Terms and conditions of use
Updated on December 01, 2022
Livelocal is a platform allowing to connect individuals (the " Visitors" ) with leisure and tourism activities providers (the " Providers "), in order to order local services at the place of vacations, in France (the " Services ").
This matchmaking service (the " Service "), accessible from the website www.livelocal.fr (the " Site "), is provided by B.A.I. Bretagne Angleterre Irlande, a public limited company with a board of directors and a supervisory board with a capital of €22,831,056, whose registered office is located at Port de Bloscon, 29680 Roscoff, registered under number 927 250 217 with the Brest Trade and Companies Registry (the " Company ").
These General Terms of Service (the " General Terms ") consist of:
- General Terms and Conditions of Use (" GTCU "), which govern the relationship between the Company on the one hand, and the Visitors and Providers (the " Users ") on the other hand, and specify the operation and conditions of the Service offered by the Company via the Site;
- Additional Terms and Conditions applicable to Service Providers, which more specifically govern the relationship between the Company and Service Providers, supplementing the TOU;
- General Terms and Conditions of Sale, which govern the sale of Services made through the Service between Visitors and Providers.
In the General Terms and Conditions, words defined and beginning with a capital letter may be used either in the singular or in the plural.
I. GENERAL CONDITIONS OF USE
Sales of Services made through the Service between Visitors and Providers are governed by the GTCs, which are separate from these GTCs.
The relationship between the Company and the Providers is governed by these TOU and the Providers TOU.
- Acceptance of the T&Cs
By accessing this Site and/or using the Services, the User is deemed to accept without reservation the present general conditions of use and more generally all applicable legal and regulatory provisions.
The publisher of the Site reserves the right to update the present general conditions of use at any time. The publisher therefore invites all users to visit this page each time they consult the site in order to take note of them.
The User undertakes to read these GTUs carefully when accessing the Site and is invited to download them, print them and keep a copy.
- Description of the Service and role of the Company
The Service is made up of a set of tools allowing the connection, by electronic way, of the Visitors, consumers, and the Providers, professionals, with a view to the sale of Services.
Transactions made via the Service for the purpose of selling the Services are concluded directly between the Visitor and the Provider.
Offers for Services and all information on prices and descriptions of Services are made exclusively by the Providers.
The provisions of the Civil Code relating to the law of obligations and civil liability(https ://www.legifrance.gouv.fr/codes/id/LEGITEXT000006070721/) are applicable to the contractual relationship between Visitors and Providers.
The Company is in no way a Provider. As an online platform operator, the Company's role is limited to providing the Service and facilitating interactions between Users. The Company is not a party to the service contracts concluded directly between the Providers and the Visitors.
The Company is not a travel agency, nor an insurer, nor an organizer or retailer of tour packages under Directive (EU) 2015/2302.
- Access to the Service
- Create an account
Access to the Service is subject to the opening of an account on the Site.
Users agree to provide accurate, truthful and up-to-date information. They also undertake to check their data regularly to ensure that it is accurate.
Only one account can be created per User.
It is User's responsibility to maintain the confidentiality and security of User's credentials. User agrees to notify Company immediately if User suspects that User's credentials have been lost, stolen, or that User's account has been otherwise compromised. User is responsible for all activities that occur under User's account, unless User has not authorized such activities and is otherwise negligent (e.g., by failing to report unauthorized use or loss of User's credentials).
In case of loss, misappropriation or fraudulent use of the login and/or password, the User agrees to immediately notify Customer Service at the address indicated in Article 5.5 of the GCU.
- Registration as a Visitor
Access to the Service by Visitors is reserved for strictly personal use. When using the Service, the Visitor declares that he is acting in a private capacity.
Registration as a Visitor is only permitted for natural persons who are eighteen (18) years of age or older, who have reached the age of majority in their country of residence and who guarantee that they are consumers as defined by the regulations.
The Visitor may unsubscribe and close his Visitor account at any time by unsubscribing directly on the Site.
- Registration as a Provider
The Provider is a professional who can be a natural or legal person.
The Provider must be established in France and offer services in France.
In order to validate its registration, the Provider must provide the Company, via the Website, with a certain number of supporting documents depending on its status.
- Service Fees
Access to the Site and the Service is free for Visitors.
The use of the Service by the Providers is subject to a commission as defined in the Providers TOS.
Internet connection costs are the responsibility of each User.
- No guarantee of availability
The Company does not guarantee the availability or uninterrupted accessibility of the Site. The Company may restrict the availability of all or part of the Site or certain of its features without notice at any time and for any reason related to the general operation of the Site, including to maintain the security or integrity of the Site or to perform maintenance. The Company may also decide to modify the features and functionalities of the Site.
- Operation of the Service
- Consultation and ranking of the offers of Services
Visitors can consult lists of suggested Services offered by the Providers.
Depending on the Visitor's search, the Service offers displayed correspond to the search parameters indicated by the Visitors.
By default, the offers appearing on the result pages are classified according to an algorithm based on the relevance of the offers with regard to the Visitor's search and, where applicable, the filters chosen by the Visitor.
The Visitor can modify this default classification by selecting a sorting criterion.
- Ordering Services
The Site allows Visitors to place an order for Services offered by Providers via the Site (the " Order ").
All Orders shall be governed by the T&Cs.
All the offers of Services are created and filled in by the Company. The Providers are solely responsible for the proofreading of the description provided, the conformity of the Services and the determination of the selling price. The price is inclusive of all taxes except for any local taxes. The latter are added before the validation of the Order.
The Company recommends that Visitors carefully read the GTC and the description of the Services and check the content of the Order.
It is the Visitor's responsibility to verify that he (and any person accompanying him) meets the minimum age, competence, aptitude or other requirements necessary for the proper performance of the Event. The Visitor is responsible for informing the Provider of his or her state of health or physical condition, or of any other circumstance that could have an impact on his or her ability to participate in the Event.
The Company is in no way responsible for the Visitor's failure to comply with the indications specified by the Service Providers in their offer of Services and/or during the contact with the Service Provider.
- Payment of Benefits
The Visitor must pay for all Services at the time of the Order.
The accepted method of payment for any Order is by credit card.
All Orders are subject to a payment receipt that is sent to the Visitor by email to the address provided.
The Service Provider will receive the price of the Order (minus the Commission due to the Company) at the end of the Service and its validation by the Visitor. The Visitor has 48 working hours to confirm the proper execution of the Service or to make a claim. In the absence of a claim, a credit note is established and issued by the Company in the name and on behalf of the Provider. The Service Provider will receive the amount due to him.
In the event of a claim, the sums will be blocked until the claim is processed. None of the sums collected in the name and on behalf of the Provider shall carry any interest.
The Visitor warrants that he is fully entitled to use the means of payment for the payment of his Order and that his means of payment provide access to sufficient funds to cover all costs resulting from the Order. In the event that the bank refuses to accept payment at the time the Order is placed, the Order will not be validated and the Visitor will be notified of the cancellation of the transaction by sending an e-mail.
For the management of payments, the Company uses the services of the payment service provider Stripe Connect (the " PSP "), which manages the various payments and financial flows in the context of the operation of the Service. The Company does not handle and never has possession of any funds paid and/or due to Users (except for commissions due to the Company).
Users' banking and payment information passes directly through the PSP's bank servers and is subject to a security system that uses the SSL (Secure Sockets Layer) protocol to encrypt payment card details. This system guarantees the Visitor total confidentiality of his banking information. The Visitor's bank details are not stored electronically by the Company or the Service Provider. No credit card number is therefore stored on the Company's computer servers.
- Modification and cancellation of a Service
The sales contract being established between the Visitor and the Provider, the modification and cancellation policy is at the Provider's discretion.
For each Service, the conditions of modification and cancellation are specified by the Provider in the description of the Service on the Website.
- Evaluation of the Services and advice
The Company provides Visitors with the means to evaluate the Providers and the Services once the Services have been completed.
The assessment is carried out according to evaluation criteria and by awarding stars.
Visitors also have the possibility to publish reviews of the Services.
Visitors undertake to comment and evaluate the Providers and the Services objectively.
No consideration is provided for this notice.
The Company does not control a priori the opinions of Visitors published on the Site and, consequently, cannot be held responsible for them.
The notices may be subject to a posteriori moderation to ensure compliance with these Terms and Conditions.
The Company reserves the right, without having to provide justifications, to remove at any time notices that are clearly not in accordance with the spirit of the Site or with these General Conditions.
In the event that a review is moderated or deleted, the Company will notify the Visitor by email so that the Visitor can publish it again by modifying the elements that do not comply. The Company reserves the right to contact a Visitor in case of need to verify a review.
- Customer Service
For any request relating to the use of the Service or in case of difficulty with an Order, the Visitor may contact the Company at the following e-mail address firstname.lastname@example.org
- Commitments of Users
- Use of the Service
When using the Service, each User undertakes not to undermine public order and to comply with the laws and regulations in force, to respect the rights of third parties and the stipulations of these TOS.
As such, each User is obliged to:
- behave in a fair and lawful manner towards the Company and third parties;
- be honest and sincere in the information provided to the Company and, if applicable, to other Users;
- use the Site and the Service in accordance with its purpose as described in these TOS;
- not to divert the purpose of the Site and the Service to commit crimes, misdemeanors or contraventions punishable by the Penal Code or any other law;
- not to carry out substantial or repeated extraction of the content of the Site by infringing the rights of the producer of the Company's database;
- respect the privacy of others and the confidentiality of exchanges;
- respect the intellectual property rights of the Company relating to the elements of the Site and, where applicable, the intellectual property rights of other Users;
- not to seek to undermine the meaning of Articles 323-1 et seq. of the Penal Code to the systems of automated data processing implemented on the Site, including through practices such as scrapping;
- not to modify the information put online by the Company or by another User;
- not to use the Site or the Service to send unsolicited mass messages (advertising or otherwise);
- not to disseminate data that would diminish, disorganize, slow down or interrupt the normal operation of the Site and the Service
In addition, each User agrees not to share via the Service, without this list being exhaustive:
- contents or notices that are shocking, inappropriate, obscene, threatening, abusive, violent, rude, racist, injurious, defamatory, slanderous, denigrating, misleading, discriminatory, aimed at harassing, threatening, embarrassing others, of a pornographic or child pornography nature constituting an apology for crimes against humanity, likely to incite racial, religious or ethnic hatred, violence or terrorism, to violate human dignity or the privacy of others, illegal or contrary to the laws in force;
- content that infringes on the intellectual property rights of others;
- contents likely to be qualified as embezzlement, fraud, breach of trust or to fall under any other criminal offence;
- content whose purpose is to disseminate commercial, advertising, promotional or propaganda messages and/or to solicit payments or donations online;
- hypertext links referring to external sites or referring to information containing computer viruses or bypassing technical protection devices or allowing any act of piracy or hindering or disrupting access to and use of the Site or the Service;
- in a general way, any content contrary to the present TOS, to the law and or to public order.
The User is and remains solely responsible for the content he shares and for its compliance with the laws and regulations in force, the Company not being in any way responsible for this content. In this respect, the User is informed that its contents are not verified before being put online by the Company.
- Tax and social obligations
The Providers are informed that the use of the Service may generate legal, fiscal, social and administrative obligations that each of them must fulfill under the applicable rules.
The Provider is solely responsible for all declarations and formalities required for its activity and must meet all obligations incumbent upon it, if any, under the legislation on which it depends, and in particular the payment of social security contributions due by self-employed workers and the payment of VAT and taxes relating to all Services sold through the Site, if any.
In accordance with its obligations as an online platform operator, the Company invites Providers to obtain information from the relevant authorities, in particular by following the links below:
- on www.impots.gouv.fr, concerning tax obligations, following link: https: //www.impots.gouv.fr/portail/node/10841
- on www.urssaf.fr, concerning social obligations, following link : https://www.urssaf.fr/portail/home/espaces-dedies/activites-relevant-de-leconomie.html
The following sheets, intended for Providers, are also available at the following addresses:
The Company's liability towards a User may only be incurred for facts that are directly attributable to him/her and that cause him/her harm directly related to these facts. It cannot be held liable for indirect damages. The Company cannot be held responsible for the misuse of the Service by the User or for any fault on his part. The Company shall not be held liable for any facts attributable to a third party to the Service.
In addition, in accordance with Article 6-I, 2 and 3 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, the Company shall not be held liable for any content made available on the Site by Visitors or Providers, in particular with regard to the description of the Services or the assessments that Visitors make of the Providers, unless it does not promptly render such content inaccessible after having been informed of its illegality under the conditions provided for by this law.
Finally, the Company declines all responsibility with regard to the sales that Visitors make through its Service with the Providers, to which it remains unrelated. Any complaint relating to the comments appearing on the description of the Services will be redirected to the designated Provider, who will assume full and sole responsibility in this regard.
The Visitor is solely responsible for the use he makes of the Service, in particular the assessments he makes on the Site, and undertakes to indemnify and compensate the Company at first request for any damage, loss or loss of earnings that the Company may suffer if its liability is incurred by a third party as a result of an action related to this use of the Service by the Visitor.
The Company shall not be liable for any failure to perform or improper performance of all or part of the Services.
The Company does not guarantee the quality of the Services provided by the Providers. In this sense, it does not guarantee the Visitor full satisfaction with the services and commercial practices ordered from a Provider through the Site.
The Company shall not be liable for any comments made during exchanges and communications between a Visitor and a Provider, whether within or outside the Site.
The availability of appointments for Services is checked in real time by computer. Consequently, the Services are blocked by computer. However, as the Company cannot materially verify the accuracy of the information collected in real time from the Providers, it cannot be held responsible if the Visitor does not actually manage to benefit from the desired appointment.
It is expressly stipulated that the Company shall in no way be held liable, in any way whatsoever, in the event that the Visitors' computer equipment or electronic mailbox rejects, for example due to an anti-spam system, the electronic mail sent by the Company.
- Force majeure
The parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described in these TOU, results from a case of force majeure, as defined in Article 1218 of the Civil Code and French case law.
- Intellectual Property
- Company's Intellectual Property Rights
All the elements of the Site (except the contents published by the Providers) and the Site itself are protected by copyright, trademark, design rights and/or any other intellectual property rights. These elements are the exclusive property of the Company.
The name and trademark, logos, designs, stylized letters, figurative marks, and all signs depicted on this Site are and shall remain the exclusive property of the Company.
The Company grants Users a non-exclusive, free, non-transferable license for the entire world to represent the elements of the Site and in particular its intellectual property rights, exclusively for the performance of the Service.
Any use by the User of the corporate names, trademarks and distinctive signs belonging to the Company is strictly prohibited without the prior written consent of the Company.
- Intellectual property rights of the Providers
In the context of the sale of the Services, the Providers may present in their offers of Services photographs, trademarks, logos, drawings and other models belonging to them or to third parties.
The Provider grants the Company a royalty-free, non-exclusive, assignable, transferable, sublicensable, worldwide license for the duration of the agreement between the Company and the Provider to use, analyze, reproduce, perform, display, format, publish and distribute such content in connection with the provision of the Site and the Service, and to perform any other act or activity in connection with such display, analysis, reproduction, performance, formatting, use, publication and/or distribution, necessary or useful in connection with the provision of the Site and the Service, on any other media (including, but not limited to, any physical or digital media, press or financial releases or files, presentation materials, promotional and/or advertising materials, websites), by any means, without limitation in the number of copies, for internal, storage, advertising, promotional, marketing, communication, public relations purposes and for the purposes of setting up partnerships or sponsorships with the Company's partners The Provider acknowledges that any use of its content made by the Company prior to its deregistration or deletion of its account or the termination of these TOU may not be challenged by the Provider.
The Provider guarantees that it has all the rights and authorizations necessary for the exploitation of the contents. In this respect, the Provider guarantees the Company against any action, claim, demand or opposition from any individual or legal entity, invoking an intellectual property right that would have been infringed by the execution of the contract.
In any event, the Company shall not be held liable for any act of infringement or unfair competition, given its simple capacity as host of the content published by the Providers.
- Link to third party sites
The Site may contain links to third-party websites that the Company does not control. The Company is not responsible for the privacy practices or the content of such sites.
- Personal data
- Treatments performed by the Company
The information collected in the context of the use of the Site and the Service are subject to computer processing by the Company as the controller.
- Treatments carried out by the Providers
The Service Provider guarantees that it processes such data in compliance with the rights and obligations arising from the "Informatique et Libertés" law and all its amendments and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the " RGPD ").
The Service Provider may collect and process the personal data of Visitors who have placed an Order with it for the sole purpose of performing the Service in question. The Service Provider may also keep the Visitors' data in order to meet its legal obligations, in particular fiscal and accounting obligations, or to manage any disputes with Visitors.
The Service Provider expressly refrains from using Visitors' data for commercial solicitation purposes without the prior and express consent of the Company and the Visitor, unless it has collected data relating to a Visitor by means other than the Service.
In this context, the Provider assumes the quality of data controller within the meaning of the RGPD for the processing that it carries out on its own behalf from the personal data it receives. Thus, it is solely responsible for compliance with the regulations on personal data.
- Opposition to telephone solicitation
Visitors are informed of their right to register free of charge on the opposition list to telephone solicitation on the website www.bloctel.gouv.fr.
- Validity of the T&Cs
If any provision of the Visitors TOU is found to be invalid or unenforceable, that provision shall be severed and shall not affect the validity and enforceability of any other provision.
- No waiver
The failure of either the Company or a User to exercise at any time any right or provision of the TOU shall not constitute a waiver of such right or provision. Except as otherwise expressly provided in the TOU, the exercise by either party of any remedy available to it under the TOU shall be without prejudice to any other remedy available to it under the TOU or at law.
- Modification of the TOS
The Company may amend these TOU from time to time.
The Company publishes updates on the Site and updates the "last updated" date at the top of the Terms and Conditions page. The new provisions of the TOU are applicable as of the date of the update.
In this case, all Users must read and accept the modified version of the TOS (i) for Visitors, before making a new purchase on the Site and (ii) for Providers, upon notification of the change by email.
- Applicable law and disputes
These Terms and Conditions for Visitors are governed by French law.
- Disputes between the Company and a Visitor
In the event of a dispute or claim against the Company relating to the Service, the Visitor is invited to contact the Company to obtain an amicable solution.
If no amicable resolution is reached, after the Visitor has sent the Company a written complaint, the Visitor may have recourse, free of charge, to a consumer mediator for the amicable resolution of the dispute between him and the Company.
If the Visitor's country of residence or establishment is in the European Economic Area, Switzerland or the United Kingdom, then the Visitor may access the online dispute resolution platform, in accordance with Article 14 of Regulation (EU) No. 524/2013, which the European Commission has set up to facilitate the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https: //webgate.ec.europa.eu/odr/.
If the Customer's country of residence or establishment is in France, the Customer may decide to refer the matter to the Tourism and Travel Ombudsman by letter addressed to B. P. 80303 - 75823 Paris Cedex 17, whose referral procedures are available on the website: www.mtv.travel.
Recourse to the Consumer Mediator is optional for the Visitor, who may refer the matter to the competent courts at any time.
- Disputes between the Company and a Provider
In the event of a dispute or claim against the Company relating to the Service, the Provider shall first contact email@example.com to obtain an amicable solution.
In the absence of an amicable agreement, any dispute between the parties relating to the existence, validity, interpretation, performance and termination of these TOU, or any of its clauses, shall be submitted to the competent courts of the jurisdiction of the Court of Appeal of Paris (France).
- Gift Cards
A User can purchase a Livelocal gift card by filling in his information and making a payment in a secure form. The User can choose the amount of the gift card and fill in the information chosen for the gift card (recipient, note...). The sale of a gift card is concluded between the User and the Company as soon as the User finalizes his order on the Site, following the validation of the payment by secured bank card used by the Site. The User accepts the GCU at the time of purchase.
Delivery of the gift card
The Company undertakes to send the gift card to the User by email within 48 working hours, in electronic format. The gift card will allow the beneficiary of the gift card (hereinafter the " Beneficiary") to benefit from a discount, corresponding to the amount chosen and paid by the User, thanks to a unique discount code displayed on the card. The User undertakes to provide a valid email address that belongs to him/her, the Company shall not be held responsible in the event of the opposite.
Reservation with a gift card
The Beneficiary must have an account on the Site at the time of using the gift card. The Beneficiary will enter an activity, a date and a number of participants and pay the remaining amount to validate the reservation. The validation of the reservation is subject to the availability of the Provider for the chosen date. When requesting a reservation via a gift card, the sale is concluded between the Beneficiary and the Provider and is subject to the GTC.
In the event that the Provider is not available for the dates selected, the Publisher may offer alternatives to the Beneficiary. The gift card remains valid for a future booking within the limit of its validity. In the event of an overpayment in relation to the final booking, the Company will not refund the difference. Gift cards cannot be used to pay for changes to an existing reservation or to purchase other gift cards. Gift cards may not be reloaded, resold, transferred for any other goods or services, or exchanged for cash, except where required by law. Once a Gift Card is added to an account on the Site, its value cannot be transferred to another person or another account on the Site.
Validity and use
Cancellation and refund
In the event of cancellation, the cancellation policy of the chosen Provider applies, and the Company shall not be liable, and the amount eligible for refund includes the amount of the gift card.
II. ADDITIONAL CONDITIONS APPLICABLE TO PROVIDERS
The purpose of these Terms and Conditions of Service is to provide a more specific framework for the relationship between the Company and the Service Providers, by supplementing the Terms and Conditions of Service.
- Status of the Provider
The Service Provider carries out its activity under the status of a micro-enterprise (auto-entrepreneur) or via a company duly registered in the Trade and Companies Register.
The Service Provider is solely responsible for complying with the applicable legal provisions regarding the conditions of practice for the provision of its Services (in particular with regard to the protection of consumer rights), as well as the proper completion of all administrative, fiscal or social formalities and all payments of contributions, taxes or duties of any kind that are incumbent upon it, if any, in relation to its use of the Service. To this end, he/she agrees to obtain all required approvals, permits or certifications before offering a Service, and to declare his/her activities and income to all competent bodies. The Company shall not be held liable in any way in this regard.
By using the Service, the Provider declares to have made all the formalities relating to its activity with the competent administrations.
He/she further certifies that he/she holds all insurance, diplomas and other authorizations allowing him/her to provide the Services offered through the Service.
The Company recommends that Providers obtain appropriate insurance for the Services offered, and the Company suggests that Providers carefully read the terms and conditions of the policy, including the terms of coverage and exclusions.
- Autonomy and independence
The Company and the Service Provider conduct their business on a completely independent basis, each bearing the risks of its activity. The Service Provider is not and has never been an employee of the Company. There is no relationship of subordination between the Service Provider and the Company. The Company is neither a recruiter, nor an employer, nor a temporary employment agency, nor a temporary work company. The Company has not received a mandate from the Service Provider to directly search for Visitors, and vice versa.
The Service Provider is free to use the Service as much as it wishes. Upon receipt of an Order, the Service Provider is free to accept, decline or not to proceed with the Order without reason.
Each Provider is free to set the price of its Services and to organize its Services as it sees fit, according to its availability, and the frequency and intensity it chooses.
The Provider is not subject to any exclusivity obligation towards the Company and the Company does not guarantee any minimum activity. The Provider is free to use other platforms, to develop its business by any other means or to provide services to its own customers.
- Commitments of the Provider
- Publication and management of offers of services
The Website provides tools that allow the Provider to easily configure and manage its Services offers. The Company provides the Service Provider with a dedicated space on the Website allowing it to communicate its terms and conditions to Visitors. The Provider may use this space to communicate to the Visitors, in particular, the information prior to the provision of a service, as provided for in Articles L. 221-5 and L. 221-6 of the Consumer Code.
In particular, Provider's offer must include complete and accurate information about the Service(s), the conditions for participation (such as minimum age, skill requirements or fitness level), all information necessary for safe participation (such as dress code, equipment, special certifications or approvals, etc.), the conditions for modification and cancellation, the price of the Service, any other fees such as in-person fees and any regulations or requirements that apply to Visitors or the Service(s).), the terms of modification and cancellation, the price of the Service(s), any other fees such as in-person fees, and any regulations or requirements that apply to Visitors or the Service(s). The Provider is responsible for its own acts and omissions, and for the updating and accuracy of the information in the Service offering (including its calendar availability dates) and its content (such as photos) at all times.
The program of the Service must be clear, complete and accurate, so that Visitors know exactly what to expect at the time of the Order.
Certain Services are not permitted on the Site. This includes:
- Services with sexual connotations
- Services considered illegal under French law
- Gambling services
- The services falling within the definition of tourist packages as provided for in Article L.211-1 of the Tourism Code
Prior to publication, the Service offering is evaluated by the Company according to the criteria of the Service Provider TOU, and must continue to meet these criteria to remain on the Site. If a Service offering does not meet these criteria, the offering or the associated account may be restricted, suspended or deleted from the Website.
The Service Provider undertakes to implement all means in order to optimally satisfy its obligations by offering and delivering a quality Service to Visitors.
To this end, he undertakes to respond to e-mails, calls and messages from the Company's Customer Service as well as to e-mails, calls and messages from Visitors within one (1) business day of their receipt, in the language initially used by the Visitor or, failing that, in English.
All exchanges between the Provider and the Company are strictly confidential. The Provider therefore undertakes not to disclose the content of these exchanges to a third party.
- Cancellation of Services
Cancellations disrupt travelers' plans and can undermine their confidence in the Service. Therefore, Providers must make every effort to fulfill all confirmed Orders. If a Provider encounters an unforeseen event that prevents it from fulfilling an Order, it must cancel the Order as soon as possible to allow the Visitor to modify his or her plans.
Where applicable, the following penalties may be applied:
- After 3 cancellations, regardless of the timing and reason, the Provider's account may be suspended until the Provider justifies each cancellation to the Company
- Suspension or cancellation of Services in case of non-compliance with the General Conditions
- Cancellation of current or confirmed reservations in case of damage or risk of damage to the health and physical or moral integrity of the Visitors.
The remuneration that the Company receives for the Service is collected through Commissions. The Company only receives these Commissions when a Visitor pays a Provider via the Site.
The Service Provider shall therefore refrain from developing, directly or indirectly, on its own behalf or on behalf of a third party, any act of competition or misappropriation against the Company concerning Visitors. In particular, the Service Provider is expressly prohibited from :
- promote directly or indirectly, in any form whatsoever (in particular by inserting hyperlinks, any message in the description of the Services or by using the URL address of its website in its login or on the Provider page) its Services, as well as those of any other person;
- submit proposals or solicit Visitors to contract outside the Site;
- accept Visitors' proposals to contract, invoice or pay outside the Site.
This obligation is essential for the Company. In case of non-compliance by the Provider, the Provider will be required to pay the Company a penalty equal to the amount received for the performance of the Services outside the Site. In addition, the Provider will be removed from the Site.
- Billing mandate
The Provider, principal, wishes to entrust the Company, agent, with the preparation and issue of its invoices, in compliance with the applicable economic and tax rules.
- Purpose of the billing mandate
The Service Provider expressly authorizes the Company, which accepts, to issue original invoices (initial and/or corrective) in its name and on its behalf relating to the Services provided to Visitors, in accordance with the fiscal and economic regulations in force.
Invoices issued under this billing mandate shall be issued in electronic form under the conditions set forth in V, VI and VII of Article 289 of the French General Tax Code.
- Duration of the billing mandate
This Billing Mandate, which takes effect upon acceptance of the TOS, is concluded for an indefinite period.
It may be terminated at any time by the Provider and the Company and without any particular reason, by registered letter with acknowledgement of receipt. The revocation shall take effect upon receipt of such registered letter on the date indicated therein.
- Obligations of the Company
The Company shall issue invoices for the Services of the Service Provider in accordance with the information provided by the Service Provider, in the name and on behalf of the Service Provider. The Provider undertakes to ensure that the original invoices issued by it in the name and on behalf of the Provider are in the same form as if they had been issued by the Company itself, in particular with regard to the mandatory information required by the applicable tax and economic regulations.
The Company also undertakes to ensure that the original invoices issued by it bear the words " Invoice drawn up by B.A.I BRETAGNE ANGLETERRE IRLANDE in the name of and on behalf of [identification of the Provider] ".
The Provider will have access, via his account on the Website, to a summary of the number of Services invoiced and the corresponding invoices issued by the Company, as well as the total amount of the corresponding sums. A report will also be sent to the Provider in case of termination of the contract for any reason whatsoever between the Provider and the Company.
- Obligations of the Provider
The Service Provider shall remain fully responsible for its legal and tax obligations with respect to invoicing under the original invoices issued in its name and on its behalf by the Company hereunder, including its VAT obligations.
In the performance of its intermediation services, the Company shall not be liable for any failure by the Provider to comply with its tax obligations, it being specified that the Company shall not be liable for the joint and several payment of VAT and any penalties or fines due by the Provider.
In particular, the Service Provider retains full responsibility, where applicable, for the information relating to its status as a beneficiary of the VAT exemption.
In this context, he expressly undertakes to :
- declare to the tax authorities, at the time of its eligibility, the VAT collected, if any, in respect of the Services performed;
- pay to the Treasury the VAT mentioned, if any, on the invoices issued by the Company hereunder;
- keep the duplicate of the invoice as it will have been established by the Company;
- immediately claim the duplicate invoice if it has not been made available by the Company;
- notify the Company in writing without delay of any change to be made (i) to the VAT system applicable to it, (ii) to the compulsory information on invoices (e.g. change of address, corporate form, etc.);
- to inform the tax authorities that the Company has been mandated to issue invoices and of its obligations in terms of invoicing, particularly with regard to the content of the invoice and its consequences with respect to VAT.
Invoices issued hereunder shall not require formal authentication by the Provider. The Provider shall have a period of fifteen (15) days from the date of issue to dispute the content of the invoice issued in its name and on its behalf by the Company. In the absence of a dispute within this period, the Provider shall be deemed to have accepted the invoice issued in its name and on its behalf.
For each Order, the Company shall receive from the Service Provider a commission (the " Commission ") equal to : 15%.
The Commission will be automatically deducted from the price paid by the Visitor to the Service Provider, including all taxes.
- Offer of services as a team or organization
If the Provider is working with a co-Provider or another Provider as part of a team, company or other organization, the entity and each individual involved in providing the Services shall be responsible as Providers. If the Provider accepts terms or contracts, the Provider represents and warrants that it is authorized to contract for its team, company or other organization and that each entity it uses is in good standing under the laws of its location. If the Provider is performing any other functions, the Provider represents and warrants that it is authorized to perform such functions. If the Provider requests the Company to transfer any portion of the payment to a co-Provider or other Providers, or to send payments to a third party, the Provider must be authorized to do so. The Provider is responsible for the amounts of payments and the accuracy of the information it provides.
- Data access
Providers have access to personal and other data in their Provider account, which are provided by the Provider, its Visitors or generated by the use of the Service, and are necessary to provide their Services.
In this respect, the Providers undertake to comply with the obligations set out in Article 11.2 of the GCU.
The Provider endeavors to give as much detail as possible about the Services. The photographs on the Website are non-contractual however the Provider makes every effort to make them as accurate as possible.
The Company's liability shall not exceed, for any reason whatsoever and whatever the legal basis invoked or retained, all damages combined and cumulated, the amount exclusive of tax (excluding VAT) of the Commissions received during the last twelve (12) months preceding the occurrence of the damage.
- Duration - Suspension - Termination
Access to the Service is granted as of the validation by the Company of the Provider's registration on the Site, for an indefinite period.
The Service Provider may terminate the subscription at any time by unsubscribing directly on the Site.
- Restriction, Suspension and Termination by the Company in the Event of Default by the Provider
The Company may restrict, suspend or terminate the entire provision of the Service in the event of the Service Provider's failure to meet its obligations, in particular in the event of:
- breach of the Terms and Conditions by the Provider;
- attempt to bypass the Site for billing, payment fraud, attempted fraud or any other criminal offense;
- evaluation of the Provider lower than 3 / 5 after having made at least 5 sales of Services via the Service since the creation of its account.
In the event of suspension or restriction of the provision of the Service, the Company shall provide the Provider with a statement of the reasons for such decision on a durable medium before or at the time the restriction or suspension takes effect.
In the event of termination of the entire provision of the Service, the Company shall provide the Provider with a statement of reasons for such decision on a durable medium at least 30 days before the termination takes effect. However, the Company is not obliged to observe this notice period and may send the statement of reasons with undue delay if it :
- is subject to a legal or regulatory obligation to terminate the provision of the entire Service in a manner that does not allow it to meet this notice period; or
- exercises a right of termination for a mandatory reason provided for by national law in accordance with European Union law;
- can prove that the Provider has repeatedly violated the Provider TOU.
The Company is also not required to provide a statement of reasons when it is subject to a legal or regulatory obligation not to provide the specific facts or circumstances or reference to the applicable reasons or when it can provide evidence that the Provider has repeatedly violated the Provider TOU.
- Modification of the General Conditions
The Company will notify the Service Providers, by e-mail, of any proposed changes to the Terms and Conditions (the " Notice "), with 15 calendar days' notice (the " Notice "). The Company may provide more notice where such notice is necessary to allow Providers to make technical or business adjustments to comply with the changes.
The Provider shall have the right to terminate the contract with the Company prior to the expiration of the Notice. Such termination shall be effective within fifteen (15) days after receipt of the Notice.
The Provider may, by written declaration or clear affirmative action, waive the Notice at any time after receipt of the Notice.
During the Notice Period, the offering of new Services on the Site shall be deemed a clear affirmative act of waiver of the Notice Period, except in cases where the Notice Period is longer than fifteen (15) days due to changes in the Terms and Conditions that require Provider to make significant technical changes to the Services. In such cases, waiver of notice shall not be deemed automatic when Provider offers new Services via the Site.
The Notice shall not apply where the Company:
- is subject to a legal or regulatory obligation to change the Service Provider TOU in a manner that does not allow it to comply with the Notice;
- must exceptionally change the Service Provider TOU to address an unforeseen and imminent danger in order to protect the Service, Visitors or Service Providers from fraud, malware, spam, data breaches or other cybersecurity risks.
III. GENERAL CONDITIONS OF SALE
These General Terms and Conditions of Sale (the " GTCS ") govern the relationship between the Provider and the Visitor and describe the terms and conditions of the remote sale of Services between the Provider and the Visitor. They express the entirety of the obligations and rights of the parties. The Visitor has the option to print them.
The Visitor declares that he/she has read and accepted these GTC before placing his/her Order.
The validation of the Order therefore implies acceptance of the GTC. These Terms and Conditions are regularly updated. The applicable Terms and Conditions are those in effect on the Site at the time the Order is placed.
- Conclusion of the sales contract between the Visitor and the Service Provider
- Description of the Services
Each Service is described in detail on the Site.
By placing an Order, the Visitor acknowledges that he/she has consulted and read in detail all the information described in the description of the Activity. The Visitor acknowledges that he/she is aware of the potential access conditions required and that he/she has no contraindication to the practice of the said activity.
Depending on the nature of the Service, the Provider may ask the Visitor to sign a liability waiver or to deposit a deposit check.
The Visitor agrees to mention, via the Site's internal messaging system, precisely and prior to placing the Order, any information that could jeopardize his or her participation in the Service (such as an allergy, a problem with motor skills, etc.).
- Availability of Services
The availability of a Service is specified at the time of the Order placed by the Visitor. This information is given as an indication. The Service Provider does not guarantee in any way this information, as availability may not have been updated in real time. In such a situation, the Provider will contact the Visitor within forty-eight (48) hours in order to propose a new appointment slot.
To be able to place an Order on the Site, the Visitor must have filled in his billing information.
When the Visitor orders a Service on the Site, the appointment is made on the Site itself, via a reservation module.
The Visitor selects the Service(s) he wishes to reserve and can access the summary of his Order at any time.
The Visitor may check and modify his Order at any time before its confirmation.
After confirming the content of the Order and accepting his obligation to pay for the Order, the Visitor shall definitively validate his Order by his actual payment. The Order shall only be valid and taken into account once the Order has been accepted by the Provider and the price of the Service has been paid.
- Acceptance of the Order by the Provider
The Visitor shall be informed of the acceptance of the Order by the Provider by sending an Order confirmation e-mail. The Provider shall have forty-eight (48) business hours to accept the Order. The Company shall then notify the Visitor by e-mail of the Provider's acceptance or lack thereof.
Upon confirmation by the Provider, the Visitor is debited by the Company for the amount of the Services ordered.
If the Service Provider fails to respond within forty-eight (48) business hours, the Visitor shall not be debited for the amount of the Order, which shall then be automatically cancelled.
In case of acceptance, the Provider will then contact the Visitor to indicate the necessary preliminary details and recommendations for the Service.
- Modification of a Service
After confirmation of an Order, the Visitor may request a modification (e.g., the postponement of the scheduled date of a Service) by contacting the Company's Customer Service via the internal messaging system or by email at the address indicated in article 5.6 of the GCU.
The Provider is under no obligation to accept any change request.
In case of acceptance, a new Order confirmation will be sent to the Visitor.
In case of refusal, the Visitor will have the possibility to implement the cancellation process described below.
- Cancellation of a Service by the Visitor
The terms and conditions of cancellation by the Visitor and the resulting fees are mentioned for each Event in the description of the Event on the Site.
By default, the Services are refunded at 100% if the cancellation occurs 48 hours before the day of the Service.
The full amount is due if the cancellation occurs within 48 hours prior to the day of the Service.
If a total or partial refund of the amount of the Order is applicable, the payment of the corresponding amount shall be made to the Visitor's payment method entered at the time of the Order, as soon as possible.
The non-appearance of the Visitor on the day scheduled for the realization of the Event is treated as a last minute cancellation by the Visitor and will not give rise to a refund.
- Cancellation of the Order by the Provider
The Service Provider endeavors to honor confirmed reservations. However, the Provider may cancel a Service in case of :
- Hazardous weather conditions;
- Force majeure event (changes in government travel requirements, emergency and epidemic situations, government travel restrictions, military operations and other conflicts, natural disasters);
- Minimum number of participants not reached ;
- Lack of eligibility of the Visitor to perform the Event (he/she does not meet the conditions mentioned in the description of the Event, such as age, level, physical requirements, etc.);
- Any other reason specified in the description of the Service.
If necessary, the Provider will inform the Visitor as soon as possible and may offer to reschedule the date chosen to perform the Event.
If the Visitor accepts, a new Order confirmation will be sent to the Visitor.
In case of refusal, the Visitor may claim a full refund of the price of the Service, excluding any compensation if the information is included in the specific cancellation conditions proposed by the Partner. Where applicable, the corresponding amount will be reimbursed to the Visitor's means of payment entered at the time of the Order, as soon as possible.
- Problems related to the Benefit and reimbursement
The Visitor may obtain a full refund of the Service in the following cases:
- The Provider does not organize the booked experience or arrives more than sixty (60) minutes after the indicated start time, which forces the Visitor to give up the experience;
- The Provider makes significant changes to the Service after the Order;
- The Service presents a safety or health risk that could reasonably compromise the Visitor's participation.
- Price and payment of the Order
The applicable prices are those in effect at the time of the Order.
The Provider may change the prices listed on the Site at any time, with effect for the future only.
Prices are expressed in euros and include all taxes, except for any other taxes applicable locally. These are added before the validation of the Order.
The final amount that the Visitor will have to pay is indicated in the summary of the Order, before the validation and payment of the latter.
The full payment must be made on the day of the Order by the Visitor. All payments must be made via the Site, in accordance with the GCU.
- No right of withdrawal
It is reminded that the right of withdrawal provided for in Article L.221-18 of the Consumer Code in the case of distance selling does not apply to contracts for the sale of travel and stays, the provision of accommodation other than residential and catering and leisure activities that must be provided on a date or at a time determined, under Articles L.221-2, 5 ° and L.221-28, 12 ° of the same code.
- Customer Service
For any request for information or clarification or for any claim relating to a Service already provided, the Visitor must contact the Provider as soon as possible and as a priority in order to inform him of the claim and, if necessary, to try to find an amicable solution with him.
Once the Service has been provided, the Visitor has a period of fifteen (15) days to notify any complaint to the Company's Customer Service at the address indicated in article 5.6 of the GCU.
The Service Provider is responsible for the proper performance of the Service in accordance with the elements mentioned in the description of the Service and in accordance with the laws in force to perform this Service.
The Provider certifies that he/she holds all insurance, diplomas and other authorizations allowing him/her to provide the reserved Service, for which the Visitor will be solely responsible for ensuring their effectiveness.
As part of his or her participation in the Services, each User declares and guarantees that he or she holds valid civil liability insurance.
The Visitor is reminded that the provision of Services in good safety conditions does not exempt him from observing the basic rules of caution for sports activities, particularly those known as "risky". The Visitor is strongly advised to take out civil liability insurance for certain risky activities. The Visitor accepts the risks accordingly.
- Retention of the contract
The Company keeps and archives for 10 years the reservation contracts with a value of 120 euros or more, and guarantees access to them at any time to the Visitors.
The Visitor may exercise his right of access by contacting Customer Service at the address indicated in Article 4 of the GTC.
- Partial nullity
If one or more provisions of these GTC are held to be invalid or declared as such in application of a law, a regulation or a final decision of a competent court, the other provisions will keep all their force and all their range.
- Applicable law and disputes
- Applicable law
The present GTC, in French language, are subject to French law.
- Amicable resolution
Any dispute arising between the Visitor and the Provider shall be dealt with primarily between them, the Provider remaining solely responsible for the execution of the Order.
The Visitor can contact the Provider through a messaging tool located on the Site.
A response will be provided by the Provider as soon as possible depending on the nature of the claim and within a maximum of forty-eight (48) working hours.
The Company is not involved in the sale concluded between a Visitor and a Provider and is therefore not required to intervene in any disputes that may arise between them.
Nevertheless, in order to best satisfy Visitors in the event that no solution has been provided to the Visitor, the Provider expressly mandates the Company to intervene to ensure the resolution of the dispute. In this case, the Company's Customer Service will contact the Visitor directly.