Terms & Conditions of the website
These general conditions are intended to define the terms and conditions of the use of services offered on the Website https://trampolinn.com/ (Hereinafter " Website ") and to define the rights and obligations of the parties in this context.
As part of the movement of the collaborative economy, the Website makes available to its users a hosting social network between individuals (hereinafter the " Platform "), Bringing together world travellers wishing to exchange or simply share all or parts of their housing (hereinafter " Housing ") and, more generally, participate in interest groups and communicate on their travels (hereinafter: the " Services ").
As such, the Website allows its users to become in turn hosts offering to host other people in their housing (hereinafter: the " Hosts ") or guests wishing to stay in an apartment (hereinafter: the " Guests "), (Hereinafter designated together:" Users ").
The Platform is accessible through the Website and / or via our mobile application (hereinafter " Application ").
They are accessible and printable at any time by a direct link at the bottom of page of the Website.
They may be supplemented if necessary by special conditions of use for certain services which complement the present general conditions and, in case of conflict, prevail over the latter.
2. Operator of the Platform and Services Contact
This website is managed by the company Tukazza ! SAS (Société par Actions Simplifiées / Joint Stock Company). The website as a whole are owned and registered by Tukazza ! SAS, a company with registered office at 45 Rue de Chabrol 75010 Paris, France.
All trademarks and logos, whether registered or not, displayed on the Website are and will remain the exclusive property of Tukazza SAS.
SIRET: 532 000 783 000 29
N° CEE: FR 575 320 007 83
To contact us please send us an email to firstname.lastname@example.org or call us:
FR: +33 (0)1 82 83 49 30
UK: +44 (0)20-3808-3809
ES: +34 911 23 07 63
3. Access to the Platform and Services
3.1 Legal capacity
Platform and Services are available to any natural person with full legal capacity to engage under these terms. An individual who does not have full legal capacity can not access the Platform and Services with the consent of his legal representative.
3.2 Platform and Services dedicated to individuals
Platform and Services cater exclusively to individuals and are not designed for professionals, understood as all natural or legal persons engaged than occasionally remunerated activity in all sectors including related accommodation.
4. Acceptance of Terms
The acceptance of these terms by the Users who register on the Website is materialized by a click on the "Registration" button. This acceptance can only be full. Each accession subject is considered null and void. Users who do not agree to be bound by these terms and conditions must not access the Website or use the Services.
5. Registration on the Platform
5.1 Use of the Services requires that users register on the Platform, using the form provided for this purpose.
To register on the Platform, the User must:
- Either learn an email address and complete the registration form available on the Website.
- Or be enrolled in one of the third party Websites listed on the platform and use its login credentials to the third party website to register on the Website. In this case, it must provide the Company if any additional information requested. The User expressly authorizes the Company to access data from their account on the third party website concerned.
In all cases, the user must provide the Company with all the information marked as mandatory. Any incomplete registration will not be validated.
5.2 Registration automatically lead to the opening of an account in the name of the User (hereinafter: " Account ") as well as subscription to the monthly newsletter.
5.3 Account allows the user to have access to a personal area (hereinafter: " Space Staff ") that allows it to manage its use of the Services in a form and according to the technical means, that the Company deems most appropriate to make such Services.
The User guarantees that all the information communicated to the Company are accurate, current and truthful and are not vitiated by any misleading.
He agrees to update this information in its Personal Area for changes so that they always meet the above criteria.
The User agrees and understands that the information entered to creative purposes or update their Account are worth proof of identity. The information entered by the User agree upon validation.
5.4 The user can access at any time to his personal account after identifying himself using his login ID and his password.
The User agrees to use the Services personally and not to allow any third party to use in its place or on its behalf, except to bear full responsibility.
6. Description of Services
The user has access to the following services according to the features and technical resources that the Company deems most appropriate.
Some services are provided free of charge; others are optional and paid according to the information given on the Platform.
6.1 General Description of the Platform
6.1.1 The Points System
The Platform operates on a point system (hereinafter " Points ") Users win when proposing and / or put their housing provision and use of a Guest when staying in a host home.
Points can be used in order to get hosted and participate in events or competitions offered by the Platform; they can also be transferred as a gift to another user.
6.1.2 The evaluation of a housing
Platform assigns each housing a number of points per night, calculated according to the characteristics of Housing.
The user has the possibility to contact the Company, under the conditions described on the Platform, to seek changes in the number of points assigned to housing if it considers that it has been misjudged.
In case of divergence evaluation, the final decision to award a number of points per night belongs to the Company.
Once the points have been awarded by the Company, the User has the ability to modulate it upwards or downwards from his Personal Space, within the limits mentioned on the Website.
This modulation faculty allows the User to adapt the evaluation of its housing and the number of points related to the seasons and / or periods of attendance.
6.2 Services offered to users free of charge
6.2.1 Creating a Profile
The Company provides the user a profile page on the Platform (hereinafter the " Profile "), That can complement through its Personal Area.
The User may in particular least include a presentation and describe his travels and needs.
The platform allows the user to add an Image Profile, photographs and texts (hereinafter " Contents ").
Only certain elements of the profile are freely accessible by other users as shown on the Platform.
This profile can also be completed by other users including additional information such as comments or any other criteria informed by the community Users.
6.2.2 Create and Publish an Ad
The use of all the services requires the active user's account by creating and publishing an advertisement for an apartment he proposes to share and / or share with other users (hereinafter the " Ad "Included in the concept of" Contents ").
The User must provide information designated as mandatory for the announcement, including the address, capacity, size, features, availability, rules and conditions associated with the housing.
The user can create and publish multiple ads, and manage them from his Personal Area.
Once created by the user, the announcement is automatically posted on the Website.
Each announcement mentions the number of Points required to reserve an apartment.
6.2.3 Viewing an Ad
The ads are freely available on the Platform by other Users.
The platform allows users to search using the search tabs Platform ads based on the elements learned about them.
Users can also save searches they carry out and add ads to their favourites.
6.2.4 Access to Private Messaging
For each announcement, the Platform provides Users private messaging for the Host and potential guests exchange including the availability and characteristics Housing (hereinafter " Messaging ").
Users are expressly informed and agree that the Company may at any time access to messages exchanged through the Messaging and rely on them, if necessary, to enforce its rights, including through legal action.
6.2.5 Creating a travel project
The user has the ability to create travel plans on his profile, in particular by filling the dates, location and type of housing desired.
The Platform will then offer the User ads matching his travel plans.
The user will be able to contact the host to make a reservation of its housing, under the conditions of section 6.3.1.
6.2.6 Comments and Ratings Profiles
The platform allows the user to leave a comment on the profile of another user and assign a note (Hereinafter included in the term " Contents ").
These elements will be visible to other users on the profile.
6.2.7 Private and public groups
The User can join discussion groups about travel and about various subjects.
These groups are created and administered by the Company.
Users in the faculty suggest the creation of focus groups to the Company in the manner specified on the Website.
6.2.8 Friends list
The user has the option of setting up a list of friends with other Users.
Each user has the ability to accept or decline a friend request.
The user also has the ability to remove a friend from his list or to withdraw from a friends list.
6.3 Services offered to users for a fee
6.3.1 Reservation of accommodation
The platform allows the guest to make a reservation request for a residence from an announcement, by filling in the dates of their stay.
The Host has the option to accept or refuse a reservation request.
If accepted by the Host, the Host and the Guest have access to all of their profiles, including understanding their telephone numbers and emails.
For each booking of accommodation, the Guest will pay fees (hereinafter: the " Related development costs "), calculated in particular according to the duration of the booking and the evaluation of the housing.
The confirmation of booking an apartment is subject to payment by the Guest of the number of points the stay and payment by the Guest linking costs.
As confirmation of the reservation of accommodation, the Company is no longer involved in the relationship between the guest and host. Its action is therefore limited to the creation of a link between these for booking an apartment.
The Guest and Host are expressly informed and accept that they provide only management suites booking an apartment including any requests for cancellation or modification date, which may not give rise to any refund Points on the platform.
6.3.2 Buying Points
Users have the ability to purchase Points on the Platform Points if his point capital does not allow him to book an apartment for the stay he wishes to achieve.
6.3.3 Proof of identity and residence
¬ Downloading a credential
The user has the ability to download, from his personal account, proof of identity in order to prove his identity to other Users.
The user profile will be marked "verified identity."
¬ Downloading a proof of address
The user has the possibility to download from his Personnal Space, proof of address in order to justify the address of his residence to other Users.
Housing will be marked "Housing verified".
6.4 Other Services
The Company reserves to provide any other service it deems appropriate, in a form and depending on the features and technical means it deems most appropriate to make such Services.
7. Financial conditions relating to paid Services Article 6.3
Prices for Paid Services are shown on the Platform.
Unless otherwise specified, prices are expressed in Euros and include all French taxes.
The Company reserves the right, in its free discretion and in a manner in which she will be the only judge, of making promotional offers or discounts.
7.2 Price revision
Prices may be subject to revision by the Company at any time at its own discretion.
The new prices will apply for Services subscribed following their entry into force.
Use of the Services will be object of bills to be communicated to the User by any useful means.
7.4 Terms of payment
The price of services is due at their command.
Payment of the price Services may be made online by credit card through the secure payment service PayPal online or by any other means that will be offered on the Platform.
The User warrants to the Company that it has the necessary permissions to use the payment method.
7.5 Delays and payment incidents
The User is informed and accepts that any late payment of all or part of an amount due at maturity will result automatically, without prejudice to the provisions of Article 14 and without prior notice:
(i) early repayment of all sums due by the User and acceleration clauses;
(ii) the immediate suspension of ongoing services until full payment of all sums due by the User;
(iii) Billing for the benefit of the Company at a penalty interest at the rate of 1.5 times (time and a half) the rate of legal interest, based on the amount of all sums due by the User.
8. Right of withdrawal
8.1 Users are expressly informed and agree that the Services provided in sections 6.3.1 and 6.3.3 are provided immediately upon their order and are thus fully executed before the end of the withdrawal period that would otherwise be applicable 14 days. Consequently, they expressly waive their right of withdrawal, which can not therefore be exercised in accordance with Article L.121-21-8 of the Consumer Code.
8.2 As part of using the Services provided by Article 6.3.2 hereof, the User has a withdrawal period of 14 days from the payment of his order In accordance with Article L.121-21-5 of the Consumer Code. To do this, the user must explicitly and in writing to waive his right of withdrawal by completing the form proposed in the manner indicated on the Platform.
When the right of withdrawal is exercised before the expiry of 14 days referred to above, the Company shall repay the User the total amount paid no later than 14 days after the receipt by the Company of the request of withdrawal.
The User expressly agrees and understands that the points purchased under Article 6.3.2 hereof and used for reservation purposes of housing can be no right of withdrawal.
9. Duration of Services unsubscribe
The Services are subscribed for an indefinite period.
Users may unsubscribe Services at any time, as follows:
- by sending a request to this effect to the Company by email, the contact details mentioned in Article 2
- or directly from the Personal Area.
Deregistration is effective within a maximum of seven (7) days of the request. It will automatically delete the User's Account.
The user has the opportunity to sponsor one or more persons of his knowledge so that they fit in turn as a User on the Platform.
The godfather and godson User will be offered the advantages described on the Platform, under the following conditions:
(i) The godson User must inform any information requested of him to identify his godfather,
(ii) The godson User must complete the registration and activate their account in accordance with Section 5.2 hereof.
It is strictly forbidden to Users to delete their account and create a new one in order to benefit once sponsorship. The Company reserves the right to remove any account set up in violation of this prohibition.
Except from exceptional statement on the Platform, sponsorship cannot be combined with other promotional offers.
11. User Obligations
Without prejudice to other obligations hereunder, the User agrees to comply with the following obligations.
11.1 The User agrees, in its use of the Services, to respect the laws and regulations and does not infringe the rights of third parties or the public order.
He is responsible for the fulfilment of all formalities including administrative, fiscal and / or social security contributions and all payments or taxes of any kind imposed on him if necessary in connection with its use of the Services. The liability of the Company shall in no event be liable as such.
11.2 The user must ensure that he has a consistent and insurance valid for the use of services offered on the Platform.
11.3 Users are solely responsible for their use of the Services including relationships he will build with other users and the information he communicates to them as part of the Services. He is to exercise caution and proper discernment in these relations and communications.
As part of their discussions relating to an announcement, the user has the option to request supporting documents enabling it to verify compliance of identity or residence in relation to the profile and the advert.
The user always has the option to refuse his apartment reservation.
The User further agrees in his trade with other users, to the customary rules of politeness and courtesy.
11.4 The User agrees to take care of his Host Housing and not to cause damage.
The User agrees to return the apartment in the same clean condition it was left to him upon his arrival.
The User agrees to immediately contact their host in case of damage or deterioration of the housing or property contained within the housing of its actions or those of persons accompanying during his stay.
The User agrees not to cause vis-à-vis neighboring nuisance Housing.
The User agrees to comply with any instructions given by hosting his host
11.5 When traveling abroad, the User agrees to learn about local laws and regulations, including visa and residence permits.
11.6 The User agrees to a strictly personal use of the Services. It is therefore forbidden to assign, or transfer any of its rights or obligations hereunder to a third party in any manner whatsoever.
11.7 The User agrees to provide the Company with all the information necessary for the proper performance of the Services. More generally, the User agrees to cooperate actively with the Company for the proper execution hereof.
11.8 The User acknowledges that the Services offered him an additional solution, non alternative of exchange and housing sharing and generally discuss his travels and that this solution does not replace other means which the User may have from other sources, to achieve the same goal.
11.9 The User must take the necessary measures to safeguard the information of his personal account that he deems necessary, since no copies will be provided.
11.10 The User is informed and agrees that the implementation of the Services requires that he be connected to the internet and the quality of services depends directly on that connection, for which he is the sole responsible.
11.11 Users are solely responsible for the content of any kind (textual, graphic, audio, visual or otherwise, including the name and / or eventually chosen by the User picture to identify the Platform) which he diffuses in the Services (hereinafter referred to as: the " Contents ").
It guarantees to the Company that it has all necessary rights and permissions to the distribution of such Content.
He agrees that the said contents are lawful, do not undermine public order, morality or the rights of others, do not violate any statutory or regulatory provision and generally are no likely to threaten civil or criminal liability of the Company.
The User agrees not to broadcast the following (but not only):
- pornographic content, obscene, indecent, offensive or inappropriate for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist,
- copyright infringing content,
- content infringing the image of a third party,
- Content untruthful, misleading or offering or promoting illegal, fraudulent or misleading activity, ,
- Contents of harmful computer systems of third parties (such as viruses, worms, Trojans, etc.)
- and more generally Content that may infringe the rights of third parties or be detrimental to third parties in any manner and in any form whatsoever.
11.12 The User acknowledges and agrees to the posting of content on the Platform, he intends to voluntarily and freely participate in the diversity of this information, in the spirit of Community trade. For this reason and for the purpose of implementing the Services:
- He agrees that its contents are distributed free of charge by the Company on the Platform and on all other French or foreign websites, edited by any company with which the Company has agreements,
- He agrees that its contents are disseminated by the Company by any means and in any media for promotion of the Platform,
- He agrees that his Writing and Editing are translated in all languages,
- He acknowledges and agrees that his Content may be subject to change, particularly with regard to their framing, their format and color, as well as alterations or degradation in quality, depending on the technical constraints of the Platform.
- He renounces having to request the Company any remuneration, fee, compensation or financial compensation for this purpose.
12. User Warranty
The User guarantees the Company against all claims, demands, actions and / or any claims that the Company may incur due to the breach by the User of any of its obligations or warranties under these terms and conditions.
He undertakes to indemnify the Company for any damage it would suffer and pay all fees, charges and / or convictions that may incur as a result.
13. Prohibited behavior
13.1 It is strictly prohibited to use the Services for :
- the exercise of illegal activity, fraudulent or activity which violates the rights or safety of others,
- the threat to public order or violation of laws and regulations,
- intrusion into the computer system of a third party or any activity likely to harm, control, interfere or intercept all or part of the computer system of a third party, violating the integrity and security,
- sending unsolicited emails and / or prospecting or commercial solicitation,
- operations to improve the SEO of a third site,
- using or inciting any form and by any means whatsoever, to one or more of the above described acts and activities,
- and more generally any practice diverting Services for purposes other than those for which they were designed.
13.2 It is strictly forbidden for Users to copy and / or divert their goals or those of a third party in concept, technology or any other element of the Platform of the Company.
13.3 The following are strictly prohibited: (i) any behavior likely to interrupt, pause, slow or prevent the continuity of services, (ii) any intrusions or attempted intrusions into corporate systems, (iii) any misuse of system resources Platform, (iv) any action likely to impose a disproportionate burden on the infrastructure of the latter, (v) any infringements of security and authentication measures, (vi) any act likely to prejudice the rights and financial, commercial or moral of the Company or the users of the Platform, and finally more generally (vii) any breach of these terms and conditions.
13.4 It is strictly forbidden to make money, sell or license all or part of the Services or access to the Platform, as well as information that is housed and / or shared.
14. Sanctions breaches
In case of breach of any provision of these terms or more generally, violations of the laws and regulations by a User, the Company reserves the right to take appropriate action including:
(i) suspend, remove and / or prevent access to the User's Services, for the person, who committed or participated in committing the offence.
(ii) remove any content posted on the Site,
(iii) publish on the platform any informational message that the Company deems appropriate,
(iv) advise any concerned authority,
(v) to initiate legal proceedings.
15. Liability and Warranty Company
15.1 The Company agrees to provide the Services with due diligence and in accordance with the rules of the art, it being specified that weighs on an obligation of means to the exclusion of any obligation of result, which Users acknowledge and accept specifically.
15.2 The Company has no knowledge of the content posted by users in the Services, on which it performs no moderation, selection, audit or control of any kind and for which it acts only 'as a hosting provider.
Accordingly, the Company cannot be held responsible for the content, authored by third parties, any claims should be directed first to the author of the content in question.
Content which is harmful to a third party may be notified to the Company as provided by Article 6 I 5 of the Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, the Company reserves the right to take the measures described in Article 14.
15.3 The Company is not, a travel agency or a real estate agency.
It acts as a broker in that it provides provision of services described in these terms. Its sole purpose is organizing a social network between users in the field of travel and accommodation and provide the means to share their experiences, to edit content and find travel opportunities and Lodging.
Its responsibility is limited to the provision of means described herein.
The Company is not responsible for the content and profiles and ads broadcast on the Platform, of updating, their relevance or adequacy of, and / or expectations of other Users.
In the context of services credentials download and / or domicile under article 6.3.3, the Company verifies that the correlation between the elements entered in the User Profile and / or an announcement and the downloaded documentation.
The Company does not verify the truth of information present on the Profiles or User ads.
15.4 The Company acts in its own name and does not pass any legal act in the name and on behalf of the Users.
The Company is not a party in the relations maintained by the users among themselves or with third parties via the Platform and shall in no event be held liable in respect of the difficulties that may occur during their exchanges, especially when the conclusion or performance of any contracts or be party to some potential litigation whatsoever, including for the provision or restoration of dwellings between Users between them, or between a user and a third party due to collected and / or shared content, or because of comments made by Users and / or third parties.
However, in order to constantly improve the quality of services, the Company invites users to submit all comments and information they may wish to bring to attention on the quality of services.
15.5 The Company disclaims any liability for any loss of information available in the User's Personal Space, the latter must save a copy and cannot claim any compensation under this head.
15.6 The Company undertakes to carry out regular checks to verify the functioning and accessibility of the Platform. As such, the Company reserves the right to temporarily suspend access to the Platform for maintenance reasons. Similarly, the Company cannot be held responsible for any difficulties or momentary impossibilities of access to the Platform that would originally have external circumstances, force majeure, or that would be due to disruptions in telecommunication networks.
15.7 The Company does not guarantee to Users (i) that the Services, subject to a constant search to improve particular performance and progress will be completely free of errors, faults or defects, (ii) that the Services, as standard and not offered for the sole purpose of a given user based on his own personal limitations, specifically meet their needs and expectations.
15.8 In any event, the liability that may be incurred by the Company hereunder is expressly limited to direct damages proven and sustained by the User.
16. Intellectual property of the Company
Systems, software, structures, infrastructure, databases and content of any kind (text, images, video, music, logos, trademarks, database, etc ...) operated by the Company within the platform are protected by all intellectual property rights or rights of producers on existing databases. All disassembly, decompilation, deciphering, extractions, re-use, copy and, more generally, any act of reproduction, dissemination and use of any of these elements, in whole or in part, without the authorization of the Company is strictly prohibited and may be subject to prosecution.
17. Personal data
The Company practices a personal data protection policy, its characteristics are explained in the document "Charter on the protection of personal data" which the User expressly invited to view.
The Company reserves the right to insert all advertising or promotional messages on any page of the Platform and other communication to users in a form and under conditions for which the Company will be the sole judge.
19. Links and other websites
The Company shall in no event be liable for technical availability of websites or mobile applications operated by third parties (including any partners) to which the user would have access via the Platform.
The Company is not responsible for transactions between the User and any advertiser or professional trader (including any partners) to which the user is guided through the Platform and can in no be a party to potential litigation whatsoever with these third parties for including the delivery of products and / or services, guarantees, representations and any other obligations to which such third parties are required.
The Company reserves the right to modify these terms and conditions at any time.
Users will be informed of such changes by any useful means.
Users who do not accept the modified terms and conditions must unsubscribe to the Services as provided for in Article 9.
Any User who uses the Services after the entry into force of the amended terms is deemed to have accepted these changes.
In the event of a translation of these terms in one or more languages, language interpretation will be French in case of conflict or dispute about the meaning of a term or provision.
22. Applicable law and jurisdiction
These general conditions are governed by French law.
In case of dispute about the validity, interpretation and / or execution of these general conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction to judge, except mandatory procedural rules otherwise.
23. Entry into force
These general conditions are effective on 11/01/14