Terms of Service
Please read these Terms of Service for European Users (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Airlou Platform, you agree to comply with and be bound by these Terms.
Last Updated: July 4, 2020
Thank you for using Airlou!
These Terms constitute a legally binding agreement ("Agreement") between you and Airlou (as defined below) governing your access to and use of the Airlou website, including any subdomains thereof, and any other websites through which Airlou makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Airlou Services"). The Site, Application and Airlou Services together are hereinafter collectively referred to as the “Airlou Platform”. Our Nondiscrimination Policy and other Policies applicable to your use of the Airlou Platform are incorporated by reference into this Agreement.
1. Scope of Airlou Services
1.1 The Airlou Platform is an online marketplace that enables registered users (“Members”) to publish personal travel experiences referred to as “Adventures”.
1.2 As the provider of the Airlou Platform, Airlou does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Adventures, nor is Airlou an organiser or retailer of travel packages. Registered users alone are responsible for their Adventure Listings.
1.3 While we moderate the content to ensure Nondiscrimination Policy and other Policies applicable (incorporated by reference into this Agreement), Airlou has no control over and does not guarantee (i) the existence, quality, safety, of any activities presented in an Adventure, (ii) the truth or accuracy of any Adventure descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Airlou does not endorse any Member, or Adventure. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Airlou about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable.
1.4 To promote the Airlou Platform and to increase the exposure of Adventures to potential Guests, Adventures and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements in accordance with Section 5. To assist Members who speak different languages, Airlou may make automated tools available to enable Members to translate Adventures and other Member Content, in whole or in part, into other languages. Members are free to use these tools at their own discretion. Airlou cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations.
1.5 The Airlou Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Airlou is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Airlou of such Third-Party Services.
1.6 Airlou is not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the Airlou Platform. Airlou may, temporarily and under consideration of the Members’ legitimate interests (e.g. by providing prior notice), restrict the availability of the Airlou Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Airlou Platform. Section 17 (Liability) remains unaffected. Airlou may improve, enhance and modify the Airlou Platform and introduce new Airlou Services from time to time. Airlou will provide notice to Members of any changes to the Airlou Platform, unless such changes are of minor nature without having a material effect on the parties’ contractual obligations.
2. Eligibility, Using the Airlou Platform, Member Verification
2.1 In order to access and use the Airlou Platform or register an Airlou Account you must be an individual or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are registered and able to enter into legally binding contracts.
2.2 You will comply with any applicable export control laws in your local jurisdiction.
2.3 Airlou may make access to and use of the Airlou Platform, or certain areas or features of the Airlou Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds.
2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.5 The access to or use of certain areas and features of the Airlou Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions,before you can access the relevant areas or features of the Airlou Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Airlou Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.
3. Modification of these Terms
Airlou reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Airlou Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Airlou Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1 You must register an account ("Airlou Account") to access and use certain features of the Airlou Platform, such as creating and publishing an Adventure. If you are registering an Airlou Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register an Airlou Account using an email address and creating a password.
4.3 You must provide accurate, current and complete information during the registration process and keep your Airlou Account and public Airlou Account profile page information up-to-date at all times.
4.4 You are responsible for maintaining the confidentiality and security of your Airlou Account credentials and may not disclose your credentials to any third party. You must immediately notify Airlou if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Airlou Account. You are liable for any and all activities conducted through your Airlou Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
5.1 Airlou may enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Airlou Platform ("Member Content"); and (ii) access and view Member Content and any content that Airlou itself makes available on or through the Airlou Platform, including proprietary Airlou content and any content licensed or authorized for use by or through Airlou from a third party ("Airlou Content" and together with Member Content, "Collective Content").
5.2 The Airlou Platform, Airlou Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Airlou Platform and Airlou Content, including all associated intellectual property rights, are the exclusive property of Airlou and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Airlou Platform, Airlou Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Airlou used on or in connection with the Airlou Platform and Airlou Content are trademarks or registered trademarks of Airlou in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Airlou Platform, Airlou Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Airlou Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Airlou or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, Airlou grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) use the Platform on your personal device(s); and (ii) access and view any Collective Content made available on or through the Airlou Platform and accessible to you, solely for your personal and non-commercial use.
5.6 You are solely responsible for all Member Content that you make available on or through the Airlou Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Airlou Platform or you have all rights, licenses, consents and releases that are necessary to grant to Airlou the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Airlou's use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.7 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates Airlou’s Content Policy or any other Airlou policy. Airlou may remove or disable access to any Member Content that is in violation of applicable law, these Terms or Airlou’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Airlou, its Members, third parties, or property. Where Airlou removes or disables Member Content, Airlou will notify a Member and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (ii) contravene applicable laws. You may appeal such a decision by contacting customer service.
5.8 Airlou respects copyright law and expects its Members to do the same. If you believe that any content on the Airlou Platform infringes copyrights you own, please notify us using our Contact Us section.
6. Prohibited Activities
6.1 You are solely responsible for compliance with any and all laws, rules, regulations that may apply to your use of the Airlou Platform. In connection with your use of the Airlou Platform, you will not and will not assist or enable others to:
use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Airlou Platform for any purpose; avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Airlou or any of Airlou's providers or any other third party to protect the Airlou Platform; attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Airlou Platform; take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Airlou Platform;
6.2 You acknowledge that Airlou has no general obligation to monitor Member Content nor to actively seek facts or circumstances indicating illegal activity, but has the right to review, disable access to, or edit any Member Content, in order to (i) operate, secure and improve the security of the Airlou Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Airlou in good faith, and to provide Airlou with such information and take such actions as may be reasonably requested by Airlou with respect to any investigation undertaken by Airlou or a representative of Airlou regarding the use or abuse of the Airlou Platform.
7. Term and Termination, Suspension and other Measures
7.1 This Agreement shall be effective until such time when you or Airlou terminate the Agreement in accordance with this provision.
7.2 You may terminate this Agreement at any time by sending us an email.
7.3 Airlou may immediately, without notice, terminate this Agreement and/or stop providing access to the Airlou Platform if (i) you have materially breached your obligations under these Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) such action is necessary to protect the personal safety or property of Airlou, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Airlou Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact Us” section of the Airlou Platform, or by other means of communication. Any Feedback you submit to us may be used by us for any business purpose and will be considered non-confidential and non-proprietary to you.