Termini e condizioni

TERMS & CONDITIONS – VIVALOCAL (ENGLISH, FINAL VERSION)

 

Last updated: April 7th, 2026

 

1. Introduction

These Terms and Conditions (the “Terms”) govern access to and use of the VIVALOCAL platform, including its website and any related applications or services (collectively, the “Platform”), operated by:

 

TRIP EXPERIENCES LIMITED

Registered office: Ivy Exchange Apt.3, Parnell Street, D01WA21, Ireland

Registration number: 732170

Email: vivalocalwelcome@gmail.com

 

VIVALOCAL operates as an online intermediary marketplace that enables Users to browse and book accommodation and touristic experiences offered and delivered by independent third-party service providers (Partners). VIVALOCAL does not own, manage, provide, or control any accommodation or experiences listed on the Platform, and does not act as the organiser or retailer of travel packages.

 

By accessing or using the Platform, the User confirms that they have read, understood, and accepted these Terms. Where required by law, acceptance may be required through a click-wrap mechanism (e.g., “I accept”).

 

1. Definitions

• 1. “Account” means the personal profile created by a User to access and use certain Platform features.
• 2. “Content” means any text, images, information, reviews, ratings, listings, or other materials uploaded, posted, or displayed on the Platform.
• 3. “Listing” means an offer published on the Platform by a Partner relating to accommodation and/or an experience.
• 4. “Partner” means an independent third-party service provider (including hotel operators, hosts, guides, experience providers, or other tourism operators) that publishes Listings and provides services to Users.
• 5. “Platform” means the VIVALOCAL website and any related applications or services.
• 6. “Reservation” / “Booking” means the booking or purchase of a Partner service through the Platform.
• 7. “Service(s)” means all features, tools and functionalities made available by VIVALOCAL through the Platform, including search, communication tools, and booking facilitation.
• 8. “User” means any person who accesses or uses the Platform, including visitors and registered users.

 

1. Scope of Application

• 1. These Terms apply to all Users who access or use the Platform, regardless of nationality or place of residence. The Platform may be accessed internationally; however, VIVALOCAL does not represent that the Services are appropriate, lawful, or available for use in every jurisdiction. Users are responsible for compliance with any local laws applicable to their access or use of the Platform.

 

1. Acceptance of Terms

• 1. By accessing or using the Platform, the User confirms that they have read, understood, and agree to be bound by these Terms.
• 2. Use of the Platform is also subject to VIVALOCAL’s Privacy Policy and Cookie Policy, which form an integral part of the contractual framework governing use of the Platform.
• 3. Partner terms and conditions may apply separately to the services offered by Partners and must be accepted by the User before completing any Reservation.

 

1. Partner Regulations and Restrictions

• 1. Each Reservation relates to services offered and delivered by Partners and is subject to the Partner’s specific terms and conditions (including, where applicable, rules on cancellation, refunds, availability, participation requirements, safety rules, and security conditions). The applicable Partner terms and conditions must be expressly accepted by the User before a Reservation is completed.
• 2. Partners may refuse, cancel or restrict access to a service only in accordance with their applicable terms and conditions and subject to mandatory consumer protection law. VIVALOCAL is not a party to the contractual relationship between Users and Partners and does not control Partners’ service rules; however, VIVALOCAL may facilitate communications between Users and Partners through the Platform.

 

1. Purpose of the Service

• 1. VIVALOCAL allows Users to:
  • 1.1. search for and book accommodation and local experiences (including tours, activities, and other tourism-related services) offered by Partners;
  • 1.2. view Listings, descriptions, photos, availability and prices;
  • 1.3. submit reviews and ratings, where available; and
  • 1.4. access additional functionalities or premium services that may be introduced in the future.
• 2. VIVALOCAL acts solely as an intermediary marketplace and provides a technological platform to facilitate Reservations between Users and Partners. Unless expressly stated otherwise, VIVALOCAL does not act as the organiser, retailer, tour operator or provider of the Partner services, and does not assume responsibility for the execution, quality, safety, legality or suitability of the services provided by Partners, except to the extent required by applicable law.

 

1. Use of the Service and Account

• 1. The User must:
  • 1.1. be at least eighteen (18) years of age and have legal capacity to enter into contracts;
  • 1.2. provide truthful, accurate, and up-to-date information;
  • 1.3. not create false or multiple unauthorized Accounts;
  • 1.4. adequately protect their credentials;
  • 1.5. not make false or fraudulent reservations;
  • 1.6. not use unauthorized automated systems;
  • 1.7. use the Service only for personal and lawful purposes (B2C) or compliant professional purposes (B2B);
• 2. VIVALOCAL may suspend, restrict or terminate the User’s access to the Platform (including the Account) where reasonably necessary to:
  • 2.1. prevent fraud, misuse or security incidents;
  • 2.2. investigate suspected unlawful activity or breach of these Terms;
  • 2.3. comply with a legal obligation or lawful request by competent authorities; or
  • 2.4. protect the legitimate interests, safety and rights of Users, Partners, or VIVALOCAL.
• 3. Where reasonably possible, VIVALOCAL will provide notice to the User and information regarding the reason for such action. This clause does not affect any mandatory consumer rights under applicable law.
• 4. In order to make a Reservation, the User may be required to create a personal Account. The User is required to ensure that all information provided (including contact and payment details) is true, correct, and constantly updated. Any inaccuracy may result in the inability to access the Partners’ services.
• 5. The User is responsible for maintaining the confidentiality and security of their Account credentials (including username and password) and for all activities carried out through their Account. The User undertakes not to permit any third party to access or use their Account and must immediately notify VIVALOCAL in the event of suspected unauthorised access, loss, or misuse of credentials.
• 6. When using the Platform and/or accessing the travel experience, the User undertakes to:
  • 6.1. comply with all applicable regulations, including those of a civil, commercial, fiscal, and personal data protection nature;
  • 6.2. cooperate reasonably with any security or verification steps that are necessary to prevent fraud, protect the Platform, or comply with lawful requests, to the extent permitted by applicable law.;
  • 6.3. refrain from using the Platform improperly, avoiding causing inconvenience, making fictitious reservations, or providing false or misleading information;
  • 6.4. use the Platform and the travel experience exclusively for the intended purposes, in accordance with their natural and contractual destination;
  • 6.5. avoid any behavior likely to cause damage, disruption, or inconvenience, maintaining a correct and respectful attitude and behaviour towards both VIVALOCAL and the Partner.
• 7. When using the Platform and participating in Partner services, the User undertakes to comply with applicable laws and regulations, including civil and commercial obligations, consumer protection requirements, and data protection laws. Users agree to cooperate reasonably with VIVALOCAL in any verification processes necessary to prevent fraud, ensure Platform security, or comply with lawful requests from competent authorities, to the extent permitted by law.

 

1. Role of the Platform

• 1. VIVALOCAL operates as an online intermediary marketplace. In particular:
  • 1.1. VIVALOCAL does not directly provide the services booked by Users;
  • 1.2. VIVALOCAL enables Users to browse Listings and make Reservations with Partners and may enable payment processing through third-party payment service providers, without becoming a party to the service contract between User and Partner unless expressly stated otherwise;
  • 1.3. Listings, descriptions, photographs, prices, availability and other Content displayed on the Platform are published by Partners (or uploaded with their authorisation), and VIVALOCAL does not guarantee that such Content is accurate, complete, updated, or error-free; and
  • 1.4. VIVALOCAL takes reasonable measures to address Content that is unlawful or non-compliant once it becomes aware of it and may remove or restrict access to Content in accordance with applicable law and these Terms.
• 2. VIVALOCAL does not recommend, approve or endorse any Partner, Listing, service, facility, product, or offer displayed on the Platform. Any rankings or presentation order of Listings may be based on availability, relevance, search parameters or commercial factors and do not constitute an endorsement.
• 3. Any Reservation made through the Platform results in a contract directly between the User and the Partner. Partners are solely responsible for the performance, quality, safety, legality and suitability of the services they provide, as well as for compliance with any applicable legal, licensing, insurance, health and safety obligations.
• 4. Partners operate on the Platform under a separate contractual agreement with VIVALOCAL (the “Partner Agreement”), which governs Partner obligations (including service standards, compliance, and information accuracy). VIVALOCAL may suspend, restrict or remove a Partner and/or Listings in case of suspected unlawful conduct, breach of the Partner Agreement, safety concerns, or non-compliance with applicable law, without assuming a general obligation to monitor Partner behaviour.
• 5. VIVALOCAL acquires content and information from its Partners and cannot guarantee that it is completely accurate, up to date, and/or free of errors.
• 6. In providing the Service, VIVALOCAL exercises reasonable professional diligence and prudence. Except to the extent caused by VIVALOCAL’s wilful misconduct, fraud, or gross negligence, VIVALOCAL cannot be held liable for any inaccuracies, omissions, interruptions, or information defects. If it becomes aware of such shortcomings, VIVALOCAL undertakes to remedy them within a reasonable time.
• 7. Partners act as independent service providers. Nothing in these Terms creates any relationship of agency, employment, partnership or joint venture between VIVALOCAL and any Partner.
• 8. VIVALOCAL acts solely as an intermediary and does not in any way recommend, approve, or endorse the products, services, facilities, or other offers of its Partners.
• 9. VIVALOCAL remains uninvolved in the contractual relationships established between the User and the Partner. The latter is therefore solely responsible for the proper execution and/or quality of the experiences and/or services purchased by the User.
• 10. The offers available will be presented in the language that VIVALOCAL deems most suitable for the User, without prejudice to the latter’s right to change the display language at any time.
• 11. Unless otherwise specified in the contract, access to and use of the Platform is permitted exclusively to individuals who are at least of legal age under applicable law and who have the legal capacity to enter into binding contracts.
• 12. Users may report illegal, unsafe, or non-compliant Partner behaviour or Listings by contacting VIVALOCAL at vivalocalwecom+trust@gmail.com, and VIVALOCAL may take appropriate action in accordance with these Terms and applicable law.

 

1. Reservations and Payments

• 1. Confirmation of the Reservation and user responsibility
  • 1.1. Upon completion of a Reservation, the User will receive a confirmation email (normally within 24 hours), containing:
    • 1.1.1. a description of the service reserved;
    • 1.1.2. the total price payable (including applicable taxes and fees as displayed prior to confirmation); and
    • 1.1.3. the applicable Partner terms and conditions (including cancellation policies and any specific requirements).
  • 1.2. If a confirmation is not received within 24 hours, the User should promptly contact VIVALOCAL customer support at vivalocalwecom+support@gmail.com.
  • 1.3. The User is responsible for reviewing all Reservation details, including dates, guest/participant information, eligibility requirements, restrictions, and Partner rules, prior to confirming the Booking.
• 2. Acceptance of terms and conditions
  • 2.1. By confirming a Reservation, the User expressly accepts the Partner’s applicable terms and conditions, which are made available during the booking process and/or via the Partner’s information page. Such terms may include cancellation and refund rules, age limits, security deposits, participation requirements, house rules, and other restrictions.
  • 2.2. Where inconsistencies exist between Partner terms and these Terms, the Partner terms shall govern the delivery of the Partner service, while these Terms govern access to and use of the Platform and the intermediary role of VIVALOCAL.
• 3. Payment obligation
  • 3.1. By confirming a Reservation, the User agrees to pay the total amount displayed at checkout, including:
    • 3.1.1. the price of the Partner service;
    • 3.1.2. any applicable taxes (including VAT, local taxes or tourist taxes where applicable); and
    • 3.1.3. any Platform service fee / commission charged by VIVALOCAL, which shall be clearly shown prior to confirmation.
  • 3.2. Unless otherwise stated, the price becomes binding upon completion of the Booking process and issuance of the booking confirmation.
• 4. Dynamic prices and rounding
  • 4.1. Prices displayed on the Platform may vary depending on availability, seasonality, demand, or Partner pricing decisions. Where rounded amounts are shown for display convenience, the amount actually charged will be the precise amount shown at checkout before confirmation, subject only to minimal formatting differences.
• 5. Obvious errors
  • 5.1. Any obvious material errors or mistakes shall not be binding. By way of example and without limitation, if a higher category service is mistakenly offered at a negligible price (e.g., € 3), the Reservation may be canceled, and VIVALOCAL shall be entitled to promptly correct any obvious pricing error as soon as it is detected.
• 6. Taxes and service costs
  • 6.1. Rates may include VAT, local taxes, or tourist taxes. The rates indicated include any service costs applied by VIVALOCAL, calculated and clearly shown before the Booking is confirmed.
• 7. Payment and billing methods
  • 7.1. Payments are processed via third-party payment service providers, including Stripe or Wise (the “Payment Provider”). The use of the Payment Provider is subject to that provider’s separate terms and policies
  • 7.2. For clarity:
    • 7.2.1. VIVALOCAL is not a bank, payment institution, electronic money institution, or regulated payment services provider;
    • 7.2.2. VIVALOCAL does not provide payment services independently, but may facilitate payment collection via the Payment Provider as part of the Platform functionality; and
    • 7.2.3. unless expressly stated otherwise, VIVALOCAL acts solely as an intermediary and is not the merchant of record in relation to Partner services. The Partner remains the service provider and contracting party responsible for the performance of the booked service.
  • 7.3. Depending on the booking flow, the Payment Provider may (i) process payment directly to the Partner, or (ii) process payment in a manner enabling VIVALOCAL to deduct the Platform fee/commission and facilitate settlement to the Partner.
  • 7.4. The User acknowledges that the Payment Provider, card issuer, or bank may apply additional charges including foreign transaction fees, currency conversion fees and other processing charges. Such fees are outside VIVALOCAL’s control and remain the User’s sole responsibility.
  • 7.5. It is the User’s responsibility to ensure that their bank or payment card details are correct and that there are sufficient funds to allow the charge to be made.
  • 7.6. VIVALOCAL shall:
    • 7.6.1. collect the total amount owed by the user at the time of booking or according to the applicable payment terms;
    • 7.6.2. retain its share as commission or service fee;
    • 7.6.3. transfer the remaining amount due to the Partner, in accordance with the contractual agreements in force with the latter;
    • 7.6.4. With the User’s consent, payment method details may be stored by VIVALOCAL to facilitate future transactions.
  • 7.7. Unless expressly stated otherwise for a specific booking flow, each Partner remains the merchant of record and the contracting party responsible for the accommodation and/or experience booked by the User.
• 8. Payment models
  • 8.1. Depending on the Partner, the type of service, and the specific Listing, different payment models may apply. The applicable payment model will always be clearly indicated at checkout on a per-listing basis before the User confirms a Reservation.
  • 8.2. Default model – VIVALOCAL organises payment
    • 8.2.1. As the default payment model, the User pays the total booking amount through the VIVALOCAL checkout. VIVALOCAL facilitates the collection of payment via third-party payment service providers, deducts the applicable Platform service fee or commission, and facilitates settlement of the remaining amount to the Partner.
    • 8.2.2. Where VIVALOCAL organises payment, VIVALOCAL acts solely as a limited payment collection facilitator for the Partner and does not become the seller, merchant of record, or service provider for the Partner service.
  • 8.3. Alternative model – Pay at the property / experience
    • 8.3.1. For certain Listings, the User may complete a Reservation without paying online through the Platform and may pay the Partner directly at the property or at the start of the experience. In such cases, VIVALOCAL acts solely as a booking facilitator.
  • 8.4. Alternative model – Partner charges the User directly
    • 8.4.1. For certain Listings, the Partner may charge the User directly using the Partner’s own payment systems. VIVALOCAL does not process the payment in such cases and acts solely as a booking facilitator.
  • 9. Chargebacks and payment disputes
    • 9.1. If a User initiates a chargeback, payment reversal, or payment dispute, VIVALOCAL may temporarily suspend settlement to the Partner (or recover amounts already paid out) to the extent reasonably necessary to address the dispute. The Partner agrees to provide reasonable cooperation and information to support dispute handling. This does not affect any mandatory consumer rights.

 

1. Cancellations and Refunds

• 1. Each Reservation is subject to the Partner’s cancellation, refund, amendment and no-show policies, which are made available to the User prior to confirmation of the Reservation. The applicable policy may vary depending on the type of service booked (e.g., accommodation vs. experiences), the specific Partner terms, and the selected rate conditions. These policies shall apply subject to any mandatory consumer rights under applicable law.
• 2. The User acknowledges that certain tourism-related services, including accommodation and leisure activities provided on specific dates or within a specific period, may not benefit from the statutory right of withdrawal under EU consumer law. Cancellation and refund rights in such cases are governed by the applicable Partner policy.
• 3. Where a refund is due under the applicable Partner policy, the refund will be issued using the same payment method used for the original Reservation, unless otherwise required by law. Refund processing times may vary depending on the Partner and the payment service provider.
• 4. Where a Platform service fee is charged, the treatment of such fee in the event of cancellation shall be disclosed during the booking process. Unless otherwise stated and subject to mandatory consumer protection law, the Platform service fee becomes non-refundable once the booking is confirmed and the intermediation service has been performed by VIVALOCAL.
• 5. In exceptional circumstances, including force majeure events or where a Partner becomes unable to provide the booked service (including due to insolvency), the Reservation may be cancelled. In such cases, VIVALOCAL may, where feasible, assist the User in contacting the Partner, rescheduling, identifying an alternative service, and/or facilitating refund processing in accordance with the applicable Partner policy and mandatory law.
• 6. If the User is a consumer in the European Union, the User is informed that, under applicable consumer protection law, the statutory right of withdrawal (cooling-off right) does not generally apply to contracts for:
  • 6.1. accommodation, where the contract provides for a specific date or period of performance; and/or
  • 6.2. leisure services / experiences / activities, where the contract provides for a specific date or period of performance.
• 7. Accordingly, where a Reservation relates to accommodation or an experience scheduled for a specific date or period, the User will not have a statutory right to withdraw, and any cancellation/refund rights shall be governed by the applicable Partner cancellation policy and mandatory law.

 

1. Partner Content and Reviews

• 1. Partners are solely responsible for any information and content they publish or make available on the Platform, including Listings, descriptions, photographs, prices, availability, rules, cancellation policies, and any other materials (collectively, “Partner Content”).
• 2. Partners represent and warrant that all Partner Content:
  • 2.1. is truthful, accurate, complete and kept reasonably up to date;
  • 2.2. complies with applicable laws and regulations, including consumer protection and advertising rules;
  • 2.3. does not infringe any third-party rights, including intellectual property rights, image rights, or privacy rights; and
  • 2.4. is not unlawful, misleading, defamatory, obscene, or otherwise inappropriate.
• 3. VIVALOCAL does not guarantee the accuracy, completeness or legality of Partner Content and is not responsible for verifying Partner Content prior to publication, except to the extent required by applicable law.
• 4. If VIVALOCAL becomes aware that Partner Content is unlawful or violates these Terms, VIVALOCAL may remove, disable access to, or restrict such content and may suspend the relevant Partner account, in accordance with applicable law.
• 5. Where the Platform enables Users to post reviews, ratings or feedback:
  • 5.1. Users must provide feedback that is honest, lawful and based on genuine experiences;
  • 5.2. reviews must not contain illegal, abusive, defamatory, discriminatory or misleading statements; and
  • 5.3. VIVALOCAL reserves the right (but is not obliged) to moderate, remove or restrict reviews that breach these Terms or applicable law.
• 6. VIVALOCAL does not endorse or verify reviews and ratings and does not guarantee their accuracy.

 

1. User Content

• 1. Users may publish:
  • 1.1. reviews;
  • 1.2. photos;
  • 1.3. comments.
• 2. By uploading reviews, images, or other content to the Platform, the User declares and guarantees that such content:
  • 2.1. corresponds to reality and is not altered or owned by others;
  • 2.2. does not contain viruses or harmful elements;
  • 2.3. can be legitimately shared;
  • 2.4. is owned by the User or the User has the necessary intellectual property rights authorizations;
  • 2.5. may be used by VIVALOCAL for commercial purposes (including marketing and advertising), on any medium and worldwide, unless a request for termination of use is made. In this regard, by publishing content on the Platform, the User grants VIVALOCAL a royalty-free, worldwide licence to use, reproduce, display and distribute such content for the purposes of operating, promoting and improving the Platform, for the duration that the content remains published on the Platform, subject to applicable law and legitimate legal retention requirements;
  • 2.6. do not violate the privacy rights of third parties;
  • 2.7. do not generate legal liability for VIVALOCAL, as the User is fully responsible for any disputes or controversies.
  • 2.8. VIVALOCAL assumes no responsibility for content uploaded by Users and reserves the right, at its sole discretion, to remove any content that does not comply with the applicable criteria or rules.
  • 2.9. VIVALOCAL clearly indicates whether a review is verified (from an actual booking) or not. Unverified reviews will be indicated as such.
  • 2.10. VIVALOCAL takes reasonable measures to prevent false reviews, without being able to guarantee the total absence of manipulation.

 

1. Premium Services

• 1. In the future, VIVALOCAL may offer:
  • 1.1. marketing packages;
  • 1.2. consulting services;
  • 1.3. subscriptions;
  • 1.4. tools for commercial activities.
• 2. The terms and conditions of use for these services will be indicated in dedicated sections available on the VIVALOCAL website.

 

1. Permitted Use And Prohibited Conduct

• 1. It is prohibited to:
  • 1.1. enter false or illegal content;
  • 1.2. perform scraping or data mining;
  • 1.3. act fraudulently;
  • 1.4. violate intellectual property rights;
  • 1.5. use unauthorized bots or automation.
• 2. Premium Services are optional and may be subject to separate terms, pricing, billing, renewal conditions and cancellation rules, which will be clearly disclosed prior to purchase and made available in dedicated sections of the Platform and/or in a separate agreement.
• 3. Users must use the Platform lawfully and in accordance with these Terms. In particular, it is prohibited to:
  • 3.1. upload, publish or transmit unlawful, false, misleading or infringing content;
  • 3.2. use the Platform for fraudulent purposes or to facilitate illegal activity;
  • 3.3. scrape, crawl, data-mine, or extract data from the Platform using automated means without VIVALOCAL’s prior written consent;
  • 3.4. use bots, scripts or automation tools to access or interact with the Platform without authorisation;
  • 3.5. infringe intellectual property rights, privacy rights, image rights or other third-party rights;
  • 3.6. attempt to interfere with, disrupt, bypass or compromise the security or proper functioning of the Platform; or
  • 3.7. reverse engineer, decompile, or attempt to access the Platform’s source code except to the extent permitted by mandatory law.
• 4. VIVALOCAL may take appropriate action in case of prohibited conduct, including removal of content, suspension of Accounts and restriction of access, as provided in these Terms.

 

1. Intellectual Property

• 1. Unless otherwise stated, all rights, title and interest in and to the Platform and its components including software, source code (where applicable), databases, structure, interface, design, text, graphics, images, logos, trademarks, domain names and other content (collectively, the “Platform Materials”) are owned by or licensed to VIVALOCAL and are protected by copyright, trademark and other intellectual property laws.
• 2. Subject to compliance with these Terms, VIVALOCAL grants the User a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for its intended purpose. No rights are granted to the User other than those expressly set out in these Terms.
• 3. Regardless of the purpose (commercial or otherwise), it is prohibited to access, monitor, copy, extract, collect, download, reproduce, or use in any way the contents of the Platform using robots, spiders, scrapers, automated tools, or automated assistants (including, but not limited to, those based on artificial intelligence that interact with the browser) without the prior written authorization of VIVALOCAL. In particular, it is not permitted to use such tools to make reservations through the Platform without express authorization.

 

1. Limitation of Liability

• 1. Cases of non-exclusion and exclusion of liability
  • 1.1. Nothing in these Terms shall exclude or limit liability to the extent that it cannot be excluded or limited under applicable law. In particular, nothing in these Terms limits or excludes liability for:
    • 1.1.1. death or personal injury caused by negligence;
    • 1.1.2. fraud or fraudulent misrepresentation;
    • 1.1.3. wilful misconduct or gross negligence; or
    • 1.1.4. any other liability which cannot lawfully be limited or excluded.
  • 1.2. The User acknowledges that VIVALOCAL operates solely as an intermediary marketplace. Accordingly:
    • 1.2.1. Partners are solely responsible for the performance of their services, including quality, safety, legality and compliance; and
    • 1.2.2. VIVALOCAL is responsible only for providing and operating the Platform with reasonable care and skill and for facilitating Reservations as described in these Terms.
  • 1.3. To the extent permitted by law, VIVALOCAL shall not be liable for any act or omission of Partners, nor for any failure by a Partner to perform services, except where such liability arises under mandatory law.
  • 1.4. To the maximum extent permitted by law, VIVALOCAL shall not be liable for:
    • 1.4.1. indirect, incidental, special, consequential or punitive losses;
    • 1.4.2. loss of profit, loss of business, loss of goodwill, loss of opportunity or loss of data;
    • 1.4.3. losses that were not reasonably foreseeable at the time the Reservation was confirmed or at the time the User accepted these Terms;
    • 1.4.4. delays, interruptions or unavailability of the Platform due to events beyond VIVALOCAL’s reasonable control; or
    • 1.4.5. errors arising from inaccurate information provided by the User (including incorrect email address, phone number, identity details or payment information), unless attributable to VIVALOCAL.
  • 1.5. Subject to non-excludable liability under applicable law, and to the maximum extent permitted by law, VIVALOCAL’s total aggregate liability arising out of or in connection with a Reservation shall be limited to the higher of: (a) the total Platform service fee paid by the User in relation to the relevant Reservation; or (b) a reasonable amount reflecting the nature of VIVALOCAL’s intermediary role, except where mandatory consumer protection law requires a higher level of liability.
  • 1.6. This clause does not affect any non-excludable liability under applicable consumer protection law.
  • 1.7. VIVALOCAL shall not be responsible for any costs, penalties, refusal of service, or consequences arising from the User’s breach of these Terms and/or the applicable Partner terms (including violations of participation requirements, house rules, age limits, security requirements or inaccurate information provided by the User).
• 2. Partner Responsibility
  • 2.1. Each Partner is solely responsible for:
    • 2.1.1. safety and risk management of the service;
    • 2.1.2. maintaining required insurance coverage;
    • 2.1.3. obtaining and maintaining licences, permits and authorisations;
    • 2.1.4. quality of service and conformity with the Listing description; and
    • 2.1.5. compliance with applicable laws and regulations (including consumer, health and safety, and tourism sector regulations).
  • 2.2. VIVALOCAL may suspend, restrict or remove Partners from the Platform where it becomes aware of serious or repeated non-compliance, without assuming any obligation to monitor Partners generally.
• 3. Assumption of risk
  • 3.1. Certain experiences and activities involve inherent risks. The User agrees to take reasonable care and follow safety instructions and Partner rules. Nothing in this clause limits or excludes any rights the User may have under mandatory law, including rights relating to personal injury caused by negligence.
• 4. Partner’s responsibility
  • 4.1. Partners shall indemnify and hold harmless VIVALOCAL (including its directors, officers and employees) against third-party claims, losses, damages, liabilities, costs and expenses (including reasonable legal fees) arising out of:
    • 4.1.1. the Partner’s services and performance;
    • 4.1.2. breach of applicable law, licensing or insurance obligations;
    • 4.1.3. Partner Content or infringement of third-party rights; or
    • 4.1.4. breach of these Terms and/or the Partner Agreement.
  • 4.2. This indemnity shall not apply to the extent that a claim results directly from VIVALOCAL’s fraud, wilful misconduct or gross negligence.
  • 4.3. Where a complaint relates to a Partner service (including accommodation or experiences), VIVALOCAL may facilitate communications between the User and the Partner. However, Partners remain solely responsible for resolving performance-related issues, subject to applicable law. VIVALOCAL may take compliance action against Partners under the Partner Agreement where appropriate.
• 5. Indemnity
  • 5.1. Partners indemnify VIVALOCAL against any claims or damages arising from the services provided.
  • 5.2. The indemnity clauses do not apply to consumers, who retain their mandatory rights.
  • 5.3. Partners acknowledge and agree that their participation on the Platform is subject to the Partner Agreement. Where VIVALOCAL becomes aware of serious or repeated Partner violations (including safety breaches, regulatory non-compliance, fraudulent conduct, or misleading listings), VIVALOCAL may take proportionate enforcement measures including warning, suspension, removal of Listings, and termination of Partner access.
• 6. Force Majeure
  • 6.1. VIVALOCAL shall not be liable for any failure or delay in performance caused by events beyond its reasonable control (including natural disasters, acts of government, war, terrorism, civil unrest, strikes, failure of telecommunications networks, or payment network outages). VIVALOCAL will take reasonable steps to mitigate the effects of such event and resume performance as soon as reasonably possible.

 

1. Privacy

• 1. Personal data processing carried out in connection with the Platform is governed by Regulation (EU) 2016/679 (the “GDPR”) and applicable national data protection laws.
• 2. Full details regarding the processing of personal data (including categories of data processed, purposes, lawful bases, recipients, retention periods, international transfers, and User rights) are set out in VIVALOCAL’s Privacy Policy and, where applicable, Cookie Policy, which form an integral part of the contractual framework applicable to use of the Platform.
• 3. Users may exercise their GDPR rights, including the right of access, rectification, erasure, restriction, objection, and data portability, as further described in the Privacy Policy.

 

1. Applicable Law and Jurisdiction

• 1. These Terms shall be governed by and interpreted in accordance with the laws of Ireland. This choice of law shall not deprive consumers of the protection afforded by mandatory provisions of consumer protection laws applicable in the consumer’s country of residence.
• 2. EU consumers. If the User is a consumer habitually resident in the European Union, disputes may be brought:
  • 2.1. (a) before the courts of the User’s country of residence; or
  • 2.2. (b) before the competent courts of Ireland, where permitted by applicable law.
• 3. VIVALOCAL may bring proceedings against an EU consumer only in the courts of the consumer’s country of residence, except where otherwise permitted by mandatory law.
• 4. If the User resides outside the European Union, these Terms shall be governed by Irish law and, to the extent permitted by applicable law (including mandatory local consumer protection law), any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the Irish courts.

 

1. Modification and Changes to the Terms 

• 1. VIVALOCAL may amend or update these Terms from time to time, including to reflect changes in the Platform, legal requirements, or operational needs.
• 2. Where changes are material, VIVALOCAL will notify Users in advance (including via email, Platform notification, or other reasonable means) with at least 15 days’ prior notice before the updated Terms take effect, unless:
  • 2.1. a change is required by applicable law; or
  • 2.2. the change is necessary for security, fraud prevention, or operational integrity, in which case the change may take effect immediately.
• 3. If a User does not agree to the updated Terms, the User may discontinue use of the Platform and close their Account (if applicable) before the effective date of the updated Terms, without penalty.
• 4. Continued use of the Platform after the effective date of the updated Terms will constitute acceptance of the revised Terms.
• 5. Reservations already made prior to the effective date of the updated Terms shall remain governed by the Terms in force at the time the Reservation was confirmed, unless the updated Terms are required by applicable law.

 

1. Dispute Resolution

• 1. In the event of a complaint, the User may contact VIVALOCAL at vivalocalwecom+trust@gmail.com.
• 2. If a dispute cannot be resolved, the User may refer the matter to alternative dispute resolution (ADR) bodies (where available and applicable) and/or bring proceedings before the competent courts, in accordance with applicable law. The right to seek judicial remedies remains unaffected.
• 3. The User is informed that, as of March 20, 2025, it is no longer possible to submit new complaints via the ODR (online dispute resolution) platform, as the relevant service has been permanently discontinued. For more details on the discontinuation of the ODR platform, please consult the official website of the European Commission.
• 4. The right to take legal action before the competent courts remains unaffected.

 

1. Accessibility and Updates

• 1. The Terms are available in an accessible version for users with disabilities.

 

1. Termination and Account Closure

• 1. Account Closure by the User
  • 1.1. The User may close their Account at any time by contacting VIVALOCAL at vivalocalwecom+support@gmail.com or through the Account settings (where available).
• 2. Termination or Suspension by VIVALOCAL
  • 2.1. VIVALOCAL may suspend, restrict, or terminate the User’s Account and/or access to the Platform (in whole or in part) where reasonably necessary to:
    • 2.1.1. investigate or prevent fraud, misuse, or security incidents;
    • 2.1.2. address a material breach of these Terms or applicable Partner terms;
    • 2.1.3. comply with applicable law or a lawful request/order from a competent authority;
    • 2.1.4. protect the safety, rights, or legitimate interests of Users, Partners, or VIVALOCAL; and/or
    • 2.1.5. address repeated failed payments, chargebacks, or suspected abusive conduct.
  • 2.2. Where reasonably possible, VIVALOCAL will provide the User with notice of termination/suspension and the reason for such action. However, VIVALOCAL may take immediate action without notice where required for legal compliance, fraud prevention, security reasons, or to prevent imminent harm.
• 3. Effect of Termination
  • 3.1. Upon termination or closure of an Account:
    • 3.1.1. the User’s right to access or use the Platform (and Premium Services, if any) will cease immediately;
    • 3.1.2. Reservations already confirmed shall remain valid and shall continue to be governed by the Terms in force at the time of confirmation, unless cancellation is required by law or by the applicable Partner policy;
    • 3.1.3. the User remains responsible for any outstanding payments, fees, or charges lawfully due in relation to confirmed Reservations; and
    • 3.1.4. VIVALOCAL may retain or restrict access to certain information where necessary for legal compliance, fraud prevention, dispute handling, accounting, or legitimate business purposes, in accordance with the Privacy Policy.
  • 4. Survival
    • 4.1. Termination or closure does not affect any provisions which by their nature are intended to survive, including (without limitation):
      • 4.1.1. Intellectual Property;
      • 4.1.2. User Content licences already granted;
      • 4.1.3. Limitation of Liability;
      • 4.1.4. Indemnities;
      • 4.1.5. Dispute Resolution;
      • 4.1.6. Applicable Law and Jurisdiction; and
      • 4.1.7. any accrued rights and obligations.

 

1. Miscellaneous

• 1. Severability: If any provision of these Terms is held to be invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect.
• 2. No Waiver: Failure by VIVALOCAL to enforce any provision of these Terms shall not constitute a waiver of that provision or of any other provision.
• 3. Assignment: VIVALOCAL may assign or transfer these Terms (in whole or in part) to an affiliate or in connection with a merger, acquisition, reorganisation, or sale of assets. The User may not assign or transfer these Terms without VIVALOCAL’s prior written consent.
• 4. Entire Agreement: These Terms, together with the Privacy Policy, Cookie Policy, and any applicable Partner terms displayed during the booking process, constitute the entire agreement between the User and VIVALOCAL relating to use of the Platform and supersede any prior communications.
• 5. Relationship of the Parties: Nothing in these Terms creates a relationship of employment, agency, partnership, or joint venture between the User and VIVALOCAL. VIVALOCAL acts solely as an intermediary platform as described in these Terms.
• 6. Contact: For any questions, complaints, or legal notices, Users may contact VIVALOCAL at:

TRIP EXPERIENCES LIMITED,

Ivy Exchange apt.3, Parnell Street, D01WA21, Ireland,

vivalocalwelcome@gmail.com