Terms of use - Home Exchange - GuesttoGuest

General Terms of Use

Terms & Conditions for the use of www.guesttoguest.com, a home exchange service managed by Tukazza!

Version uploaded on 15/06/2016.

General Terms of Use

Application and Definitions

The home exchange service www.guesttoguest.com is managed by Tukazza!, a joint stock company with a capital of 87,404 euros and registered office at 45 rue de Chabrol, 75010 Paris. It is registered with the Trade Register Companies of Paris under the personal identification number 532 000 783 and “Real Estate Agent” cardholder n° [CPI 7501 2016 000 005 605] (hereinafter referred to as "Tukazza!" or "the Company").

Tukazza! developed and implemented the site www.guesttoguest.com to provide a brokerage service between Host Members and Guest Members wishing to exchange residential property they own or rent.

To date:

  • “Deposit” refers to the deposit service proposed by Tukazza! on the site, which allows a Host to ask the Guest, when the latter has closed a contract of exchange for his house, for a guarantee in case of damage to the property and/or its furniture and/or of the theft/loss of the latter.

  • “GTU” refers to these General Terms of Use.

  • “User Account” indicates the account created to allow a Visitor to become a Member and access the services provided by the website.

  • “Exchange” refers to the agreement to use a home free of charge by a Host Member and a Guest Member subject to the provisions of Article 1875 and the French Civil Code. “Exchange” can be either reciprocal or non-reciprocal with another home agreement settled by the Guest Member and the Host Member, entailing the lending of the Host Member’s house to the Guest Member. This agreement is different from the reciprocal house borrowing agreement established by another Host with the Host. It is independent of any other borrowing agreement (non-reciprocal exchange). To simplify the reading of the GTU, each unilateral lending transaction will be referred to as an "Exchange".

  • “GuestPoints” indicate the points earned by Host Members during an “exchange” of their house.

  • “Member” refers to any person who registers on the site and, to this end, agrees to these GTU. The Member has access to listings published on the Website and may consult these listings. He could also be asked to update the calendar of his house. Members are subject to a number of obligations and prohibitions listed below in these GTU. The Member agrees to use the Site as a Host Member and as a Guest Member, in the way these terms define below.

  • “Host Member” refers to any person registered on the Site who decides to publish a listing in order to provide their home for an Exchange. The Host Member enters into a brokerage contract with Tukazza! to provide standard services and to offer a number of optional services for a fee. The Host Member has access to the messaging service and information to enable him to contact other Host Members as well as Guest Members according to the services defined below. Host Members alone decide when their house is available to Guest Members. Host Members alone decide on the finalization of the exchange of their house with Guest Members.

  • “Guest Member” refers to any member who decides to enter into a contract of Exchange with a Host Member and takes advantage of the house offered for Exchange by the latter. The Guest Member enters into a brokerage contract with Tukazza! to provide standard services and to offer a number of optional services for a fee. The Guest Member has access to the messaging service and information to enable him to contact other Guest Members as well as Host Members. Guest Members alone decide on the finalization of the Exchange service with Host Members.

  • “Verified Member” designates a member verified under the conditions stipulates in the article of these GTU entitled “Verification”.

  • “House” refers to the real estate that the Member owns or is a tenant in.

  • “Service” indicates any service provided by Tukazza!, free or paid, through the Site to a Member in conformity with the brokerage contract, given that Tukazza! is never a party to the contract of Exchange.

  • “Site” indicates the www.guesttoguest.com site and more generally any site published or co-published by Tukazza! or any site created with the authorization of Tukazza! containing information published on the former site and which offers similar services.

  • “The Company” indicates Tukazza!

  • “Tukazza!” or “The Company” indicates the company providing the service of home exchange on the www.guesttoguest.com site.

  • “Verification” indicates the service offered by the Site, which consists of verifying the legitimacy of the identity declared by the Members by examining copies of identity documents supplied by the Member, as well as documentation displaying a proof of address, where the address matches the one indicated in the listing on the site.

  • “Visitor” indicates every person who visits the Site without joining and without accepting these GTU.

Online acceptance of General Terms of Use

The Use of the site depends on the acceptance of the GTU. At the time the user creates a User Account, the Member adheres to the present GTU. This acceptance is formalized by a checkbox, which specifies the statement quoted below:

“By creating an account on GuestToGuest, I accept the Terms of Use.”

Only the acceptance of this GTU allows the Member to use the Services provided by the Site.

The acceptance of the present GTU is an acceptance in whole and it constitutes one indivisible set, and the Members cannot choose to comply only with a part of the GTU or accept it with any reservations.

By accepting the GTU, the Member accepts Article VII of the GTU concerning the "Processing of personal data of the Members.”

Modification of General Terms of Use

Tukazza! reserves the right to modify the GTU, the features offered on the site or the rules on the functioning of the Services at any time. The modification will come into effect within fifteen (15) days after the online publishing of the modified GTU. In particular, Tukazza! reserves the right to offer new Services, free or paid, on the Site.

Acquisition and withdrawal of Membership

Creation of a User Account

To join and benefit from the Service offered online by Tukazza! every Member has to, first of all, create a User Account, by supplying personal information, essential for the good functioning of the Service of connecting people (in particular last name, first name, age, nationality, phone number and email address). All Members commit to inform Tukazza! immediately in case of changes to the information communicated at the time of registration, by proceeding themselves to make those modifications in their personal space. Tukazza! cannot be held responsible for information communicated by the Members that could be erroneous or fraudulent.

The Member certifies to be 18 or older at the time of registration. The member declares to have full and regular rights to use his house by virtue of a title, deed or any other title authorizing him to conclude on this property (without the authorization of a third party, for the entire duration of his adherence to the GTU), or an agreement or loan of use within the dispositions of Article 1875 and the French Civil Code. He agrees to make his house available to the Guest Member, free of charge and, in particular, to the expiration of the agreement of Exchange of his house stipulated with the Guest Member. The Member commits to the GTU or to provide the Services within the framework of a professional activity.

Tukazza! reserves in particular the right to refuse (without having to motivate this refusal and without possible appeal or compensation of any kind) the subscription of a Member that doesn’t comply with the conditions stated above, with the rules of good morality, or of a Member who would violate the values and the ethics the Site strives hard to convey.

Upon creation of the account, the Member will choose a username and a password (hereafter “identifiers”), which will enable him to access his personal space on the Site. The Identifiers are personal and confidential. They can be changed only at the request of the Member or by initiative of Tukazza!. Every Member is solely and entirely responsible for the use of his identifiers and he commits to keep the Identifiers secret and not to reveal them to anyone, in any form and for any reason. The member will be responsible for the use of these Identifiers by third parties or for the actions or statements made through the Member’s personal account, whether fraudulent or not. He ensures Tukazza! against any claims of this kind. Furthermore, Tukazza! has no obligation and no technical means to verify the identity of people registering on the Site, so it cannot be held responsible in case of a Member’s identity theft (same for a Verified Member). If the Member has reasons to believe that another person fraudulently uses his identifying information or account, he should immediately inform Tukazza!. In case of loss or theft of one of the identifiers, the Member is responsible for any harmful effect of such loss or theft, and for undertaking, in the shortest possible time, the procedure to change them.

The Member agrees not to create or use any additional accounts originally created by him, either under his own identity or that of third parties. Any exceptions to this rule must be the subject of an explicit request from the Member and expressly and specifically authorized by Tukazza!. Creating or using new accounts under his own identity or that of third parties without having requested and obtained permission from Tukazza! may result in immediate suspension of the Member’s accounts and of all the services associated with them.

Closing of a User account

Tukazza! will close (without being required to justify this closure and without appeal or compensation of any kind whatsoever) the user Account of any Member who no longer meets the original terms of ownership of an account, the GTU, the rules of good morality or that would violate the values and the ethics the Site strives hard to convey.

In particular, the following behaviors are strictly forbidden to Members:

  • Give the Site false information likely to mislead other users or any other person.

  • Creation of a fake accounts.
  • Infringe the rights of third parties.

  • Display ads, content, aggressive or controversial photographs.

  • Make a commitment to a third party.

  • Send unsolicited spam mail, divert Members off of the site or follow members of social networks for business purposes.

  • Distribute viruses or any other technologies that may harm the Site or the interests or property of the Company or other users of the Site.

  • Post or distribute in any form whatsoever information or content that has the effect of diminishing, disorganizing or preventing the Services or interfere with the proper working of the Site.

  • Copy, modify, or distribute content of any party.

  • Use robots, spiders, scrapers or other means used to access the Site and collect the contents of the Site irrespective of the purpose of this maneuver, without the express written consent of Tukazza!

  • Collect or obtain in any manner information about others, including e-mail addresses, without their consent.

  • Bypass measures used to prevent or restrict access to the Site.

  • Include links in the listings of Members, including to other sites.

  • Offer properties for rent.

  • Solicit properties for rent.

  • Finalisation of an exchange outside of the site.
  • Collect or provide information about holiday periods indicated by the Members in order to encourage the burglary of residences of Members.

  • Divert the use of the house proposed for the exchange by Members.

  • Fraudulently acquire GuestPoints organizing fake Exchange Residences, false sponsorships, etc.

This list is not exhaustive and Tukazza! reserves the right to remove without warning any content that is not compatible with the rules of the Site and/or prejudicial to the security of the platform or the other Members.

Tukazza! also reserves the right to close accounts that have been inactive for over 24 months.

A service to connect with others


Tukazza ! offers its members, for free, a service to connect with others on its site, which allows host members to post ads offering their residence for exchange, and guest members to benefit from the offers made by the host members.
Members enter a relationship with the site, with a view to achieving an exchange, and commit if possible, the finalization of the exchange on the site, by signing a contract agreement subject to the requirements of articles 1875 and s. the French Civil Code.
Members enter a relationship with the site, with a view to achieving an exchange, and commit if possible, to the finalization of the exchange on the site, by signing a contract agreement subject to the requirements of articles 1875 and s. the French Civil Code.

Email Service

Tukazza! Provides for its members a free email service, allowing Members to virtually meet and discuss the possibility of finalizing an exchange or sharing exchange experiences.

The information available on the Service's mail is broadcasted only upon the initiative and under the sole responsibility of the Members. This information does not create any warranty from Tukazza! on accuracy, completeness, or even plausibility.

Tukazza! has access to all of the information exchanged on the messaging service. Tukazza! also reserves the right, at its sole discretion, to remove any content of these messages that would be considered contentious.

Free services and optional services

Tukazza! ensures the diffusion on its website of listings published by Members aimed at loaning real estate for free. Tukazza! thus achieves a free brokerage service between Host Members and Guest Members who wish to exchange residential property when available.

The site is a meeting place for members, whose purpose is to allow Host Members and Guest Members alike, if they choose and at their own risk, to create a dematerialized contract relating to the Exchange of one or more properties.

The purpose of the website is not to guarantee the completion or the proper execution of one or more Exchange(s) between two Members - which Tukazza! cannot ensure- but only to provide the option to Members who may enter into a Swap Agreement.

Tukazza! Is not a party to the contract of exchange between two members, it cannot verify or regulate (whether in relation to the free availability of the property, conditions of contract formation, the legality of the bonds contractually charged to one or more of the members or otherwise), or guarantee good performance.

The attention of members is drawn to the risks associated with the provision or occupancy of property as part of an exchange, in particular, the risk of damage or theft of the property or certain objects it contains. In particular, it is noted that any Host Member is free to choose the Guest Member who shall reside in their home and vice versa. Preliminary contacts between Members can prevent some problems that can arise from an exchange.

Verification

Tukazza! offers a verification service (the "Verification Service") for an additional and optional charge.

The Verification Service consists of members requesting confirmation of the consistency of the data shown either on a listing or on the identity of a Member.

For a member's home to be verified Tukazza! agrees to check the following:

The address of the property is checked to match the address that is displayed on the proof of residence sent by the Member to the Company and checked in digital format.

For Members audited Tukazza! agrees only to verify the following information:

The first and last names of the Member correspond to those in the scan of the identity document the Member has submitted to Tukazza!

In general, the Verification Service does not guarantee the authenticity of the content of the listing nor guarantee protection against possible fraud (comfort level, size of the property, etc.)

A Verified Member will be identified by a green marker on their profile.

The costs for this Verification Service are detailed on the page http://blog.guesttoguest.com/verification/

Deposit

Through the Service of deposit ("Deposit Service") Tukazza! offers a service of deposit guarantee (the "Deposit") between the Host Member and Guest Member, which allows the Host Member to protect himself, totally or partially, against the risk of theft, loss or damage of his property.

This service is optional and entails the payment of a fee. The price of this service is specified on the page [http://blog.guesttoguest.com/deposit/]. The amount of the deposit is subject to pre-authorization on the credit card of the Guest Member. The Guest Member pays the full commission at the moment he finalizes the Exchange with the Host Member.

In case of damage, loss or theft, the Host Member shall, within 10 days following the last day of stay of the Guest Member in the Host Member’s house, notify by email at contact@guesttoguest.com his intention to retain a part or the entire amount of the Deposit, justifying with documented evidence the nature and the estimation of each alleged damage (the Company will link this to the Guest Member).

In case of difficulty on the part of the Host Member to obtain proof of damages (for example, while waiting for a quote from a professional), the Host Member with inform Tukazza! and push through their request within a supplementary period which cannot surpass 40 days, starting with the last day of the Guest Member’s stay.

The Guest Member shall respond to the notice of exercise of Deposit issued by the Host Member within 10 days of receipt of such notice or, where applicable, proof of damages.

In case of notification of exercise of Deposit by the Host Member within the applicable period, a lack of response by the Guest Member beyond the 10-day period mentioned above constitutes an irrevocable renunciation to challenge the application of the deposit for the notified amount.

In case of exercise of the deposit in the applicable period, if the Guest Member agrees with the estimate of the damage and the exercise of the Deposit, Tukazza! will be allowed to repay the Host Member for the amount of deposit that has been decided between the parties to the exchange, within 5 working days of the confirmation of the agreement of both parties at the latest.

In the event that the credit card used by the Guest Member expires on the date of the transfer, the latter shall remain liable for the amount of the deposit and will be required to settle within 5 calendar days by any means accepted by Tukazza!, including bank transfer, PayPal, or other valid bank card in the Guest Member’s name.

Failing agreement between the Host and Guest Member on the partial or total retention of the amount of the deposit by the Host Member and/or the amount retained by the Member Host, Tukazza! will retain the amount charged to the credit card of the Guest Member until instruction from both the Host Member and Guest Member confirming their agreement on the distribution among them of the sum in escrow.

Failing agreement between the Members concerned, within a period of one year following the date of withdrawal of the deposit, lacking proof from the host Member of the institution of legal action to obtain payment of the Deposit, the Company will release the deposit, less the amount of the commission to the bank account of the Guest Member.

In the event of production of a document instituting proceedings to obtain payment of the Deposit, Tukazza! will retain the Deposit until the final and enforceable court decision. Tukazza! will release the Deposit under the terms of this decision.

Insurance

Any Member may use the optional Insurance Service for a fee. He will, in this case, have to comply with the general conditions of insurance and applicable assistance.

The Insurance Service involves insuring the Guest Member, of his own initiative or at the request of the Host Member, who will have specified in their listing that insurance is required. The Insurance Service notably includes:

  • Insurance against cancellation or interruption of the Guest Member’s stay.

  • Civil liability insurance.

The service is provided by MAIF, mutual insurance Company with variable contributions - CS 90000-79038 Niort Cedex 9 - France. Company governed by the insurance code.

The costs for the Insurance Service are detailed on the page www.guesttoguest.com/en/insurance

Assistance

Tukazza! offers the optional paid Assistance Service to the Guest Member.

The Assistance Service is to assist a Guest Member in any exchange of less than 90 days in the following cases:

  • Illness, bodily injury, death of a beneficiary.

  • Death of spouse by law or by fact, a direct ascendant or direct descendant, brother or sister of a beneficiary.

  • Theft or loss of identity papers or money.

  • Theft or accidental damage or materials essential to the continuation of the stay or exchange.

  • Major climate event with the exception of those occurring during navigation.

  • Major Disaster affecting the house of the host Member.

Warranty Support is offered by MAIF mutual insurance company to variable contributions- CS 90000 79038 Niort Cedex 9. A company regulated by the Insurance Code.

In case of subscription to the Support Service, the Guest Member shall comply with the general conditions applicable to MAIF Assistance accessible via [add hyperlink].

The pricing of the Assistance Service is detailed on the page [add hyperlink]

GuestPoints

Any activity on the site (signing up, completion of a profile, verification of a profile and home, friend referral, conclusion of an Exchange Agreement with another Member, etc.) allows the Member to earn GuestPoints.

The cumulative number of GuestPoints varies depending upon the evaluation of the Member’s Home, according to the size, comfort and location of the property. The Member can modify the evaluation of GuestPoints proposed by GuestToGuest within certain margins outlined on the page: www.blog.guesttoguest.com/guesttoguests-new-system-for-evaluating-your-home/

  • A Member may win new GuestPoints if he concludes an agreement of Exchange with a Member whose property is valued less.

  • In case of unilateral Exchange, the Host Member will earn a certain number of GuestPoints.

Finally, to allow Members to realize an exchange, they have the opportunity to buy GuestPoints on the site. The costs are ten eurocents per GuestPoint up to 20% of the total GuestPoints required. Above this limit, GuestPoints are priced at one euro each.

These GuestPoints give the Host Member the possibility to stay in the house of another Host Member at a time of their choice, given that the chosen property is available at that time and the Host Member accepts the Exchange.

The GuestPoints are acquired only once per household and are not transferable. Any maneuver to circumvent these rules (false sponsorship, creation of multiple accounts by a person etc.) is prohibited.

The function of GuestPoints (description, calculation, allocation methods...) are detailed on the Site and freely available at: www.blog.guesttoguest.com/everything-guestpoints

Tariffs conditions and terms of payment

The Registration on the site and the organization of house exchanges are free. Some optional paid services are offered to Members, such as the purchase of GuestPoints, the Deposit, the verification, insurance and assistance. All paid services are optional. It is possible to register, communicate with other members, organize and carry out exchanges completely for free, if all the fields of information are completed on the Site, allowing the Member to have a complete profile.

However, a verified member may request to be contactable only by other Verified members.

The tariffs for each of the Paid Services are explicitly mentioned on the payment page of the Service concerned. Before confirming the order of any Paid Service, Members will be explicitly warned of the price of the Service, and will be asked to agree to the payment.

Unless stated otherwise, tariffs are quoted in the currency of the country of residence of the Member, and, if not, in euros (EUR). It is the responsibility of the Member to pay all applicable fees resulting from the use of the Site and Services in a timely fashion and using a valid means of payment.

The tariffs proposed by Tukazza! are subject to change. The changes take effect immediately and apply to all purchases of Services performed after their introduction. Furthermore, Tukazza! may choose to temporarily change the tariffs for its services for promotional events or new services. Such amendments shall take effect on the date specified in the communication with the promotional event or the launch of the new service.

Paid services must be settled by credit card or via PayPal transfer.

Billed services are not refundable.

Payment by check or bank transfer

Tukazza! reserves the right to accept or reject payments by check or wire transfer for services purchased by Members for which it has issued an invoice.

Right of withdrawal

A Member of the Site shall have a period of fourteen (14) calendar days from the payment of optional paid services to exercise his right of withdrawal from Tukazza! without having to give reasons or to pay a penalty.

However, in case of execution of the Service or in case of exchange of messages on the site before the end of the withdrawal period, the Member will waive his right of withdrawal.

Sin embargo, en caso de ejecución del servicio o del intercambio de mensajes en el sitio web antes de que finalice el plazo de cancelación, se considerará que el miembro ha renunciado a su derecho de desistimiento.

To exercise the right, the Member must inform Tukazza! of his decision to withdraw by sending an email to the following address: contact@guesttoguest.com. The Member is invited to indicate the reason for his withdrawal to help improve the services offered by Tukazza!

Upon surrendering the Insurance Service and/or the Assistance Service, pursuant to Article L. 112-10 of the Insurance Code, and/or withdrawal of the Deposit service, and when the subscription to one of such Paid Services was conducted at the request of the Host Member as a prerequisite for the realization of an Exchange, the corresponding Exchange is automatically canceled.

Upon reception, Tukazza! will send to the Member an email confirming the recognition of the exercise of his right of withdrawal and/or waiver.

Reimbursement of paid services is performed by crediting the card or PayPal account used by the Member as soon as possible and, in any event, no later than fourteen (14) days from the date on which the right of withdrawal has been exercised.

Insurance

The Host Member agrees that his house will be insured in accordance with the legislation in force and to verify, prior to the exchange of his house, the full validity of home insurance that he has purchased for his house.

Members are advised that the insurance company can refuse to cover the damages incurred during their house exchanges.

In this case, Members alone shall bear the full financial consequences resulting from the lack of coverage of a possible incident by their insurance, without impairing the responsibility of Tukazza!.

An optional paid Insurance Service, adapted to home exchange, is offered to Members as detailed in the above paragraph "Insurance."

Responsibility

Tukazza! takes no responsibility for the content of listings posted by Members and the actions of the latter, except in cases when Tukazza! was duly informed of the existence of illegal content as defined by the legislation, and has not acted promptly to remove it.

In the exchange of properties resulting exclusively from the agreement between the Host Member and Guest Member, Members of the Site (Host Members as well as Guest Members) act under their sole responsibility.

Tukazza! cannot be held responsible for financial or commercial losses, damage to reputation, or any direct or indirect loss arising from the use of the Site and Services by Members. In particular, Tukazza! cannot be held responsible for any damage to property or any other harm suffered by a Member or as a result of a third party in the property. Similarly, Tukazza! cannot be held liable for damages incurred by a Member or a third party as part of a stay in another Member's home.

To the extent that some countries limit the scope of the warranty disclaimers or liability, it is possible that the exclusions mentioned above are not binding on members living abroad. Thus, this limitation of liability will then only apply to consumers in the following cases: uncontrollable forces, or in a situation in which it was undeniably not the fault of a Member or a third party.

Notwithstanding the preceding paragraph, assuming responsibility for Tukazza! is ascertained, compensation against the aggrieved Member shall (a) be limited to the total fees that the Member has paid Tukazza! during the twelve months preceding the action involving liability for Tukazza! or (b) the sum of 100 euros, depending on the higher amount.

The Company strives to ensure the availability of the Site and Service around the clock, 24 hours a day, 7 days a week. However, it is possible that access to the Site or the Service may be interrupted while under maintenance, from a hardware or software perspective, emergency repair of the Site, or by circumstances beyond the control of Tukazza! (Ex, failure of connections and telecommunications equipment).

Tukazza! agrees to take all reasonable steps to minimize such disruptions, provided a solution is available.

Members acknowledge and agree that Tukazza! assumes no responsibility to them for any unavailability, suspension or discontinuance of the Site or the Service and may not be held liable for incidental or consequential damages of any kind arising from this fact.

In any case, without prejudice to what is stated above and in the other clauses regarding the lack of responsibility for Tukazza!, causes of responsibility that could be held against the Company may give rise to payment of damages. The amount will be limited to receipts for the costs of service or cancellation fees.

Termination

Members of the Site may decide at any time to terminate their contract by requesting the closure of their account with the Company, without charges other than those related to the transmission of their application without any reason and by any means given on the Site. This application will be considered made and shall take effect on the business day following receipt by Tukazza! of the request to close the account in question. However, in the event that an exchange is in progress on that date between the Member concerned and another Member, the Member's obligations under the relevant GTU will continue until the expiration of 15 days after the last day of stay made ​​or granted by the Member concerned (or until the outcome of the Service Guarantee in case of use of such a service).

In any event, such termination will not cause any right to reimbursement for services billed by Tukazza! prior to the effective date of termination.

In case of non-compliance on the part of members to all or part of the GTU, or in case of conduct contrary to the spirit of the GTU by the Members, Tukazza! reserves the right to limit access to its Member Services, to remove certain content hosted on the Site, to close the Member Account or terminate the GTU within seven (7) days following the sending to the Member of an email requesting them to comply with these GTU without reply. In case of serious violation, Tukazza! may terminate the Member's account without notice or demand.

Termination at the initiative of Tukazza! will have the same effects as the termination at the request of the Member.

Such termination shall take effect without prejudice to any damages that may be claimed by the Company to the Member as compensation for damages suffered.

The Member will be informed by email of the cancellation or confirmation of the termination of their account.

Processing of personal data of Members

In accordance with Law No. 78-17 of January 6th, 1978 amended by Law No. 2004-801 of August 6th, 2004 on the subject of computers, files and freedoms, (the “Data Protection Act”) Tukazza! proceeded to make a declaration about its treatment of Site members’ personal data, in accordance with the simplified Standard No. 48 (CNIL deliberation No. 2005-112 of June 7th, 2005 establishing a simplified standard for automated processing of personal data relating to management filing of clients and prospects - OJ No 149 of June 28th, 2005) on August 18th, 2011, in front of the National Commission of Computing and Freedoms (CNIL).

The controller of members’ data is Tukazza!

Members are informed, in accordance with Article 32 of the Data Protection Act that Tukazza!, that the processing of Members’ personal data serves the main purposes of managing the registration of the Member, the operation of the Service, and sending of information related to the Member, the Service, and the Site activity.

In accordance with the simplified standard No. 48, only Tukazza! has access to personal data of Members, employees and service providers of the Company, whose job is to operate the Site and provide the Services.

Data shown as mandatory in the form to become a Member of the Site requires an accurate response from Members. Any reply or response that is considered abnormal by Tukazza! is likely to cause Tukazza! to not take into consideration the application for registration to the Service.

The data collected by the Company as part of the Services on the Site is processed in accordance with the simplified Standard No. 48 and the law of "Information and Freedoms" of August 6th, 2004.

Transmission of personal data to third parties

In accordance with the simplified standard, law No. 48, Tukazza! reserves the right to transfer any or all of the personal data of members in strict accordance with the simplified Standard Law No. 48 and the law of "Information and Freedoms” of August 6th, 2004. Any use of personal information other than that listed above will be subject to prior individual consent and explicit permission of Members.

According to law No. 78-17 of January 6th, 1978, Tukazza! collects Member’s permissions for use of their personal data for direct marketing purposes via a checkbox.

Right of access, rectification and opposition

According to law No. 78-17 of January 6th, 1978, Members have the right to access and correct personal data, by contacting the webmaster of the site at contact@guesttoguest.com, except for personal data that they filled out to complete their application form online. It is their responsibility to change and update their data, as stated in Article VII.3. "Updating of personal data."

According to law No. 78-17 of January 6th, 1978, Members have the right to object, free of charge, to the use of their personal data for marketing purposes, including for commercial reasons, by Tukazza! or its business partners. If their right to object on this ground is exercised directly to Tukazza!, the latter undertakes the responsibility to pass on their opposition to its contractual partners to which it might have transmitted their personal data.

According to law No. 78-17 of January 6th, 1978, Tukazza! agrees that the personal data of its members, even that sent to potential business partners, is not transmitted outside the European Union, unless the Member’s prior consent is received in this regard.

According to law No. 78-17 of January 6th, 1978, Tukazza! reserves the right to transmit personal information about its members to comply with a legal obligation, or pursuant to a judicial, administrative, or an independent administrative authority (such as the National Commission for Information Technology and Freedoms).

Updating of personal data

Members commit to provide, as necessary, updated personal data. They further certify that their personal data is accurate, complete and unambiguous. They can, at any time, access their user account containing all personal data they provided to Tukazza!.

Personal Data Security

According to law No. 78-17 of January 6th, 1978, Tukazza! agrees to take any precaution, given the nature of the data and the risks represented by the processing of data, to preserve the security of personal data of its members and, in particular, to prevent personal data from being distorted, damaged and prevent unauthorized parties from having access to it.

Site Hosting

The host of the site mentioned in the final provisions acts as a subcontractor to the Company within the meaning of law No. 78-17 of January 6th , 1978, only upon presentation of written instructions by the Company, and does not have the right to use the personal data of users that it may have access to, except for execution of technical services for hosting and management of databases and only by contractual arrangements signed between the host and Tukazza! that cannot deviate from this article.

Cookies

Visitors and Members are informed that during their visits to the Site, one or more cookies may be automatically installed on their browser.

A cookie is a data block which is used to record information relating to navigation of the visitor or member on the Site.

The setting of the navigation software to enable or disable the use of cookies and each visitor and Member should consult the setting conditions proposed by his or her navigation software.

Intellectual property

The trademarks, logos, graphics, photographs, animations, videos and texts on the www.guesttoguest.com site are the intellectual property of Tukazza! or its partners and may not be reproduced, used or represented without the explicit permission of the Company or its partners, under penalty of law.

Members agree not to modify, copy, reproduce, upload, post, transmit, commercially exploit and / or distribute in any way the services, the pages of the Site or the computer codes of elements comprising the Services and the site.

Members grant Tukazza! a license to use the intellectual property rights attached to content distributed on the Site. This license includes the right for the Company to reproduce, adapt, translate, digitize, use for the purposes of the Service or sublicense the content concerning the Member (information, images, videos, descriptions, search criteria, etc.) on all or part of the Services.

If a Member considers that an infringement has been made on their rights, or that content is illegal, he is required to inform the Company. Tukazza! reserves the right to remove content if it has reason to believe that it constitutes a violation of these Terms or the rights of third parties.

Applicable law - grant of jurisdiction

These GTU are governed by French law, unless public policy provisions relating to consumer protection in the country of residence of a Member precedes French Law.

In disputes concerning the interpretation and / or execution of these GTU, the Member and Tukazza! seek, before any litigation, an amicable agreement and shall communicate for this purpose all necessary pieces of information.

If an amicable agreement between the Member and Tukazza! cannot be found, the Member has the opportunity to take, within less than a year, free of charge, by mail or email, a Mediator of consumption, who will find a solution within 90 days.

Pursuant to Article L152-1 of the Consumer Code, Tukazza! inform the member that has the opportunity to take one of the following ombudsmen:

  • For any dispute relating to the provision of accommodation: Mr. Jean-Pierre Teyssier, MTV Mediation Tourism, BP 80 303-75823 PARIS Cedex 17, whose telephone number is: +33 (0) 1.426796.68. For more information: http://www.mtv.travel/index.php?page=Accueil

  • For any dispute relating to the insurance benefit: The Mediation Insurance, located TSA 50110-75441 PARIS Cedex 09, whose telephone number is: +33 (0) 1.70.81.58.70. For more information: http://www.mediation-assurance.org/Accueil

Under a court settlement of disputes, the Member also has the opportunity to take the platform for settling disputes online by clicking on the following web link:

In case no amicable agreement can be found, and where possible mediation have failed, any dispute that may be born during the validity, interpretation or execution of the GTU and / or service in question be submitted to the choice of the applicant to the courts:

  • The place where the defendant lives.

  • The place where services are executed.

Pursuant to Article L.141-5 of the Consumer Code, the Member may also enter addition one of the above courts, the court of the place where he lived at the time of conclusion of the contract or the occurrence of the damaging.

This clause applies even in case of summary proceedings, incidental claims or multiple defendants or introduction of third parties, and regardless of the method and terms of payment.

Transfer

Tukazza! reserves the right to assign this Agreement automatically after notification in accordance with the clause below.

Notification

Except for notices relating to illegal content or offenders, Member notifications should be sent by registered mail to GuestToGuest - Legal Department, 45, rue de Chabrol, 75010 Paris Cedex 18, France, or e-mail to legal@guesttoguest.com.

Any notice for a Member shall be sent by email to the address provided to the Company during the registration process and shall be deemed to be received 24 hours after the e-mail has been sent, unless the sender is notified of the invalidity of the e-mail address.

Final Provisions

Proof

Under Article 1316 and following the Civil Code, the Member acknowledges and agrees that:

  • The information provided by the Company via email and on the Site is valid between the parties and maintains the same validity as that written in the manuscript; All data collected in permanent, reliable, and secure form in the database of the Company, regarding in particular orders and confirmations received from the Member, notifications sent, accesses, data withdrawals, and refunds, is valid between the parties until proven otherwise.

Additional Legal Information

The Director of the Site is Emmanuel Arnaud.

Site hosting is provided by the Company: AWS Amazon Web Services, Inc. - 410 Terry Ave North - Seattle, WA 98109-5210, US.

Interpretation

In case of contradiction between a translation and the French version, only the latter shall prevail.