incur additional costs. Details can be found in the relevant section of BAL. All payments are handled independently by third-party services. Therefore, the Owner does not collect any payment-related data - such as credit card numbers - but receives a notification once the payment is successful. In the event that the payment made by one of the available means fails or is rejected by the payment service provider, the Owner is not obliged to execute the order. Any costs or fees resulting from the failed or rejected payment shall be borne by the User. Within the BEALOCAL.TRAVEL Website it will be only possible to purchase the PRIME Subscription. Therefore, payment for the services offered by the Locals must be handled outside BAL.

7.3.a Authorisation for future PayPal payments

In the event that the User authorises the PayPal function allowing future purchases, the Owner will store an identification code linked to the User's PayPal account. This will enable the Owner to automatically process payments for future purchases or for the payment of periodic instalments of a previous purchase. This authorisation can be revoked at any time by contacting the Owner or by modifying the personal PayPal settings.

7.3.b Subscription Prices

During the purchase process and before placing the order, Users are properly informed of all fees, taxes and costs that will be charged to them. Prices on BAL include all applicable fees, taxes and costs.

7.3.c Promotions and discounts

The Owner may offer special discounts or promotions for the purchase of the PRIME subscription. Such promotions or discounts are always subject to the requirements set out in the relevant section of BAL. Promotions and offers are always granted at the sole discretion of the Owner. Repeated or periodic promotions or discounts do not constitute any claim or right enforceable by Users in the future. Depending on the case, discounts and promotions are valid for a certain period of time or while stocks last. Unless otherwise specified, time limitations on promotions and discounts are understood to refer to the time zone of the Owner’s location, as indicated in the contact details in this document.

7.3.d Free trial and subscription discount

BEALOCAL.TRAVEL provides users the opportunity to obtain a free trial period or PRIME subscription discount if they proceed to recommend BAL to their contacts. The requirements and procedures for accessing the free trial and subscription discounts are described in the relevant section of the BAL Website.

7.4 Automatic renewal of fixed-term subscriptions

Subscriptions are automatically renewed by charging the payment means chosen by the User at the time of purchase. The renewal lasts for the same period as the original subscription period. The User will receive a reminder about the upcoming renewal with adequate advance notice, which will describe the procedure to be followed to deactivate the automatic renewal.

7.5 Termination

Subscriptions may be terminated by logging into the Account and following the instructions on BAL. If the notice of termination is received by the Owner before the renewal date of the subscription, the termination will take effect at the end of the current period.

8 Use of BEALOCAL.TRAVEL and connected rights

8.1 Permitted use and liabilities

BEALOCAL.TRAVEL and the Service may be used only for the purposes for which they are offered, in accordance with these Terms and applicable law. User understands and agrees to be fully responsible for all use of BEALOCAL.TRAVEL, as well as for all activities and actions taken within BAL's Website. It is the sole responsibility of the User to ensure that the use of BAL and/or the Service does not violate any laws, regulations or the rights of third parties. Therefore, the Owner reserves the right to take all appropriate measures to protect his legitimate interests, and in particular to deny the User access to BAL or the Service, to terminate contracts, to report any objectionable activity carried out through BAL or the Service to the competent authorities - e.g. the judicial or administrative authorities - whenever there is a suspicion that the User is violating laws, regulations, third party rights and/or the Terms. Users are responsible for taking appropriate security measures - such as anti-virus software - and firewalls to prevent possible infections or attacks and to protect backup copies of all data and/or information exchanged or uploaded on BAL.

8.2 Limitation of use

In particular, by way of example but not limited to, it is forbidden for Users to carry out the following activities:

• pretend to meet any requirement to access BAL or use the Service, such as being of legal age or qualifying as a Consumer;
• conceal their own identity, use the identity of others, or pretend to act on behalf of a third party, unless authorised by such third party; or
• altering identities in order to conceal or disguise the origin of their published content or messages;
• defame, threaten, abuse, use intimidating practices or violate the rights of third parties in any other way;
• promote any political, ethnic, racial or religious organisation (especially terrorist organisation), or belief; or
• promote activities that may endanger their own life or that of any other User or cause physical harm. Included in this category, but without any exclusion, are the threat of or incitement to commit suicide, the exaltation of intentional physical trauma, the use of illegal drugs, and alcohol abuse. The publication of content that promotes, encourages or illustrates self-destructive or violent attitudes on BAL is not tolerated under any circumstances;
• use BAL or its technology infrastructure in an abusive, excessive or otherwise inappropriate manner (e.g., for spamming purposes);
• misuse another User's Account; or
• collect or extract personal data and identifying information about other Users, including, without limitation, email addresses or contact information, by violating the privacy settings of other Users' Accounts on BAL or in any other way; or
• use information about other Users, such as personal or contact information, for purposes other than BAL's purposes;
• offer through BAL, for free or for a fee, services other than those permitted by BAL or whose offer/sale is prohibited by law;
• manipulate the price of the Services offered; or
• following payment by the Traveler, make themselves unavailable or fail to provide the requested service, provide the service in delay or in violation of the law or these Terms.

In addition, Users are prohibited to:

• challenge, analyse, or test the vulnerability of BAL, the services and networks connected to the Website, or violate security or authentication procedures on BAL, the services and networks connected to BAL; or
• install, embed, upload, or otherwise incorporate malware into or through BAL; or
• post or store any material that contains viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; or
• attempt to disrupt, interfere with or tamper with the performance of the Website, the data contained therein, or
• the technology infrastructure in a manner that causes undue damage or burden to BAL or the Service; or
• take any action that imposes an unreasonable or disproportionately large load on our system; or
• engage in activities that disrupt, interrupt, damage, or otherwise violate the integrity of BAL or other Users'
• devices. Such activities include: spamming, unlawful dissemination of advertising, phishing, fraud against third parties, dissemination of malware or viruses, etc; or
• implement automated processes to extract, collect or capture information, data and/or content from BAL and all related digital extensions, unless expressly authorised by the Owner (so-called scraping).

8.2.a Prohibitions on commercial use

The owner specifies that it is also prohibited:

• Register on BAL while being a company or legal entity;
• Open an Account or use BAL to promote, sell, or advertise products or services of any kind in any way;
• Pretend or imply in any way, without specific authorization, that you have a relationship with BAL, that you are supported by BAL, or that BAL endorses your or a third party's products or services for any purpose.

8.3 Access to external resources

Through BEALOCAL.TRAVEL Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability. The conditions applicable to the resources provided by third parties, including those applicable to any concessions of rights to content, are determined by the third parties themselves and governed by their terms and conditions or, in their absence, by law.

8.4 Software licence

Any intellectual or industrial property right as well as any other exclusive right existing on the software or technology integrated in or related to BEALOCAL.TRAVEL is held by the Owner and/or its licensor. Provided that the User complies with these Terms and notwithstanding any provision to the contrary contained herein, the Owner grants the Users a revocable, non-exclusive, non-transferable and non-sublicensable licence to use the software and/or technology integrated into the Service within the framework and for the purposes of BEALOCAL.TRAVEL and the Service offered. The licence does not include any right to access, use or disclose the original source code to the User. The techniques, algorithms and procedures contained in the software and related documentation are the exclusive property of the Owner or its licensor. The granting of rights and licences to the User shall cease with immediate effect in the event of termination or expiry of the Agreement.

8.5 API Terms of Use

The User expressly acknowledges and agrees that the Owner shall not be liable for any damages or losses resulting from the User's use of the third parties’ API or third parties’ products or services that access data through the API.

9 Contents

Unless otherwise stated or clearly recognisable, all content available on BEALOCAL.TRAVEL is owned or provided by the Owner or its licensors. The Owner takes the utmost care to ensure that the content available on BEALOCAL.TRAVEL does not violate applicable law or the rights of third parties. However, it is not always possible to achieve this result. In such cases, without prejudice to any legally enforceable rights and claims, users are requested to address their complaints to the contact details specified in this document. For the same purpose, according to Article 20 of the Digital Service Act, BAL provides its users with an effective internal complaint-handling system through which Users can lodge complaints following a decision taken with regard to illegal content.

9.1 BEALOCAL.TRAVEL’s contents rights

The Owner holds and expressly reserves all intellectual property rights over the aforementioned contents. Users are not authorised to use the content in any way that is not necessary or implicit for the proper use of the Service. In particular, but without exclusions, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sub-licensing, transforming, transferring/licensing to third parties, or creating derivative works from content available on BAL, to allow third parties to engage in such activities through their User Account or device, even without their knowledge. Where expressly stated on the BAL Website, the User is authorised to download, copy, and/or share certain content available on BAL solely for personal, non-commercial purposes and provided that the attribution of authorship of the work as well as any other relevant circumstances required by the Owner are observed. The limitations and exclusions provided by copyright law shall remain unaffected.

9.2 Liabilities connected to post and other contents published by the Users

Users understand and agree that they are solely responsible for the content published on BAL. Therefore, We cannot be liable for illegal user-generated contents unless we have actual knowledge of such content or, upon obtaining such knowledge, fail to act in due course to remove or block the content. In the event that You publish one or more contents that are illegal or prohibited under Article 9.3 of these Terms, the Owner reserves the right to take all measures deemed appropriate, including to deny the User access to BAL or the Service, to terminate the Contract and to report any objectionable activity to the competent authorities. According to Article 23 of the DSA, in the event that the user repeatedly provides manifestly illegal contents or frequently submits manifestly unfounded notices, the Owner will be compelled to take much stricter measures.

9.3 Prohibited contents

You understand and agree that it is prohibited to publish contents:

• That are unlawful, illegitimate or which might constitute or encourage any behaviour that could be considered a criminal offence;
• That are harassing, threatening, abusive, misleading, defamatory or inappropriate;
• That are obscene and/or pornographic;
• That directly or indirectly promotes hatred, racism, violence or any form of discrimination (on religious orientation, sexual orientation, etc.);
• That are false or likely to cause unjustified alarm;
• That are protected by intellectual property law, including, but not limited to, patents, trademarks and copyrights, without the permission of the rights holder;
• That infringe the rights of third parties, including, but not limited to, military, commercial, professional or state secrets and personal data;
• That are false, incorrect, misleading, defamatory or offensive in relation to the services offered on BAL;
• That are of minor use in view of BAL's functions and/or are otherwise not in accordance with the use of the Service;
• That promote third parties’ products or services and or/that incorporate links to external resources;
• In violation of these Terms and Conditions;
• In violation of the law and any applicable rules and regulations;
• That may in any way cause harm to other Users, violate their rights or otherwise give rise to civil liability or non-compliance with any relevant laws of the local jurisdiction.

9.4 Monitoring of contents on BAL

According to the law, the Owner is not obligated to perform any monitoring of contents but likewise to act solely in case of knowledge of illegal contents and/or on the basis of warnings placed by users regarding the presence of such illegal contents on BAL. Therefore, an exemption from liability always applies in respect of such unlawful contents unless it is proved that the Owner was aware or had been notified of the presence of such unlawful content and, despite this, did not act accordingly. Nevertheless, the Owner reserves the right to correct and/or amend and/or delete, at its complete discretion, content posted by Users if it deems this to be illegal, incomplete, incorrect or unsuitable for BAL. Specifically, the Owner reserves the right to check the legitimacy, accuracy and truthfulness of the content, as well as to correct any typing, grammatical or language errors in order to ensure that the content of the posts is understandable, and users are always correctly informed. For the same reasons, the Owner reserves the right to change or delete certain data or information entered by the User in his/her Profile. Regarding these aspects, It is specified that, pursuant to article 7 of the DSA, the fact that the Owner carries out voluntary own-initiative investigations or takes other measures to combat illegal contents, does not lead to the inoperability of the liability exemption on his behalf and is, instead, encouraged. The Owner guarantees that contents amendments will always be made in full compliance with the law (especially the Digital Service Act), applicable regulations and the fundamental rights of online users.

9.5 How to file a "takedown notice" (known as a "DMCA notice") under United States copyright law

If the copyright owner or their representative believes that content from BEALOCAL.TRAVEL infringes their right, they may submit a notice under the Digital Millennium Copyright Act ("DMCA") by providing the copyright agent ("copyright agent") of the Owner in writing with the following (see 17 U.S.C 512(c)(3) for more information):

• The signature or digital signature of the person authorised to act on behalf of the owner of the allegedly infringed right;
• The identification of the protected work allegedly infringed or, if the notification relates to more than one work on the same site, a summary list of such works;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or disabled, as well as information reasonably sufficient to permit the identification of the material by the Owner;
• Information reasonably sufficient to permit the Owner to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address;
• A statement by the complaining party confirming in good faith that the disputed use of the material is not authorised by the rights holder, its representative, or the law;
• A statement by the complainant that the information in the notification is correct and, under penalty of perjury, that it is authorised to act in the interest of the owner of the exclusive right that is allegedly infringed.

Failure to comply with the above requirements may result in invalidity of the notification under the DMCA. Notification of copyright infringement may be sent to the Owner, who acts as Copyright Agent, at the addresses indicated in this document.

10. Limitation of liability

With the exception of cases provided by law, the Owner specifies that it cannot be held responsible for the behaviour adopted by Users inside and outside BAL Website. Specifically, the Owner shall not be held responsible:

• for any harmful or malicious conduct engaged in by Locals in the provision of the Service, as well as for any damages and economic losses that may be caused to the Traveler; or
• for the delayed or failed provision of the services offered by Locals, not even for those for which payment has already been made by the Traveler; or
• for the content posted by Users, except for what is provided in Article 9 of these Terms; or the unlawful use or violation of these Terms made by Users and any consequent damage caused to other Users or third parties; or
• for anything stated, provided or sold by third parties that BAL may refer to or advertise on its Website; or any damage to the User's computer systems while using BAL; or
• loss of credentials or use of the Account by unauthorised third parties; or
• In the event that the Local does not possess the necessary authorizations, requirements or formalities required by the law of the place where the service is provided or in the event that the provision of that service is prohibited by the same law.

10.1 Limitation of liability for European Users

Users acknowledge and agree that Owner only provides Users with the technical infrastructure and functionality available on BAL. The Owner does not intervene in any way as an intermediary, moderator or promoter in the interactions, agreements or transactions between Users and therefore disclaims any responsibility for such interactions between Users, and for the fulfilment of any obligations by Users. Unless otherwise specified and subject to the applicable statutory provisions on product liability, all claims for damages against the Owner (or any natural or legal person acting on its behalf) are excluded. The foregoing shall not limit the Owner's liability for death, personal injury or damage to physical or mental integrity, damages arising from the violation of essential contractual obligations, such as obligations that are strictly necessary for the achievement of the cause of the Contract, and/or to damages caused with intent or gross negligence, provided that the use of BAL by the User was appropriate and correct. Unless the damage was caused with intent or gross negligence or affects life and/or personal, physical or mental integrity, the Owner shall only be liable to the extent of the damage typical for the type of contract and foreseeable at the time of conclusion. In particular, to the extent stated above, the Owner assumes no liability in respect of:

• any loss of earnings or other losses, including indirect losses, that the User may have suffered (such as, but not limited to, commercial losses, loss of revenue, profit or anticipated savings, loss of contractual or commercial relationships, loss of goodwill or damage to reputation, etc.);
• damages or losses resulting from interruptions or malfunctions of BAL due to force majeure or unforeseen and unforeseeable events and, in any case, independent of the Owner's will and control, such as, but not limited to, breakdowns or interruptions of telephone or electricity lines, Internet connection and/or other means of transmission, inaccessibility of websites, strikes, natural disasters, computer viruses and attacks, interruptions in the supply of third party products, services or applications;
• any losses that are not a direct consequence of a breach of the Terms by the Owner;
• Damage, prejudices or losses due to viruses or other malware contained in or linked to files that can be downloaded from the Internet.

In case of liability of the Owner, the compensation due may not exceed the total amount of payments that have been, will be or may be contractually due to the Owner by the User for a period of 12 months or for the entire duration of the Agreement, whichever is shorter.

10.1.a Indemnity

The User agrees to indemnify and hold indemnified the Owner and its subordinates, affiliates, officers, agents, co-brand owners, partners, and employees from any claim or demand - including, without limitation, attorneys' fees and expenses - made by any third party due to or in connection with negligent conduct such as using or connecting to the Service, violating these Terms, or violating any third party's rights or laws by the User, its affiliates, officers, agents, co-brand owners, partners, and employees, to the extent permitted by law.

10.2 Limitation of Liability for United States Users

To the fullest extent permitted by applicable law, in no event shall the Owner and its subordinates, affiliates, officers, agents, co-brand owners, partners, suppliers and employees be liable for:

• any indirect, intentional, collateral, special, consequential or punitive damages, including but not limited to damages resulting from loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of or inability to use the Service; and
• any damage, loss or injury resulting from hacking, tampering or other unauthorised access to or use of the Service or User Account or the information contained therein;
• any errors, omissions or inaccuracies in the content;
• any personal injury or property damage of any kind resulting from your access to or use of the Service;
• any unauthorised access to the Owner's security servers and/or any personal information stored therein;
• any interruption or cessation of transmissions to or from the Service;
• any bugs, viruses, trojans or similar that may be transmitted to or through the Service
• any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Service; and/or the defamatory, offensive or illegal conduct of any User or third party.

In no event shall the Owner and its subordinates, affiliates, officers, agents, brand joint owners, partners, suppliers, and employees be liable for any claim, proceeding, liability, obligation, damage, loss, or cost in an amount greater than the amount paid by the User to the Owner during the preceding 12 months, or for the term of this Agreement between the Owner and the User, whichever is shorter. This limitation of liability section applies to the fullest extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability arises from contract, tort, negligence, strict liability or any other basis, even if the Owner was advised of the possibility of such damage occurring. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, so the above limitations or exclusions may not apply to you. These Terms give You specific legal rights, and You may have other rights that vary from jurisdiction to jurisdiction. The disclaimers, exclusions or limitations of liability in these Terms do not apply beyond the limits provided by applicable law.

10.2.a Indemnity

The User agrees to defend, indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-branders, partners, suppliers and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, burdens or debts and expenses, including, without limitation, legal fees and expenses arising from:

• Your use of or access to the Service, including any data or content transmitted or received by You;
• Your breach of these Terms, including, but not limited to, any breach by You of any representation or warranty set forth in these Terms;
• Your violation of any third party rights, including, but not limited to, any rights relating to privacy or intellectual property;
• any violation by the User of any applicable law, rule or regulation;
• any content posted by the User's Account, including, but not limited to, misleading, false or inaccurate information, and including where access is gained by a third party using the User's personal username and password or other security measures, if any;
• any fraudulent misconduct of the User; or
• any violation of any legal provision by the User or its affiliates, officers, agents, co-branders, partners, suppliers and employees, to the extent permitted by applicable law.

10.2.b Exclusion of warranty

The Owner provides BEALOCAL.TRAVEL "as is" and subject to availability. Use of the Service is at the User's own risk. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service shall create any warranty not expressly set forth herein. Notwithstanding the foregoing, the Owner and its subordinates, affiliates, officers, agents, co-branders, partners, suppliers and employees do not warrant that the content will be accurate, reliable or correct; that the Service will be available, uninterrupted and secure, at any particular time or place; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Federal laws, some states and other jurisdictions do not allow the exclusion or limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users special legal rights. Users may have additional rights that vary from state to state. The limitations and exclusions in this Agreement apply to the extent permitted by law.

10.3. Limitation of Liability for Australian Users

Nothing in these Terms shall exclude, limit or modify any warranty, condition, indemnity, right or protection that You may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territory legislation and which constitutes a right that cannot in any way be excluded, limited or modified (a non-excludable right). To the fullest extent permitted by law, our liability towards You, including liability for the infringement of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, shall be limited, at the Owner's discretion, to the re-provision of the Services or payment of the cost of re-provision thereof.

11 Applicable law and dispute resolution

The language of this Contract is the English language. All the clauses of the present Terms and Conditions of Use, all transactions and purchasing operations carried out from BEALOCAL.TRAVEL Website are governed by Italian law. Any dispute that cannot be settled amicably will be subject to the jurisdiction of the Courts of the registered office of the Owner’s company. The foregoing does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway or Iceland. In the latter case, the dispute will be subject to the jurisdiction of the Courts where the Consumer is resident. In the event of a case not covered by these Terms and Conditions, the distance selling rules of the place where the company has its headquarters shall apply.

11.1. Amicable settlement of disputes

Users may report any disputes to the Owner, who will attempt to resolve them amicably. Without prejudice to Users' right to take legal action, in the event of disputes relating to the use of this Service, Users are requested to contact the Owner at the contact details indicated in this document. The User may address a complaint to the e-mail address of the Owner indicated in this document, including a brief description and, if applicable, the details of the Account concerned. The Owner will process the request without undue delay and within 20 days of receipt.

11.2. Consumer Dispute Resolution Platform

The European Commission has introduced an online platform for alternative dispute resolution that facilitates the out-of-court settlement of disputes relating to and arising from online sales and service contracts. Therefore, any European consumer can use this platform to resolve any dispute arising from contracts concluded online. The platform is available here. https://ec.europa.eu/Consumers/odr/

12. Miscellanea

12.1. Separability

The invalidity of a contractual clause does not entail the invalidity of the entire Terms and Conditions.

12.2. Privacy and data protection

For information on the use of personal data, Users should refer to BAL's privacy policy available at the following link: https://www.iubenda.com/privacy-policy/20335465, which is considered part of these Terms. Where the User has provided His/Her consent, the Owner may process the User's personal data (photos and videos included) for marketing purposes or sell such data to third parties belonging to the product categories indicated in the Privacy policy.

12.3. Intellectual property

The Contract concluded between the User and BAL does not entail any transfer of intellectual or industrial property rights. The reproduction or representation of all or part of any of the distinctive signs appearing on the Website is strictly prohibited and must be subject to prior written authorization. The elements reproduced on the BAL’s Website, are exclusive property of the publisher and are protected by copyright, trademark law and patent law. Any reproduction and dissemination of these elements, without prior written permission from the publisher, expose violators to legal action.

12.4. Interruption of Service

In order to guarantee Users the best possible use of the Website, the Owner reserves the right to interrupt the Service for maintenance or system updates, informing Users through constant updates on BAL Website.

12.5. Resale of the Service

Users are not authorised to reproduce, duplicate, copy, sell, resell or exploit any portion of BAL and its Services without the prior written permission of the Owner, granted directly or through a specific resale programme. The Owner may tolerate forms of resale made on a personal (one-to-one) and limited basis. Any form of mass resale is expressly excluded.

12.6. Post-Contractual Effectiveness for U.S. Users

This Agreement remains in effect until terminated by BEALOCAL.TRAVEL or the User. Following termination, the provisions contained in these Terms which by their nature are intended to survive termination or expiry of the Agreement shall remain in force, including but not limited to the following: the granting of licences by the User under these Terms shall continue indefinitely; the User's indemnification obligation shall survive for a period of five years from the date of termination; the disclaimers, warranties, provisions in the disclaimers and limitations of liability section shall survive indefinitely.

12.7. Communications and Complaints

All communications relating to BAL must be sent using the contact information indicated in the Contract. The User may address their complaints to BAL e-mail address indicated in this document, including a brief description, the URL of his personal Profile, and, if applicable, the details of the Account concerned. In addition, according to article 20 of the DSA, the Owner again specifies that BAL provides its Users with an effective internal complaint-handling system through which Users can lodge complaints following a decision taken with regard to illegal content BAL will process the request without undue delay and within 20 (twenty) days of receipt.

12.8. No implied waiver

The Owner's failure to exercise any statutory right or claim under these Terms shall not constitute a waiver thereof. No waiver shall be deemed conclusive with respect to a specific right or any other right.

12.9. Advertisement

On BEALOCAL.TRAVEL Users may come across advertisements provided by third parties. The Owner does not control or moderate the advertisements displayed through BAL. By clicking on any such advertisement, the User will interact with the third party responsible for the advertisement. The Owner is not responsible for what may result from such interaction with third parties, access to third party sites or use of third party content.