1.GENERAL CONDITIONS OF USE OF THE CRTB BOOKING SITE
1. PRESENTATION OF THE PLATFORM AND SERVICES
The CRTB publishes on its Website a Platform allowing Professionals in the tourism sector, members of the CRTB, to publish Offers and Users to book these Offers directly on the Platform.
In these Terms, terms and expressions beginning with a capital letter, whether used in the singular or plural, masculine or feminine, have the meaning given to them below:
|General Terms and Conditions of Use (GCU)||Refers to these general conditions of use of the Booking Platform.|
|CRTB||Refers to the Regional Committee of Tourism of Brittany, Association law 1901 whose registered office is located at 1 rue Raoul Ponchon, 35069 RENNES.|
|Intellectual property rights|
|Refers to the Rights attached to trademarks, logos, slogans (subject to their originality) designs and models, copyright, patents, software, databases, domain names on the Internet and other distinctive signs registered, registered, used or associated, without this list being exhaustive.|
Also included in this list are trade names, company names, signs, used or associated.
|Offer||Refers to the Professional’s tourist service visible on the Platform and which can be booked by the User|
|Platform or Destination Platform||Refers to the space on the CRTB Website for making reservations for Offers.|
|Professional||Refers to the member of the CRTB, professional of tourist services, offering Offers accessible and bookable on the Platform.|
|Third||Refers to any natural or legal person, external to the GCU.|
|User||Refers to the person booking an Offer from a Professional via the Platform.|
The purpose of these GTCU is to define the terms and conditions under which the CRTB allows a User to consult and book an Offer of a Professional through the Platform.
These T&Cs apply without restriction or reservation to any use of the Platform.
The User acknowledges having read and accepted without reservation these Terms which prevail over any other document.
The CRTB reserves the right to modify, at any time and without notice, these GTCU in order to adapt them to changes in the Platform and/or its operation. Changes to the GTCU are enforceable against Users from the moment they are put online.
The GTCU are the property of the CRTB. Any reproduction, even partial, is prohibited.
4. ACCESS AND AVAILABILITY OF THE PLATFORM
4.1 Access to the Platform
Any User may use the Platform for personal, non-commercial use.
The User declares:
Be at least eighteen (18) years old;
Be legally able to create binding legal obligations,
That all the information he will have to provide to book an Offer is true, accurate, up-to-date and complete.
Access to the Platform for the consultation of the Offers is done without prior registration. The process of booking an Offer may require the provision of personal data necessary for the execution of the booking.
4.2 Hardware Compatibility
Access to the Platform is via a PC or MAC computer with a recent operating system and browser. The User must ensure that he has equipment compatible with the Platform.
Any User declares to have been informed that he must have access to the Internet subscribed to by a provider of his choice, the cost of which is at his expense.
The User undertakes not to use the Platform to knowingly introduce viruses, Trojan horses, worms or any other malicious or technologically dangerous element. The User is prohibited from obtaining unauthorized access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform. The User is prohibited from attacking the Platform by denial of service or distributed denial of service.
The CRTB will report any attack or attempted attack to the relevant authorities.
4.3 Availability of the Platform
The Platform is accessible continuously, 24 hours a day, 7 days a week.
However, the availability of Third Party systems and in particular the Internet is limited by technological and environmental factors that may impact data transmission. The Platform may thus be limited or temporarily unavailable, without notice. The CRTB cannot be held responsible for malfunctions and interruptions related to these third-party services.
In addition, the CRTB reserves the right to interrupt access to the Platform from time to time in order to ensure the security and maintenance of its IT infrastructures.
5. CONSULTATION OF OFFERS
The User may freely consult the Offers on the Platform.
As the CRTB is a technical service provider, it does not sell Offers and only offers the consultation and reservation of Offers previously deposited on the Platform by a Professional.
Thus, the CRTB does not own or control any of the Offers accessible on the Platform. The Offers are owned and controlled by the Professional.
The CRTB hosts the content, including price, availability, images and other information made available or obtained from the Professional. The CRTB cannot be held responsible for the accuracy, quality, completeness, reliability, timeliness or honesty of the Offers, the CRTB having no influence on it.
6. BOOKING AN OFFER
The User has the possibility to book the Selected Offer directly on the Platform.
The User is informed that it is the general conditions of sale of the Professional that will apply to the reservation. Thus, waivers, modifications and cancellations concerning the reservation of an Offer must be made directly to the Professional.
By booking an Offer on the Platform, the User acknowledges that the CRTB is only an intermediary and does not enter into the contractual relationship between the User and the Professional. The CRTB is therefore considered a Third Party to the transaction between the Professional and the User.
The CRTB is in no way responsible for any failure, modification or any problem encountered by the User when booking the Offer.
The CRTB is not responsible for the proper execution of the contract between the Professional and the User.
7. INTELLECTUAL PROPERTY
The CRTB has all the intellectual property rights necessary for the provision of the Platform and the Offers.
Therefore, the User is not authorized to copy, create links (hyper or deep) to the Platform and/or its contents, publish, promote, market, integrate or otherwise use the Platform and/or its contents without the written permission of the CRTB.
8. PERSONAL DATA
9. HYPERTEXT LINKS
The Platform may contain hypertext links to Third Party or partner sites. They are provided solely for the convenience of the User, in order to facilitate the use of the resources available on the Internet.
The CRTB indicates that it has no control over these Third Party sites and disclaims any responsibility relating to these sites. These GTCU do not apply in any way to Third Party sites to which the User can access via the Platform.
10. FORCE MAJEURE
The CRTB declines all responsibility in the event of unavailability of the Platform or for any event concerning the reservation of an Offer made by a User and resulting from a case of force majeure as defined in Article 1218 of the Civil Code, including, without limitation, in the event of war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, strikes, epidemics or other natural disasters, failures of means of transport, fuel, energy, workers or materials, or breakdowns of public or private telecommunications networks.
11. INDEPENDENCE OF CLAUSES
If one or more stipulations of the GTCU is (are) declared invalid in application of a law, a regulation, or following a judicial decision, the other stipulations will retain all their force and scope.
The GCU as well as the rights granted hereunder, may not be transferred or assigned by the User, but may be assigned by the CRTB without restriction. Any attempt to transfer or assign in violation hereof shall be null and void.
13. NO WAIVER
The fact that the CRTB does not rely on the User’s non-compliance with its obligations cannot be interpreted as a waiver of any subsequent non-compliance with the same or other obligations, or as a waiver of the right to ensure the application of said obligations.
14. APPLICABLE LAW – COMPETENT COURT
These T&Cs are subject to French law and only the French version is authentic.
The User and the CRTB will endeavor to resolve amicably any disputes that may arise relating to the validity, interpretation or execution of these terms and conditions.
In the absence of an amicable agreement, express jurisdiction is attributed to the competent Courts within the jurisdiction of the Court of Appeal of the registered office of the CRTB, notwithstanding plurality of defendants or appeal in guarantee, even for emergency procedures, expertise or protective proceedings in summary or by application.