TERMS AND CONDITIONS OF THE NOHÔ PLATFORM
The GUESTRAVELER connection service (hereinafter “the SERVICE”) is provided on the NOHÔ platform (hereinafter “NOHÔ” or “the PLATFORM”) by GUESTRAVELER, a single-shareholder company with a capital of 11,500 euros, registered on the Caen Trade and Company Register under the number 821 903 374, with a head office located at 73 rue Marie Curie – 14200 Hérouville-Saint-Clair and an Intracommunity VAT Number of FR 10 821 903 374).
PRELIMINARY ARTICLE: DEFINITIONS
When used in upper case, the terms hereinafter, in singular or plural form, shall have the following definition:
ADVERT: describes a SHARE offer sent by a Host and its features (location, date, content, specifics).
ACCESS CODES: describes the username and password of a MEMBER that he or she commits to keeping confidential that allow him or her to access his or her ACCOUNT.
COMMENTS: describes the observations posted by a MEMBER about their SHARE experience. COMMENTS posted are the responsibility of the person making them. However, GUESTRAVELER may in retrospect delete a COMMENT that does not comply with the applicable legislation and/or regulations in force as soon as it is aware of it.
ACCOUNT: describes the SERVICE interface, hosted on the PLATOFRM, in which all the DATA provided by a MEMBER are included.
PAYMENT: Amount of twenty-five (25) euros, deducted from the FEES paid to STRIPE by a NOMAD for a SHARE, paid to the HOST by STRIPE.
DATA: describes the personal data of a USER and/or a MEMBER within the meaning of Article 4 of the GDPR, i.e. “any information relating to a natural person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more factors specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity.” For the MEMBER, it will be, in particular, his or her first name, his or her surname, his or her postal and electronic addresses, his or her photograph, his or her date of birth, his or her telephone number, as well as all other elements entrusted to the PLATFORM (in particular his or her bank details for the HOST).
CONNECTION FEES: Amount of five (5) euros, deducted from the FEES paid to STRIPE by a NOMAD for a SHARE, paid to GUESTRAVELER by STRIPE.
HOST: describes a MEMBER subscribing to the SERVICE not acting in the context of any commercial activity and offering a SHARE to one or several NOMAD(S).
MEMBER: describes any USER aged 18 or over who registers on the PLATFORM in order to benefit from the SERVICE implemented by GUESTRAVELER.
The MEMBERS only act among themselves as private individuals or non-professionals within the meaning of the introductory article of the French Consumer Code, which defines them as “any legal person who does not act for professional purposes”. The provisions relating to USERS also apply to the MEMBERS but the reverse is not true.
NOMAD: describes a MEMBER subscribing to the SERVICE not acting in the context of any commercial activity and wanting to subscribe to a SHARE provided by a HOST.
SHARE: describes a service provided by a HOST, the purpose of which is to share his or her experience or one of his or her personal, professional or associative activities, with the aim of discovering a place, professional expertise, an activity or a passion (non-exhaustive list).
FEES: The SHARE price (including taxes and expenses), which the NOMAD pays to STRIPE, i.e. thirty euros (€30) per SHARE and per NOMAD, of which twenty-five euros (€25) is paid to the HOST as a PAYMENT and five euros (€5), corresponding to the CONNECTION FEES, is paid to GUESTRAVELER directly by STRIPE.
PLATFORM: describes the platform accessible to all USERS via the eponymous smartphone application available on Apple Store and Google Play (hereinafter the “APPLICATION“), as well as via the website accessible at www.noho.world (hereinafter the “WEBSITE“). It is also called NOHÔ.
HEADING: describes each category, each type of SHARE offered on the PLATFORM, such as: Art & Culture, Food & Drink, Sport and Wellbeing
SERVICE: describes the connection service for which the MEMBERS previously registered on the PLATFORM by creating their ACCOUNT in order to offer or benefit from SHARES.
STRIPE: describes the secure online payment platform STRIPE, the terms and conditions of which are available at Stripe Services Agreement – France and to which NOMADS pay their FEES which will be split by this platform between the HOST and GUESTRAVELER without the involvement of GUESTRAVELER.
USER: describes any individual who accesses and browses the PLATFORM.
ARTICLE 1: SCOPE OF THE T&Cs
These terms and conditions (hereinafter referred to as the “T&Cs”) govern the legal relationship between GUESTRAVELER and the USERS and/or MEMBERS of the PLATFORM as well as between the NOMADS and the HOSTS (and the MEMBERS) during the entire period in which the PLATFORM and the SERVICE are made available. The use of the PLATFORM and/or SERVICE is subject to fully and unconditionally accepting the T&Cs. USERS and/or MEMBERS who do not accept the provisions of the T&Cs (in whole or in part) are not allowed to use the PLATFORM and/or the SERVICE.
GUESTRAVELER may modify the T&Cs at any time and at its sole discretion, in particular in order to adapt to its technical environment and to comply with the development of regulations in force. In this case, GUESTRAVELER shall inform USERS in advance by publishing the modified T&Cs on the PLATFORM and/or using another means of communication (such as, for example, an e-mail sent to MEMBERS), mentioning the date of the update of the T&Cs.
Continued use of the PLATFORM and the SERVICE after the publication of the amended T&Cs implies full acceptance of the new T&Cs by the USERS.
USERS who do not accept the amended T&Cs will no longer be allowed to use the PLATFORM and, if applicable, the SERVICE.
ARTICLE 2: OVERVIEW OF THE SERVICE
NOHÔ aims to put in contact, across the territory of the European Union, a HOST proposing a SHARE with one or several NOMAD(S) seeking to benefit from it.
Sharing, as well as respect for others and kindness, are fundamental values of the SERVICE for GUESTRAVELER.
As such, GUESTRAVELER offers, on its PLATFORM, a SERVICE allowing its MEMBERS to offer or benefit from a SHARE upon prior reservation.
Thus, each registered HOST who wishes to do so can offer a SHARE that he/she lists under one of the PLATFORM’s HEADINGS and which is visible to all USERS. The USERS’ attention is drawn to the non-commercial and non-professional purpose for the HOSTS of SHARES offered on the PLATFORM.
For each SHARE offered, an ADVERT with the following information is made available by HOSTS: location, date, proposed activity, fee amount requested.
USERS who wish to benefit from a SHARE must first register as MEMBERS.
The HEADINGS and the geolocation of the SHARES offered allow a NOMAD to choose the SHARE he or she wishes to benefit from at the time that suits him or her and in the place where he or she is or where he or she wishes to go.
The NOMAD can, in fact, view all the available SHARES on an interactive map. Once he or she has selected a SHARE and, where applicable, a time slot (when several times are offered by the HOST), his or her SHARE request is sent to the HOST who may then confirm his or her acceptance except in the event of force majeure or the impossibility of providing the SHARE at the requested time, in which case the HOST will propose an alternative time.
Upon confirmation of agreement by the HOST, by SMS and/or email, the NOMAD is invited to pay the FEES online.
Once the FEES have been paid to STRIPE, the NOMAD can converse with the HOST via an internal messaging service available on the PLATFORM and further specify the details of the SHARE selected (in particular the meeting place, the precise time, the number of people (limited to 6 per SHARE).
The HOST receives from STRIPE the PAYMENT due to him or her by bank transfer within forty-eight (48) hours of the end of the SHARE as confirmed by him or her and the NOMAD.
At the end of the SHARE, the NOMAD is invited to leave a rating and a comment about the HOST on the PLATFORM, via the APPLICATION or the WEBSITE, it being specified that the latter will be accessible to USERS.
ARTICLE 3: TERMS AND CONDITIONS FOR ACCESS TO THE PLATFORM
Any USER who complies with these T&Cs may access the PLATFORM.
USERS are encouraged to inform GUESTRAVELER of their experiences and suggestions in relation to their use of the PLATFORM and, more generally, the APPLICATION and the WEBSITE, with a view to constant improvement, by e-mail to email@example.com
If a USER wishes to offer a SHARE or benefit from a SHARE, he or she must access the SERVICE.
ARTICLE 4: TERMS AND CONDITIONS FOR ACCESS TO THE SERVICE
4.1 Eligibility requirements
The SERVICE is only open to adults over the age of 18. Any access or use of the SERVICE by an individual under 18 is prohibited. By accessing or using the SERVICE, the MEMBER guarantees he or she is at least 18 years old.
Under penalty of exclusion of the MEMBERS concerned, the exclusive purpose of the SERVICE is to offer SHARES that are strictly in accordance with the values of the PLATFORM, moral standards and public order. As such, any proselytizing activity is strictly prohibited.
4.2 Terms of access for all MEMBERS
Access to the SERVICE requires the prior creation of a MEMBER ACCOUNT by the USERS.
MEMBERS can only have one active ACCOUNT.
Creating a MEMBER ACCOUNT allows MEMBERS to interact with each other from their ACCOUNT.
A USER who wants to become a MEMBER creates his/her ACCOUNT by filling in a form available on the PLATFORM and by filling in the required DATA and personal information that is accurate, complete, true and up to date. He/she guarantees the adequacy and accuracy of his/her DATA and shall be solely responsible to GUESTRAVELER, the MEMBERS and third parties for any errors, omissions or negligence in this regard.
When creating an ACCOUNT, the USER also creates ACCESS CODES.
The ACCESS CODES are strictly private and for personal use. It is the MEMBER’s responsibility to take the appropriate measures in order to avoid a third party being able to gain knowledge of these codes. Therefore, the MEMBER commits to not communicating them to anyone in any way. MEMBERS are solely responsible for keeping them and using them and shall be liable for the acts and actions of any person using their ACCCOUNT, even without their knowledge. In addition, MEMBERS commit to modifying their ACCESS CODES straight away as soon as they believe their privacy has been compromised or that an unauthorized person has had, or is likely to have, access to their ACCESS CODES. The MEMBER undertakes to immediately inform GUESTRAVELER which will suspend all access to the SERVICE before the MEMBER creates new ACCESS CODES.
In addition, GUESTRAVELER reserves the right to request that MEMBERS modify all or part of their confidential codes, notably for regulatory, technical or security reasons, without MEMBERS being able to oppose this in any capacity or in any manner whatsoever.
In the event of the provision of erroneous, incomplete, misleading or obsolete DATA, as well as when the ACCOUNT has remained inactive for one (1) year, GUESTRAVELER may decide to suspend or cancel the MEMBER’s ACCOUNT with immediate effect in accordance with article 10 of these T&Cs. When the ACCOUNT has remained inactive for three (3) years, the ACCOUNT will be automatically deleted in the event of non-response from the MEMBER to the request that GUESTRAVELER will send to him or her, before the end of this period of three (3) years, to know if he or she wishes to keep his or her ACCOUNT.
4.3 Specific terms applicable to HOSTS
GUESTRAVELER will make available on the PLATFORM and visible to USERS only the following DATA about the HOST:
– First name
– Initials of LAST NAME
– Description of the SHARE offered that the HOST will have imputed in his or her ADVERT.
In this regard, when a HOST wishes to offer a SHARE, he or she must enter into his or her ACCOUNT the following information concerning the proposed SHARE:
– The SHARE title
– The photo relating to the SHARE
– The SHARE address
– The description of the SHARE
– The advice relating to the SHARE
– If the SHARE is accessible to children (accompanied by an adult)
– If the share is accessible to people with reduced mobility
– The SHARE duration
– The maximum number of NOMADS accepted including children if applicable
– If the HOST is a qualified sports instructor for the SHARES that require it
– The language(s) spoken by the HOST
ARTICLE 5: TERMS AND CONDITIONS OF BOOKING A SHARE
5.1 Posting of a SHARE ADVERT by a HOST
The SHARE ADVERTS are posted online by the HOSTS themselves and under their sole responsibility.
The SHARE ADVERTS presented online are valid, in the absence of any indication of a particular duration, for as long as they appear on the PLATFORM.
Any MEMBER is allowed to post a SHARE, subject to strict compliance with the T&Cs. He or she chooses the title of his/her ADVERT and the HEADING under which he/she wants it to be published.
GUESTRAVELER shall not classify or rank the ADVERTS and there shall be no capitalistic relationship or remuneration of any kind between GUESTRAVELER and the MEMBERS using the SERVICE that could influence the listing or ranking of the ADVERTS on the SERVICE/PLATFORM.
GUESTRAVELER reserves the right to delete an ADVERT or to block an ACCOUNT in the event of use of the SERVICE that does not comply with the T&Cs.
5.2 Booking of a SHARE by a NOMAD
The NOMAD consults the SHARES available on the PLATFORM and selects one. Once the SHARE has been selected, the NOMAD chooses a date and time slot from those offered by the HOST on the PLATFORM. The HOST is informed by SMS, notification and e-mail that a NOMAD wishes to book his/her SHARE. The NOMAD is informed by notification and email of the request made to the HOST.
Before confirming his or her booking, the NOMAD has the option of confirming the details of his or her booking, going back to the previous pages to correct possible errors or modifying his or her booking.
The HOST has the right to confirm or refuse this time slot. If the two MEMBERS cannot agree on the time slot, then the SHARE booking will be cancelled.
When the HOST accepts the request, the NOMAD is also informed by notification and e-mail.
Upon acceptance of the payment, the NOMAD will receive a confirmation email with the invoice for the CONNECTION FEES and the invitation for his or her calendar. Then the NOMAD is put in contact with the HOST by means of an internal messaging system made available on the SERVICE by the GUESTRAVELER company.
The HOST will receive a notification and an email informing him/her of the settling of the PAYMENTS relating to his/her SHARE by the NOMAD. It will be paid by bank transfer within 48 hours of the end of the SHARE.
No right of withdrawal:
The PLATFORM allows you to contact a HOST with a view to subscribing to a SHARE directly with the HOST. The SERVICE is therefore intended to be immediate in most cases thanks to the geolocation and the characteristics of the ADVERTS generally offered for a SHARE at short notice. In addition, these are leisure activities.
Due to this and in accordance with article L221-28-1°of the French Consumer Code, USERS are informed of the fact that the right to withdrawal cannot be exercised, which the USERS both formally accept and expressly renounce by using the SERVICE.
Cancellation and refunds:
If a NOMAD wishes to cancel a confirmed booking, he/she still owes:
1) the full FEES if the cancellation occurs less than twenty-four (24) hours before the start of the SHARE. The same applies if he/she does not turn up to the SHARE at the time and place indicated
2) only the CONNECTION FEES if the cancellation occurs more than twenty-four (24) hours before the start of the SHARE
If a HOST cancels a confirmed booking or fails to turn up for the SHARE, the NOMAD will be refunded the full amount of the FEES charged.
5.3 Participation of the NOMAD in a SHARE
The HOST is solely responsible for the carrying out of any confirmed booking and the provision of the SHARE booked via the SERVICE on the PLATFORM.
The NOMAD must arrive at the place and time agreed with the HOST. Prior to the SHARE, the HOST may ask the NOMAD to present an identity document.
Furthermore, each of the MEMBERS must respect the obligations which are incumbent upon them.
5.4 COMMENTS– Feedback on SHARES
Both HOSTS and NOMADS can provide feedback to GUESTRAVELER on their SHARES. In addition, they may leave COMMENTS relating to the SHARES on the SERVICE and on the PLATFORM.
GUESTRAVELER can be reached by e-mail through firstname.lastname@example.org
ARTICLE 6: FINANCIAL CONDITIONS OF A SHARE
6.1 Amount due per SHARE
Each SHARE gives rise to the payment by the NOMAD of FEES of a fixed amount, namely thirty (30) euros. This amount is distributed as follows: twenty-five (25) euros for the HOST and five (5) euros for GUESTRAVELER for the CONNECTION FEES.
The above-mentioned amounts are inclusive of tax, i.e., they include any related tax or social security taxes.
6.2 SHARE payment terms
The following payment methods are accepted: VISA, AMEX, MASTERCARD
GUESTRAVELER uses the STRIPE payment software platform equipped with a secure online payment system. The FEE-paying process by the NOMAD and the distribution of the HOST PAYMENTS and CONNECTION FEES is carried out by Stripe and its financial partners without the involvement of GUESTRAVELER.
By accepting these T&Cs and by using the STRIPE payment services for financial transactions relating to FEES, HOST PAYMENTS and CONNECTION FEES, MEMBERS acknowledge that they are bound by the general terms and conditions as regards use and payment of the STRIPE system, which can be accessed at the following address: Stripe Services Agreement – France
ARTICLE 7: INFORMATION ON TAX OBLIGATIONS AND RULES
The fiscal regulations may require, as for example in France, the communication of clear and transparent fair information on the fiscal and social obligations which may be incumbent on individuals who carry out commercial transactions via the intermediary of online platforms. The information relating to fiscal regimes and applicable social regulation on the amounts received, on reporting and payment obligations which result as regards the fiscal administration and social contribution collection agencies, as well as on penalties incurred in the event of a breach of these obligations, may be consulted for French law via the following links:
– at www.impots.gouv.fr, concerning fiscal obligations, link below: https://www.impots.gouv.fr/portail/node/10841
– at www.urssaf.fr, concerning social obligations, link below: https://www.urssaf.fr/portail/home/espaces-dedies/activites-relevant-de-leconomie.html
The HOSTS, whether they are residents or based in France or in other countries, expressly accept and commit to checking the fiscal and social obligations which are applicable to them before offering a SHARE, as well as the possible taxes that they may need to include in their PAYMENTS for tax collection purposes, and commit to conforming to them.
More generally, GUESTRAVELER shall not be responsible for any tax returns that are applicable to the HOSTS, nor for any taxes that are applicable to the HOSTS, nor shall GUESTRAVELER be responsible for the remittance to the relevant authority of any taxes included or collected by the HOSTS. GUESTRAVELER is not authorized to provide tax or social consultancy services to its USERS and MEMBERS.
GUESTRAVELER draws the attention of USERS and more particularly of MEMBERS to the provisions of article 242 A of the French General Tax Code. This article requires, each year in January, that online platforms send, by electronic means, to the parties in exchange that have received funds (in this case by the HOSTS), a summary document indicating the total number of transactions carried out during a calendar year of which the PLATFORM is aware and the total gross amounts of the transactions carried out through the SERVICE. This article also requires that this summary document be sent to the French tax authorities.
The USER and more particularly the MEMBER is informed that, in order to meet this obligation, the PLATFORM must collect and communicate the following information:
a) The identification details of the PLATFORM operator concerned;
b) The identification details of the USER and, in particular, of the MEMBER;
c) The status of private individual or professional indicated by the MEMBER on the PLATFORM;
d) The number and the total gross amount of transactions carried out (PAYMENTS received) by the MEMBER during the previous calendar year;
e) If known to the PLATFORM, the details of the bank account to which the income is paid
These obligations apply both to MEMBERS residing in France and to those who carry out SHARES in France.
ARTICLE 8: RESPECTIVE OBLIGATIONS OF USERS, MEMBERS AND GUESTRAVELER
8.1 Obligations for all USERS
When using the PLATFORM, each USER undertakes not to undermine public order, to comply with the laws and regulations in force, to respect the rights of third parties and the provisions of the T&Cs.
USERS shall indemnify GUESTRAVELER against all claims in respect of the aforementioned provisions.
8.2 Obligations for all MEMBERS
In addition to the obligations incumbent on all USERS, the MEMBERS commit themselves to:
-Update teir ACCOUNT as often as necessary.
-Be honest and truthful in the information provided to GUESTRAVELER and, where applicable, to other MEMBERS and USERS (in particular as regards the activities offered as part of a SHARE or as regards the comments left by NOMADS following a SHARE).
-Guarantee the respect of the norms in force, the rights of third parties and the rights of GUESTRAVELER and assume responsibility for the editing of all content, whether editorial or graphic, that they make available or that they distribute on the PLATFORM.
-Deal with the obtaining of rights and authorizations and the payment of remunerations and royalties due, if necessary, to the holders of rights on the works incorporated in the ADVERTS or on the messages posted by the MEMBERS on the PLATFORM and the SERVICE.
-Use the PLATFORM, the SERVICE and their ACCOUNT in accordance with the purpose described in these T&Cs and not divert the purpose of the PLATFORM, the SERVICE and the ACCOUNT to commit crimes, misdemeanors or contraventions punishable by the French Penal Code or any other law.
-Participate in a SHARE by applying behavioral standards based, on the one hand, on moral values such as respect for others, courtesy, good faith, kindness, loyalty and, on the other hand, on absolute safety objectives.
-Behave fairly and with due diligence towards GUESTRAVELER, USERS, other MEMBERS and third parties.
-Respect the privacy of third parties, of MEMBERS as well as the confidentiality of exchanges between and with MEMBERS.
-Refrain from disseminating defamatory, insulting or slanderous information, offensive to human dignity and, more generally, not to post content contrary to the laws, regulations in force or moral standards.
-Not attempt to divert USERS or other MEMBERS to another site or competing service.
-Not seek to interfere with automated data processing systems implemented to place the PLATFORM and the SERVICE online, in accordance with the meaning within articles 323-1 et seq. of the French Penal Code.
-USE THE SERVICE EXCLUSIVELY FOR NON-PROFESSIONAL AND NON-COMMERCIAL PURPOSES.
MEMBERS shall indemnify GUESTRAVELER against all claims in respect of the aforementioned provisions.
8.3 Obligations specific to HOSTS
In addition to the above obligations, HOSTS who offer a SHARE undertake to fulfil the following conditions:
-Clearly identify themselves and provide accurate and up-to-date information on the PLATFORM,
-Certify that they are not acting in a professional capacity, even if the proposed SHARE is part of a professional skill or trade,
In this respect, HOSTS are reminded that they are liable to penalties under Article L132-2 of the French Consumer Code if they act in a professional capacity when they have presented themselves as a consumer or non professional,
-Be covered by a valid civil liability insurance policy covering damage to third parties and hold the necessary licenses for the use of motorized or non-motorized machines and specific equipment,
-Ensure that all necessary safety rules are followed so as not to endanger the NOMAD(S) who will accompany him/her in his/her SHARE.
– Provide proof of a license from their Federation or equivalent document at the time the SHARE is put online for those who claim qualities and/or skills relating to regulated activities (for example: sports educator, guide, instructor, etc.),
– Update their ADVERTS in a timely manner on the PLATFORM
8.4 Obligations specific to NOMADS
In addition to the above obligations, each NOMAD wishing to participate in a SHARE:
-agrees to provide proof of identity to the HOST at the time of the SHARE if requested by the HOST.
-must declare and commit, both for themselves and those accompanying them, to being formally covered by their own liability insurance company for any damage whatever the nature, during a SHARE. By choosing to use the PLATFORM and the SERVICE, as a NOMAD, the NOMAD agrees to assume the possible risks associated with a SHARE. If the NOMAD is not covered by his/her insurance company for the SHARE contracted, GUESTRAVELER encourages him/her, prior to any booking of a SHARE, to take out an insurance policy guaranteeing him/her against any physical or material damage.
8.5 Obligations of the GUESTRAVELER company
In addition to its other obligations, GUESTRAVELER undertakes to correct any errors relating to the PLATFORM and/or the SERVICE which may be reported to it by e-mail to email@example.com.
Likewise, subject to the legal and regulatory obligations incumbent upon it, in particular in order to respond to any administrative or legal request, GUESTRAVELER undertakes to delete (i) the details of a MEMBER identified on the SERVICE or the PLATFORM or (ii) an ACCOUNT upon a simple request from the MEMBER following the sending of an e-mail to the address confidentialité@guestraveler.com as soon as no SHARE activity concerning the MEMBER is underway.
ARTICLE 9 – BANNING OF A USER, A MEMBER AND/OR REMOVAL OF AN ADVERT FOR NON-COMPLIANCE WITH THE T&Cs
GUESTRAVELER may terminate the USER’s access to and use of the PLATFORM and the SERVICE at its sole discretion at any time and without notice if the USER fails to comply with these T&Cs.
In the event of non-compliance with these T&Cs or any other illegal act, GUESTRAVELER shall be entitled to, immediately and without prior notice, remove from the PLATFORM and the SERVICE the ADVERTS and litigious content and/or to delete or suspend a MEMBER’s ACCOUNT and to take any other appropriate measure against him/her.
ARTICLE 10 – INTELLECTUAL PROPERTY RIGHTS
10.1 Intellectual Property Rights of GUESTRAVELER
GUESTRAVELER is the exclusive owner of all intellectual property rights relating to the PLATFORM and the SERVICE without prejudice to the rights of its possible licensors.
Subject to the respect of theses T&Cs, the USERS have only a simple right of use of the PLATFORM and, for the MEMBERS, of the SERVICE, to the exclusion of any property right concerning the interface as well as its contents and its presentation. GUESTRAVELER accordingly grants USERS a limited, non-exclusive, non-transferable, non-assignable and free of charge right of use allowing them to download and install a copy of the APPLICATION on 1 (one) mobile device that the USER owns or holds, as well as to execute this copy of the APPLICATION only for personal and non-commercial purposes. GUESTRAVELER reserves all rights relating to the PLATFORM which are not expressly granted to the USERS under these T&Cs.
USERS, including MEMBERS, recognize that the PLATFORM and the SERVICE are protected by copyright law, trademark law, database law and other applicable intellectual property rights. The use of the PLATFORM and the SERVICE does not give the USER (including the MEMBER) any intellectual property rights on any element of the said PLATFORM or the SERVICE, whether it be software and technical tools made available by GUESTRAVELER or protected elements appearing on the PLATFORM and the SERVICE (texts, images, brands, characters, drawings
and models, logos, databases, etc.) which remain the property of the GUESTRAVELER company.
USERS, including MEMBERS, agree not to remove, alter or obscure any copyright, trademark or other proprietary notices embedded in or accompanying the PLATFORM and/or the SERVICE.
USERS and notably MEMBERS are also forbidden from reproducing, representing, disseminating, selling, modifying or conceding all or part of any of the elements in the PLATFORM and/or SERVICE, in any way whatsoever, without the express and prior written agreement of GUESTRAVELER. Any other use may give rise to prosecution.
Nothing in these T&Cs authorizes USERS, including MEMBERS, to: (I) copy, modify or create derivative works from the PLATFORM and/or the SERVICE; (II) distribute, transfer, assign, license, lend or lease them to a third party; or (III) decompile or disassemble them.
All use of the PLATFORM and/or SERVICE which is not in accordance with these T&Cs shall automatically result in the immediate termination of this authorization and will involve a definitive ban from using the PLATFORM in whatever capacity, without prejudice to the right of GUESTRAVELER to take legal action in the event of infringement of its intellectual property rights, in particular because of the usurpation, imitation or counterfeiting in any way whatsoever of its logo and all other creative elements (characters, photographs, etc.).
10.2 Intellectual Property Rights of HOSTS
The rights on the images, photographs, illustrations, texts published by the HOSTS as well as the COMMENTS left by the MEMBERS, likely to be protected under Intellectual Property rights, are the property of their authors and are published under their responsibility. It is up to them to check that by publishing them, the MEMBERS do not infringe any third party’s intellectual property rights or any third party’s private rights (such as image rights, in particular). Insofar as they are protected or susceptible to protection under any intellectual property right or other private right (such as image rights), USERS and MEMBERS posting ADVERTS and/or COMMENTS ipso facto grant GUESTRAVELER the right to use them on the PLATFORM and the SERVICE for the entire period during which said ADVERTS and COMMENTS are online.
USERS and, in particular, MEMBERS are banned from using, displaying, copying or reusing the PLATFORM and/or SERVICE, or any individual element of the PLATFORM and/or SERVICE, the name “GUESTRAVELER” or “the GUESTRAVELER company”, the NOHÔ name or logo and its associated designs, any brand, any logo, any character, any design or any other information belonging to the GUESTRAVELER company, or the formatting and design of any page or any form contained within a page, without the prior express written authorization of the GUESTRAVELER company.
11.1 General information on the processing of personal data by GUESTRAVELER
11.2 The processing carried out
GUESTRAVELER processes the following personal data in connection with the PLATFORM and the SERVICE:
-Managing of the Messaging service between MEMBERS
-Cookie management on the PLATFORM
11.3 Collection procedures
GUESTRAVELER collects data in two ways:
-By direct input of data communicated by USERS and MEMBERS when they make contact, create an account, offer or subscribe to a SHARE, use the internal messaging system, leave COMMENTS on the PLATFORM when they access the PLATFORM on the SITE or the APPLICATION, when they browse the PLATFORM or use the SERVICE. USERS thus consent, in a free, specific, informed and unequivocal manner, to communicate said information to GUESTRAVELER;
-By USERS and MEMBERS of the SERVICE using the PLATFORM, (their IP address, the reference details of their connection to the PLATFORM, to the Service, their browsing, the name of the operating system used, the language, the GPS functionality or any other information automatically disclosed by the computer terminal or the smartphone used)
Thus, more precisely:
When the USER accesses the PLATFORM
In this respect, GUESTRAVELER does not collect or retain any personal data when accessing the PLATFORM and when browsing the WEBSITE or the APPLICATION if the user refuses to accept cookies and if the user does not contact GUESTRAVELER via the contact form.
If the USER accepts cookies, please refer to the corresponding section: https://fr.noho.world/politique-de-confidentialite
If the user fills in a contact form, the following data will be collected by GUESTRAVELER: first name, last name, email address, subject of the message, body from message. This personal data will be used to process the message, to reply to the USER and will be kept by GUESTRAVELER for a period of one year without GUESTRAVELER using it for any other purpose than keeping a secure record of the USER’s message and fulfilling its legal and regulatory obligations.
When the USER wishes to become a MEMBER and access the SERVICE, he/she is invited to provide personal data by filling in an ACCOUNT opening form which indicates which personal data are required.
GUESTRAVELER collects the following personal data from the USER who wishes to become a MEMBER: email address, first name, last name, date of birth, password (created by the USER).
The USER can choose to not submit the personal data requested, but that may limit his/her access to the service, in particular for the booking of SHARES.
When the MEMBER uses the SERVICE, he/she is invited to offer (as a HOST) or benefit from (as a NOMAD) a SHARE and as such communicate additional personal data such as:
-Useful additional data (telephone numbers, profession, qualifications, photographs representing him/her, languages spoken etc.)
-Data linked to the SHARE (details, timetable, photographs, etc.)
-Data related to the payment and allocation of FEES and PAYMENTS (his/her bank details in particular for HOSTS)
-Data related to COMMENTS
11. 4 The Purposes of the Collection
Any data collection by the GUESTRAVELER company is done for a specific and legitimate end. Depending on the case, it may be to:
-make the USER’s browsing on the WEBSITE or APPLICATION easier,
-enable the USER to use and browse the PLATFORM in an optimal manner
-sign the USER up to a newsletter on the services offered by the GUESTRAVELER company,
– allow the USER to open an ACCOUNT to become a MEMBER
-to allow a NOMAD to access the payment service and a HOST to benefit from the PAYMENTS via STRIPE (it being specified that the data linked to the payment is not kept by GUESTRAVELER rather by STRIPE)
– allow a MEMBER to benefit from the SERVICE offered by NOHÔ,
– to allow MEMBERS to communicate with each other, to allow a MEMBER to converse with other MEMBERS, in the context of a SHARE via the messaging service,
– in order to operate, protect and improve the SERVICE,
– in order to analyze and publish the COMMENTS afterwards,
– in order to enable GUESTRAVELER to comply with its legal obligations, to resolve disputes and to ensure that the commitments of each party are respected, and to respond to requests from USERS and MEMBERS.
– if required, to conform with the applicable law or any other legal obligation,
The personal data collected on the PLATFORM and within the framework of the SERVICE shall, as a matter of principle, be used by GUESTRAVELER for the stated purpose.
11.5 Data retention period
Personal data is kept for the time necessary to fulfil the stated purpose. The time period that this data is stored for is, in principle, one year from the closure of an ACCOUNT, for MEMBERS’ personal data, except if a longer period is required under French tax and criminal law. In the case of an ACCOUNT remaining inactive for a period of three years (and in the absence of previous closure of the ACCOUNT by the MEMBER), the personal data related to the said MEMBER is deleted.
11.6 Data transfer outside the European Union
No international transfer of data to countries outside the European Union is implemented unless it has been authorized beforehand by decision from the competent authority and the external country ensures a suitable degree of protection, in accordance with the meaning of the provisions under article 40 of the European Directive no. 2016/679
In its capacity as a data controller, the GUESTRAVELER company ensures that the USER’s personal data is protected in accordance with the legislation in force within the European Union.
11.7 Technical and organizational measures
The GUESTRAVELER company commits to implementing technical and organizational measures that are appropriate and proportionate to the nature, scope, context and purposes of the processing.
The processing of personal data collected on the SERVICE is subject to internal measures designed to ensure its compliance with the General Data Protection Regulations, via the implementation of suitable technical and organizational measures able to conform with the security and confidentiality of the data.
11.8 Data storage and security
In its capacity as data controller, GUESTRAVELER is responsible for the storage and security of the personal data of USERS and MEMBERS.
To this end, GUESTRAVELER uses subcontractors who are also obliged to comply with the legislation and regulations applicable to the protection of personal data. The GUESTRAVELER company uses the services of IMAGILE MH Communication, 171 rue Epron, 14200 Hérouville-Saint-Clair and ALWAYSDATA, 62 rue Tiquetonne, 75002 Paris, to ensure the security of the PLATFORM and the transactions that are formalized on it.
11.9 Procedure in case of failure
Any violation of personal data that the GUESTRAVELER company is made aware of and which would be likely to engender a risk to the rights and freedoms of natural persons, is subject to a notification within 48 hours to the competent supervisory authority (Commission nationale Informatique & Libertés in France) and to the USER concerned.
11.10 Rights of USERS (and MEMBERS)
All USERS have the right to obtain confirmation from the GUESTRAVELER company as to whether the personal data about them is subject to processing.
In the event of an affirmative response, the individual concerned may request access to the personal data subject to processing and receive a copy of the aforementioned data as well as information relating to the processing undertaken (purposes, categories of data, recipients of the data, storage periods, etc.).
All USERS have the right to request that the personal data about them is, depending on the case, rectified, completed or deleted. In certain cases, the processing of data may be subject to a limitation instead of an erasure. Any USER can, under the same conditions, request the portability of the personal data collected by the GUESTRAVELER company.
However, when information communication requests are manifestly unfounded or excessive, notably due to their repetitive nature within the meaning in article 12-5 of the EU Regulation no. 2016/679, the data controller can refuse to follow-up on the request and/or require payment of administrative fees inherent in this request.
The data controller has a response period of 1 (one) month from the date of receipt of the request, which must be accompanied by proof of the USER’s identity. If the request is incomplete the data controller has the right to request additional information: the time period is therefore suspended until the receipt of said information.
Finally, any USER can, at any time, whatever the motive, oppose the processing of personal data about him or her. In such a case, the data shall no longer be processed.
The USER has the right to request the limitation of the processing of his/her data by the site, without GUESTRAVELER being able to refuse, unless it can demonstrate the existence of legitimate and compelling reasons, which may take precedence over the interests, rights and freedoms of the USER.
Any request for access, rectification, completion, portability or deletion of the USER’s personal data may be made at any time and must be sent in writing, with the requester’s contact details and a copy of an identity document, by e-mail to the following address: confidentialité@guestraveler.com or by mail to the following address: GUESTRAVELER 73 rue Marie Curie, 14200 Hérouville Saint-Clair.
USERS maintain, under all circumstances and at any time, the right to oppose the processing of their personal data after the fact by expressing their refusal by e-mail to the above addresses, or even by using the dedicated automatic function present in each e-mail sent by the GUESTRAVELER company.
The GUESTRAVELER company informs USERS that they have the right to submit a complaint to the Commission Nationale de l’Informatique et des Libertés (CNIL), 3, place de Fontenoy, TSA 80715 – 75334 Paris Cedex 07.
ARTICLE 12 – USER AND MEMBER GUARANTEES
The USERS and the MEMBERS guarantee that they will respect, at all times, these T&Cs as well as the legal and regulatory provisions applicable to them.
In particular, they guarantee that they will not post any COMMENT and will not behave in any way or say anything during the SHARES that may be abusive, defamatory, violent, hateful or incite to hatred or violence, is contrary to good morals, racist, xenophobic, discriminatory, likely to be qualified as sexual or other harassment
They guarantee that they will not use the PLATFORM or the SERVICE for professional, commercial or profit-making purposes in any way whatsoever.
They guarantee that they will not directly or indirectly infringe the rights of other USERS, other MEMBERS and, more generally, third parties, as well as the rights of GUESTRAVELER, in particular to its image, its rights and tangible and intangible assets, in particular the PLATFORM, the SERVICE and the systems which support them.
The MEMBERS and in particular the HOSTS guarantee, moreover, not to publish misleading, erroneous information or of a nature to mislead the USERS and in particular the potential NOMADS, to take care of obtaining the authorizations, rights and payment of the remunerations and royalties due, if need be, concerning the texts, photographs and other illustrations put on line to promote their SHARE ADVERT. In particular, they guarantee that, where appropriate, they are regularly authorized to publish photographs of individuals and protected assets.
They shall indemnify GUESTRAVELER against all claims in this respect.
They shall inform the other MEMBERS of the absence of a legal guarantee of conformity applicable to SHARES as mentioned in articles L 217-4 et seq. of the French Consumer Code, but of the guarantee of hidden defects as provided for in articles 1641 et seq. of the French Civil Code.
ARTICLE 13 – GUESTRAVELER’S GUARANTEE
SUBJECT TO THE MANDATORY LEGAL GUARANTEES (GUARANTEE AGAINST HIDDEN DEFECTS), THE PLATFORM AND THE SERVICE ARE PROVIDED “AS IS”, WITHOUT ANY GUARANTEE, IN PARTICULAR OF THE RELIABILITY OF THE CONTENT, SUITABILITY FOR A PARTICULAR PURPOSE, PEACEFUL ENJOYMENT OR POSSESSION.
ARTICLE 14 – LIABILITY OF USERS AND MEMBERS
The USER (including the MEMBER) shall be solely responsible for his or her use of the PLATFORM, the SERVICE and the tools made available to him or her by GUESTRAVELER (in particular the APPLICATION and the WEBSITE). This means that the USER (and in particular the MEMBER) is solely responsible for the way in which he/she uses the PLATFORM and the SERVICE and for the way in which he/she engages towards the other MEMBERS, in particular during SHARES. For information, Article 1240 of the French Civil Code provides that: “Any act of man which causes damage to another, obliges the person by whose fault it was done to repair it”.
Moreover, the MEMBERS are informed of the consequences of the non-respect of their contractual obligations in the terms referred to in articles 1101 et seq. of the French civil code.
ARTICLE 15: THE GUESTRAVELER COMPANY’S LIABILITY
15.1 Technical liability
The GUESTRAVELER company is a technical intermediary in the context of connecting MEMBERS.
In this respect, GUESTRAVELER undertakes to make its best efforts to secure access and to ensure continuity of access to and use of the PLATFORM, 7 days a week and 24 hours a day, except in the event of force majeure or the occurrence of an event beyond the control of GUESTRAVELER, and subject to any breakdowns and maintenance operations necessary for the proper functioning of the PLATFORM. However, GUESTRAVELER shall not be held responsible for any interruption of all or part of the PLATFORM, whatever the cause, duration or frequency.
15.2 Limited liability as a platform
The GUESTRAVELER company provides a PLATFORM allowing USERS who wish to do so to become a MEMBER and its MEMBERS to offer or benefit from SHARES thanks to the SERVICE to which MEMBERS register, HOSTS can post ADVERTS and NOMADS can choose to subscribe to one or more SHARE(S) in return for a paying FEES.
GUESTRAVELER highlights that it is not in a position to verify either the identity of the MEMBERS or the SHARE ADVERTS or the operation of SHARES. GUESTRAVELER therefore does not guarantee any MEMBER, any ADVERT or any SHARE.
MEMBER DATA on the SERVICE is provided by MEMBERS when they complete their profile. GUESTRAVELER therefore provides no guarantee and assumes no liability for the accuracy, timeliness, completeness or content of the DATA relating to the MEMBERS, whether HOSTS or NOMADS, nor for the content of the ADVERTS or COMMENTS or the quality of the SHARES.
Its role is that of a PLATFORM offering a SERVICE limited to connecting MEMBERS and providing access to the PLATFORM and the SERVICE.
It therefore assumes the role of a platform that puts individuals in contact with each other in the context of their non-professional and non-commercial activities within the meaning of the regulations in force. In this respect, GUESTRAVELER is attentive to the notifications it receives from USERS and in particular those that MEMBERS may send to it following their experience of a SHARE.
In accordance with the provisions of the amended French law no. 2004-575 of 21 June 2004 on confidence in the digital economy, GUESTRAVELER undertakes to promptly remove any content (service or comment) that is clearly illicit and that it is notified about as soon as it becomes aware of it.
Notification of manifestly illegal content must be done through the technical device on the PLATFORM, via email to the following address: firstname.lastname@example.org or via registered mail with acknowledgement of receipt to the following address: GUESTRAVELER 73 rue Marie Curie, 14200 Hérouville-Daint-Clair.
In any event, to be valid, the notification must meet all the elements detailed in article 6 I 5 of the aforementioned French law of 21 June 2004 as amended:
– the notification date;
– if the notifier is a natural person: their surname, first names, address, nationality, date and place of birth; if the claimant is a legal person: its structure, its designation, its head office and the body which represents it legally;
– the names and address of the addressee or, if it is a legal person, its designation and its head office;
– the description of the disputed facts and their precise location;
– the reasons that the content must be removed, including the mention of the legal provisions and proof of facts;
– the copy of the correspondence addressed to the author or publisher of the disputed information or content requesting its interruption, removal or modification, or the proof that the author or publisher was not able to be contacted.
The GUESTRAVELER company is not, however, bound under the aforementioned French law of 21 June 2004 as amended on the digital economy, to any general obligation to monitor the information and content accessible on the PLATFORM, nor to any obligation to search for facts or circumstances revealing illicit activities.
In the event that a USER or a MEMBER has knowledge of acts on the PLATFORM contrary to moral standards, or of acts inciting proselytism, racial hatred, or child pornography and, more generally, acts with unlawful connotations and of such a nature as to offend human dignity, he/she is required to alert the GUESTRAVELER company and provide indications allowing the company to identify the acts and/or their instigator by clicking on the button for this provided for him/her on the PLATFORM.
15.3 No liability in the use of the PLATFORM and the SERVICE by USERS and MEMBERS
The GUESTRAVELER company provides the NOHÔ service with no guarantee of any nature. Notably the GUESTRAVELER company does not guarantee that the details of HOSTS listed on the PLATFORM or the SERVICE are exempt from any errors. GUESTRAVELER is not responsible for the SHARES provided by the HOSTS, its role being exclusively to provide a platform for MEMBERS to connect and communicate with each other.
The GUESTRAVELER company is not party to any agreement made between the MEMBERS who are acting exclusively in their own name and on their own behalf. Any agreement made between a HOST and a NOMAD is the sole responsibility of the HOST and the NOMAD.
15.5 GUESTRAVELER shall not be liable for the content of sites to which links are provided
The PLATFORM or the SERVICE may contain links to third party websites. These links are provided with no guarantee. The GUESTRAVELER company is not responsible for the content of these websites. The USER assumes all the risks resulting from his or her use of external websites.
GUESTRAVELER IS NOT LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, INTERRUPTION OF SERVICE, COMPUTER DAMAGE OR FAILURE OF THE SYSTEM, APPLICATIONS, WEBSITE, PLATFORM OR SERVICE OR THE INABILITY TO USE THE PLATFORM OR SERVICE.
ARTICLE 16 – FORCE MAJEURE
GUESTRAVELER may not be held liable in the case of an event of force majeure, as defined in article 1218 of the French Civil Code. Any malfunction of telecommunications networks (and notably the internet) is assimilated to a case of force majeure. USERS are informed of the hazards inherent in modern telecommunications networks, notably the possibility of various and varied breakdowns. The GUESTRAVELER company cannot be held liable in this respect.
ARTICLE 17 – NOTIFICATIONS
Any notification under these T&Cs shall be made by simple e-mail to the following address email@example.com,
which is formally accepted by USERS (including MEMBERS) or by registered mail with acknowledgement of receipt, or by electronic registered mail addressed to GUESTRAVEL’s registered office.
ARTICLE 18 – RESOLUTION OF DISPUTES
These T&Cs and any action concerning them shall be governed by French law, which under article 17 of the French law no. 2004-575 of 21 June 2004 is the law of the country of origin of the service offered by the GUESTRAVELER company, and which will prevail over any other national legislation.
Subject to mandatory legal provisions of Public Order to the contrary, any dispute relating to the present T&Cs shall fall within the exclusive jurisdiction of the materially competent Courts of Caen, in particular by virtue of the place in which the contract was formed within the jurisdiction of the GUESTRAVELER company’s head office, and by virtue of the acceptance of these T&Cs, this place in which the contract was formed being characteristic of the binding link with the courts of law of Caen.
Any MEMBER not resident in France or not based in France having contracted a SHARE on the SERVICE accessible on the platform, will have to demonstrate, in order to obtain from the judge the application of his or her own law, that the French law is less favorable than that of his or her country.
Prior to any legal action, and except in the case of special provisions of Public Order, any disputes that may arise in the context of the execution of these T&Cs must be submitted to the GUESTRAVELER company’s assessment with a view to an amicable settlement either by e-mail to the following address firstname.lastname@example.org, or by mail to the head office of the company.
In the event that a claim is unsuccessful or in the absence of a response from GUESTRAVELER within two (2) months, USERS based in the European Union shall have the option of submitting the dispute to a mediator by consulting the website of the Commission d’Evaluation et de Contrôle de la Médiation de la Consommation CECMC (Consumer Mediation Evaluation and Monitoring Committee) or by connecting to the European platform for the settlement of online disputes, which can be accessed via the following link: https://ec.europa.eu.
USERS (including MEMBERS) based in FRANCE will have the option of submitting the dispute to mediation by contacting the Association Nationale des Médiateurs (ANM) or by post by writing to 62, rue Tiquetonne 75002 PARIS or by email via filling in the online submission form at the following address: www.anm-conso.com
These provisions are formally accepted by the USERS of the PLATFORM and by the MEMBERS using the SERVICE, before any registration.
ARTICLE 19 – LEGAL NOTICES
THE “NOHÔ” MOBILE APPLICATION and the WEBSITE are published by the GUESTRAVELER company, a single-shareholder company with a capital of 11,500 euros, registered on the Caen Trade and Company Register under the number 821 903 374 with a head office located at 73 rue Marie Curie 14200 Hérouville-Saint-Clair (France) Intracommunity VAT Number: FR 10 821 903 374.
Publication manager: Marc Fauré
Creation and Conception : Agence digitale LEPRESSING, 39, rue Saint-Antoine, 75004 Paris
The website is hosted by the AlwaysData company, 62 rue de Tiquetonne, 75002 Paris.
The website was designed by the Imagile MH Communication company, 171 Rue d’Epron, 14200 Hérouville-Saint-Clair
Copyright © 2018 Nohô. All rights reserved.