General Terms and Conditions of Use of the www.guesttoguest.com website, a home exchange service published by TUKAZZA!

On the General Terms and Conditions of Use

Last Updated: 29/11/2018

Scope of application and definitions

The home exchange service proposed by www.guesttoguest.com is published by TUKAZZA!, a simplified company limited by shares with a capital of 87,404 euros, whose registered office is a 45 rue de Chabrol - 75010 Paris, France, registered on the Corporate and Trade Register under the unique identification number 532 000 783 and holder of the ‘Estate Agent’ card no. [CPI 7501 2016 000 005 605] (hereinafter referred to as ‘TUKAZZA!’ or ‘the Company’).

TUKAZZA! has developed and set up its website www.guesttoguest.com in order to provide a brokerage service between Members who wish to exchange residential properties of which they are owners or tenants.

Herein,

  • ‘Deposit’: means the security deposit in accordance with the Service GuesttoGuest page https://www.guesttoguest.com/en/p/service-plus-en
  • ‘GTCU’: means these General Terms and Conditions of Use.
  • ‘User account’: means the account that must be created to allow a Visitor to become a Member and access the services offered by the Website.
  • ‘Exchange’: means the Residence Loan-For-Use Agreement entered into free of charge by a Host Member and a Guest Member subject to the provisions of Articles 1875 et seq. of the French Civil Code. The loan agreement may be either simultaneous and symmetric with another Residence Loan Agreement entered into by the Guest Member and the Host Member, governing the loan of the Residence of the Guest Member to the Host Member, or deferred from another Residence Loan Agreement symmetrically entered into by another Host Member with the Host Member, or independent of any other loan agreement (Unilateral Exchange). To simplify the reading of the GTCU, each finalised unilateral lending transaction will be referred to as an ‘Exchange’. All Exchanges require subscription to the GuesttoGuest Service.
  • ‘GuestPoints’ or ‘GP’: means points accumulated by Host Members mainly in Exchange for their Residence and used by Guest Members.
  • ‘Username and password’: means the username chosen by the Member and the password entered by the Member when creating his or her account to allow him or her to access his or her personal space. Usernames and passwords are personal and confidential.
  • ‘Member’: means any person who registers on the Website and who, to do so, accepts these GTCU. The Member has access to the listings published on the Website and can consult the aforesaid listings. He or she can also be contacted on the calendar of his or her Residence. The Member is subject to a number of obligations and prohibitions listed hereafter in these GTCU. The Member undertakes to use the Website as a Host Member and as a Guest Member, such as these two terms are defined hereinafter.
  • ‘Essential Member’: refers to a Member who has subscribed to the GuesttoGuest Service on an occasional basis for an exchange.
  • ‘Host Member’: means any person registered on the Website who decides to publish a listing with a view to offering his or her Residence for Exchange. The Host Member, therefore, enters into a brokerage contract with TUKAZZA! and has free access to the Messaging service and contact information for other Host Members and Guest Members as defined below. Host Members are the sole decision-makers and are responsible for making their Residence available to Guest Members.
  • ‘Guest Member’: means any Member which decides to conclude an Exchange contract with a Host Member and to book the Residence proposed for the Exchange by the latter. The Guest Member, therefore, enters into a brokerage contract with TUKAZZA! providing free and paid services. The Guest Member has free access to the messaging service and contact information of other Guest Members and Host Members.
  • ‘Optimum Member’: refers to a Member who has subscribed to an annual subscription to the GuesttoGuest Service with subscription-specific benefits for an unlimited number of Exchanges over a period of 12 months.
  • ‘Verified member’: means a Member for whom TUKAZZA! has verified that the address of the Residence published in the listing corresponds to the address appearing on the proof of Residence and that the Member's first name and surname communicated in his or her profile correspond to those appearing on the copy of his or her identity document.
  • ‘Residence’: means any real property (not likely to be moved, which excludes, in particular, camper vans, mobile homes, boats), for residential use, owned or rented by the Member.
  • ‘Service’: means any free or paid service rendered by TUKAZZA! to a Member through the Website under the brokerage contract, it being hereby specified that TUKAZZA! is never party to an Exchange contract. The service given by TUKAZZA! is an electronic service provided by the Internet and largely automated and impossible to provide in the absence of technology, as referred to the Article 259 B 12 ° of the General Tax Code (CGI).
  • ‘GuesttoGuest Service’ or ‘GuesttoGuest Service Pack’: refers to the paid subscription proposed by TUKAZZA! on the Website allowing the Member to finalise an exchange and which includes services ancillary to the main service of access to exchanges and, in particular:
    • Security deposit management
    • Guest protection in case of cancellation by the Host
    • Guarantee for the Guest in case of non-compliance of the Residence
    • Cover for the Guest in case of damage or theft by the Guest during the stay
    • Personalised assistance, 24 hours a day, 7 days a week
  • ‘Website’: means the www.guesttoguest.com website and, more generally, any website published or co-published by TUKAZZA! or any website containing, with the authorisation of TUKAZZA !, the information published on the website(s) published or co-published by TUKAZZA! and offering similar services.
  • ‘The Company’ or ‘TUKAZZA!’ »: means the company TUKAZZA! publishing the home exchange services on the www.guesttoguest.com website.
  • ‘Verification’ or ‘Verification Service’: refers to the Service proposed by the Website, as an ancillary part of the Member networking service, consisting of verifying the apparent consistency of the declared identity of Members with the copies of the identity documents provided, as well as the apparent consistency of the Members’ listing with the copies of their proof of Residence. It also refers to the automated verification of the email address and telephone number of members by sending codes to be validated by Members.
  • ‘Visitor’: means any person who visits the Website without registering and without accepting these GTCU.

Online acceptance of the GTCU

Use of the Website is subject to acceptance of these GTCU. At the time of creation of the User Account, the Member agrees to these GTCU. This acceptance is formalised by a tick box containing the text hereinafter:

‘By creating an account on GuestToGuest, I accept these terms and conditions of use.’ Only the acceptance of these GTCU allows the Member to access the Services offered by the Website.

These GTCU form an indivisible whole and are binding in full and unconditionally on the Members who have accepted them.

By accepting the GTCU, the Member accepts Article VII of the GTCU concerning the ‘Processing of Members’ personal data’ which itself refers to the Privacy Charter.

Modification of the GTCU

TUKAZZA! reserves the right to modify the GTCU at any time, the features offered on the Website or the operating rules of the Services. The modification will take effect within fifteen (15) days from the posting online of the modified GTCU. TUKAZZA! reserves, in particular, the right to propose new Services, free or paid, on the Website.

Acquisition and withdrawal of membership

Creation of a User account

In order to register and benefit from the Services offered online by TUKAZZA!, each Member must first create a User Account, by providing personal data concerning him or her, which are essential to the proper operation of the Service of putting people in contact with each other (including surname, first name, date of birth, civility, valid telephone number and e-mail address). All Members undertake to promptly notify TUKAZZA! in the event of a change in the information communicated at the time of registration by making such changes him or herself in his or her personal space. TUKAZZA! shall under no circumstances be held responsible for information communicated by Members that may be erroneous or fraudulent. The Member certifies that he or she is over 18 years of age at the time of registration. He or she declares to have the full and regular enjoyment of his or her Residence by virtue of a title deed or any other title permitting him or her to enter into an exchange transaction, for the entire duration of his or her adherence to the GTCU. He or she hereby declares that he or she has the authority to conclude a loan-for-use agreement within the meaning of Articles 1875 et seq. of the French Civil Code and, in the event of an Exchange as a Host Member, to make his or her Residence available free of charge to a Guest Member for the entire duration of the Exchange.

A Residence can only appear on the User Account of a single Member, even if several people hold the title to this Residence.

Acceptance of the GTCU prohibits any commercial transaction.

TUKAZZA!, in particular, reserves the right to refuse (without being obliged to justify this refusal and without possible recourse or compensation of any nature whatsoever) the registration of any Member who does not fulfil the above conditions, does not respect the rules of good conduct, or who contravenes the values and ethics that the Website strives to convey.

Upon creation of his or her account, the Member will choose and fill in his or her Username and Password, which can only be changed at the Member's request. Each Member is solely and entirely responsible for the use of his or her Username and Password and undertakes to keep them secret and not to disclose them, to anyone, in any form whatsoever and for any reason whatsoever. Each Member shall be solely responsible for the use of his or her Username and Password by third parties or for any actions or statements made through his or her personal Member account, whether fraudulent or not, and shall warrant TUKAZZA! against any claim in this regard. Moreover, since TUKAZZA! has no obligation and does not have the technical means to verify the identity of persons registering on the Website, it is not liable in the event of theft of the identity of a Member, for whom it only verifies the apparent consistency between the identity and address declared with those appearing on the supporting documents submitted. If the Member has reason to believe that a person is fraudulently using identification credentials or his or her account, he or she must immediately inform TUKAZZA!. In the event of loss or theft of his or her Username or Password, the Member is responsible for any consequential damage of this loss or theft and must use, as soon as possible, the procedure allowing him or her to modify them.

The Member undertakes not to create or use accounts other than the one initially created, whether under his or her own identity or that of third parties. Any special dispensation to this rule must be explicitly requested by the Member and expressly and specifically authorized by TUKAZZA!. The creation or use of new accounts under the Member's own identity or that of third parties without the authorization of TUKAZZA! may result in the immediate suspension of the Member's accounts and all associated services.

Control or Closure of a User Account

On the initiative of TUKAZZA!

In case of non-compliance by Members of all or part of the Terms and Conditions, or in case of conduct contrary to the regulations, rules of good conduct, values and ethics that the Site strives to convey, TUKAZZA! reserves the right to:

- limit Members' access to its Services;

- remove certain content hosted on the Site;

- close the User Account;

without being obliged to explain why and without possible recourse or compensation of any nature whatsoever.

In addition, the User Account of any Member no longer fulfills the initial conditions of ownership of an account.

The following behaviors are strictly prohibited to Members and risk the closure of the User Account:

  • Giving false or misleading information on the Website;
  • Creating multiple User Accounts for the same Residence;
  • Creating fake accounts;
  • Infringing the rights of third parties;
  • Distributing violent, sexist, pornographic, racist, homophobic, discriminatory etc or, more generally, controversial adverts, content or photographs;
  • Being the instigator of discrimination;
  • Distributing violent, sexist, pornographic, etc. or, more generally, controversial listings, content or photographs;
  • Distributing photographs that infringe the intellectual property rights of third parties;
  • Making a commitment for a third party;
  • Sending unsolicited commercial e-mails (spamming);
  • Diverting Members away from the Website or following Members on social networks for commercial purposes;
  • Spreading viruses or other technologies likely to harm the Website or the interests and property of the Company or other users of the Website;
  • Posting or distributing, in any form whatsoever, information or content that has the effect of diminishing, disorganising or preventing the Services or interfering with the proper functioning of the Website;
  • Copying, modifying, or distributing content belonging to others;
  • Using robots, spiders, scrapers or other means used to access the Website and collect the Website's content for any purpose whatsoever, without the express written permission of TUKAZZA! ;
  • Collecting or otherwise obtaining information about others, including e-mail addresses, without permission;
  • Circumvent measures intended to prevent or restrict access to the Website;
  • Including links in Members' listings, including to other websites;
  • Offering properties for rent;
  • Soliciting properties for rent;
  • Exchanging Residences outside the Website when they are the subject of a listing on the website;
  • Collecting or providing information on holiday periods indicated by Members likely to encourage burglary of Members’ Residences;
  • Misappropriating the accommodation offered for Exchange by Members;
  • Fraudulently acquiring GuestPoints by organizing fake Residence Exchanges, fake sponsorships, etc.

This list is not exhaustive and TUKAZZA! reserves the right to remove, without warning or other notification, any content that is not compatible with the rules in force on the Website and/or that would undermine the security of the platform or other Members.

TUKAZZA! may close the Member's User Account without warning or formal notice.

Any closure of a User Account for breach shall be without prejudice to any damages and interests that may be claimed by the Company from the Member as compensation for damages suffered.

The closure of a Member’s User Account for violation of any of the obligations under these GTCU shall automatically result in the termination of the current subscription, if applicable, without entitlement to refund, even partial.


TUKAZZA! also reserves the right to close accounts that are inactive for 24 months.

The Member will be informed by email of the closure of their User Account.

Closing a User Account at the Member's request

Members of the Website may, at any time, terminate their registration on the Website by requesting the closure of their User Account with the Company, at no cost other than those related to the transmission of their request, without stating a reason and by any means indicated on the Website. This request shall be deemed to be made and shall take effect on the working day following receipt by TUKAZZA! of the request to close the account concerned; however,

if an Exchange is in progress on this date, closure cannot be effective until after completion of the Exchange and its aftermath.

Closing the User Account may not result in any right to a refund, even partial, of the Services paid by any Essential or Optimum Member

Free services

Contact provision service

TUKAZZA! provides its Members, free of charge, with a networking service on its Website, allowing the Host Member to publish a listing with a view to offering his or her Residence for Exchange and allowing the Guest Member to view this listing in order to take advantage of the Residence offered for Exchange by a Host Member.


Members who have entered into a relationship on the Website with a view to carrying out an Exchange shall formalize this Exchange on the Website by concluding a paperless loan-for-use agreement subject to the provisions of Articles 1875 et seq. of the French Civil Code, on their own initiative and under their own responsibility.

Members shall refrain from carrying out any Exchange initiated on the Website outside of it, under penalty of immediate closure of their User Account. It is hereby stated that the contact details (name, telephone number, address) of a Member are only communicated to another Member during execution of the Exchange.

The purpose of the Website is not to guarantee the finalisation or proper execution of one or more Exchanges between the Members put in contact with each other by TUKAZZA!

As TUKAZZA! is not a party to the exchange contract between two Members, it cannot control its legality (either with regard to the availability of the property, the conditions of conclusion of the contract, the lawfulness of the obligations contractually imposed on either of the Members or in any other capacity), or its proper performance.

Members’ attention is, therefore, drawn to the risks associated with the provision or occupation of a property in the context of an Exchange, in particular, the risk of damage to the property or theft of certain items furnishing it. In particular, it is hereby recalled that any Host Member is free to choose the Guest Member who will stay at his or her home and conversely that preliminary contacts between Members may make it possible to prevent certain difficulties which may arise from an Exchange.

The networking of Members is automated and depends only on an action by the Member without intervention by TUKAZZA!


Messaging service

TUKAZZA! provides its Members with a free messaging service, in order to conclude an exchange contract or to share their experiences of past stays. The messaging service only allows Members to communicate with each other and does not involve any intervention by TUKAZZA!


The information distributed on the TUKAZZA! Messaging Service is distributed at the initiative and under the sole responsibility of the Members. This information shall not create any warranty on the part of TUKAZZA! as to its accuracy, completeness, non-misleading nature or even its plausibility.

TUKAZZA!, who has access to the information exchanged on the Messaging Service, also reserves the right to remove any message content contrary to the GTCU or the law.

Verification service

Verification relates to:

  1.  The telephone number and email address provided by a Member on the website, and consists of:
  • sending an SMS to the registered phone number, and performing an action that is only possible thanks to this SMS (entering a unique code, for example)
  • sending an email to the registered email address, and performing an action that is only possible thanks to that email (clicking on a link, for example)

This verification is systematic and and automated with aims to limit the risk of misappropriating a phone number and email address.

  1. The identity and address of the Member's Residence. The Member provides TUKAZZA! with proof of Residence in digital format and a copy of his or her identity document.

A Verified Member will be visibly identified on the website.  This verification is done at the Member’s request. It does not guarantee the authenticity of the content of the listing or prevent possible fraud (level of comfort, size of the property, etc), nor prevent any risk of identity theft.

This verification is ancillary to the networking of Members.

Paid service


‘GuesttoGuest Service Pack’


All Exchanges entail subscription to the GuesttoGuest Service Pack and benefit from the services offered.

When subscribing to the ‘GuesttoGuest Service’, all the Services it contains apply and are indivisible.

The Member subscribes to the ‘GuesttoGuest Service’ Pack:

- as an Optimum Member under an annual subscription for an unlimited number of Exchanges for a period of 12 months from the date of payment, automatically renewed from year to year unless cancelled no later than the last day of the current period;

- as an Essential Member by a one-time payment for a limited Exchange.

If the Member terminates their subscription during the year, no refund, even partial, will be due.

In addition to the main electronic service providing the possibility of carrying out Exchanges (on a limited or unlimited basis), the Pack includes the following services:

    • Security deposit management
    • Guest protection in case of cancellation by the Host
    • Guarantee for the Guest in case of non-compliance of the Residence
    • Cover for the Guest in case of damage or theft by the Guest during the stay
    • Personalised assistance, 24 hours a day, 7 days a week

These services are included in the subscription price of the GuesttoGuest Service and cannot be individualised. They cannot be invoiced separately.

Main service – exchanges

The ‘GuesttoGuest Service’ Pack constitutes in its entirety an electronic service insofar as the main service of networking between Members allowing unlimited or limited Exchanges is carried out via the Internet and depends solely on the technology used.

This service is automated and cannot be provided without a computer network. It does not require any intervention from TUKAZZA!

Ancillary services


The services ancillary to the exchange service and included in the GuesttoGuest Pack are not individualisable and cannot be invoiced separately from the main service.


Security deposit management

TUKAZZA! offers a security deposit management service between the Host Member and the Guest Member, allowing the Host Member to protect him or herself, totally or partially, against the risk of theft, loss or damage to his or her property under the conditions stipulated in these GTCU.

The Deposit, the amount of which is specified on this page https://www.guesttoguest.com/en/p/service-plus-termsofuse-en, is subject to pre-authorisation on the Guest Member's credit card.

In case of damage, loss or theft, the Host Member shall declare, within 10 days following the last day of the Guest Member's stay with the Host Member, by email to the address contact@guesttoguest.com, his or her desire to retain all or part of the amount of the Deposit, justifying, with any documentary evidence, the nature and estimate of each damage invoked. The Company shall inform the Guest Member of it by e-mail.

In the event of any difficulty on the part of the Host Member in obtaining proof of its damage (for example, in the event of waiting for an estimate from a professional), the Host Member shall inform the Company and give reasons for its request for an extension, which shall not exceed 30 days from the last day of the Guest Member's stay. Any notice given or evidence provided outside these time limits will not be taken into account and the amount of the Deposit will be made available to the Guest Member.

The Guest Member shall respond to any request to retain the Deposit from the Host Member within 10 days of receipt of such notice or, if applicable, proof of damage.

In the event of a request to retain the Deposit and, if applicable, proof of damage by the Host Member within the applicable period, any failure to respond by the Guest Member within the above-mentioned 10-day period shall constitute an irrevocable waiver to contest the retention of the notified Deposit amount which will be paid to the Host Member.

In the event of a request to retain the Deposit, or if applicable, for proof of the damage, within the applicable time limit, if the Guest Member agrees to the damage estimate and the exercise of the Deposit, the amount of the Deposit agreed between the two parties for the Exchange shall be paid to the Host Member, at the latest, within 15 calendar days from confirmation of the agreement of both parties.

In the event that the bank card used by the Guest Member were to expire by the date of payment, the Guest Member shall remain liable for the amount of the Deposit and shall be required to pay it within five (5) calendar days by bank transfer, PayPal account or any other valid bank card held by the Member.

Failing agreement between the Host Member and the Guest Member on the principle of partial or total retention of the amount of the Deposit by the Host Member, and/or on the amount retained by the Host Member, TUKAZZA! will be the trustee of the amount deducted from the Guest Member's credit card until instructions are issued by both the Host Member and the Guest Member confirming their mutual agreement on the distribution of the sequestered amount between them.

Failing agreement between the Members concerned, within one year following the date on which the Deposit was taken, and failing proof by the Host Member that legal action has been taken to obtain payment of the amount of the Deposit, the Company shall return the sum sequestered to the Guest Member.

In the event of production of a writ of summons to obtain payment of the Deposit, TUKAZZA! shall retain the Deposit until production of the final and binding court decision. TUKAZZA! will release the Deposit in accordance with the terms of the final and binding court decision.

This assistance is not individualisable and is included in the subscription price for the GuesttoGuest Service. It cannot be invoiced separately.

Protection in the event of cancellation

In the event of cancellation of the Exchange by the Host Member, TUKAZZA! will offer in the website to the Guest Member the option of staying in a replacement Residence whose basic amenities, as described on https://www.guesttoguest.com/en/p/service-plus-termsofuse-en are equivalent.

If no replacement Residence is available, the GuestPoints will be returned by the Host Member to the Guest Member and TUKAZZA! will reimburse the Guest Member, upon presentation of invoices, his or her relocation expenses for a period not exceeding that of the cancelled Exchange under the conditions detailed on https://www.guesttoguest.com/en/p/service-plus-termsofuse-en.

This assistance is not individualisable and is included in the subscription price for the GuesttoGuest Service. It cannot be invoiced separately.

Guarantee in case of non-compliance of the Residence

The Residence is non-compliant according to the criteria defined on https://www.guesttoguest.com/en/p/service-plus-termsofuse-en.

In case of non-compliance of the Residence, TUKAZZA! will offers in the website to the Guest a replacement Residence whose basic amenities, as described on https://www.guesttoguest.com/en/p/service-plus-termsofuse-en. are equivalent.

If no replacement Residence is available, the GuestPoints will be returned by the Host Member to the Guest Member and TUKAZZA! will reimburse the Guest Member, upon presentation of invoices, his or her relocation expenses for a period not exceeding that of the non-compliant Exchange under the conditions detailed on https://www.guesttoguest.com/en/p/service-plus-termsofuse-en.

This assistance is not individualisable and is included in the subscription price for the GuesttoGuest Service. It cannot be invoiced separately.


Damage and theft cover

TUKAZZA! shall compensate the Host Member in case of damage or theft committed by the Guest Member during his or her stay, under the conditions and limits detailed on https://www.guesttoguest.com/en/p/service-plus-termsofuse-en.

TUKAZZA! has taken out an insurance policy to guarantee its commitments in this respect.

In the event of wilful damage or theft committed by the Guest Member, TUKAZZA! will enforce the rights of the Host Member and may seek reimbursement from the Guest Member for the compensation paid by TUKAZZA! to the Host Member.

This assistance is not individualisable and is included in the subscription price for the GuesttoGuest Service. It cannot be invoiced separately.


Personalised assistance, 24 hours a day, 7 days a week

TUKAZZA! provides assistance to Members, by phone, email and live chat during business hours, and by email 24 hours a day, 7 days a week in case of emergency. Details of assistance are provided on https://www.guesttoguest.com/en/p/service-plus-termsofuse-en.

This assistance is not individualisable and is included in the subscription price for the GuesttoGuest Service. It cannot be invoiced separately.


GuestPoints

Any activity on the Website (registering, completing your profile, getting your profile and Residence verified, sponsoring friends, concluding an exchange contract with another Member, etc.) allows Members to accumulate GuestPoints.

The number of GuestPoints accumulated varies according to the evaluation made of the Residence, according to size, comfort and location criteria. The Member can modify the GuestPoints evaluation proposed by GuestToGuest in a limited way according to the conditions listed on this page: http://blog.guesttoguest.com/guesttoguests-new-system-for-evaluating-your-home/

A Member may earn new GuestPoints if he or she enters into a Reciprocal Exchange Contract with a Member whose Residence is less highly valued.

In the event of a unilateral Exchange, the Host Member will accumulate a certain number of GuestPoints.

Finally, to enable an Exchange to be made, Guest Members who do not have a sufficient number of GuestPoints may purchase the number of missing GuestPoints by credit card on the Website. The price of a GuestPoint is 10 cents for up to 20% of the total number of GuestPoints needed for the exchange, and 1 euro for the remaining 80%.

The Management of GuestPoints is automated and does not involve any intervention on the part of TUKAZZA!

These GuestPoints allow the Guest Member to stay at a Host Member’s home, at the time of his or her choice, provided that the chosen Residence is available at that time and that the Host Member accepts the Exchange.

GuestPoints are not transferable. Any attempt to circumvent these rules (false sponsorship, creation of multiple accounts by one person, etc.) is prohibited. The procedures for the GuestPoints (description, calculation, allocation procedures, etc.) are detailed on the Website and can be freely consulted at the following address: https://www.guesttoguest.com/en/p/how-guestpoints-work

Rates and terms of payment

Registration on the Website, contact provision, messaging and phone and e-mail number verification are free of charge.

All Exchanges require subscription to the GuesttoGuest Service Pack.

The ‘GuesttoGuest Service’ Pack is payable in the form of (i) an annual subscription giving access to an unlimited number of Exchanges or (ii) on a one-off basis for a limited Exchange.

Before validating the order for any paid Service, Members will be explicitly informed of the Service's price, and their agreement will be sought to proceed with payment.

Unless otherwise stated, the prices are indicated in the currency of the country of residence of the Guest Member and, failing that, in euros (EUR). It is the responsibility of Members to pay all applicable fees and taxes resulting from the use of the Website and the Services on time and using a valid payment method, accepted by the Website.Any bank charges or commissions shall be borne by the Member.

Pursuant to the provisions of Article 259 B 12° of the Code Général des Impôts [General Tax Code], paid Services such as subscriptions allowing access to a number of exchanges, which are invoiced by TUKAZZA! to the Member, constitute electronic services subject to the VAT of the location of the Member making the payment, or Guest Member.

The applicable VAT rate is that of the place where this Member is located. This VAT is collected by TUKAZZA! from Members and paid to the various tax administrations.

The prices offered by TUKAZZA! are subject to change. The changes shall take effect immediately and shall apply to any Service purchases made after such changes come into effect. Furthermore, TUKAZZA! may choose to temporarily modify the prices of its Services for promotional events or new Services. Such changes shall take effect on the date indicated in the communication presenting the promotional event or the new Service.

Payment by credit card

Payment for the Paid Services is made by credit card.

The Services are non-refundable, except in the event of withdrawal.

Payment by cheque or bank transfer

TUKAZZA! reserves the right to accept or refuse payment by cheque or bank transfer for the Services subscribed to by Members for which it has issued an invoice.

Right of withdrawal

The Member of the Website has a period of fourteen (14) calendar days from the payment for an optional Paid Service to exercise his or her right of withdrawal with TUKAZZA, without being required to state any reasons or to bear any penalty, provided that the performance of the Service has not begun during this period.

To exercise his or her right of withdrawal, the Member must inform TUKAZZA! of his or her decision by sending an e-mail to: contact@guesttoguest.comor by completing the cancellation form available on the Website at https://help.guesttoguest.com/hc/en-us/articles/360000128097.

Upon receipt, TUKAZZA! will send the Member an email confirming that the Member has exercised his or her right of withdrawal.

The sums paid for the Services are repaid to the Member's credit card/bank account used by the Member in a timely manner, and, in any event, no later than fourteen (14) days following the date on which the right of withdrawal was exercised.

In case of annual subscription, the right of withdrawal will apply to each renewal, and must be exercised within fourteen (14) days from the first day of the automatic subscription renewal.

Insurance

The Host Member undertakes to provide valid insurance for his or her Residence in accordance with the legislation in force throughout the duration of the Exchange.

Upon request by TUKAZZA! the Host Member undertakes, within a period of 15 days, to provide proof of insurance for the Residence and to inform TUKAZZA! of the value of the furniture declared as such.

Members are informed that the insurance may refuse to cover any damage that may occur during a Residence Exchange.

As part of the GuesttoGuest Service Pack, Members benefit from damage and theft coverage, adapted to the exchange, the details of which are set out above in the ‘Damage and theft cover’ paragraph under the conditions and limits set out at https://www.guesttoguest.fr/fr/p/service-plus-termsofuse-fr.


Liability

Except in the case where TUKAZZA! has been duly informed of the existence of illegal content, within the meaning and under the conditions of current legislation, and has not acted promptly to remove it, TUKAZZA! declines any and all liability relating to any content published by Members, and, in particular, that of listings, and to the actions of the latter.

As the Exchange of real property results exclusively from an agreement between a Host Member and a Guest Member, Host Members and Guest Members act under their sole and entire responsibility.

TUKAZZA! shall not be held liable for any financial or commercial loss, damage to reputation, or any direct or indirect damage resulting from the use of the Website and Services by Members. In particular, TUKAZZA! shall not be held liable for any damage to Residences and, more generally, real property, or any other harm suffered by a Member or a third party as a result of the stay of a Guest Member in the Residence(s) and, more generally, in a real property of a Host Member. Similarly, TUKAZZA! shall not be held liable for damages suffered by a Member or a third party in the context of a stay with another Member.

Furthermore, although TUKAZZA! does all it can to prevent any discrimination on the part of its Members through the Website, it can in no way be held responsible for such.

In the event that the contractual liability of TUKAZZA! is engaged, outside of Service Guesttoguest, this liability shall be limited to the highest of the following amounts: (a) total fees that the Member will have paid to TUKAZZA! during the twelve months preceding the action engaging the liability of TUKAZZA! or (b) the sum of 100 euros.

Insofar as some countries limit the scope of warranty or liability exclusions, the above exclusions may not apply to Members living abroad. Thus, this limitation of liability will then only apply to consumers in the following cases: force majeure, irresistible event, fault of a third party or fault of the Member.

The Company strives to ensure that the Website and the Service are available 24 hours a day, 7 days a week. However, access to the Website or the Service may be interrupted as a result of maintenance operations, hardware or software upgrades, emergency repairs to the Website, or as a result of circumstances beyond TUKAZZA!’s control (e.g. failure of telecommunications links and equipment). TUKAZZA! undertakes to take all reasonable measures to limit such disturbances, insofar as they are attributable to the Company.

Members acknowledge and agree that TUKAZZA! assumes no liability towards them for any unavailability, suspension or interruption of the Website or the Service and shall not be liable for any direct or indirect damages of any kind resulting from this fact.

In all cases, and without prejudice to what is stated above and in the other clauses concerning the absence of liability of TUKAZZA!, any cause of liability of the Company towards a Member shall only give rise to the payment of damages, the amount of which shall be limited to the amounts collected by the Company from the Member for Service fees during the twelve months preceding his or her request.

Processing of Members’ personal data

Members’ personal data are processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

All information relating to the processing of personal data is specified in the Privacy Charter, accessible on the following page: https://www.guesttoguest.com/en/p/privacy-policy.

Intellectual property

The trademarks, logos, graphics, photographs, animations, videos and texts contained on the www.guesttoguest.com website are the intellectual property of TUKAZZA! or its partners and may not be reproduced, used or represented without the express authorisation of the Company or its partners, under penalty of legal proceedings.

Members shall, in particular, refrain from modifying, copying, reproducing, downloading, distributing, transmitting, commercially exploiting and/or distributing, in any way whatsoever, the Services, the pages of the Website, the databases, or the computer codes of the elements composing the Services and the Website.

Members grant TUKAZZA! a licence to use the intellectual property rights attached to the content they provide for distribution on the Website. This licence includes, in particular, the right for the Company to reproduce, represent, adapt, translate, digitise, use for the purposes of the Service or to sublicense the content concerning the Member (information, images, videos, description, search criteria, etc.), on all or part of the Website.

If a Member deems that its rights have been infringed, or that any content is illegal, it is requested that the Member inform the Company. TUKAZZA! reserves the right to remove content if it has reason to believe that it constitutes a violation of these GTCU, the law or the rights of third parties.

Applicable law - jurisdiction

The GTCU are governed by French law, except where public policy provisions relating to consumer protection in a Member’s country of residence apply.

In the event of a dispute relating to the interpretation and/or execution of these GTCU, the Member and TUKAZZA! shall seek, before any contentious action, an amicable agreement and shall communicate all necessary information to this effect.

If an amicable agreement cannot be reached between the Member and TUKAZZA!, the Member has the option of referring the matter to a Consumer Ombudsman within a period not exceeding one year, free of charge, by ordinary post or email, who will find a solution within 90 days.

In application of articles L. 611-1 et seq. of the Consumer Code, TUKAZZA! informs the Member that it has the option of referring the matter to the appointed Tourism and Travel Ombudsman, whose contact details are as follows: MTV Médiation Tourisme Voyage BP 80 303 – 75 823 Paris Cedex 17, France

For more information: http://www.mtv.travel/contact/.

Under an out-of-court dispute resolution system, the Member also has the option of using the online dispute resolution platform by clicking on the following electronic link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN

In the event that no amicable agreement can be reached, and that any possible mediation has failed, any dispute that may arise in connection with the validity, interpretation or performance of the GTCU and/or the service in question shall be submitted, at the claimant’s discretion, to the courts:

- of the place where the respondent resides;

- of the place of performance of the services;

Pursuant to Article R. 631-3 of the Consumer Code, the Member may also bring an action before one of the aforementioned courts, the court of the place where he or she resided at the time the contract was concluded or the harmful event occurred.

This clause applies even in the event of summary proceedings, an incidental claim or a plurality of respondents or third-party complaint, and regardless of the terms of payment.

Transmission

TUKAZZA! reserves the right to automatically assign or transfer its rights and obligations under these GTCU after notification in accordance with the clause hereinafter.

Notification

Except for notifications relating to illegal or infringing content, Members’ notifications must be sent by registered mail to GuestToGuest - Legal Department, 45, rue de Chabrol - 75010 Paris, France, or by email to contact@guesttoguest.com.

Any notification to a Member shall be sent by email to the address communicated to the Company at the time of the Member’s registration and shall be deemed to have reached the Member 24 hours after the email was sent, unless the sender is notified of a failure or error message from the email address.

Final provisions

Proof

The Member acknowledges and accepts that the information delivered by the Company by electronic mail and on the Website are authentic between the parties and shall receive the same probative force as a handwritten document; All data entered in an unalterable, reliable and secure manner into the Company’s computer database relating, in particular, to orders and confirmations received from the Member, notifications sent, access, withdrawals and refunds shall be deemed authentic between the parties until proven otherwise.

Additional legal information

The Website’s Publication Director is Emmanuel Arnaud.

The website is hosted by: AWS Amazon Web Services, Inc. - 410 Terry Ave North - Seattle, WA 98109-5210, USA.

Interpretation

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