Article 1 – Identification
OKANKO SAS, whose registered office is 40 Place du Théâtre, 59800 Lille, registered under no. 838 658 821 in the Lille Metropole Trade and Companies Register (hereinafter the “Publisher”).
Article 2 – DEFINITIONS
In this document, the following terms have the meanings set out below:
G.T.C.s or Contract: the present general terms and conditions of sale and use applicable to professionals and binding the Professional to the Publisher.
Internet user: means any individual browsing the Site. This term includes Users.
Party: refers to the Publisher and the Professional.
Professionals: any hotel, restaurant and/or business offering activities to tourists wishing to be listed on the Site to be indexed on the Site and present its services to Internet users.
Site: the website accessible at the URL “www.holiable.com” indexing eco-friendly tourism businesses.
User: refers to any Internet user who has registered on the Site and can thus leave a review/comment/opinion about the Professionals indexed on the Site
Article 3 – OBJECT
The purpose of these general terms and conditions is to define the terms and conditions governing the indexing of the Professional on the Site.
Article 4 – Applicability of the G.T.C.s
The Professional registers on the Site as a professional and within the framework of his professional activity. The individual who validates the G.T.C. online guarantees that he or she has the power to represent and bind the company he or she registers for.
To be listed on the Site, the Professional must accept these Terms and Conditions by ticking the box provided for this purpose. Any condition to the contrary set by the Professional would, therefore, in the absence of express acceptance, be unenforceable against the Publisher regardless of when it may have been brought to his attention.
These G.T.C. contractually bind the Professional to the Publisher.
The G.T.C.s must, therefore, be respected by all Professionals.
The Publisher reserves the right to modify these G.T.C.s at any time. The version of the G.T.C.s applicable to the Professional is the one in force on the day the Professional accepted them online.
The fact that the Publisher does not invoke any provision of these Terms and Conditions at a given time shall not be interpreted as a waiver of the right to invoke any provision of these Terms and Conditions at a later date.
Article 5 – INDEXING
5.1. Preliminary Information
The Professional acknowledges having verified the suitability of the Site for his needs and having received all the information and advice he needed to register his business to be indexed on the Site with full knowledge of the facts.
In particular, the Professional is informed, and accepts, that his services may be tested and reviewed by the Editor himself and by Users.
The Professional must indicate on the registration form the full identity of his company (Company Identification or V.A.T. number, contact details, , registered office, etc.) as well as all of the following information:
E-mail and password
Contact person: name and surname
After selecting his subscription package, and filled in his information, The Professional is redirected to a secure online payment page to pay by credit card for his subscription. (for a full year or for the first month of his subscription).
When submitting his business to be indexed on the platform, The Professional guarantees that the company is committed to an environmentally friendly, ethical, positive and socially inclusive approach to tourism.
A form must be filled in by the Professional before being indexed on the Site. The information transmitted will be verified by the Publisher. If following this analysis, the Publisher considers that the Professional does not meet the characteristics that would allow him/her to be listed on the Site, the Professional will be informed and will be refunded the amount already paid, if applicable.
The website is not a site for making contact. Nevertheless, the Professional agrees to transmit to Internet Users requesting a quote or reservation, its general terms and conditions of Service (price, V.A.T. or any other tax, the possibility of cancellation, pre-contractual information per Article L.121-17 of the French Consumer Code, etc.).
5.3. How the Platform Works
Internet users access Professionals by selecting the category of services they are looking for (accommodation, food, activities). Once the type has been chosen, Internet users select the country and city. They can refine the search by selecting various additional characteristics, which vary according to the category.
Professionals’ business page are published according to their relevance to the criteria selected by the Internet user, and in chronological order of publication (from the most recent to the oldest). Professionals having opted for the subscription package containing a “featured” label will appear at the top of the page in their category or region, before Professionals who have not opted for the premium subscription.
It is, therefore, up to the Professional to be precise in his or her description. No Professional is favoured over any other
Article 6 – Professional’s Obligations
6.1. Obligations during registration
The Professional agrees to comply with all the regulations that govern its activity, including tax legislation. The Professional is solely responsible for complying with any obligation relating to professional civil liability insurance and guarantees to hold all the accreditations necessary for his activity, where applicable.
The Professional commits to comply with the regulations of the country in which it offers its services.
The Professional undertakes to provide the Publisher with accurate and complete information only. Any misleading information may result in the Professional’s being disqualified from its exclusive liability.
The Professional undertakes to only send the Publisher photos on which he holds the intellectual property rights and image rights if people are present in these photos. Image rights for publication on the website must be sent to the Publisher.
Finally, the Professional undertakes to always be respectful of the principles that govern its indexing on the Site. The Professional commits to inform the Publisher of any change in management and/or any change in commercial policy that would remove the Professional’s qualification as an environmentally friendly business. If the Publisher discovers, directly or through Internet users, that the criteria are no longer met, the Professional may be removed from the website at his sole fault.
6.2 Actions on the Site
The Professional may create Content (namely a page presenting his business) that will be visible online on the Site, by all Internet users.
The Professional is solely responsible for the Content that he submits on the website. He/She declares being the author or having all the necessary rights or authorizations for all the Content uploaded on the serves or published on the Site.
In this respect, the Professional declares that he holds the intellectual property rights and/or authorizations for the reproduction and representation of the Content that he uploads and for which he uses the website. The Publisher cannot be held responsible for the non-respect of this clause. If the Professional has any doubt as to the extent of the rights he holds, he undertakes to inform himself with the author or the rightful owner of the intellectual property rights on the Content he wishes to publish on the Site and to acquire the necessary rights before creating his Content.
The Professional undertakes not to upload or submit any content containing or likely to contain viruses or programs that destroy data. The Professional also agrees to verify reasonably that the Content that he uses does not contain viruses or programs that may, in particular, disrupt the operation of the Service or cause any harm to other users of the Site.
The User is entirely responsible for any creation, transmission or publication of Content using the Site and for the consequences of his or her actions.
The use of the Site, and in particular the publication of Content, is carried out under the sole responsibility of the Professional and within the limits of the intellectual property rights that he holds and/or has obtained. It is up to the Professional to respect the rights of third parties.
The Professional also undertakes to publish on the website only Content that strictly complies with the law, public order and good morals. The Professional is informed that the Content must be viewable to all members of the public, including minors.
In particular, the Professional undertakes, without this list being considered as restrictive:
– not to use any Content and not to disseminate any message or information of an abusive, defamatory, racist, xenophobic, revisionist nature or that is damaging to the honour or reputation of others, inciting discrimination or hatred of a person or group of persons because of their origin or their belonging or not belonging to an ethnic group, a particular nation, race or religion, threatening a person or group of persons, of a pornographic or paedophilic nature, inciting to commit a crime, a crime or act of terrorism or any other offence, violating the rights of others and the security of persons and property;
– to respect the rights of others, and in particular: personality rights (such as the right to one’s image, the right to privacy), trademark rights, copyright and rights related to copyright, and in general the rights of persons and property.
The Professional generally guarantees that its Content complies with the regulations in force and does not infringe the rights of others.
The Professional acknowledges that Content considered to contravene the laws or regulations in force may be handed over by the Publisher to the authorities responsible for enforcing the law and removed from the website without notice or payment of compensation.
6.3. Non-respect of the obligations
Failure by the Professional to comply with the points mentioned above, and in particular any violation of the regulations applicable to the Professional, any failure to abide by the principles allowing the listing or any complaint by an Internet User, shall entail the right for the Publisher to deregister the Professional without prior notice, or any indemnity or compensation whatsoever. The Publisher reserves the right to take legal action if necessary.
The sums paid for the subscription in progress on the day of the cancellation will not be refunded.
Article 7 – Liability of the Editor
The Publisher will make every effort to ensure that the Site is accessible 24 hours a day and 7 days a week and will do its best to ensure that it operates reliably and continuously, but cannot guarantee uninterrupted and error-free operation. The Professional acknowledges in particular that no one can guarantee the proper functioning of the Internet network. The Publisher does not guarantee that the website will be free of anomalies or errors, nor that these can be corrected.
The Publisher does not guarantee in any case that the Professional’s indexing will bring him an increase in his turnover.
Reviews/ Comments posted by Users are all subject to moderation before publication to remove any derogatory or inappropriate terms. The Publisher is not responsible for opinions published by Users and does not censor negative opinions.
The Professional has a right of reply which will be published on the Site. The Professional may also notify the Publisher by e-mail of any doubt regarding the authenticity of a review, provided that the reason for this notification is substantiated.
In general, the Publisher may not be held liable for any damage caused by an act of force majeure, by the Professional himself or by a third party, nor for any indirect loss.
If the Publisher’s liability is engaged, the amount of compensation may not exceed the totality of the invoices paid by the Professional to the Publisher during the two (2) years preceding the adverse event for which the Publisher’s liability is engaged.
Article 8 – Intellectual Property
The Professional grants the Publisher, free of charge, worldwide and for the duration of the subscription, the representation and reproduction rights on the Internet and any other network for the contents transmitted or published on the Site. These contents may be text, photos, images, logos, brand names.
The Professional guarantees to be the holder of the rights or to have obtained the licences allowing him to grant this licence. If the Publisher’s liability concerning the use of the Professional’s Content is engaged by a third party, the Professional undertakes to bear the costs related to the Publisher’s defence as well as any possible sanction or payment of damages to which the Publisher may be condemned.
Article 9 – Duration / Termination
The subscription is valid for one (1) year, starting from the Professional’s registration and payment. The publication of the business page will be made once Holiable has carried out the necessary verifications. The average publication period is three (3) days from the payment of the subscription.
The subscription is tacitly renewable for equivalent periods unless an e-mail or letter of non-renewal is sent at the latest one (1) month before the renewal date.
Furthermore, in the event of a breach of this agreement by one of the Parties, the Party that is the victim of the offence may terminate this agreement, after formal notice sent by mail or e-mail has remained without effect for thirty (30) days, or without official notification in the event of a severe breach as specified herein.
The Publisher may also terminate the subscription without formal notice in the event of a complaint by an Internet User against the Professional. The Professional will be allowed to respond to the complaint before any termination of his subscription.
Any month/year (depending on the payment schedule chosen by the professional) started shall not give entitlement to a refund.
Article 10 – Invoicing / Payment
The annual subscription can be paid in one lump sum or monthly. The subscription price is specified on the Site in excluding V.A.T.
Invoices are sent every month or every year, on the day (for monthly invoices) or on the date (for annual invoices) corresponding to the day or time on which the subscription was taken out (example: subscription ordered on 15/02, monthly invoices will be sent on the 15th of each month, the annual invoice every 15/02).
Invoices are due on the due date. The invoice is payable in euros, by credit card, on the day it is sent.
Payment is made by credit card. The payment service provider is Payzen, which ensures secure payment.
The Publisher does not collect any information relating to the Professional’s credit/debit card. Payment may also be made by Direct Bank transfer.
The Publisher does not offer discounts.
The business pages will be visible to the public, one payment is cleared on the Publisher’s account.
Any delay in payment by the Professional after the contractually agreed due date is deemed to constitute a sufficiently serious breach by the Professional and entails the right for the Publisher to suspend the Service after a formal notice has remained without effect for five (5) days.
Per article L.441-6 of the French Commercial Code, in the event of non-payment of all or part of an invoice (or of any other sum due by the Professional under the Contract) within the contractual deadlines :
(i) any unpaid amount shall automatically generate late payment interest from day to day until the date of its full payment in principal, interest, costs and accessories, at a rate equal to three (3) times the legal interest rate, without the need for a reminder and without prejudice to the damages that the Publisher reserves the right to seek in a court of law;
(ii) following Article L. 441-6 Commercial Code, a fixed indemnity for collection costs of 40 € will be payable by the right for each invoice concerned. Per Article L.441-6 of the French Commercial Code, the collection costs, justified on the invoice, of the sums unpaid by the Professional (procedural costs, expenses, disbursements and lawyer’s and bailiff’s fees) are deemed to constitute an accessory to the Publisher’s claim and are fully payable by the Professional.
Article 11 – Transfer
The Professional expressly agrees not to transfer, whether in return for payment or free of charge, all or part of the rights and obligations it holds as a result of this Contract.
Any change in ownership or management must be indicated to the Provider, as this change will result in termination of the subscription unless the Publisher gives written agreement to continue it if the new owner or manager guarantees that he will preserve the business’s sustainable tourism policy.
Article 12 – Protection of personal data
12.1. Processing of the Professional’s data
The personal information that is requested from the Professional’s contact (surname, first name, address, e-mail, telephone) is necessary for the performance of this Contract. The Publisher is responsible for the processing. The sole purpose is the proper performance of this Contract.
They may be transmitted to the Publisher’s administrative services, to Internet users upon request, to subcontractors and to legal auxiliaries in the event of litigation. The data is hosted in the E.U. and is not transferred outside the E.U.
The legal basis of the processing is this Contract. The Professional’s data shall be kept for the period necessary for the conservation of the commercial contracts.
The Professional is informed that he may exercise, following the provisions of Law 78-17 of 6 January 1978 as amended and the RGPD, his rights of access, rectification, opposition, deletion and portability by contacting the Publisher by telephone or e-mail.
The Professional’s personal data are secured according to the rules of art.
If his rights are not respected, the Professional may contact the CNIL.
The Publisher does not collect banking data, the payment is carried out via the Payzen service provider. Payzen is fully responsible for processing when it collects contact data from the Professionals.
12.2. Claimant data transmitted by the Publisher to the Professional
The Professional also undertakes to respect the law of 6 January 1978 as amended and the RGPD for the personal data of Internet users that it collects via the Site.
It is the Professional’s responsibility to transmit to Internet Users all the information set out in article 14 of the RGPD as soon as he owns personal data concerning them.
The Publisher shall not be held liable for the violation by the Professional of the regulations on personal data
Article 13 – Generalities
The invalidity of one of the clauses of the G.T.C.s in the application of a law, a regulation or following a decision of a competent court which has become final and conclusive shall not entail the invalidity of the other clauses of the G.T.C.s, which shall remain in full effect and scope between the parties.
Nothing herein shall be deemed to have been set aside, supplemented or modified by one of the Parties without a prior written act signed by the Parties’ authorized officers in the form of an amendment to these G.T.C.s, expressly deciding to set aside the application of a contractual clause, to supplement or modify it.
The fact that the Publisher does not avail itself at a given time of any of the clauses of this Contract, and/or of a breach by the Professional of any of its contractual obligations may not be interpreted as a waiver by the Publisher of its right to subsequently avail itself of any of the said clauses or contractual obligations.
Article 14 – Applicable law
These G.T.C.s are subject to French law.
Article 15 – Settlement of disputes
Any dispute arising from the interpretation or execution of these G.T.C.s will be the subject of an attempt at an amicable settlement.
In the absence of an amicable solution between the parties, any dispute that may arise between the parties shall be subject to the jurisdiction of the competent courts within the jurisdiction of the Lille Court of Appeal if the Professional is not a trader.
IF THE PROFESSIONAL IS A TRADER, THE COMPETENT COURT WILL BE THE COMMERCIAL COURT OF LILLE.