1. About Us
LA VOYAGEUSE SAS is a company with a capital of 10,000 euros and whose head office is at 20 rue de la paix PESSAC (33600), registered with the Trade and Company Registry of BORDEAUX under number 83 874 804 400 016 represented by Mrs. Christina BOIXIERE (hereinafter the "Company"). The Company offers the following services:
- A paid annual subscription allowing a solo female traveler (or one accompanied by a child under 12 years old) to access the network of hosts in order to contact them via the online platform to request temporary accommodations for free.
- Free registration to a network of hosts to temporarily accommodate solo female travelers at home.
- Browse the blog. - Search and browse Host Members’ profiles.
The Company invites its Users to carefully read these General Terms and Conditions of Sales (hereinafter the "GTCS") and these General Terms and Conditions of Use (hereinafter the "GTCU"). The GTCS / GTCU apply to all Services provided by the Company to its Users of the same category, whatever the clauses that may be written on the documents of the User and in particular its general conditions of purchase.
The GTCS / GTCU are systematically communicated to the User who requests it. The User is required to read the GTCS / GTCU before registering as a Member, Hosting Member or subscribing as a Premium Member. The Company reserves the right to modify the clauses of these GTCS / GTCU at any time and without justification. In the event of a later modification of the GTCS / GTCU, the Traveler Member is subject to the version in force at the time of paying her subscription.
The data recorded in the Company's computer system constitutes proof of the transactions concluded with the User.
"Member" means anyone who has completed the registration (creating a user ID, uploading an ID card and a profile picture) to access the blog and search for hosts.
"Hosting Member" means any member who has completed the registration of hosting profile and has been verified as such by the team of the Company, in particular, after completing an individual telephone interview.
"Premium Member" means any member who has subscribed to a Premium Traveler Pass to be able to contact Hosting Members.
"Subscription" means any subscription to become a Premium Member made by a Member registered on the Site, in order to benefit from the Services of the Company;
"General Terms and Conditions of Sale and Use" or "CTCS/ CTCU" means these general terms and conditions of sale and use online;
"Services" means all the services offered to the Users by the Company through the Site;
"Site" means the current website, which refers to www.la-voyageuse.com;
"Company" means La Voyageuse SAS, more fully described in Section I hereof; and
"User" means any person who uses the Site.
4. Member Registration
Registration to the Site as a member is open to women of legal age and enjoying their legal personalities and legal abilities. According to Article 225-3 4 ° of the 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 Site is subject to the registration of the User on the Site as a Member. Registration as a Member is free. To register as a Member, the User must complete all required fields, without which the service cannot be delivered. Failing registration cannot be completed and rejected applications cannot be resubmitted. The registration is subject to verification by the Company (user ID, ID card, and phone interview for the hosts) that will validate this registration only if all the elements are in conformity with those requested. The Users guarantee and declare on their honor that all the information communicated on the Site, in particular during their registration, is accurate and in conformity with reality. They undertake to update their personal information from the page dedicated to them as required.
5. Premium Member Subscription
Subscriptions may only be made once the User has registered on the Site as a member after having been validated by the Company team. To access the subscription page, the Member will be required to answer a questionnaire. Depending on the answers, the Company will advise the best solution for the Member’s travel plan. If her travel plan does not seem to match the services offered by the subscriptions, the company will propose alternatives to the Member. If her travel plan is successfully matched to a service, the Member may choose from any of the proposed services, which she may then freely cancel at any time prior to payment and acceptance of these GTCS / GTCU. The registration of a Subscription on the Website is made when the Member accepts the Terms and Conditions by ticking the box provided for this purpose and validating the Subscription. This validation constitutes proof of the contract of sales. The finalization of the Subscription implies the acceptance of the prices and terms of performance of the services as indicated on the Site. Upon receipt of payment for the subscription, the Premium Member will receive an email confirmation. This confirmation will summarize the Subscription and information relating to the performance of the service(s).
In the event of payment default, Member's wrong address or other problems on the Member's account, the Company reserves the right to block the Premium Member's subscription until the issue is resolved. If unable to perform the service, the Premium Member will be informed by email at the address provided to the Company. Cancellation of the subscription and full refund will be made in this case. The Company may grant the Member reduction in prices, discounts and rebates under the Terms and Conditions set by the Company.
6. User Responsibilities
Every registered User has a username and password. These are strictly personal and confidential and should in no case be the subject of communication to third parties under penalty of deletion of the violating Registered User's account. Each Registered User is personally responsible for maintaining the confidentiality of their username and password.
The Company will in no way be held responsible for the identity theft of a User. If a User suspects fraud at any time, she must contact the Company as soon as possible so that the latter can take the necessary measures and regularize the situation.
The User is also responsible for the risks associated with the use of her login and password on her mailbox. The user uses her personal mailbox and must respect the General Conditions of Use of her provider. The password of the User's mailbox must remain confidential. In the event of password disclosure, the Company declines all responsibility.
The User assumes full responsibility for the use she makes of the information and contents contained in the personal information sheets.
Any use of the service by the User directly or indirectly resulting in damages must be compensated for the benefit of the site.
The Company is not responsible for the content of messages exchanged once the connection is established between a Premium Member and a Hosting Member. The User undertakes to make appropriate remarks to others and to the law.
Each User may only hold one account on the Site.
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 unsuitable behavior proven during exchanges with another user (lack of respect, endangerment, theft, etc.) the Company reserves the right to proceed with the temporary or permanent deletion of all accounts created by the offending registered User.
The deletion of the account entails the definitive loss of all the benefits and services acquired on the Site.
In the event of deletion of an account by the Company for breach of the duties and obligations set out in the GTCS / GTCU, it is expressly forbidden for the infringing User to re-register on the Site directly, through another e-mail address, or by intermediary without the specific permission of the Company.
7. Company Responsibility
The Company undertakes to implement all the necessary means to guarantee the security and confidentiality of the data. However, it does not provide a guarantee of total security. The Company reserves the right of a non-guarantee of the reliability of the sources, although the information presented on the Site is deemed reliable.
The Company declines any liability in case of theft or deterioration of the User's goods or money from a Premium Member who is accommodated by a Hosting Member or from a Hosting Member who accommodates a Premium Member. Although deemed reliable and offering a profile verification system that maximizes the security and safety of the User, the Company encourages the User to take all the necessary precautions for her security or safety. The service offered by the Company cannot completely guarantee the security or safety of the User. Thus the Company disclaims all liability related to a security or safety problem.
8. Service Delivery and Price
The Services subject of the GTCS / GTCU are those which appear on the Site and which are offered directly by the Company or its service provider partners.
The Services are described on the corresponding page within the Site and indication is made of all their essential characteristics.
The Company cannot be held responsible for the impossibility of carrying out the Service when the User is not eligible.
The Company cannot be held responsible if a Premium Member does not find any host in her destination or if no host accepts her accommodation requests. It is advisable before Subscription to read carefully our FAQ and our Advice for Travelers.
When a Registered User wishes to obtain the Service provided by the Company through the Site, the price indicated on the page of the Service corresponds to the price in euros, all taxes included (TTC), takes into account applicable discounts and is in full force and effect on the day of the Subscription. The quoted price does not include the incidental expenses which will be indicated if necessary in the summary before subscribing.
The Company reserves the right to modify its rates at any time. It undertakes to invoice the Services at the rate applicable at the time of a User’s subscription.
Under no circumstances may a User request the application of discounts that are no longer available or in effect on the day of the Subscription.
9. Payment Methods and Deadlines
Unless otherwise specified, all purchases are paid at the time of the Subscription.
Payment can be made by: Bank Card.
In the event of total or partial non-payment of the Services on the date agreed upon on the invoice, the User shall pay the Company a late payment penalty at a rate as defined by the legal interest rate.
No compensation may be made by the User between late penalties in the provision of services ordered and amounts owed by the User to the Company for the purchase of Services offered on the Site.
The penalty payable by the User is calculated on the amount inclusive of taxes of the remaining amount due, and runs from the due date of the price without any prior notice being required.
In case of non-compliance with the terms of payment described above, the Company reserves the right to cancel or suspend the sale.
When the Subscription expires, according to the expected and announced duration at the Subscription, the renewal is performed automatically by payment via the same bank card. The Premium Member will be notified by email in advance. She may cancel this renewal at any time.
10. Provision of Services
The provision of services ordered on the Site will be provided by the Company.
The Company undertakes to implement all the human and material resources to carry out the services announced during the Subscription. However, it can in no way be held responsible for delays in the performance of services caused by fault which are not attributable to it.
If the services have not been performed within the deadline, the resolution of the sale may be requested by the User under the conditions provided for in articles L216-2 and L216-3 of the Consumer Code. The sums paid by the User will be refunded at the latest within fourteen (14) days of the date of termination of the contract.
This provision does not apply when the delay of the Company is due to a fault of the User or to a case of force majeure, which means, to the occurrence of an unforeseeable event, irresistible and beyond control of the Company.
For all Subscriptions made on this Site, the User has the right of complaint throughout the duration of the Subscription period, from the date of payment of the Subscription.
To exercise this right of claim, the User must send to the Company, at the address firstname.lastname@example.org, a statement in which she expresses her reserves and claims, together with supporting documents relating thereto.
A claim that does not comply with the conditions described above cannot be accepted.
After examination of the claim, the Site may replace or refund the Service provided as soon as possible and at its expense.
12. Consumer’s Right of Withdrawal
The Consumer usually has the right of withdrawal within fourteen (14) days from the date of the Subscription. However, in the case of Subscriptions provided by the Company which enable Users to access the entire network of hosts and contact them, the right of withdrawal would not be applicable in accordance with Article L221-28 of the Consumer Code as reproduced below. "The right of withdrawal cannot be exercised for contracts:
Providing digital content that is not provided on a physical medium whose performance has begun after express prior consent of the consumer and expressly waives its right of withdrawal."
By validating the present GSCS, the User waives her right of withdrawal.
13. Personal Data Processing
The registration on the Site entails the processing of the personal data of the User. If the User refuses the processing of her data, she is asked to abstain from using the Site.
This processing of personal data is done in compliance with the General Regulation on Data Protection 2016/679 of 27 April 2016.
In addition, in accordance with the Data Protection Act of 6 January 1978, the User has at all times the right to question, access, rectify, modify and oppose all her personal data by writing, by mail and justifying her identity, to the following address: email@example.com
This personal data is necessary for the processing of her registration or subscription and the preparation of her invoices, as the case may be, as well as for improving the functionality of the Site.
14. Collected Data Sharing and Protection
The Company provides a level of security that is appropriate and proportional to the risks. However, these measures do not constitute a guarantee and do not bind the Company to a data security performance requirement.
The Site may use third party companies, freelancers or Ambassadors to perform certain operations. By browsing the Site, the User accepts that third-party companies or independent workers or Ambassadors may have access to their data to enable the proper functioning of the Site.
These third-party companies, these freelancers and these Ambassadors have access to the collected data only in the context of carrying out a specific task.
The Site remains responsible for the processing of this data.
In addition, the User may be required to receive information or commercial offers from the Company or its partners. The User may at any time oppose the receipt of these commercial offers, by writing to the address of the Company indicated above, or by clicking on the link provided for this purpose within the emails received.
In addition, the information of the Users may be transmitted to third parties without their prior express consent to achieve the following purposes:
- respect of the law
- protect everyone from serious bodily injury or death
- fight against fraud or damage to the Company or its Users
- protect the Company's property rights.
To enable its Users to benefit from an optimal navigation on the Site and a better functioning of the different interfaces and applications, the Company is likely to implement a cookie on the computer of the User. This cookie makes it possible to store information relating to the navigation on the Site, as well as any data entered by the Users (including searches, login, email, password).
The User expressly authorizes the Company to deposit on the hard disk of the User a so-called "cookie" file.
The user has the option to block, change the retention period, or delete this cookie via the interface of her browser. If the systematic deactivation of cookies on the User's browser prevents her from using certain services or features of the Site, this malfunction cannot in any case constitute damages for the member who shall not claim any indemnification with respect thereto.
The Company reserves the right to modify the Site, the Services offered therein, the GTCS / GTCU as well as any other component of the services provided by the Company through the Site.
When subscribing to the Subscription, the User is subject to the stipulations set out in the GTCS / GTCU in force at the time of payment of this subscription.
17. Liabilities and Access to Services
Any User having access to internet can access from anywhere to the service of La Voyageuse. Costs incurred by the User to access the Site (internet connection, computer equipment, etc.) are not the responsibility of the Company.
The Company cannot under any circumstances be held responsible for the unavailability, whether temporary or permanent, of the Site and, even if it implements all means to ensure the continuous service, it may be that it is interrupted at any time. In addition, the Company reserves the right, by a voluntary act, to make the Site unavailable in order to carry out any update, improvement or maintenance operation.
As previously mentioned herein, the Company cannot be held liable in any way for delays in performing a service for reasons beyond its control, independent of its will, unforeseeable and irresistible, and thus no fault can be attributed to it.
18. Intellectual Property
The trademark, the logo, and the graphic charter of this Site are trademarks registered with the INPI and works protected by intellectual property, the property of which is the exclusive property of the Company.
Any dissemination, exploitation, representation, reproduction, whether partial or complete without the express authorization of said company, will expose the violator to civil and criminal prosecution.
19. Duration of the contract
The duration of this contract is indefinite. The contract has effect with regard to the User from the beginning of the use of the service for the user.
20. Jurisdiction clause
The law governing the GTCS / GTCU is French law. Any dispute that may arise between the Company and the User during the execution of the present will be the subject of an attempt to resolve amicably. Otherwise, the disputes will be brought to the attention of the competent courts of common law.
The User is informed that she can resort to a conventional mediation with the Consumer Mediation Commission provided for in Article L534-7 of the Consumer Code or with existing sectoral mediation bodies. It may also use any alternative dispute resolution process in case of dispute. The list of mediators can be consulted by following this link: http://www.economie.gouv.fr/mediation-conso/saisir-mediateur
21. Pre-Contractual Information
Prior to the Subscription, the User acknowledges having been informed of, in a legible and understandable way, the GTCS / GTCU and information and knowledge provided for in Articles L111-1 to L111-7 of the Consumer Code, and in particular:
- the essential characteristics of the Services;
- the price of the Services;
- the date or time at which the Company undertakes to provide the Service;
- information relating to the identity of the Company (postal address, telephone number and electronic contact details);
- information on legal and contractual warranties and how they are implemented;
- the possibility of resorting to a conventional mediation in case of litigation;
- the information relating to the right of withdrawal (deadline, methods of exercise).
- The subscription to the Subscription on the Site entails adhesion and acceptance of the GTCS / GTCU. The User may not rely on a contradictory document.