GENERAL CONDITIONS OF USE OF THE GUIGUIGO SITE

Version in force on May 1, 2019 These T & Cs are only applicable to services actually operational on the Site. They apply immediately as soon as a new feature is made available on the Site.

These General Conditions are concluded between GUIGUIGO SAS, registered with the %meetingPoint% Trade and Companies Register under number 829 939 180, having its registered office at 7, rue Marcel Porte, 38100 %meetingPoint% (" GUIGUIGO ") users of the site www.guiguigo.com (the " Users ") (together, the " Parties ", and individually, a " Party ").

GUIGUIGO (the " Service ") is a service designed and offered by the company GUIGUIGO, to allow the connection of independent tourism service providers (the " GuiGuis ") with customers (the " travelers ". The whole constitutes te " registered users ." The former submit details of their services, availability and prices to GUIGUIGO, and the latter submit dates, preferences and wishes for travel, activities and services. GUIGUIGO provides GuiGuis with booking management tool including online payment and offers travelers Stays and Sessions adapted to their desires, among those present in its database, created and offered by GuiGuis and comprising Activities and Services. by the quality of selection of its providers and its continuous and personalized follow-up, and of travelers, and GuiGuis, the two conservan t in addition, total control of travel, services and information communicated on the website.

These General Conditions define the respective rights and obligations of GUIGUIGO and users in the context of the use of the service. The General Conditions include this document and its appendices.

The current version of the CGU is available at any time and with free access on the Site. GUIGUIGO may modify the T & Cs at any time according to certain technical, economic, legal or commercial constraints, such as the posting of new services.
users are informed of the evolution of the T & Cs within a reasonable time. Continued use of the Site implies tacit acceptance by users of the latest updated version of the CGU.
Otherwise, the user may unsubscribe, this unsubscription taking effect at the end of the last of the user's services for any Reservation Request made before the modification of the T & Cs.
Any deviation from the T & Cs must, in order to be valid and bind GUIGUIGO, be the subject of a written document signed by both parties and expressly referring to the T & Cs.
GUIGUIGO reserves the right to suspend any transaction or immediately cease its services for the benefit of a user, in particular if it engages in an unfair commercial practice or violates a provision of the T & Cs.
GUIGUIGO cannot at any time be assimilated to a service of rental of equipment, transport or accompaniment of travelers during their stay, its role being limited to the provision of a community platform offering online functionalities to facilitate the publication of Announcements and management of reservations and transactions between users.

The creation of an account, the navigation on this site or the continuation of navigation on this site after being notified of a modification of the General Conditions are worth unconditional acceptance of the latter.

I. Definitions

Unless otherwise indicated, the following words and expressions have, in these General Conditions, the meanings defined below, both in the singular and in the plural.
GuiGui : any independent tourist service provider such as a travel agent, receiver, coach, guide, host, or any other professional wishing to offer services on the GUIGUIGO site;
Voyage : any stay or session that a GuiGui can offer and supervise via the GUIGUIGO platform
Voyageur : any registered user wishing to take advantage of GUIGUIGO services;
Client Voyageur : any natural or legal person having charged GUIGUIGO, by one of the means referred to in art. III of these General Conditions, to select one or more GuiGuis in order to respond to a travel request;
Participant : any traveling customer who has reserved a service and paid a first deposit.
Compte : individual access to a personal space on the Site, by a username and password known to the only user concerned;
Contrat entre Utilisateurs : any contract concluded between, on the one hand, a Traveler Client and, on the other hand, a GuiGui, for the service offered by the latter;
Séjour : any service offered by a GuiGui spread over several days, communicated to GUIGUIGO or directly posted on the GUIGUIGO platform by the GuiGui itself;
Session : any service offered by a GuiGui spread over several hours, communicated to GUIGUIGO or directly posted on the GUIGUIGO platform by the GuiGui itself;
Activité : practice of a sport or leisure supervised by a professional, sports instructor, guide or local expert
Requête : any traveler, in addition to being able to consult the services offered on GUIGUIGO, can send a request to a GuiGui by informing him of his preferences and his dates of stay, session or service. The GuiGui concerned will then be able to establish an offer according to its availability. The traveler who made the request will automatically be included in the list of participants.
Annonce : any travel advertisement created by a GuiGui and directly consultable on the site by all users;
Profil : all the information provided by a user relating to their identity, personality, tastes, preferences and travel choices.
Service : the GUIGUIGO service designed and offered by GUIGUIGO to consult, issue a request and book a trip; the service also designates a service offered by a GuiGui;
Services : all the services offered by GuiGuis such as accommodation, meals, transport, etc.
Site : the website or internet platform accessible at the address www.guiguigo.com and all the pages and sub-domains which result therefrom;
Utilisateur : any natural person accessing and browsing the Site;
Utilisateur Enregistré : any natural person having completed the registration form on the Site and having confirmed their registration, on their behalf and on their behalf, or on behalf and / or on behalf of a legal person;

II. Navigation and registration

Navigation on the Site implies acceptance by the user of these General Conditions, it being specified that non-registered users are not bound by the stipulations applicable exclusively to registered users. The user agrees, when browsing the site and in case of access to the service, to comply with these General Conditions as well as the laws and normative texts applicable and in force.

Access to the service is only open to registered users. Registration requires filling out the form available at www.GUIGUIGO.com/login. Registration is only open to natural persons over the age of 18 and who have the capacity to contract, or to legal persons through a representative empowered to contract the represented legal person. The registered user is deemed to have read and unreservedly accepted all of the stipulations of these General Conditions, which are also sent to him by email upon confirmation of registration.

users undertake, by filling out the form, to provide accurate information, in particular with regard to their identity and for GuiGuis, their professional information. GUIGUIGO does not carry out any verification of the information communicated except the information subject to special regulations in force at the time of the communication of the data by the user to GUIGUIGO. GUIGUIGO cannot be held liable in the event of communication of erroneous information by a user.

GUIGUIGO does not guarantee the accuracy, relevance or topicality of the content published by the users. Any opinions expressed through the published content are those of the author only. As such, users agree to provide only content that respects the law or the rights of others and guarantees the veracity of the content they provide. In accordance with the law of certain countries, GUIGUIGO may be obliged to remove certain content.

It should be noted that the creation of an account by a GuiGui requires the posting online or the sending of additional supporting documents confirming the acquisition of a legal status allowing the exercise of a remunerated activity. Following the reading of these documents and at least one telephone, real or video interview, GUIGUIGO will be led to accept or not the candidacy of a new service provider as GuiGui according to the relevance of its file and what it or he is able to propose.

The registration is confirmed to the user at the email address he will have communicated, by an email from GUIGUIGO containing the links necessary to confirm his registration.
GUIGUIGO only sends this confirmation email subject to the communication of the information marked as compulsory on the aforementioned registration page. The veracity and accuracy of the information communicated by a user, for the opening of an Account are presumed and engage his responsibility, in particular as for his identity.

registered users have access to the individual and personal service protected by a unique identifier and password of which they have sole knowledge. registered users are solely responsible for any use that may be made of their username and password, and are the sole guarantors of their confidentiality, as well as any use of their account. Access to the service is granted to a registered user in accordance with the principles of intuitu personae, and personal access to the service of a registered user cannot be transferred or communicated in any way to a third party, for consideration or free.

The Site is freely accessible to any Internet user with a usual recent hardware and software IT configuration and a broadband internet connection.
The services implemented on the Site are exclusively reserved for persons legally capable of committing to the terms of the CGU.

III. Use of the Service

A. Description of the service

The service, developed and offered by GUIGUIGO, is a platform allowing users to create a Profile, and GuiGuis to create public announcements of stays and sessions including activities and services.

Profiles contain identity and preference information related to each person's aspirations. They are created by the user himself, or on his behalf by GUIGUIGO, if the user authorizes it. Certain minimum information is required for the effective creation of a Profile.

The advertisements can be directly put online by the GuiGuis, communicated to GUIGUIGO to be put online by the latter, or even communicated to GUIGUIGO for validation and orientation. They contain the information necessary for research and for the smooth running of a service.

travelers can directly consult the Ads accessible on the Site, book or issue a special request or on different dates. Each solicitation of a traveler has the sole effect of authorizing GUIGUIGO to transmit the identity and wishes of the traveler to the GuiGui concerned.

Following a search for a service carried out on the Site by a Traveler, the latter may formulate a reservation request (" Reservation Request ") with the service Provider from whom he has selected the Advert.

The GuiGui retains the final choice, and decides alone whether to welcome the traveler on the requested dates and to respond or adjust as best as possible to the wishes of the traveler regarding the desired activities and services, among those he or she has offered on GUIGUIGO. The GuiGui provides GUIGUIGO with the reasons for its possible refusals, so that GUIGUIGO can transmit them to the Traveler who may have been refused.

GUIGUIGO can also be led, without ever being obliged to do so, to offer certain services to a Traveler.

B. Creation and management of Ads and Profiles

1. Common conditions

The creation of an Ad or a Profile is in principle ensured by the registered user himself. It can be provided by GUIGUIGO at the request or authorization of a user, in particular if the latter was first approached by GUIGUIGO.

To be able to create an Ad or a Profile, the user must be registered, have accepted all of these Conditions, signed the GUIGUIGO charter and certify that they are of legal age, as well as any quality legally required to exercise or offer employment. employee or a freelance mission.

2. Conditions specific to the Offers

GuiGuis can publish their ads on www.guiguigo.com for free. They are submitted to the GUIGUIGO team for validation and then become public.
Any GuiGui can publish one or more Announcement (s) on the Site to benefit from the GUIGUIGO services for the reservation by another user of the services it offers.
To this end, the GuiGui must in particular complete the various forms provided for this purpose on the Site and, at a minimum, the information marked or indicated as mandatory;
i. indicate on the calendar the dates (and if applicable the times) of its availability and unavailability or more generally of the service concerned. Otherwise, the service will be considered available on any date qualified as available which has not been the subject of a prior reservation;
ii. indicate its service rates (Rental, service and Offer of services), if applicable according to the date and / or the time at which this service is offered;
iii. specify the type of cancellation conditions he wishes to impose on the Traveler (see article 7 below);
iv. specify any additional costs and charges in addition to the service that may be billed to the Traveler. These amounts correspond to the price in effect at the time of the Reservation Request. Any subsequent modification will not be taken into account if in the meantime a user has validated his Reservation Request on the same date.
v. specify the rules and possibly billable supplements that apply to the Traveler as part of the service;
vi. upload at least one photo of his universe in the format and size required on the form concerned, ensuring compliance with any copyright applicable to these photos; GUIGUIGO may offer, in certain places and for certain users, the free arrival of a photographer to take photos of travelers and Activities. These photos are exclusively intended for the Site;
vii. specify whether the activity requires the presence of a coach, guide or sports instructor type professional and if so whether such a professional is already designated and included in the price of the service; if applicable, indicate the possible amount of the required security deposit.

3. Conditions specific to Profiles

The traveler

The Traveler must complete the various mandatory or optional fields required by the form for the creation of his profile. The Traveler has the choice to keep certain anonymous information when displaying his profile. This possibility will be the subject of a special mention next to the information required in the form.

The required information is necessary for the service to be able to offer the Traveler offers that match their personal research.

Thus when the Traveler creates his profile on the service, the professional information that will be requested from the Traveler will be in particular:

1.Information allowing his identification, such as his name, first name, profile picture, country of residence, email address, etc.
2.Information relating to their vacation or free time dates and times;
3.Information relating to its places of destination;
4.Information relating to his centers of interest;
5. Additional information such as food preferences, lifestyle, level of comfort requirement ...

The Traveler may modify the information entered in his Profile at any time subject to control by the service.

The service checks a priori and a posteriori the information entered by the Traveler but does not undertake as to its veracity. If necessary, a delay in uploading the profile is required.

The service therefore reserves the right to modify or delete information entered by the Traveler in the profile form at any time and without reservation.

The GuiGui

The subscription of a service by the user GuiGui requires the registration of a Profile (" Profile ") which allows in particular:
1. To aggregate
at. the personal information necessary for the execution of the services and / or the services;
b. optional information and only intended to provide a detailed Profile of the GuiGui and likely to improve its visibility or that of its Announcement;
2. To publish an Announcement;
3. To record a personal CV (" CV ") specifying the qualifications, experiences, places of practice, etc. ;
4. Indicate automatically the level of evaluations from which the GuiGui benefited;
5. Access the internal messaging of the Site so that users can communicate with each other.

To protect users' private information, only certain Profile information is visible to others and only some of it is communicated to a user following the Acceptance by the latter of a Reservation Request (see article 4 below) made by another user.

4. Deletion of the account

Any user can delete his Account by connecting to the Site subject to respecting the commitments of services subscribed to GUIGUIGO and / or another user via the Site and which have not yet expired.
GUIGUIGO will delete the user's personal data in accordance with its personal data management policy (see article 15 below).
GUIGUIGO reserves the right to delete a user's Account, in particular if:
1. The user violates a provision of the T & Cs;
2. GUIGUIGO notes an absence of connection to his Account by a user for a period of two (2) years and after the sending of a reminder email which remained ineffective for eight (8) weeks;
3. the user has repeatedly received low or zero ratings in the evaluation system;
4. the user seriously damages other users, in particular by regularly damaging or destroying equipment;

C. Reservation process

The selection of an Ad is made by filling in the search criteria appearing on the Site.
users have a set of filters to better target their search for services.
The results obtained are classified in order of relevance with the criteria selected by the user.
Any Reservation Request for an Ad (the " Reservation Request ") is made by respecting the Site reservation process.
During the Reservation Request, the Traveler sees:
at. a description of the selected Advert and the dates of service envisaged;

b. the applicable cancellation conditions;

vs. any consumption and usage costs chargeable to the Traveler that the service Provider wished to indicate (fuel, water, refueling, concierge, etc.)

d. the total price payable (the price), which includes:
the agreed price of the service, if applicable,
the additional costs expressly referred to in the Announcement (Cleaning, bedding, watering, etc.);
the price of the insurance (cancellation, assistance, repurchase of deposit or other) possibly subscribed by the Traveler with an external insurance (the " Company ") if this service is offered by GUIGUIGO;
the amount of the service charges invoiced by GUIGUIGO. These costs correspond to fifteen percent (15%) including tax of the price indicated by the GuiGui in the management tool of its advertisement;
It is up to the Traveler to verify that he has taken into account the additional charges which are invoiced to him.
Once the Reservation Request has been made by the Traveler, he is invited to follow the payment procedure to validate his Reservation Request and, if necessary, to validate a bank pre-authorization in the event of a security deposit.

D. Reservation acceptance conditions

The Reservation Request is considered to have been acquired once the payment procedure has been validated.
GUIGUIGO then addresses:
1. an email summarizing the Traveler Reservation Request;
2. a summary e-mail to the GuiGui holder of the Ad concerned, who then has twenty four (48) hours to accept or formally refuse it;
In the absence of a response after this period, the Reservation Request will be canceled and the Traveler informed by email.
The Traveler is only debited from the amount paid from the Acceptance.

E. Payment of the service by the traveler

Payment for a service by the Traveler is made at the time of the Booking Request via the GuiGuiGo payment system by bank card (Carte Bleue, Visa, MasterCard) or Paypal account or any other means that GuiGuiGo will make available on its Site.
For any payment by bank card, GuiGuiGo has set up a secure payment system implemented by the company PAYBOX (www.paybox.com). This payment protocol is recognized worldwide for the protection of data transmitted over the Internet. user bank data (number, expiry date, etc.) is encrypted before sending to the e-transactions payment server.
Upon positive feedback from the banking establishment or from Paypal regarding the payment authorization request made by the user, the Reservation Request is made to the service Provider who then has twenty four (24) hours to Accept.
In the event of a negative return from the bank or Paypal, GuiGuiGo will immediately inform the Traveler of the failure of the transaction.
GuiGuiGo cannot be held responsible for the delay of the bank authorization made on the bank card or the Paypal account of a Traveler, this delay resulting from the bank establishment of the holder of the bank card or of the company Paypal.
When GuiGuiGo allows the consultation of the prices of the Ads in foreign currencies, the user expressly recognizes that the conversion is offered in the currency of his choice for informational purposes and that the final currency, just like the exchange rates applied by banking establishments may be different than those displayed. It is up to the user to inquire with his banking establishment of the applicable rates.
The user will have under his Profile a detailed summary of all the services subscribed or the services provided.
The Traveler is only debited from the amount paid as from the Acceptance of the Reservation Request by the Provider and GuiGuiGo will temporarily keep the sums to pay them directly into the Provider's account twenty four (24) hours after the start of performance of the services (taking charge of the Vessel in question concerning the Rentals, arrival on the Vessel for Co-Navigations, embarkation of the Traveler concerning the services of Skipper Pro, etc.).
GuiGuiGo will issue an invoice for the service fees which it has invoiced to the Traveler, in accordance with the legal requirements which apply to it.

F. Cancellation conditions prior to delivery

1. Cancellation by the traveler

The GuiGui defines the cancellation rules applicable to its Ad among the 4 types offered by GUIGUIGO (flexible / moderate / strict / super strict) below.
These cancellation rules are clearly visible in the Announcement and in the validation process of the Reservation Request.
They cannot be modified once the Reservation Request has been formulated by a user.

In the event of cancellation, the amount reimbursed to the Traveler corresponds to:
At the total price agreed:
Depending on the type of cancellation policy applicable (flexible / moderate / strict / super strict);
Depending on the date on which it takes place (2, 7, 14 or 30 days);
Less the Cancellation Fees (consisting of bank and file management fees) invoiced by GUIGUIGO, which are set at five percent (5%) of the expected amount of the service.

GUIGUIGO undertakes to pay within thirty (30) days the amounts due to the GuiGui and the Traveler, by bank transfer or Paypal account.

The Cancellation of a service (or its modification resulting in its cancellation) by the Traveler is made directly by sending a detailed email to the address go@guiguigo.com

2. Cancellation by GuiGui

Any cancellation not justified by a case of force majeure will result in the application of the following penalties:
The cancellation of a reservation (or its modification resulting in its cancellation) by a GuiGui is made by sending a detailed email to the address go@guiguigo.com.
i. For reservations made more than seven (7) days before the start of the service, any cancellation not justified by the service Provider will result in:
full reimbursement of the Traveler who will be operated by GuiGuiGo,
the application payable by GuiGui of a penalty of fifteen percent (15%) of the price of the canceled service.
ii. For reservations made less than seven (7) days before the start of the service, any cancellation not justified by GuiGui will result in:
full reimbursement of the Traveler who will be operated by GuiGuiGo,
the application payable by GuiGui of a penalty of fifty percent (50%) of the price of the canceled service.

GUIGUIGO undertakes to pay the Traveler the amount of the service within thirty (30) days, by bank transfer or to a Paypal account.

Le GuiGui undertakes to pay this penalty within eight (8) days of cancellation. In the absence of voluntary settlement, the penalty will be deducted from the payment of the next service for which he would be the beneficiary. If such a reservation has not been made within three (3) months of the cancellation, GUIGUIGO reserves the right to initiate against it any action likely to recover the sums due.

In the event of repeated, abusive, or unjustified cancellations, GUIGUIGO reserves the right to delete GuiGui from the Site, without notice.

3. Special cancellation conditions

BMS or severe weather conditions

GuiGui and / or Traveler may cancel each and without charge a service in the event of the issue of a special weather report (BMS) occurring within 24 hours before the start of the service. Subject to receipt of a copy of this BMS, the Traveler will be reimbursed for the amount paid minus three (3) percent of said amount retained by GUIGUIGO for transaction costs.
Subject to their mutual agreement, GuiGui and / or Traveler may also jointly agree to the cancellation or postponement of less than seven (7) days of a service in the event of:
Severe weather conditions in the 24 hours preceding the start of the service;
Insufficient level of the Traveler actually observed in real conditions by the GuiGui on the day of the start of the service.

In the event of complete cancellation of the service or of its lack of performance within seven (7) days, the Traveler will be reimbursed for the amount paid (unless otherwise agreed with the service Provider), minus the costs of services invoiced which will remain acquired at GUIGUIGO;
Cancellation Fees will not be charged.

Force majeure

If a user is unable to perform any of his obligations due to force majeure which he specifically justifies by email to go @ guiguigo, with the appropriate supporting documents if necessary, he will be exempt from said obligation.
Will be considered as force majeure a death in the family of the traveler, a serious illness of the traveler or a member of his family, a jury position or any other civic obligation, natural disasters, fires, natural disasters, storms, cyclones, earthquakes, tidal waves, landslides, lightning destruction, explosions, epidemics, revolutions, wars, acts of piracy, acts of terrorism, industrial accidents.
The following conditions will apply:
The costs of services invoiced will remain with GUIGUIGO;
Cancellation Fees will not be charged.

G. Commitments of the Parties

The sole purpose of the service is to allow GuiGuis to broadcast announcements and to be put in contact with travelers, and conversely, travelers to create a Profile with a view to being put in contact with GuiGuis and to be able to search Trips according to their tastes and preferences.

GUIGUIGO undertakes to make the best efforts to present the Voyageurx of GuiGuis satisfying their selection criteria.

GUIGUIGO provides GuiGuis as well as Traveler users with technical tools and means enabling them to get in touch with each other in order to agree on certain details relating to future trips and GuiGuis services. As such, GUIGUIGO is not bound by an obligation of result vis-à-vis travelers to find a GuiGui or a Trip. GUIGUIGO is also not bound by an obligation of result vis-à-vis GuiGuis to find them travelers. As a result, GUIGUIGO's responsibility cannot be sought on this basis.

On the other hand, GUIGUIGO exercises control over the quality, security and legality of the Ads and Profiles of GuiGuis disseminated on the Application and the Site. However GUIGUIGO does not exercise control over the veracity or the precision of the contents of the profiles of the travelers.

In addition, GUIGUIGO's responsibility cannot be sought in connection with the relationships that may exist between GuiGuis and registered Traveler users.

GUIGUIGO's responsibility cannot be sought on the basis of difficulties, complaints and disputes that may arise during the performance or execution of a service relating to a trip (stay or session). GUIGUIGO is not a party in any capacity whatsoever to the contracts concluded between the GuiGuis and the travelers.

The Ads and Profiles disseminated on the Application and / or on the Site may include hypertext links to websites published and / or generated by third parties. Insofar as no control is exercised over these external resources, the user acknowledges that GUIGUIGO assumes no responsibility relating to the provision of these resources, and cannot be held responsible for their content, conditions and or consequences of their use.

The user undertakes:
1. To have at most only one Account as a GuiGui and only one account as a Traveler on the Site,
2. To use this Account only on a personal basis, all acts performed under these Identifier Codes being considered to have been performed by himself,
3. Regularly update their information by logging into their Account,
4. Not to transfer his Account to a third party or to another user,
5. A garder confidentiel ses Codes Identifiants. En cas d’oubli, d’utilisation détournée ou non autorisée de ses Codes Identifiants, la responsabilité de GUIGUIGO ne pourra en aucun cas être engagée et l'Utilisateur devra immédiatement informer GUIGUIGO de cette situation, par courriel à l’adresse : support@guiguigo.com

IV. Price

The creation of a Profile, and, in general, the use of the service by GuiGuis and travelers, are completely free.

The creation of an Ad is reserved for GUIGUIGO and GuiGuis whose profile has been validated, and subject to compliance with the conditions applicable to this service.

Creating an Ad is free. GUIGUIGO charges a commission on the price of the service, as concluded between the GuiGui and the Traveler, when signing the Travel contract. The rate of this commission is set at 15%, of which 1% will be donated to a local NGO or association working for the environment or local populations. The GuiGui will be able to choose the beneficiary.

V. Liability

GUIGUIGO is liable to users only for damages, losses, costs and fees suffered by users and which would be the direct consequence of GUIGUIGO's failure to comply with its legal or contractual obligations as listed in these General Conditions.

GUIGUIGO cannot be held responsible for damages, losses, costs and costs which are only indirectly attributable to it.

In particular, GUIGUIGO implements its best efforts to guarantee uninterrupted access to the Site and the service. GUIGUIGO is however not bound to any obligation of result as to the availability of the Site and the service, and temporary interruptions of access to the Site and the service are not excluded, in particular in the event of force majeure, malfunction of the user equipment, malfunctions of the user's internet network or even maintenance operations intended to improve the Site and the service. Consequently, GUIGUIGO cannot be held responsible for an interruption of access to the Site and the service, whether voluntary or not.

In addition, registered users are subject to an obligation to communicate only truthful and up-to-date information at the time of their communication, as well as to an obligation to update the information communicated when it becomes obsolete. Consequently, GUIGUIGO cannot be held responsible in the event of a dispute between registered users born on the occasion of the communication by a registered user of incorrect information, in particular in the event of rejection of an application by a Recruiter.

It is also specified that GUIGUIGO only intervenes as a simple intermediary in the relationship between registered users of the Site. GUIGUIGO's responsibility is limited to the provision of the Site and the provision of the service, as described in these General Conditions, and the linking of travelers and GuiGuis. GUIGUIGO and the users, whether registered or not, are thus independent parties, each of them acting in their own name and for their own account. GUIGUIGO does not conclude any contract on behalf of a user and does not provide any other means than the Site and the service. These General Conditions do not constitute a representation contract, a travel agency contract, a company contract or a grouping contract. Consequently, GUIGUIGO cannot be held responsible for any difficulty related to the process of contractualization or execution of the contract between registered users.

In any event, GUIGUIGO's liability is limited:
(i) the amount paid by the Traveler Client to GUIGUIGO for the use of the service during the six (6) months preceding the dispute; or
(ii) one thousand euros (€ 1,000) in other cases.
The parties recognize that this limitation of liability clause takes into account the various interests at stake, and in particular the free service for a large number of registered users, and does not deprive any of GUIGUIGO's essential obligations of its substance.

VI. Intellectual property

1. The Site and its content

The Site, as well as each of the elements which compose it, in particular but not limited to, texts, images, videos, photographs, domain names, brands, logotypes, source code, databases and all other component of the Site protected by an exclusive right are the exclusive property of GUIGUIGO, subject only to the content provided by the users themselves.

These elements are in particular protected by the laws relating to intellectual property, and in particular copyright. GUIGUIGO is therefore the sole holder of all the intellectual property rights relating to the Site, their content and the software and databases ensuring their operation, subject only to the content provided by the users themselves and to the licenses granted by third parties to GUIGUIGO.

Any reproduction, representation, adaptation, modification, incorporation, translation, marketing, extraction, integral or partial, of the Site or of one of the elements which compose it, by any process and on any medium whatsoever, is prohibited without the GUIGUIGO's express prior authorization, and constitute an offense of counterfeiting sanctioned by the Intellectual Property Code, subject to the exceptions referred to in article L.122-5 of the Intellectual Property Code.

The user only has a license to use its content on a personal and private basis on the Site and on the content provided by GUIGUIGO, to the exclusion of any public viewing or dissemination. This strictly personal license is non-transferable, non-transferable, non-sublicensable, non-exclusive, limited to use in accordance with these General Conditions, limited to the country in which the user connects physically and for the duration necessary for his use of the Site.

2. Use of User Content

Any user who publishes user Content on the Site retains full ownership thereof. As such, GUIGUIGO does not acquire any property rights over files, images, photographs, texts, logos, distinctive signs, video, musical works, intellectual works or any other user Content which would be published by a user on the Site.

By distributing user Content through the services of the Site, the user grants GUIGUIGO a free, non-exclusive, non-personal and transferable license to use and distribute this user Content. GUIGUIGO is therefore entitled to use, copy, distribute and publish the user Content provided via the Site, without any other authorization, notification and / or financial compensation to the user concerned or a third party.

This license is valid for the whole world and for the duration of these rights, subject to the option of the user to terminate this license at any time.

GUIGUIGO uses user Content in accordance with article [XX] - Confidentiality of these General Conditions as well as the choices of each registered user concerning the dissemination of their Profile.

Apart from user Content, GUIGUIGO reserves all rights on content not protected by an exclusive right which would be communicated to GUIGUIGO by a user.

VII. Confidentiality

A. Personal data

"In accordance with the law Law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, as modified by the law of August 6, 2004, known as \"Data processing law and freedoms\", the user as long as he is a natural person, is informed that GUIGUIGO carries out automated and non-automated processing of some of his personal data, collected as part of his navigation on the Site and, where applicable, of his use of the service."

1. Data collected, purposes of processing and recipients

This data can be intended:

(i) to GUIGUIGO, in order to ensure the accessibility and proper functioning of the service, to communicate directly with the user (direct sales prospecting, Company newsletter), and for the needs of internal statistical tools;

(ii) to GuiGuis to whom travelers have expressly agreed to be presented, in accordance with the objectives of the service. The data transmitted to travelers cannot in any event exceed that voluntarily provided by GuiGui for the creation of its Profile. GUIGUIGO also undertakes to always obtain the consent of the Traveler concerned before communicating his Profile to a GuiGui, and to exclude or anonymize certain parts of his Profile if the traveler so requests.

In general, GUIGUIGO undertakes not to communicate any of this personal data to any third party without the prior and express consent of the user concerned, subject to the exceptions provided for by the aforementioned law, in particular for requests for communication made against GUIGUIGO by a competent authority or jurisdiction.

GUIGUIGO undertakes to use all technically available, adequate and reasonably payable means, taking into account the state of the art, to ensure the security and confidentiality of this data.

The user is informed that the provision of certain personal data, including, by way of example (not limiting), his full name and his email address are compulsory for the creation of an account. These mandatory data are designated as such on the form allowing the creation of the account.

2. Duration of data storage

GUIGUIGO keeps the data relating to a registered user for a period of five (5) years from the closure of the account of this registered user.

GUIGUIGO keeps the collected data relating to an Unregistered user for a period of five (5) years from the collection of this data.

3. Rights of access, opposition, modification, rectification and deletion

In accordance with the law Law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, as modified by the law of August 6, 2004, known as "Data-processing law and freedoms", the user has a right to access, modify, rectify and delete personal data concerning them.

The user can also oppose one of these treatments for legitimate reasons.

To exercise any of their rights, it suffices for the user to write to the addresses given in article [XX] - Communications.

B. Cookies

For the proper functioning of the Site and the service, cookies are automatically installed in the user's terminal when connecting to the Site, and as and when browsing the Site.

The shelf life of cookies installed by GUIGUIGO is six (6) months.

However, the user has the right at any time to oppose the installation or storage of cookies by configuring their navigation software according to their preferences.

C. ConfidentialInformation

For the period of validity of these General Conditions and for five (5) years following their termination or expiration for any reason whatsoever, each party (i) agrees to consider as confidential and undertakes not to disclose any documents and information expressly designated by a party as confidential (hereinafter "ConfidentialInformation"), (ii) undertakes not to use it for any purpose other than the fulfillment of obligations under these General Conditions, and (iii ) will take all necessary care to protect this ConfidentialInformation.

This confidentiality obligation does not apply to information and documents:

which are, on the date of signature of the contract or which will become, after it is signed, publicly known, unless the party benefiting from this information is the source of the publication;
who are already in possession of the beneficiary party on the date of communication of this information if the beneficiary party can provide proof of personal possession prior to this communication;
which are disclosed by a third party entitled to communicate them;
that the Beneficiary party could prove to have independently developed information transmitted hereunder.

VIII. Termination

The registered user can, at any time, choose to delete their Account; it is therefore no longer bound only by the stipulations applicable to any user of the Site. The deletion of an Account is accessible on the "profile" page of the registered user on the Site and requires validation by verifying the password of the Registered user. After the request for deletion, the Registered user Account will be deactivated. It will be kept for a period of one (1) month from the request, thus leaving the registered user the right to withdraw their request for deletion. The deletion of an Account by the registered user does not give the right to any refund of any sums paid to GUIGUIGO.

GUIGUIGO reserves the right to restrict the access of the registered user to the service, in compliance with the provisions of article XB

IX. Other clauses

A. Language

These General Conditions are written in French. In the event that they are translated into a foreign language, only the French version will prevail in the event of a conflict of interpretation between the different versions.

B. Titles

The titles are given for information only. They have no contractual value.

C. Non-waiver

The fact that one of the parties has not required the application of any clause of these General Conditions, whether permanent or temporary, can in no way be considered as a waiver of the rights of that party arising from said clause, the non-application of which has been tolerated.

D. Partial invalidity

If one or more stipulations herein are held to be invalid or declared as such in application of a law or regulation applicable herein or following a final decision of a competent court, the other stipulations will keep all their force and scope, unless the disputed stipulations are considered essential.

E. Communications

Any communication made within the framework of these General Conditions will not be considered valid unless it is sent to the following addresses:

go@GUIGUIGO.com
GUIGUIGO
7, rue Marcel Porte, 38100 %meetingPoint% - FRANCE

X. Settlement of disputes

A. Friendly procedure

In the event of a dispute with these General Conditions or a dispute arising out of browsing the Site or accessing the service, users are required to seek an amicable settlement by filling out the dedicated contact form accessible to 'address http://GUIGUIGO.com/contract.

GUIGUIGO then has a period of five (5) working days from the sending of the form to send a response to the user and try to bring an amicable solution to the situation. The filling of the form automatically sends an email to the address provided by the user when filling in, the date and time of which constitute the starting point for GUIGUIGO's response time.

If GUIGUIGO objects to the use of the service by a registered user, GUIGUIGO sends an email with acknowledgment of receipt to the registered user notifying him of the situation. The registered user then has fifteen (15) days to respond to the notification and attempt to reach an amicable solution to the situation. In the event of non-response or persistence of the dispute, GUIGUIGO is free to suspend the access of the registered user to the service, without prejudice to the exercise of any other rights that may arise from this dispute.

B. Applicable law - Attribution of jurisdiction

These General Conditions are subject to French law.

In the absence of an amicable solution at the end of the procedure referred to above, exclusive jurisdiction is attributed to the competent courts of Paris.