TERMS AND CONDITIONS

We are still working on this document, there may be changes in short term.

Definitions

The following definitions are expressed in the exclusive use of Lebalink web site and business.


1. Lebalink, web informatics system to create, publish, manage, book and pay online for a set of touristic services.


2. The System, alias of Lebalink along this document,.


3. Touristic services, general term describing the three different kind of services Hosts can offer in Lebalink. These are: Tours/Tour Package, Accommodations, and Taxi.


4. Offering a service in Lebalink. To offer a service in Lebalink imply the capacity of creating, publishing and managing one or more Touristic Services. As well as the capacity of managing bookings and to receive online payments for the mentioned services.


5. User, a person or a Company with registered user account in Lebalink.


6. Host, a kind of user that can offer touristic services.


7. Booking, is a virtual electronic contract issued by a Traveller to a Host that states how, when and where a touristic service will be delivered as well as the price for this service.


8. Booking Ticket, The booking ticket is an electronic document that shows all the information of the associated booking. This can be shown as a web page and downloaded in PDF format. For each booking the systems generates two booking tickets, one of them for the Traveller and the other for the Host, the booking tickets shows different information and have different functionality accordingly. Either the Host or the Traveller can manage the booking through the booking ticket page. The booking ticket opens a comunication channel between Host and Traveller.


9. A Traveller, is a person that issues a Booking with some Host about some Touristic Service. The traveller not necessarily needs to have user account in Lebalink in order to issue a book.


10. Sight, is a kind of information entity in Lebalink representing real Sight.


11. Tour, is a kind of information entity at Lebalink created and managed by Hosts. This information entity contains multimedia information about some Tour. A tour can be composed of one single day or of many days, at a monetary cost or free of charge. The tour contains an itinerary of Events grouped by days. A tour can contain several Accommodations and Transfers in order to provide all-inclusive tours.


12. Events, informational entity inside a tour representing an activity of the itinerary. Each day of the tour is composed by many Events, while the Events can link with the Sites they are taking place.


13. Accommodation, information entity that can represents an Accommodation Service, this can represents: a House for rent, a Hostal, a Hotel and any other kind of Accommodation Service.


14. Taxi, information entity that can represents a transportation service. this can represents: a Taxi, a ship or boat, and in general any kind of vehicle for rent. Taxi can be rented by time or by transfer. A single Taxi can offer several Transfers.


15. Transfer, is an information entity subordinated to a Taxi entity. A Taxi service can offer several transfers with pre established origin, destination and price. Transfers can be booked by travellers.


16. Resume Card, a small unity of information related to some Touristic Service or Sight. This is composed by an image and some data about the Touristic Service or Sight and it links with the detailed view of the corresponding Service or Sight.


17. Details View, web landing page containing all the information and functionality to book and manage a Touristic Service or Sight as well as functionality to rank, comment and submit Memories to the Service or Sight.


18. Shipping Address, Lebalink assumes that this is the physical address where the Host can be contacted in person. The invoices from the bookings paid-in-cash are sent and collected to the Host at this place. In the case of Hosts not having banking account to where to send Lebalink payouts, Lebalink officers deliver this payouts to at this address.


19. Memories, is an informational entity that can be created and managed either by Host or by non-host users of Lebalink. It represents a lived experience during the course of some Touristic Service or during the visiting to some Sight. A memory is composed by one photo and a text. Memories are public and are intended to be shared with the Lebalink community.


20. Confirmation Request. Is an action started by the Tourist and Answered by the Host. Through this, the traveller can confirm if the Host of some issued booking is aware of the service he should provide to the Tourist. It works as a Reminder that the Tourist send to the Host. Confirmations requests are send and received in the context of some booking.


21. Meeting Code of the Booking. Each booking has a unique code called Meeting Code. This code is secret and is known only by the Tourist since it is only visible at the Touris Booking Ticket. As soon as the Traveller meet the Host at the meeting point, the Host must ask for this code and the Traveller must provide this code. Later, the Host must introduce this code at the corresponding Host Booking Card web page, where there is an text input designated to this purpose. By performing this action the Host is giving proof that he/she meets the Traveller in person. The payment to the Host for the booked service is conditioned by this action according to what is explained in the section Payment by Banking Transaction


22. Booking Code. Each booking has assigned a so-called Booking Code, this code is unique and it is known by both the Traveller and the Host. The Booking Code appears in the booking card of the Traveller and in the booking card of the Host. When the Traveller and the Host meet each other at the meeting point they must verify that the Booking Codes of the bookings cards they hold is the same.


General Dispositions

The terms and conditions stated in this document rules the use of Lebalink informatics services. Violations to what is stated in this document can lead to the temporary of definitive close of the offender user account. Likewise, for Traveller not having user account at Lebalink, violations to what is stated in this documents will finish with their right to report abuses or to ask for refunds.


User Registration

23. People or companies must accept all of the terms and conditions stated in this document in order to open an account at Lebalink.


24. People or companies must accept all our privacy policy in order to open an account at Lebalink.


25. The use of Lebalink system is free of charge.


26. During the registration process the new user must provide a valid and verifiable email. The system automatically sends a confirmation email to the address provided by the new user.


27. The user account will remain in “not confirmed” state as long as the user do not follow the instructions in the confirmation email expressed above.


28. The user account with “not confirmed” status cannot use all of the functionality and features offered by the system.


29. The users have unrestricted access to the personal information they provide during registration process. They can modify this information as much as they want.


30. The system has right to confirm the email address if the user changed it by editing the user personal information.


31. The user can submit and change its avatar image as many time as the user wants. Offensive avatar images will not be permitted.


32. If no avatar image is provider the system will use the default avatar image.


33. The use of a User Name is mandatory. Offensive user names or user names containing special characters is not allowed.


Application to Host User.

User of Lebalink can apply to be Hosts. A Host user account offer the possibility of creating and managing Touristic Service and Sight. To perform as Lebalink Host users must submit their application by filling an application form. Lebalink recruiters review, verify and take a decision of whether or not approve an applicant to become is a Host.


34. Users of Lebalink can apply at any moment, and any number of times, to upgrade their account to Host account.


35. Applicants to Host must have a user account in Lebalink.


36. People not having user account in Lebalink can apply directly to a Host account, in which case, a regular registration process is performed followed by the Apply-to-Host application form filing.


37. Applicants to Host must have an avatar image showing the real face of the person. If the applicant account belongs to a company, the avatar image can show the logo of the company.


38. Applicants to Host must have the real person name or the real name of the company the account belongs to in their profile.


39. Applicants to Host must provide real and verifiable information during the applications process.


40. Applicants to Host must show in their profile a valid and verifiable phone number, a valid and verifiable shipping address, and a valid and verifiable email. This information can only be seen by the user and by the Lebalink employees with authorization for this.


41. Applicants to Host must be agreed into be verified by the recruiters and to help the recruiters verify such information if required.


Payment and commission

42. A 3 % over the price is added to the price the Host sets to the Touristic Service. Therefore, the amount a traveller pay in a reservation is equal to (price + 0.03price)(unit), where the value of unit varies according to the type of service as follow:

If Tour unit = (amount of the tour participants).
If Accommodation unit = (number of nights).
If Taxi rented by days, unit = (number of days).
A single Taxi Transfer unit = 1.


43. According to the previous paragraph the Lebalink commission over the reservation is (price * 0.03)*(unit)


44. There are two payment methods in Lebalink. El Payment in Cash y el Payment by Banking Transaction


45. Lebalink collects commission accordingly to the selected payment method. If the payment is performed by banking transaction, the system automatically discount the Lebalink commision to the amount paid by the Traveller and deliver the rest to the Host. For the payments made in cash, Lebalink generates an invoice containing every booking paid-in-cash the Host received from Lebalink and the sum of the commissions the Host must pay to Lebalink. Monthly basis, this invoice is delivered and collected by Lebalink officers at the Shipping Address declared by the Host in the Host profile.


46. The due date for the Host to perform the payment or to select pay-in-cash as payment method is of 6 days before the service starting day. If no payment has been received after the due date or the pay-in-cash method has not been selected as payment method, the booking is automatically cancelled.



Payment in cash.

47. When this method is selected as payment method the Traveller accepts to deliver the money in person in the hand of the Host once they meet each other at the meeting point.


48. Every month, Lebalinks issues an invoice containing the bookings paid-in-cash the Host has received. The Host must pay to Lebalink the sum of the commissions included in the Invoice.


49. Lebalink officers will deliver the invoices and collect the commisions at the Host shipping address.


50. If the Host is not agree into pay the invoice totally, the Host can pay the commissions for the bookings he is agree to pay and let the officer to know why he is not agree to pay the other commissions.


51. If the Host does not pay the invoices repeatedly, Lebalink can consider to close the Host account.


Payment by banking transaction.

52. In the payment by banking transaction method, the Traveller transfer the amount of money for the booking, from his bank account, using his credit card, to the Lebalink bank account.


53. Lebalink, transfer the amount of money for the booking minus the Lebalink commission from the Lebalink bank account to the Host bank account, right after the Host has inserted the Meeting Code of the booking (See paragraph 19).


54. If during the 15 days period after the last day of the service, the Host has not inserted the Booking Meeting Code and the Client has reported that the service was not provided. The policy explained in the paragraph 57 section C is applied. This is because Lebalink is not in conditions to discern who was the responsible for the fail. In this situations Lebalink applies an straight politic that partially retributive the affected user no matter if this is the Host or the Client.


55. If during the 15 days period after the last day of the service, the Host has not inserted the Booking Meeting Code and there is no report from the traveller arguing that the service was not provided. Lebalink, transfer the amount of money for the booking minus the Lebalink commission from the Lebalink bank account to the Host bank account



Booking cancellation policy

56. Either the Host or the Traveller can cancel the reservation before the corresponding service is provided. The following applies when the traveller has already paid using the payment by banking transaction method:


57. If canceled by the Host.

a. All the money amount paid in the booking minus bank transaction taxes is refunded to the Traveller.



58. If canceled by the Traveller.

a. If canceled before the payment due date.

i. All the money amount paid in the booking minus bank transaction taxes is refunded to the Traveller .



b. If canceled after the payment due date and 72 hours before of the starting day of the service



i. 67% of the amount paid minus banking transaction taxes is refunded to the Traveller



ii. 3% of the amount paid is kept by Lebalink.



iii. 30% of the amount paid is delivered to the Host.



c. If canceled in less that 72 hours before the service starting day.



i. 52% of the amount paid minus banking transaction taxes is refunded to the Traveller.



ii. 3% of the amount paid is kept by Lebalink.



iii. 45% of the amount paid is delivered to the Host.



Liability Limitation.

59. Lebalink Company takes liability on the functioning of its informatics system, watching for that all of the functions and features behaves as expected.


60. Lebalink take liability on delivering the payments to the hosts in the shortest possible period of time, any time the Host previously submit the correct booking meeting code.


61. Lebalink takes liability in keeping the privacy and the integrity of the private data of all of its users.


62. Lebalink does not take liability on the demonstrated lack of moral integrity of the Hosts. Even though, Lebalink performs it best effort to recruit Hosts with high moral standards. In that sense, Lebalink admit Hosts through an application process, and offer a set of features that Traveller can use to observe the Hosts history and performance.


63. Lebalink does not take liability on the quality of service provided by the Hosts. Even though, Lebalink system offers a set of features that Traveller can use to observe the Hosts history and performance.


64. Lebalink does not take Liability on service failings causing the Traveller not to enjoy a booked and paid service. Eve though, Lebalink offers a set of functionalities allowing that Host and Traveller to coordinate the moment and place where to start to deliver the service.


65. The Host is the only responsible to respond to each of the confirmations requests sent by the Traveller.


66. The Traveller is the only responsible to respond to each of the Request for Arrival Details issued by the Host. And is the only responsible to offering or updating its Arrival Details.


67. The Traveller is the only responsible to perform the payment timely before the payment due date established for the booking.


68. The Host is the only responsible to deliver the service timely and properly.


69. The Host and the Traveller are responsible to carry with the corresponding booking cards at the moment they meet each other at the meeting point.


70. Lebalink do not take liability on identity faking. Even though, Lebalink provides the identification booking code validation mechanism, by which the Traveller can assure that the person he meets at the booking point has a valid booking card.


71. The traveller is the only responsible in reporting abuses received from Hosts to the Lebalink system. Lebalink consider reportable abuses to those related with criminal behavior or those related with the denigration of human condition.


72. Lebalink is responsible to receive and analyses each abuse report, to take a decision upon it that can range from a warning the Host to close the Host account. And to notify to the report issuer about the taken decisions and actions.


73. Host in Lebalink using third-party services coming from other Hosts in Lebalink, are the only responsible of delivering the payment to those third-party service providers.


Traveller Duties.

Is considered a Traveller to the person issuing a booking in Lebalink and to group of persons included as participants of that booking.

74. Traveller having user account must not submit memories with offensive content.


75. Traveller must provide the booking meeting code to the Host right after shaking hands at the meeting point.


Hosts Duties.

76. Hosts must not evade Lebalink payment methods in any way.


77. Hosts must show a respectful, polite and kind treatment to the Travellers.


78. Hosts must not perform any criminal action to the Travellers.


Rights of the Users.

This section covers to people having a registered account in Lebalink.


79. Users have right to contact to Lebalink using contact page and to receive answer.


80. Users can report abuses, send suggestions, report malfunctioning or errors, and ask for help.

81. Users can create, edit, hide and delete, comments and memories.


82. Users can rank with up-to five starts to Host users, Touristic Services and Sights.


83. Users have the right to comment any Touristic Service or Sights.


84. Users have right to answer to comments.


85. Users can close their account.


About informational entities managed by Hosts.

Hosts can create, publish and manage four type of information entities for commercial purposes, these are: Sights, Tours, Accommodations and Taxi services.


86. Hosts can edit any informational entity created by them.


87. Host can hide any informational entity created by them. At hide state, the resume card of the entity is not seen in the home page, and cannot be found by using browser. However it may happened that some when some services like Tours include other services like accommodation for example. The resume card of the second service do appears on the detail view of the first mentioned service. In this case the resume card is shown in gray scale and the link to its detailed view is not active.


88. Host cannot erase any created information entity created by them or by others. This is because to do so, could create inconsistencies in those entities depending upon others like for example, a Accommodation service included in a tour.


89. The host is the only responsible to review the state of the third-party services used in its service.