(This is an automatic translation, please see the French version to read the original GTCS/GTCU)
The present general terms and conditions of sale and use (hereinafter the "GTCS/GTCU") apply exclusively to the Services offered by La Voyageuse, SAS with a capital of 10 000 euros, whose head office is based in PESSAC (33600) 20 rue de la paix, registered with the Trade and Company Registry of BORDEAUX under number 83 874804 400 016 (hereinafter the "Company").
The Services are accessible via the Website edited by the accessible Company at the address www.la-voyageuse.com (hereinafter ‘’the Website’’) and are the following ones:
- Access to the Website
- Search by criteria and consultation of the Hosting Members' Profiles
- Connect Traveler Members with Hosting Members.
To contact the Company, you can: Write to the head office of the Company: 20 rue de la Paix, 33600 Pessac, France Call the head office by typing this number: +33 6 66 98 93 47 Write an e-mail to: email@example.com
The Company invites its Users and Members to carefully read the present GTCS/GTCU.
The GTCS/GTCU apply to all the Services provided by the Company to its Users and Members. The GTCS/GTCU are systematically communicated to the Users and Members who make the request. The User is required to read the GTCS/GTCU before registering as a Member, Hosting Member or Buy a Pass or buy a Gift Pass and to accept them.
The Company reserves the right to modify the clauses of these GTCS/GTCU at any time and without justification. In case of an ulterior modification of the GTCS/GTCU, the use of the Services is subject (i) to the version in force at the time of use for Members who did not pay the Pass or buy/activate a Gift Pass, (ii) to the version in effect during the purchase of the Pass or of a Gift Pass. The Company advises anyone who visits the Website to save or print the GTCS/GTCU, without modifying them.
The data saved in the Company's computer system constitutes proof of the transactions concluded with the User and Member.
"Pass(es)" means the different paying Passes offered by the Company, of names, of prices and of different durations. Each Passes enables a Traveler Member to access the Hosting Members network, to consult their Profile and to contact them via the Website to request temporary accommodations for free. The duration of the Pass is indicated during the purchase of the Pass. The purchase of the Pass meets the conditions specified in the current GTCS/GTCU.
"Gift Pass" means the different gift vouchers offers by the Company, of different names, prizes and periods of validity. Every Pass may be bought by a male/female User to be offered to a Member. It allows to the Member who activates it to become a Traveler Member and thus access to the Hosts Members network so she can consult their profile and contact them through the Website to ask them to be hosted temporarily for free. The duration of the service access once the Gift Pass is activated is indicated during the purchase and during its validation. Once the duration of the service is over, the Traveler Member becomes a Member again, unless she activates a new Gift Pass or buy a Pass. The purchase of a Gift Pass and its activation corresponds to the conditions specified in the present GTCS/GTCU.
"Account" means personal space created for each Member and that contains all her personal data, her payments history and her trips. This account is only accessible by the Member with her e-mail address with which she registered and the password she chose.
"Member" means anyone who has created an Account and this includes Hosting Members and Traveler Members. The Members who are not Traveler Members can consult the Hosting Members’ Profile, but they cannot contact them.
"Hosting Member" means anyone who followed the free registration path as a host and who has been validated as such by the Company, including after a phone interview. This status allows her to integrate the Hosts network to provide temporary accommodations for free to the Traveler Members.
"Traveler Member" means any Member who purchased a Pass or who has activated a Gift Pass.
"Ambassador Member" means any willing Member who has an agreement with the Company to insure the ambassador's function as it is explained on the Website.
"Profile" means a Member’s page visible on the Website by the other Members.
"Services" means all the services offered to the Members by the Company through the Website; including connecting Traveler Members with Hosting Members and providing an accommodation for people wishing to travel.
"Purchase" means any purchase to become a Traveler Member made by a Member registered on the Website, in order to benefit from the Services of the Company;
"User" means any person who uses the Website, Member or not.
5. Member Registration and creation of an Account
Registration to the Website as a member is open to women of legal age and benefiting from their legal personalities and legal abilities. According to Article 225-3 4 ° of the French Penal Code which provides that the provisions of Article 225-2 1 ° shall not apply: "In the case of discrimination based on access to goods and services, on sex where such discrimination is justified by the protection of victims of sexual violence, considerations respect for privacy and decency, the promotion of gender equality or the interests of men or women, the freedom to association or organization of sports activities. "
Use of the Services offered on the Website is subject to the registration of the User on the Website as a Member and so is the creation of an Account. Registration as a Member and the creation of an Account are free. To register as a Member, the User has to click on the tab ‘Register’ on the Website and fulfill the required information. The User receives an e-mail of confirmation to validate the registration. The User has to fill the mandatory fields without which the Services cannot be delivered. Otherwise, the registration cannot be completed. Then the Member can fill in information about herself on her Profile by logging on her Account. Once the Profile has been completed, the registration is subject to verification by the Company (user ID, ID card, and phone interview for the hosts) that will validate the registration only if all the elements are in conformity with those requested.
6.2. Purchase and activation of a Gift Pass
The purchase of a Gift Traveler is open to everyone, men and women, but the beneficiary of the Pass has to be an adult woman: - "solo travelers", that is to say traveling solo or with a child under 12 AND - travelers for leisure. Consequently, the people traveling with someone or traveling for business or for their studies cannot have a Pass. To buy a Gift Traveler, the User has to click on the button ‘offer’. To access to the page of the purchase of a Gift Pass, the User has to validate a reminder of our values and create an Account. The User chooses a Gift Pass among the ones offered. She/He may cancel her/his choice before the payment and the acceptation of the present GTCS/GTCU. The purchase of the Gift Pass on the Website is active once the User accepts the present GTCS/GTCU by checking the case meant for that purpose and validates the payment. This validation constitutes a contract proof. The finalisation of the purchase involves the acceptation of the prices and modalities of termination of the benefits as indicated on the Website. Once the payment is validated, the User will receive a confirmation by e-mail to the address indicated during her/his registration. This confirmation will summarise the purchase and the information relating to the Services. In the event of payment error, User’s incorrect e-mail address or any other problem on the User’s Account, the Company reserves the right to block the Gift Pass until the problem is resolved. Once the purchase of a Gift Pass was validated, the User receives an activation code for the Gift Pass. This code will allow the beneficiary to become a Traveler Member for the duration of the Gift Pass. She has to be a validated Member to access to the service. A Gift Pass can only be offered once to one person. The Company commits to validate the Member’s Profile as soon as possible to the condition that all the data and documents transferred by the Member correspond to the ones demanded during the registration path as a Member. If it is impossible to validate the Profile, the Traveler Member will be informed by e-mail at the address she has provided to the Company. In this case, we will cancel the SPass and proceed to refund. The Company might give to the Member a price reduction, discounts and rebates according to the conditions fixed by the Company. It is reminded that the Gift Pass only gives access to the Hosting Members network's details but does not guarantee the hosting. The Hosting Member remains free to accept or refuse a request for accommodation made by a Traveler Member. In the case of an acceptance, the organization of the accommodation will be done directly between the two Members concerned without the intervention of the Company whose responsibility cannot be committed in this respect.
7. Registration as a Hosting Member
At the end of registration as a Member, the Member may become a Hosting Member by clicking on the '' Become a host'' button available on the Website. The Member is thus directed to the specific registration path for Hosting Members. The Member will be asked to complete his Profile by adding photos, a detailed description of her motivations and preferences. Once the Profile has been completed, the Company will contact the Member by phone to validate her Profile. After validation, the Profile will become visible to other Members. The place of residence of the Hosting Member may be geolocated by other Members. At any time, the Hosting Member can disengage, make her Profile invisible. This feature is accessible in the settings of her Account.
8. Members Obligations
8.1. General Obligations
The Member agrees to use the Website in accordance with the stipulation of the present GTCS/GTCU. The Member agrees in particular to: • communicate during her registration on the Website truthful and up-to-date information; • update her personal information on her Account; • not to disrupt the operation of the Website; • keep the confidentiality of her username and password by not communicating it to anyone; • not to infringe the privacy, the right to the image and the secrecy of correspondence by using the Website; • not to extract, reuse, store, reproduce, represent or preserve, directly or indirectly, on any medium, by any means, and in any form whatsoever, all or part of the Website which constitutes a database protected by legal provisions. The Member agrees expressly not to contravene the legal and regulatory requirements applicable to the Services and in particular the provisions of the Code of Intellectual Property. The Member agrees expressly, under penalty of having her criminal or civil responsibility involved, that the contents she puts online, and in particular the comments, or the ones she transmits by e-mail are not of nature to, this list is not exhaustive, in particular: • constitute a violation of the intellectual property rights of third parties; in this regard, the Member commits not to reproduce or disclose to the public on the Website any copyrighted material registered as a trademark or more generally protected by any other intellectual property right held by third parties without the prior consent of the holder(s) of such property rights; • contain computer viruses that may interrupt, destroy or alter the features of the Website; • make the apology for crimes or contain illegal, threatening, pedophile, pornographic, defamatory, obscene, hateful, racist, anti-demitic, xenophobic, revisionist or contrary to public order or morality messages; • violate privacy or the respect of the dignity of others; • incite violence, fanaticism, crime, suicide, hatred because of religion, race, sex, sexual orientation, ethnicity; • harass the other Members; • encourage any criminal activity or enterprise; • soliciting and/or communicating passwords and/or personal information for commercial or illegal purposes; • transmit chains of e-mails, unsolicited mass mailings, instant messages, unwanted advertising messages or unsolicited mail; • include advertisements and/or solicitations in order to offer products and/or marketing services through the Website; • contain addresses or hypertext links returning to external websites whose content is contrary to the laws and regulations in effect, which infringe the rights of third parties or which would be contrary to these conditions.
8.2. Specific Hosting Member's Obligations
In the case of requests for accommodation by Traveler Members, Hosting Members agree to host at least one (1) Traveler Member every year. However, it is entirely up to the Hosting Member to accept or reject a request, for any reason. Hosting Members agree not to demand any remuneration whatsoever from any other Member. Hosting Members acknowledge that they do not host Traveler Members in order to sell their own services (breakfast, classes, night in a cottage, etc.) Usually, a Traveler Member stays several nights. She (the Hosting Member) may also offer accommodation for fewer nights than requested, or even one night, or other dates that suit her better. A Hosting Member enters a trusted community that promotes authentic and cultural exchange values. Her commitment is to be welcoming and open-minded and make her Traveler guest feel like home. Reliability is important. If a Host Member agreed to host a Traveler Member, she must not let her down. In case of an unexpected event preventing the Hosting Member from welcoming the Traveler Member, the Hosting Member agrees to contact the Traveler Member as soon as possible and, if possible, to propose other solutions to it, and possibly inform the Company by specifying the causes of the impediment. A Hosting Member that does not respect her commitments may have her Account deleted by the Company.
9.1. Member Responsability
Any registered Member has a password to access her Account. The latter is strictly personal and confidential and should never be communicated to third parties under the penalty of deletion of the offending registered Member Account. Each registered Member is personally responsible for maintaining the confidentiality of her password. The Company will in no way be held responsible for the identity theft of a Member. If a Member suspects fraud at any time, she must contact the Company as soon as possible so that the latter can take the necessary measures and regularise the situation. The Member is also responsible for the risks associated with the use of her login and password on her mailbox. The Member uses her personal mailbox and must respect the general conditions of use of her supplier. The password of the Member's mailbox must remain secret. In the event of password disclosure, the Company declines all responsibility. The Member assumes full responsibility for the use that she makes of the information and contents present on her Account and Profile. Any use of the Website and Services contrary to these Terms and Conditions by the Member, having directly or indirectly caused damages to the Company, will be subject to compensation for the benefit of the Company. The Company is not responsible for the content of messages exchanged once the connection is made between a Traveler Member and a Hosting Member. All Hosting Members and Traveler Members have the opportunity to comment on the Website in accordance with the article "Comments". The Member is then the sole responsible for the content she publishes. Each Member may only hold one Account on the Website. In case of non-compliance with the GTCS/GTCU, including the creation of multiple Accounts for one person or the provision of false information, or a proved-to-be inappropriate behavior during exchanges with another Member (lack of respect, endangerment, theft, etc.) the Company reserves the right to delete temporarily or definitely the offending registered Member’s Account. The deletion of the Account entails the definitive loss of all the benefits and services acquired on the Website. In case of deletion of an Account by the Company for breach of the duties and obligations set out in the GTCS/GTCU, it is formally forbidden for the offending Member to re-register directly on the Website, through another e-mail address or by proxy without the express permission of the Company
9.2. Company Responsability 9.2.1. Company Responsibility for the provision of the Website
The Company indicates that the content of the Website may have errors or omissions, and may be modified or updated. Users who notice a broken link, an omission or an error, are invited to report it by sending an e-mail to firstname.lastname@example.org. The Company cannot be held responsible for any other facts than those related to the edition of the Website. However, the Company cannot guarantee the completeness of its contents or the absence of modification by a third party (intrusion, virus). The Company does not guarantee the availability or performance of the Website. Users cannot seek Company responsibility for missed profit, loss of opportunity or turnover. The Company cannot be held responsible for non-functioning, inability access or malfunctions of the Website attributable to non-adapted equipment, the malfunctions of the provider’s access services to users, to those from the Internet network. The Company cannot be held responsible for the consequences of misuse of the Website by the Users or violation of these Terms and Conditions. In such a case, the Company reserves the right to take any action to preserve its rights or obtain a repair. The Company cannot in anyway be held responsible for the whether temporary or permanent unavailability of the Website and although it manages to ensure the continuous service, it may be interrupted at any time, without notice, for reasons of maintenance meant to keep the Website operational, and without giving right to the Users to get any compensation. Within the meaning of the provisions of French Law No. 2004-575 of 21 June 2004 on trust in the digital economy (LCEN), the Company, as host of the here-considered Service, cannot be responsible for the content published by Members on the Website and over whom the Company has no control and supervisory powers. The Company reserves the right to remove any obviously illicit content that has been reported by a Member, in accordance with the legal provisions in force and provided in particular in the LCEN of June 21, 2004. The Company recalls that, for any person, presenting a content or an illegal activity meant to obtain its withdrawal or to stop its diffusion, whereas she knows this information inaccurate, is punished with one year's imprisonment and a fine of € 15,000 (Article 6 I-4 of the LCEN). In no event shall the responsibility of the Company be sought in case of the exercise of this faculty of deletion or withdrawal of reported content and the Member whose Content is de-published may not assert any claim against of the society. The Company undertakes to implement all the necessary means to guarantee the security and confidentiality of the data. However, it cannot guarantee a total security.
9.2.2. Company Responsibility concerning the Service
As the Company acts as an intermediary and does not take part in any way whatsoever to the agreements made between the Hosting Member and the Traveler Member, the two are solely responsible for the difficulties, claims and disputes that may arise during their exchanges or during the accommodation. Accordingly, each Member releases the Company from all responsibility concerning: - direct or indirect consequences resulting directly or indirectly from the service; - the agreements made between the Members connected to each other such as the modalities of reception and accommodation (times, place of meeting, planned activities, comfort of the accommodation, etc.), the Company cannot be held responsible for changes of organization or cancellation of the accommodation. As a reminder, the Company does not offer a hosting service, but a service that connects Travelers Members with Hosts Members; - in case of theft or damage made to the Member's property or money by a Traveler Member that she hosted or by the Hosting Member herself. Although the Company is known to be reliable and offering a Profile verification system that increases the security of Members for the best, it encourages Members to take all necessary precautions for their security, as the service offered by the Company cannot fully guarantee the security of Members. Thus, the Company declines any responsibility related to a security problem. The Company may only be involved for direct damage suffered by a Member as a result of the Company's breach of its contractual obligations as defined herein. The Member therefore gives up the right to seek compensation to the Company for any reason whatsoever, from indirect damages such as loss of profits, loss of opportunity, commercial or financial loss, increase of overhead expenses or losses originating or being the consequence of the execution of the GTCS/GTCU. The Member is the sole responsible for the damages caused to third parties and the consequences of any claims or actions that may result from it.
10.1. Description of the Services
The Services subject to the GTCS/GTCU are those that appear on the Website and that are offered directly by the Company or its partner providers. The Services are described on the corresponding page on the Website and all their essential characteristics are mentioned. The Company connects Traveler Members with Hosting Members to enable Traveler Members to travel and be hosted by Hosting Members freely. To this end, Members may in particular: - Register on the Website and create an Account; - Look for Members by criteria and consult Profiles; - Write comments on the Website; - Buy a Pass or activate gift Pass to benefit from the Service of connecting travelers to trusted hosts. The Company cannot be held responsible if a Traveler Member does not find any Hosting Member for her destination or if no Hosting Member accepts her accommodation requests. Before any purchase, we suggest you to read carefully the FAQ accessible on the Website and the advices to the travelers.
10.2. Access to Services
Any Member with access to the Internet can access the Services from anywhere. The costs incurred by the Member to access it (Internet connection, computer equipment, etc.) are not the responsibility of the Company.
10.3. Provision of Services
The Services will be provided by the Company. The Company commits to implement all the human and material resources to apply the Services announced during the purchase of the Pass or of the Gift Pass. However, It cannot, under any circumstances, be held responsible for the absence or delays in performance of the Services due to faults that are not attributable to it. If the Services have not been performed within the deadline, for instance, if the Company did not validate the Traveler Member’s Profile in time and in the conditions provided for, the resolution of the sale may be requested by the Traveler Member under the conditions provided for in articles L216-2 and L216-3 of the French Consumer Code. The sums paid by the Traveler Member will be refunded at the latest within fourteen days of the date of termination of the contract. The provision does not apply when the delay of the Company is due to a fault of the Traveler Member or to a case of force majeure, which means, to the occurrence of an unforeseeable event, irresistible and beyond control of the Company.
As part of the Services, Members may publish comments on the blog section of the Website. Members who have been connected through the Website and have met may publish comments on another Member’s Profile. Members agree to respect the present GTCS/GTCU when they publish comments.
11.1. Conditions for posting comments
Members are informed and acknowledge that the Company reserves the right to delete, as soon as it becomes aware of it, any comment contrary to the provisions of the article "General Obligations", in accordance with the article "Liability of the Company", and more generally : - if the Company considers that its civil or criminal liability may be incurred; - if the textual content has insults or profanity; - if the content (text, document, image ...) is not related to the subject; - if the attributes of the comment contain concrete elements of conflicts of interest; - if the textual content is poorly written to the point of being unintelligible; - if a Member makes an inappropriate comment about another content or its author; - if the textual content meant to be published contains personal information, such as the name or surname of individuals who are not public persons, a telephone number, a specific address or an e-mail address; - if the textual content includes a credit card number, social security number, bank account number or any other information likely to result in identity theft; - if the textual content includes a call for legal action; - if the content refers to websites, hyperlinks, URLs, e-mail addresses or phone numbers; - if the textual content is spam. In case of the identification of a Member having published comments that are obviously fraudulent or contrary to public order and morality, and after having followed the procedures related to the rejection or deletion of comments, the Company may cancel the Member’s Account, as well as all comments related to that Member.
11.2. Cancellation and conservation of comments
The Member who has posted a comment can afterwards ask the deletion of this comment to the following address: email@example.com. Unless the comments are deleted at the request of the Member, comments are published on the Website for a period of three (3) years after the end of the relationship with the Member. The Member is informed that she can be contacted by the Company to verify the authenticity of her opinion, by e-mail and/or by phone. In accordance with the article "Processing of personal data", the Member has rights in the data concerning her.
11.3. Right of reply
Each Member has a right of reply in particular to: - Give her version of the facts; - Thank the Member for her contribution; - Indicate any change that has occurred since the writing of the comment.
11.4. Use of the content of the comment
By publishing a comment, the Member expressly authorises the Company to publish it and distribute it on the Website with the mention of her name and surname. The Company reserves the right, exceptionally, to use the content of the comment in various ways, including publishing it on the Website, to modify the format, to incorporate it into advertisements or other documents, to create works derived from it, emphasize it, distribute it, and allow others to do the same on their Websites and media platforms. Accordingly, the Member gives the Company irrevocable consent to use such content for any purpose, and irrevocably waives any claim or affirmation related to moral or proprietary rights concerning this content.
12. Prices and terms of payment
The Company freely determines the price corresponding to the Pass or the Gift Pass. The price of the Service is indicated in euros all taxes included (TTC) and takes into account the discounts which is applicable and in force on the day of the Purchase. The price indicated does not include the possible additional fees that will be indicated if necessary in the recapitulation before the completion of the purchase. The Company reserves the right to modify the price of each Passes. The Company will inform each Member by e-mail to the address provided by the Member when she has registered on the Website (or subsequently modified on her Account) of any price increase at least 15 (fifteen) days before it takes effect. In such a case, the Member who does not accept this price increase may terminate her Pass under the conditions indicated in Article 13. This termination will take effect at the next Pass deadline. In the absence of cancellation by the Member, the new price will therefore be applicable from the next expiry date of the Pass following the effective date of the new price. In no case should a Member demand the application of discounts that would not be in effect anymore on the day of the purchase of a Pass or a Gift Pass. We remind you that the connection and communication fees (Internet and mobile Internet) related to the use of the Services are not supported by the Company and remain the responsibility of the Users. Except for contrary stipulations, every Pass or Gift Pass is paid at the time of its purchase and at every renewal. Payment must be made by credit card at the time of the purchase of the Pass. In the case of total or partial failure to pay at the time of the purchase of the Pass, it will not be finalised and the female/male User will not be able to make use of the Pass or the Gift Pass. When the Pass expires, according to the expected duration and announced at the purchase, the renewal is done automatically, and the payment of the corresponding price will be made by direct debit via the same bank card. The Traveler Member will be notified by e-mail before the renewal of her Pass at the earliest three months and at the latest one month before the expiry of the Pass's validity.. Once the Gift Pass has been activated by the User, the access to the service is given according to the expected duration during the purchase of the Gift Pass. Once this period is over, the Traveler Member becomes a Member again, unless she activates a new Gift Pass or purchase the Pass.
13. Termination of the Pass
We inform the Member that under the provisions of Article L.215-1 of the French Consumer Code relating to the tacit (automatic) renewal of contracts: "For service contracts concluded for a fixed period with a tacit renewal clause, the service provider shall inform the consumer in writing, by registered letter or by e-mail, no earlier than three months and no later than one month. Before the end of the period authorising the rejection of the renewal, the possibility of not renewing the contract she has concluded with a tacit renewal clause. This information, delivered in clear and understandable terms, mentions, in an apparent box, the deadline for non-renewal. Where this information has not been sent to him in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge at any time from the date of renewal. Advances that were made after the last renewal date or, in the case of open-end contracts, after the conversion date of the initial fixed-term contract, are reimbursed within 30 days of the date of termination, deduction made of the corresponding sums, up to this one, to the performance of the contract. The provisions of this Article shall be without prejudice to those which legally subject certain contracts to particular rules about consumer information” In addition, Article L.241-3 of the Consumer Code provides: "When the professional has not made the reimbursement under the conditions provided for in Article L. 215-1, the due sums are yielding interest at the legal rate”. The Traveler Member may cancel the automatic renewal of her Pass from her Account on the Website, at any time. The cancellation will be taken into account at the end of the validity period of the current Pass, provided that the request has been sent at least 48 (forty-eight) hours before its end, and until the end date and time, as indicated on the Member's Account.
14. Suspension of the Pass or of the Gift Pass
The Company reserves the right to withdraw access to the service to a Member who has purchase a Pass or who has activated a Gift Pass but does not comply with the Terms and Conditions. In case of non-payment by the Traveler who has purchased a Pass for the Pass price in time, the Company will immediately suspend any access to the Services for the Traveler Member as mentioned in the article “Purchase to a Pass”. The end of the validity period of the Pass or the gift Pass does not necessarily result in the deletion of the Account as the Member keeps access to the features reserved for Members.
15. Deletion of the Account
To permanently delete her Account, the Member may permanently delete her Account directly from the Website. When the Member has not used his Account for more than two (2) years, the Company will send an e-mail to the address entered when creating the Account. If the Member does not confirm that she will continue to use the Website or the Application, the Account will be deleted. The Member is informed and acknowledges that the deletion of the Account is final and leads to the deletion of the Profile and photos; a new registration and the creation of a new Account will then be necessary to access the Services again.
16. Absence of the right of withdrawal
In accordance with the provisions of Article L. 221-25 of the French Consumer Code, the Traveler Member expressly acknowledges and agrees (i) that the provision of the Services starts immediately after the validation of its purchase to the Pass either before the end of the period of fourteen clear days provided for by the Consumer Code and (ii) acknowledges and accepts accordingly not to benefit from the right of withdrawal related to the sale online or remotely. Consequently, no request for withdrawal or refund will be admissible for the period subscribed. For the purchase of a Gift Pass, the period of withdrawal is fourteen clear days, but if it is activated before the end of this period, in accordance with the provisions of Article L. 221-25 of the French Consumer Code, the User who bought the Pass expressly acknowledges and agrees (i) that the provision of the Services starts immediately after the validation of the purchase of the Gift Pass either before the end of the period of fourteen clear days provided for by the Consumer Code and (ii) acknowledges and accepts accordingly not to benefit from the right of withdrawal related to the sale online or remotely. Consequently, no request for withdrawal or refund will be admissible.
17. Processing of personal data
Legal basis of treatment The legal basis of processing is the execution of a contract.
Purpose of the treatment The data collected are necessary for the provision of the Services. In the absence of provision of such data by the Member, the Company will not be able to provide the Services. These data are only kept and used for the sole purpose of: - processing the registration of Members, - managing the purchase of a Pass; - managing the purchase of a Gift Pass; - managing the activation of a Gift Pass; - meeting the needs of connecting people of the Company; - replying to requests for contact addressed to the Company; - improving the functioning of the Website. The Member acknowledges that, by using the Website, her data may be transmitted to third parties for the purpose of rendering the Service and in particular to the Hosting Members and Traveler Members who connect to each other through the platform. The Member may also receive information or commercial offers from the Company or, with her consent, from its partners. The Member may at any time oppose the receipt of these commercial offers, and withdraw her consent, by writing to the address of the Company indicated above, or by clicking on the link provided for this purpose within the letters received e-mails.
Recipient of personal data The data relating to the exchanges and put in relation between Members are preserved during the legal duration of prescription. Data relating to the billing of the Services will be kept for a period of ten (10) years from the date of invoicing. At the end of the retention periods, the Company will definitively delete the data still in its possession.
The duration of the conversation The Company will transfer the Members Profile data to provide the Services in accordance with these GTCS/GTCU (i) to the provider in charge of the payment, (ii) to the Members concerned in the case they are to be connected to a Traveler Member or a Host Member. The Website may also use third party companies, freelancers or Ambassadors to perform certain operations in connection with the Services. By browsing the Website, the Member agrees that third-party companies or independent workers or Ambassadors Members may have access to her data to make the Website and the provision of the Services operational. These third-party companies, these freelancers and these Ambassadors have access to the collected data only in connection with the provision of the Services. Members' information may finally be transmitted to third parties without their prior express consent in the following cases: - comply with the applicable regulations; - protect anyone from serious bodily injury or death; - fight against fraud or attacks against the Company or its Members; - protect the Company's property rights.
Security and data confidentiality The Company undertakes to implement all appropriate technical and organizational measures to ensure the security and confidentiality of the data.
Rights of the people concerned In accordance with the Data Protection Act and the GDPR, Members have, at any time, a right of access, limitation, rectification, portability, opposition and deletion of their personal data. Finally, Members have the right to define guidelines defining how they intend to exercise these rights after their death. Members may exercise this right by sending an e-mail to the following address: firstname.lastname@example.org. Members have the right to make a complaint to the National Commission for Computing and Liberties (www.cnil.fr).
19. Intellectual property
The Website, its general structure and all the elements that make it up, as well as the software, database structures, texts, information, analyses, images, photographs, graphics, trademarks, logos, sounds or any other data contained on the Website. The Website remain the exclusive property of the Company or, as the case may be, of their respective owners with whom the Company has entered into use agreements. They may not in any case be reproduced, used or represented without the express written consent of the Company, under a penalty of perjury. The Company grants Users and Members a non-exclusive and non-transferable right of use of the Website as well as original works of art and data contained on the Website. All other rights are expressly reserved by the Company. Whether it is partial or complete, any dissemination, exploitation, representation or reproduction, of the Website and/or the elements composing it, without the express authorization of the Company, are therefore prohibited and would constitute an infringement sanctioned by the Intellectual Property Code. Any other use of the Website, including commercial use, by Users and Members is prohibited without the express written consent of the Company. Users and Members refrain, in a non-exhaustive way, for a use other than private, from reproducing and/or represent, download, sell, distribute, transmit, translate, adapt, exploit, distribute, disseminate and communicate fully or partially, in any form whatsoever, whether commercial or not, any work of the original or given spirit contained in the Website. Users and Members also refrain from introducing data on the Website that modifies or is likely to modify the content or appearance of the data, of the presentation or of the organization of the Website or of the works visible on the Website, and by any process whatsoever. The trademark, the logo, are the Company’s exclusive property.
20. Duration of the contract
The duration of this contract is indefinite. The contract takes effect for the User and the Member from the beginning of (i) the use of the Services by the Member, and (ii) the navigation on the Website by the User. The Services are concluded for the period of validity of the Pass.
21. Nullity of a clause
In the hypothesis that one of the stipulations of these GTCS/GTCU would be declared invalid or unenforceable for any reason whatsoever, the other provisions will remain applicable without change, except in cases where the contract could not exist without it.
Any claim relating to the application of these Terms and Conditions must be sent to the Company at the address email@example.com, by a statement in which the person making the claim expresses one’s reservations and claims, together with supporting documents relating thereto. A claim that does not comply with the conditions described above cannot be accepted.
23. Jurisdiction clause
The French law governs these Terms and Conditions, unless public policy provision is more favorable to the consumer. Any litigation that may arise between the Company and a Member during the execution of the present terms will be subject to an attempt to resolve it amicably. Otherwise, the disputes will be communicated to the competent courts of common law. We inform the Member that she can use the mediation service for consumer disputes related to a service provided on the Website. In accordance with the rules applicable to mediation, any consumer dispute must be entrusted to the Company in writing: [firstname.lastname@example.org] or [20 rue de la Paix, 33600 Pessac] The Member may present any claims on the dispute resolution platform put online by the European Commission at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR The European Commission will transfer the User’s complaint to the competent national ombudsmen.