TERMS AND CONDITIONS OF USE
OKANKO SAS, whose registered office is 40 Place du Théâtre, 59800 Lille, registered under no. 838 658 821 in the Lille Trade and Companies Register (hereinafter the “Publisher” or “Holiable”) is the owner of the website accessible at the URL www.holiable.com (hereinafter the “Site”).
These terms and conditions constitute a contractual agreement, with no time limit.
By registering on the Holiable site, the user acknowledges having read and accepted the GTU.
DEFINITION OF TERMS
Capitalised terms have the following meanings:
Comments: Users may comment on articles in the news section of the site.
Tourism Business: Any organisation or company operating in the Lodging, Catering, tourist or leisure activities industries.
Internet User: The user who consults/visits the site.
Listing: Descriptive page of a business, including its contact details, a description of its eco-friendly characteristics and its location.
Service(s): All the websites published by OKANKO SAS, its partners, founders, directors or employees (hereinafter referred to as “Holiable”).
Site: refers to the website accessible at the URL www.holiable.com.
Review / Opinions: The descriptive pages of the businesses, or listings, may be the subject of reviews by users.
User: The Internet user who has created an account on the Site allowing him/her to post reviews.
DEFINITION OF SERVICES
Holiable is a platform dedicated to sustainable tourism and responsible travel.
Holiable indexes Tourism businesss around the world that have environmentally friendly characteristics and sustainable tourism practices.
The Service allows Internet Users to search for accommodations, restaurants and leisure activities engaged in sustainable tourism. Different selection criteria allow the Internet user to refine his search.
The site allows Tourism Businesses to gain visibility among Internet Users by creating a Listing, governed by the general terms and conditions of Sales.
APPLICABILITY OF THE TERMS AND CONDITIONS
Any Internet user can consult the content of the site free of charge.
The Internet User who creates an account guarantees that he/she is at least 15 years old and has the capacity to contract.
The registration of the Internet User is necessary to :
– Share a review, on a Tourism Business already indexed on the platform
– Suggest a business to be added to the site
Registration is done by communicating a username and an email address, or by using social networks such as Facebook® or Twitter.
By registering through social networks, the user only communicates his e-mail address to Holiable. Under no circumstances will Holiable have access to any other personal data about the user’s social accounts, publish in its name or view its private publications.
The personal data that the User consents to communicate via registration will only be used for the following purposes:
– Identification on the site;
– Reminder of identifiers in case of loss;
– Sending information that Holiable believes may be of interest to the User (newsletters, contests…).
The User inserts an identifier (email address) and a password that will allow him/her to connect to the Site. Passwords are strictly personal and confidential. Users undertake to keep them secret and not to disclose or transmit them in any form whatsoever. Access to the Site may not be transferred, sold or distributed in any way whatsoever.
In case of loss or theft of the login or password, the User must notify Holiable immediately by email.
The user may unsubscribe from the Site at any time either directly through his account page using the “suppress my account” function or by sending a request to firstname.lastname@example.org.
A confirmation of the unsubscription will be sent by mail at the end of the unsubscription which takes effect on the date of this confirmation by HOLIABLE.
COOKIES AND PERSONAL DATA
SUGGEST A LOCATION
Users can suggest to Holiable to index a business which they consider as eco-friendly and which they wish to make known to the other Internet users.
Individual Users have access to this service free of charge.
The suggestion is made by filling in a form with some mandatory fields marked with an asterisk (*). For example, they must give a description, the name of the business or its eco-friendly characteristics.
When submitting the form, the User has the option to add pictures to his suggestion.
By uploading photos to the form, the User accepts and graciously grants Holiable the right to use, reproduce, modify, adapt, translate, publicly display them on the Website or to use them in its communication tools, in particular on social networks, for the entire world and for the duration of the protection period.
The personal data collected during the User’s submission is limited to the strictly necessary: Last Name, First Name, Email Address.
The email, allows Holiable, to send a confirmation to the User in case the suggested business is selected.
Once sent, the form will be reviewed by the administrators of the Holiable Site. The administrators grant themselves the right to modify or add items. Holiable reserves the right not to index or publish any form concerning the business if it does not correspond to the criteria or the purpose of the Site.
Any User suggesting an Tourism Business is committed :
– to provide exact information concerning the tourism business he is proposing
– not to create a false “user” account reserved for private individuals if he represents a Tourism business
– to ensure and warrant to Holiable that it holds the rights to the photos it transmits on the Site.
INDEXING OF TOURISM BUSINESSS
When searching on the Site, Internet Users access a list of one or more Tourism businesses, where applicable.
This list classifies the Tourism businesses according to the criteria chosen by the Internet User.
It is specified to the Internet User that in order to be indexed, the Tourism businesss sign up for a free or a paying subscription. Businesses appearing with a FEATURED badge are businesses that have opted for a premium subscription.
To be able to take out a subscription and therefore be listed on the Website, Institutions must fill in a form. Holiable thus verifies that the Tourism business complies with the values and practices advocated by the Site. However, if the Internet User’s experience contradicts the description of the Tourism business, the Internet User shall inform the Website so that the Tourism business can be removed from the list if necessary.
A Tourism business is removed from the Site at the end of its annual subscription if it does not re-subscribe or if changes in the values, practices or policies of the Tourism business no longer allow it to be listed on the Site.
VIEWS AND COMMENTS
Submitting a comment requires, to communicate your name, and your email. The User’s email will never be published on the Site.
The submission of a comment on a tourism business requires to be registered on the platform.
Reviews reflect the subjective opinion of Users on their experience, and Holiable cannot be held responsible for the comments made by its Users.
Any comments or opinions will be moderated by the administrators before publication. In the event that the review contains an element prohibited by the following article, it may not be published or be edited prior publication so that the prohibited element does not appear.
The review will be published within 24 hours (working days) after submission. Once published, a notice cannot be modified.
Users cannot sue Holiable if their review or comment has been moderated or not published. In the latter case, Holiable will inform the User by e-mail of the reasons for rejecting the notice.
The User does not obtain any retribution in exchange for a review. If the User wishes to have his review deleted, the User may send Holiable a request by e-mail. Upon termination of the User’s account, all reviews posted by the User will be deleted. In addition, reviews concerning a deregistered listing are deleted.
Reviews are classified by chronological date of publication, from the oldest to the most recent.
Any User submitting an opinion on an tourism business or a comment on an article undertakes not to disseminate through the site, the following type of content :
– Content (text, data, graphics, image) that is false, illegal, defamatory, abusive, obscene, pornographic, indecent, threatening, degrading, invasive of privacy, abusive, fraudulent or otherwise objectionable;
– Content that infringes the rights of third parties, in particular any intellectual property rights, image rights, or privacy rights ;
– Content that disparages or denigrates the activities or reputation of an individual or company;
– Content likely to violate public order or contravene legal provisions relating to defamation, the protection of minors and minorities;
– Content of a religious, political or racial nature;
– Content promoting or encouraging illegal activities, criminal offences or providing information on how to commit them;
– Advertising content;
– False content concerning a Tourism business. The User may be asked to prove that his opinion is well-founded (photo, the transmission of the ticket or invoice of the Tourism business,…).
Any comment or review will be moderated by the administrators before its publication. Holiable reserves the right not to publish reviews or comments that meet the above criteria.
Users agree to use the Site in a fair manner, in accordance with its professional purpose and in accordance with the legal and regulatory provisions, these Terms and Conditions and the practices in force.
Each User therefore undertakes never to :
– Transmit, publish, distribute, store or destroy any material, in particular Holiable’s content, in violation of any applicable laws or regulations regarding the collection, processing or transfer of personal information ;
– Create fake profiles;
– Obtain passwords or personal identifying information from other Users and/or attempt to impersonate or impersonate any person;
– Endangering or attempting to endanger the security of the Site and its Users by attempting to scan, monitor or test the vulnerability of a system/network, or by transmitting/activating computer viruses.
Violations of system or network security may result in civil and criminal prosecution.
The Site made available to the User is the full, complete and exclusive property of Holiable.
Holiable, its suppliers, or their successors and assigns are the owners of all intellectual property rights relating to the Site.
Only Holiable’s team is authorized to work on the Site to ensure its maintenance and updating.
The Site is a work of the mind that the Internet User is prohibited from using:
– To copy or reproduce, represent, modify, transmit, publish, adapt in whole or in part by any means and in any form whatsoever;
– To use otherwise than in accordance with the strictly interpreted provisions of these TOS;
– To translate or transcribe into any other language or language, or to adapt it or add to it any object that does not conform to its specification;
– To decompile the Site or to carry out reverse engineering.
The Site remains the property of S.A.S Okanko and is protected by copyright.
The User remains the owner of its Content but may not under any circumstances retrieve or use the Content of other Users without their permission.
Any violation of this article and of the GTU in general may result in the closure of the User’s account without notice or payment of compensation.
Any Internet User discovering illegal Content as defined above is requested to inform Holiable without delay via the contact form https://www.holiable.com/contact/. Holiable will remove the content as soon as possible.
HOLIABLE shall not be held responsible for any interruption of the site for technical, (material or equipment), administrative or legal reasons.
It shall also be released from any liability in the event of direct damage caused by a case of force majeure, the Internet user or the User himself or herself or by a third party, as well as in the event of indirect damage.
HOLIABLE may at any time definitively cease the activity of the Website, without this giving rise to any right to compensation for the Internet Users.
LIABILITY RELATING TO THE SERVICE
As Holiable is an indexing site, it does not allow reservations or transactions to be made between an Internet User and a Tourism business, but refers to third party links if the Internet User wishes to contact the Tourism business.
Consequently, HOLIABLE cannot be held responsible in the event of a commitment or contract between the Internet Users and the Tourism businesss referred to, nor for any consequences thereof.
All information relating to the eco-friendly experiences referenced on the Holiable Website are provided for information purposes only, and HOLIABLE cannot be held responsible for any errors or omissions.
HOLIABLE cannot be held responsible for any damage or consequence, of any nature whatsoever, resulting from the interpretation or use of the information and/or documents available on this Website. HOLIABLE shall in no case be held liable if the links present on the Listings lead to content considered inappropriate. It is up to the Internet user to report them so that HOLIABLE can remove them.
Holiable does not guarantee any content, opinion, advice or recommendation expressed by its Users.
Holiable does not guarantee that the Internet User will find what he/she is looking for, nor that the indications will correspond to the tastes or opinions of the Internet User. It is the responsibility of the Internet User to inform Holiable in case of disappointment or if the description of the Tourism business does not correspond to the Internet User’s experience. Holiable cannot be held liable, as reviews and descriptions correspond to a given moment in time but cannot take into account the day-to-day evolution of the Institutions. However, Holiable will take into consideration all feedback from Internet Users in order to improve the indexing and descriptions of the Tourism businesss.
Holiable shall not be liable for any indirect or consequential loss or damage caused by the Internet User, a third party or force majeure.
The invalidity of any provision of these Terms Use, in particular as a result of the application of any law, regulation or decision of a competent court which has become final and conclusive, shall not invalidate the other provisions, which shall remain in full force and effect.
Holiable’s failure to enforce any of the provisions hereof and/or the failure of the Internet User to comply with any of its obligations at any time shall not be construed as a waiver by Holiable of its right to enforce any of the provisions hereof at a later date.
Hypertext links are present on the Website. The User is informed that by clicking on these links, he/she will leave the www.holiable.com website. Holiable has no control over the web pages to which these links lead and is not responsible for their content. It is up to the User to inform the Company if links are inappropriate so that the Company can remove them.
The Holiable site and its conditions of use are governed by French law, regardless of the place of use. In the event of any dispute, and after the failure of any attempt to find an amicable solution, the French courts will have sole jurisdiction.