Terms of use / Good Spot - Experiencing the world

For information only: Terms and Conditions for use and sales – Good Spot

 

Terms and Conditions for the Use of Good Spot websites and all associated services. Version published online on September 8th 2016.

I – Concerning the Terms and Conditions of Use

I.1 Scope of application and definitions

The present Terms and Conditions apply to the services proposed by Good Spot websites. These services, particularly those connecting private persons in view of promoting life and tourism experiences, are proposed by the Gîtes de France company, based at 40, avenue des Flandres – 75019 PARIS, a limited company with a capital of 1,082,000 Euros – RCS PARIS 350 236 006 (hereafter “SAS Gîtes de France”).

As a preliminary, it is notified that the main service provided by the Good Spot company is a platform for mediation between private individuals or between private individuals and professionals.  GOOD SPOT SAS cannot under any circumstances be qualified as a “Travel Agency”.

The hosting of the website is undertaken by the OVH company, a limited company with a capital of 10,059,500 € RCS Lille Métropole 424 761 419 – Company headquarters: 2 rue Kellermann – 59100 Roubaix – France.

In the present,

I.2 Online acceptance of the Terms and Conditions of Use

The use of the Medium is subject to the acceptance of the present TCU. On creation of the User Account, Members must click on the “I accept the Terms and Conditions of Use of the website and the proposed service” box. Only by accepting these TCU can a Member gain access to the services proposed by the website. The present TCU must be accepted as an indivisible whole; Members cannot choose a partial application of the TCU or formulate reservations. By accepting the TCU, the Member notably accepts the Charter of Good Conduct, as well as Section VII of the TCU concerning “Handling Users’ personal information”. In the case of non-compliance of ay of the obligations foreseen by the present TCU, SAS Gîtes de France reserves the right to cancel the concerned User Account.

If you fail to comply with all or part of the TCU, you thus acknowledge and accept that Good Spot can, at any moment and without prior notification, temporarily or permanently interrupt or suspend all or part of the Service or of your access to the website (including your Member/User Account), due to non-compliance with the TCU or for any objective reason.

I.3 Modification of the Terms and Conditions of Use

SAS Gîtes de France reserves the right to modify at all times the TCU, the functionalities provided on the website or the regulations governing the functioning of the Service or the media. The modification will become effective immediately after the publishing of the TCU that all users must acknowledge having consulted. When a modification occurs after the End User has paid an amount of money that corresponds to the Compensation for the guide, this modification will not affect the on-going transaction. Amongst other things, SAS Gîtes de France reserves the right to propose new services that may be free or paying across all media.

II- Use of the Service

II.1 User Account

To be able to register and to dispose of the services proposed online by the Good Spot websites, each Member must first create a User Account, providing information about him/herself that is essential to ensure the functioning of the interpersonal connection service (in particular the surname, first name, age, title, address, telephone number and email address). Members must certify that they are above the age of 18 years of age at the time of registering. Under no circumstances may SAS Gîtes de France be held responsible for any erroneous or fraudulent information submitted by Members on the Good Spot websites.

The Member agrees not to create or to use other accounts than the one he/she initially created, whether under her/his own identity or that of a third party. Any exemption to this regulation must be the object of a specific request by the Member, and a deliberate and specific authorisation by SAS Gîtes de France. The act of creating new accounts under one’s own identity or that of a third party without having requested and obtained the aforementioned authorisation may lead to the immediate suspension of the Member Accounts and their associated services.

The Member assumes responsibility for the correct handling and maintenance of his/her user profile, in particular as concerns email and telephone number data.

II.2 Use of the Service

Members must agree to use the service solely for connecting with persons wishing to share a common experience (this experience may be of various natures: a guided tour, Sharing knowledge, discovering an activity, etc.). Under no circumstances may SAS Gîtes de France be held responsible for the fraudulent, unauthorised or illegal use of the services proposed by the Website.

The activity of the Good Spot websites being restricted to the connection of persons proposing experiences shared with private individuals, Guides cannot be considered to be exercising a Tourist Guide activity under the authority of SAS Gîtes de France. The Good Spot media specifically constitute a simple exchange platform, and under no circumstances does the Gîtes de France company interfere in the proposed experiences.

Any experience/service provided must be subject to prior agreement on a Good Spot medium. The Guide must be present at the agreed location and carry out the services to which he/she has committed her/himself and wait for the End Users.

SAS Gîtes de France reserves the right to exclude any Member who ignores and does not comply with the present dispositions, and to withdraw the associated experiences.

II.3.1 Members’ Commitments

The member takes full responsibility for the content that is uploaded to Good Spot media, in particular concerning content such as text, photographs, videos, sound files and any other kind of message.

The member must confirm ownership or acquisition of the publishing and utilisation rights for this content.

The member also agrees not to use Good Spot services for the following purposes:

-       communicating content that is illegal, abusive or that may be deemed out-of-line or in breach of moral standards;

-       organising games or competitions*;

-       selling equipment or any other service that is not associated to the purpose of Good Spot* and that is not covered by its TCU;

-       promoting an internet service or a brand other than Good Spot*;

-       collecting members’ personal information;

-       violating local, national or international legislation;

-       promoting any type of criminal activity;

-       using automated systems and bots to create experiences, make bookings or register members;

-       interfering with the satisfactory running of Good Spot services.

It should be stressed that SAS Gîtes de France reserves the right to withdraw any content or member that does not respect these conditions and prohibitions, without any manner of prior notification.

*: except after explicit prior agreement by SAS Gîtes de France.

II.3.2 Conditions for becoming a Guide and being authorised to propose experiences

A member who might wish to propose experiences on the Good Spot platform – also known as a Guide – accepts:

It should also be pointed out that an employee of a company that offers “tourist” activities is free to propose his/her own experiences, even if these make use of the skills, tools or networks of the company in question. She/he will be required to establish a Compensation and collaboration system with the company.

*: SAS Gîtes de France reserves the right to freely reclassify the nature of the proposed activity, and to withdraw it if needs be, since SAS Gîtes de France wishes to promote the community-oriented aspect of its service.

Furthermore, the Guide accepts to respect the commitments described in paragraph II.4.3 for each booking.

 

II.4.1 Booking Experiences

Only members may book experiences.

The Good Spot website offers a Booking Service to its Members, which amongst other things ensures the security of financial transactions as well as of the conditions of the service and also of last-minute cancellations. Nonetheless, SAS Gîtes de France’s responsibility cannot be engaged in any way should one of these contexts arise.

Each booking entitles the Guide to be compensated in the case of a last-minute cancellation made by an end user within the limitations established below.

Good Spot’s tools also ensure the End User that the Compensation will only be cashed by the Guide once the service will have been carried out.

A booking only becomes firm once the payment made on the website by the End User and the booking request have been accepted by the Guide (within 48 hours). Once it is firm, the full TCU apply to this booking.

It should be clearly understood that SAS Gîtes de France will take responsibility for billing its commission to the GUIDE, and that the GUIDE must transmit a receipt for the service to the member having booked this service.

In the context of bookings for more complex stays or activities, members are advised to reach out to the GUIDE in order to take stock of the detailed associated sales conditions.

II.4.2 Booking and Confirmation

The Guide proposes Experiences on the Medium, providing details about each one: subject, location, date and schedule, rates and any other conditions.

The End User then books one or more vacancies via the Good Spot Medium by making an online payment with a bank card or with any other means of payment accepted by the Good Spot platform.

The Good Spot platform’s reception of the payment constitutes the confirmation of the Booking (cf. “Booking Confirmation” below). Once the Booking is confirmed, the Guide and the End User are irrevocably committed by the application of the “Financial Dispositions” set out as follows.

The Guide and the End User are informed of the transaction’s irrevocable conclusion by an electronic mail message sent to the Guide and the End User.

Any cancellation subsequent to this Confirmation is contextualised by the dispositions outlined in the “Payment and cancellation charges” section of the present TCU. The Booking is nominative. The Guide and the End User must both correspond to the identities communicated to Good Spot. The Guide and the End User may consider that the cancellation may be charged to the person whose identity corresponds to that mentioned on the website.

The Guide is committed towards the End Users to carry out the entire service as described in the Experience that he/she has proposed for Booking and that she/he has accepted to share with them on the agreed date, at the agreed time and location.

 

II.4.3 The Guide’s obligations with regard to Bookings

According to the present TCU, the Guide has the following obligations:

 

II.4.4 Payment and expenses under normal circumstances

The Good Spot platform deducts Booking fees (cf. “Booking Fees” below) on the website or any other medium.

These fees are billed to the End User during his/her Booking in order to cover the logistics and banking fees.

These fees amount to 3% of the total amount billed by the guide for the booked experience and are additional to the Guide’s Remuneration.

These fees are deducted from the transaction between the End User and the Guide for each booking of an experience. This commission is deducted on the payment of the Guide’s Remuneration.

These fees consist of an amount to which current VAT (20% in France) is added for a total that represents 15% of the rate for the booked experience.

These fees are made clear to the End User.

For example, in the case of the booking of an experience charged 50 € by the guide, the Good Spot commission of 15% of 50 €, in other words 7.50 € (of which 1.47 € VAT) will be deducted from the amount of the Remuneration made to the guide, meaning that the Guide will be paid 42.50 €.

The End User disposes of a two-day period (two calendar days, thus 48 hours) to notify Good Spot of any anomalies regarding the experience provided by the guide, in order to leave one calendar day for this notification to be handled by the Good Spot team.

Past this period, Good Spot will consider that the experience was carried out satisfactorily and that the service was correctly provided. No further recourse will then be possible.

After this period, Good Spot will emit orders for payment to the Guide for the billed service within three calendar days. Good Spot cannot be held responsible for any further payment periods established by banks.

The Guide informs SAS Gîtes de France of the bank account information that figures on his/her “Relevé d’Identité Bancaire” (French bank account document) or “Relevé d’Identité Postale” (French postal account document) n order to enable transfers to her/his account. This information must only be provided by the member on the “Homepage/My Profile” page. Under no circumstances will SAS Gîtes de France pay amounts other than by means of a bank transfer, thus excluding all possibilities of cash or cheque payments. Under no circumstances will SAS Gîtes de France be made responsible towards the End User for a payment incident if, for whatever reason, the amount paid by the End User were to have to be reimbursed, particularly in the case of an opposition made to a bank card or its fraudulent use. The Guide accepts to restore to SAS Gîtes de France on request all received amounts that are deemed suspicious as a result of such a payment incident and of any justified claim requiring further investigations.

II.4.5 Payment and fees in the case of cancellation

A cancellation made subsequently to the confirmation of the booking by either the guide or the end user is subject to the following dispositions.

In the case of a cancellation made by the guide, the amount paid by the end user is fully reimbursed to him/her.

If the cancellation is made by the end user:

If the cancellation is made before the experience and by the End User, the slot(s) cancelled by the End User are made available to other Members who may book them online, and are therefore subject to the conditions of the present TCU.

II.4.6 Response in the case of a complaint or an incident

If an End User makes a complaint concerning an experience, or in the case of any kind of incident concerning the nature or execution of an experience proposed by a Guide, Good Spot reserves the right to place the Guide’s remuneration in escrow during the time required to undertake verifications.

II.4.7 “Satisfied or your money back” guarantee

In order to ensure a satisfactory and reliable service, we offer a “satisfied or your money back” guarantee to our customers. If a mishap occurs, or if you are not fully satisfied with your Good Spot activity, and wish to make use of this guarantee, you must observe the following procedure: reach out to the Good Spot platform by means of the online form or by email to the following address contact@good-spot.com[VB1] . This procedure must take place 48 hours (or two working days) at the latest after the agreed date of the booked activity. Past this period, Good Spot will not be able to take into account your request for reimbursement. Your claim must be fully detailed so that the team may analyse the situation, reach out to the guide and carry out any necessary verifications. The team commits to reply to the End User within one week (five working days) at the latest after the written claim for reimbursement.

 

II.5 Communications amongst members

The Good Spot platform provides members with communication and exchange tools. These tools, such as the internal messaging service, can be subject to storage or formatting constraints. Neither Good Spot nor SAS Gîtes de France may be held responsible for this.

Furthermore, the Good Spot website and/or SAS Gîtes de France reserve the right to moderate these exchanges in order to ensure that they respect the TCU. In particular, SAS Gîtes de France reserves the right to withdraw members’ contact information when it is shared outside the normal booking procedure, or any comment that is abusive or contrary to regulations.

II.6 Financial and tax dispositions

The amounts received by SAS Gîtes de France via the Good Spot platform, not taking into account booking fees and commissions, are deposited in a holding account. The deposited amounts are affected to the payment of the Guides. Payment orders submitted by Members in accordance with the present TCU are irrevocable and will be executed by SAS Gîtes de France’s bank. By express agreement, Members, End Users or Guides accept that the amounts received do not give rise to interests. The End User and the Guide accept to respond to any requests made by SAS Gîtes de France and/or by its bank and, in more general terms, by any competent administrative or legal authority with regards to the prevention of money laundering; more particularly, they accept to submit any justifications of their address or identity. Failing an immediate response to such requests, the End User and the Guide accept in advance that SAS Gîtes de France will unilaterally take any steps that is sees fit, particularly concerning the freezing of paid amounts and/or the suspension of the services used by the End User or offered by the Guide. No payment may be made to the Guide on an account that has not been opened in his/her name or that has not been indicated on the Good Spot platform’s media.

Guides are also clearly notified that they are solely responsible for their accordance with local tax rules and regulations, particularly concerning taxes that apply to their activity (e.g. VAT). SAS Gîtes de France takes responsibility for billing VAT on the fees deducted when this tax is due in France or within the European Union if the EU VAT number is not communicated. It is clearly stated that international or EU Guides with EU VAT will be responsible for declaring the VAT that is applicable in their country.

Each Guide accepts to declare the commissions received from SAS Gîtes de France via the Good Spot platform according to the nature of his/her activity, so that she/he is in accordance with his/her country’s tax dispositions.

III. Insurance       

The Guide accepts to be insured in accordance with current legislation and to verify the validity of his/her insurance and the obligation to be insured prior to the experience. She/he also accepts to be in possession of all the documents required for the satisfactory execution of the experience. (driving licence, authorisation from the local authorities if the site is protected, sporting federation licence, diploma, boating licence, etc.)

The Guide must specifically ensure that his insurance enables him/her to transport/guide End Users and that her/his insurance covers all the transported/guided persons as well as the eventual consequences arising from an incident/accident that may occur during the experience.

As concerns sports activities, and whenever necessary, the Guide must certify that he/she has taken out all required insurance, as well as being in possession of all necessary State-approved diplomas.

The End User and the Guide are notified of the fact that insurers may refuse to cover damages that may arise during an experience from which the Guide may have made a benefit or may have been in a situation deemed as a professional activity. He/she would thus have to cover the financial consequences of the absence of cover for an eventual accident on the part of her/his insurance contract, without bringing into play SAS Gîtes de France’s liability.

The present clause exonerates SAS Gîtes de France’s liability with regard to the GUIDE and END USER.

The End User accepts to notify the Guide about any health issues that he/she may have.

SAS Gîtes de France reserves the right to immediately suspend the Member account and the associated amounts, and to notify the necessary authorities about any activity that is contrary to Good Spot’s TCU.

 

IV- Responsibility

SAS Gîtes de France declines responsibility for the content submitted by Members to the Good Spot platform. This is particularly the case for the “Agenda” that covers information concerning public or private events and information provided by Members. Nonetheless, as soon as SAS Gîtes de France is notified that a given content on the Good Spot website may affect the rights of third parties, the latter will do all that is in its power to remove forthwith the contentious content from the Website.

Whether they are End Users or Guides, all members act under their sole and entire responsibility. Good Spot is an exchange service and in no way ensures the quality, veracity and risks incurred by the proposed experiences. In this sense the execution of the experience itself cannot bring into play SAS Gîtes de France’s liability under any circumstance, given that the service provided is an exchange service. SAS Gîtes de France’s liability cannot be brought into play in the case of an accident that may have arisen due to causes such as: the Guide communicating erroneous information concerning the experience and its details; the cancellation of the experience by the Guide or the End User; fraudulent behaviour or wrongdoing committed by a guide or an End User before, during or after the experience; non-compliance with appropriate precautions (particularly regarding the use of equipment or vehicles); non-compliance with local legislation.

SAS Gîtes de France does not ensure the guaranteed payment of the Guide in any of these cases. It strives to ensure the availability of the website and its service 24 hours a day and seven days a week. Nonetheless, access to the website or to its service may be interrupted in the scope of maintenance activity, updating hard- or software, urgent website maintenance, or as a result of occurrences beyond the control of SAS Gîtes de France (such as the failure of telecommunications equipment). SAS Gîtes de France accepts to take all reasonable steps to limit the scope of these disruptions if this is in its power. Members acknowledge and accept that SAS Gîtes de France will not assume responsibility towards them for any unavailability, suspension or disruption of the website or its service, and that it cannot be held liable for any direct or indirect inconvenience of any kind that may arise from this. In any case, and without affecting the aspects mentioned above and in other clauses concerning the absence of SAS Gîtes de France’s liability, any cause of liability that may be upheld against SAS Gîtes de France will only give rise to the payment of compensation and interests whose amounts will be limited to the amounts paid in as bank fees and commissions.

Guides have sole responsibility for the prices established in the experience advertisements.

Guides accept to provide any security equipment that may be necessary for the execution of their experiences, to ensure that the End Users fully understand its nature and use, and to ensure that it is correctly maintained.

Notwithstanding, SAS Gîtes de France accepts to do all that is within its power to ensure satisfactory quality of all the experiences offered on its media.

V- Handling users’ personal information and website content

V.1 General dispositions

In accordance with the dispositions of the “Loi Relative à l’Informatique, aux Fichiers et aux Libertés” (Data Protection Act) Nº 78-17 of January 6th 1978, modified by the Data Protection Act Nº 2004-801 of August 6th 2004, SAS Gîtes de France, under the register Nº 1208357, has made a preliminary declaration to the “Commission Nationale de l’Informatique et des Libertés” (CNIL – National Commission on Information Technology and Liberties) regarding the way it handles your personal information, in accordance with the simplified regulation Nº 48 (ruling of the CNIL Nº 2005-112 of June 7th 2005 on the creation of a simplified regulation regarding the automated handling of personal information pertaining to the handling of client and prospect files – JO Nº 149 of June 28th 2005). The body in charge of handling your personal information is SAS Gîtes de France. In accordance with the dispositions of the simplified regulation Nº 48, the only individuals who have access to your personal information are SAS Gîtes de France’s employees and service providers whose task involves running the website or providing its service. Information marked as being obligatory on the form that enables you to become a website and service user requires an accurate response on your part. Any lack of response, or any response deemed to be anomalous by SAS Gîtes de France may entail its refusal to take into account your request to register for the service. Data collected by SAS Gîtes de France in the scope of the services provided on the Website are handled in accordance with the dispositions of the simplified regulation Nº 48 and the Data Protection Act of August 6th 2004.

V.2 Providing your personal information to third parties

In accordance with the dispositions of the simplified regulation Nº 48, SAS Gîtes de France reserves the right to provide all or part of Members’ personal information in strict accordance with simplified regulation Nº 48 and the Data Protection Act of August 6th 2004. Any use of personal information that differs from the aforementioned must be subject to Members’ individual, prior and explicit consent.

V.3 Right of access, modification and opposition

In accordance with the Data Protection Act Nº 78-17 of January 6th 1978, you have the right to access and correct your personal information by making a request to the Website’s webmaster, except for the personal information you provided to the Good Spot platform when you filled in the online registration form, for which you have the sole right to modify and update it in accordance with the dispositions of Article ViI.4, “Updating personal information”. In accordance with the Act Nº 78-17 of January 6th 1978, you have the right to oppose freely and without cost the use of your personal information for prospection purposes, in particular of a commercial nature, by SAS Gîtes de France or by its commercial partners. If your right of opposition is exercised for this reason directly to SAS Gîtes de France, the latter accepts to transmit your opposition to its contractual partners to which it may have eventually provided your personal information. In accordance with the Data Protection Act Nº 78-17 of January 6th 1978, SAS Gîtes de France accepts not to transmit your personal information, including information provided to eventual commercial partners, outside the European Union, unless it obtains your specific consent in this sense. In accordance with the Data Protection Act Nº 78-17 of January 6th 1978, SAS Gîtes de France reserves the right to transmit your personal information either to conform to a legal requirement, or by application of a legal, administrative or independent administrative (for example, from the National Commission on Information Technologies and Liberties) ruling.

V.4 Updating personal information

You accept to ensure, whenever necessary, to update your personal information. You furthermore accept to confirm that your personal information is exact, complete and unequivocal. By means of your password and login you can, at any moment, access your User Account, which contains all the personal information that you provided to Good Spot.

V.5 The security of your personal information

In accordance with the Data Protection Act Nº 78-17 of January 6th 1978, and in view of the nature of the information and the handling thereof, SAS Gîtes de France accepts to take all useful precautions in order to ensure the security of your personal information and, more specifically, to prevent the distortion and corruption of your personal information, and to prevent it from being accessible to unauthorised third parties.

V.6 Website hosting

The website host mentioned in Article 1.1 “Scope of application and definitions” acts as a subcontractor for SAS Gîtes de France in accordance with the Data Protection Act Nº 78-17 of January 6th 1978, exclusively obeys written orders from SAS Gîtes de France and does not possess the right to use the personal information of users to which it may have access, unless it be in order to carry out technical services concerning hosting and database management, and only within the scope of the contractual conditions agreed and signed by the host and SAS Gîtes de France, which cannot be exempt from the present Article.

V.7 Intellectual property

All the media used (the good-spot.com, goodspot.fr good-spots.com or any other applications) are property of SAS Gîtes de France. Any copy, even partial, is subject to prior authorisation in writing by SAS Gîtes de France. Any hypertext link towards a page other than the homepage of the website is subject to prior authorisation in writing by SAS Gîtes de France. Visitors to the Website accept to not copy any of the Website’s elements. Any improper use of all or part of the Website or of any of its elements would constitute a forgery that may lead to civil and/or criminal proceedings and expose the visitor to the associated sanctions.

V.8 Partner websites

By accepting the following TCU, you accept that the information submitted on registration may be published on other media belonging to SAS Gîtes de France.

SAS Gîtes de France reserves the right to copy any information featuring on the Website or on partner websites. More specifically, the advertisements published on one of the websites that is edited or jointly edited by SAS Gîtes de France may be reproduced on other websites edited or jointly edited by SAS Gîtes de France or third parties.

VI- Litigation and limitations

VI.1 Handling litigations amongst Members

SAS Gîtes de France is at its Members’ disposal via its Customer Relations service. This service is primarily aimed at handling claims pursuant to the cancellation of Bookings. The litigation resolution service is not held to any obligation for results when seeking the resolution of litigation amongst Members. If no solution is reached for litigation opposing an End User and a Guide, SAS Gîtes de France reserves the right to sequester the amounts paid by the End User until a definitive out-of-court settlement is reached or a judiciary ruling is pronounced.

VI.2 Statute of limitations

Any claims against SAS Gîtes de France and relating to the present TCU expire after a period of one year. It will be irrefutably presumed that the Guide or the End User waive right to a payment that has not been requested after a period of one year. Unclaimed amounts become property of SAS Gîtes de France.

VI.3 Competent Jurisdiction

In the case of litigation, the competent jurisdiction will be deemed to be the competent courts in the location of the Company’s headquarters.

 

CHAERTER OF GOOD CONDUCT FOR GOOD SPOT MEMBERS

What is the charter of good conduct?

The dispositions of the present Article constitute the “Charter of good conduct for the Good Spot platform”. This Charter reflects the core spirit of the Good Spot service, in which each user is united, responsible and respectful. It applies to all members of the website and of the service provided by Good Spot.

1. Proposed experiences

The Guide accepts to only publish experiences on the website that correspond to his/her knowledge and skills. Information concerning the itinerary, the execution of the experience, comfort, schedules, conditions for participation and all logistical details, are provided beforehand to the travellers. The Guide accepts to respect the description of her/his experience.

2. Security and comfort

Each Guide accepts to avoid taking risks when sharing his/her experiences. The Guide also accepts to provide the correct security equipment should this be necessary. The traveller accepts to respect all conditions/precautions mentioned by the Guide and to not interfere in the sharing of the experience.

3. Fees and Rates

Guides and travellers accept to respect the terms and conditions of the Good Spot service during the booking procedure. They specifically accept not to make any exchanges of money beyond the Good Spot medium.

4. Punctuality

All members are obliged to respect the schedules established before the experience. The guide and the traveller must arrive at the agreed location at the agreed time.

5. Upholding the Law

Travellers and guides accept to uphold the current law in the location of the experience, with no exceptions.

6. Respecting the environment and local populations

All members accept to respect the environment, and specifically not to leave any refuse on the location of the experience, not to cause any damage, to optimise their means of transportation, etc.

All members accept to respect the moral standards and customs of native populations.

7. Enjoyment

Good Spot is, above all, a platform for exchange; we invite you to enjoy yourselves and to share your enjoyment with your family circle during Good Spot experiences.

End of the Terms and Conditions of Use of the Good Spot platform


 [VB1]A priori on récupère cette adresse mail : attente confirmation de Guillaume

The Good Spot platform provides members with communication and exchange tools. These tools, such as the internal messaging service, can be subject to storage or formatting constraints. Neither Good Spot nor SAS Gîtes de France may be held responsible for this.

Furthermore, the Good Spot website and/or SAS Gîtes de France reserve the right to moderate these exchanges in order to ensure that they respect the TCU. In particular, SAS Gîtes de France reserves the right to withdraw members’ contact information when it is shared outside the normal booking procedure, or any comment that is abusive or contrary to regulations.

II.6 Financial and tax dispositions

The amounts received by SAS Gîtes de France via the Good Spot platform, not taking into account booking fees and commissions, are deposited in a holding account. The deposited amounts are affected to the payment of the Guides. Payment orders submitted by Members in accordance with the present TCU are irrevocable and will be executed by SAS Gîtes de France’s bank. By express agreement, Members, End Users or Guides accept that the amounts received do not give rise to interests. The End User and the Guide accept to respond to any requests made by SAS Gîtes de France and/or by its bank and, in more general terms, by any competent administrative or legal authority with regards to the prevention of money laundering; more particularly, they accept to submit any justifications of their address or identity. Failing an immediate response to such requests, the End User and the Guide accept in advance that SAS Gîtes de France will unilaterally take any steps that is sees fit, particularly concerning the freezing of paid amounts and/or the suspension of the services used by the End User or offered by the Guide. No payment may be made to the Guide on an account that has not been opened in his/her name or that has not been indicated on the Good Spot platform’s media.

Guides are also clearly notified that they are solely responsible for their accordance with local tax rules and regulations, particularly concerning taxes that apply to their activity (e.g. VAT). SAS Gîtes de France takes responsibility for billing VAT on the fees deducted when this tax is due in France or within the European Union if the EU VAT number is not communicated. It is clearly stated that international or EU Guides with EU VAT will be responsible for declaring the VAT that is applicable in their country.

Each Guide accepts to declare the commissions received from SAS Gîtes de France via the Good Spot platform according to the nature of his/her activity, so that she/he is in accordance with his/her country’s tax dispositions.

III. Insurance       

The Guide accepts to be insured in accordance with current legislation and to verify the validity of his/her insurance and the obligation to be insured prior to the experience. She/he also accepts to be in possession of all the documents required for the satisfactory execution of the experience. (driving licence, authorisation from the local authorities if the site is protected, sporting federation licence, diploma, boating licence, etc.)

The Guide must specifically ensure that his insurance enables him/her to transport/guide End Users and that her/his insurance covers all the transported/guided persons as well as the eventual consequences arising from an incident/accident that may occur during the experience.

As concerns sports activities, and whenever necessary, the Guide must certify that he/she has taken out all required insurance, as well as being in possession of all necessary State-approved diplomas.

The End User and the Guide are notified of the fact that insurers may refuse to cover damages that may arise during an experience from which the Guide may have made a benefit or may have been in a situation deemed as a professional activity. He/she would thus have to cover the financial consequences of the absence of cover for an eventual accident on the part of her/his insurance contract, without bringing into play SAS Gîtes de France’s liability.

The present clause exonerates SAS Gîtes de France’s liability with regard to the GUIDE and END USER.

The End User accepts to notify the Guide about any health issues that he/she may have.

SAS Gîtes de France reserves the right to immediately suspend the Member account and the associated amounts, and to notify the necessary authorities about any activity that is contrary to Good Spot’s TCU.

 

IV- Responsibility

SAS Gîtes de France declines responsibility for the content submitted by Members to the Good Spot platform. This is particularly the case for the “Agenda” that covers information concerning public or private events and information provided by Members. Nonetheless, as soon as SAS Gîtes de France is notified that a given content on the Good Spot website may affect the rights of third parties, the latter will do all that is in its power to remove forthwith the contentious content from the Website.

Whether they are End Users or Guides, all members act under their sole and entire responsibility. Good Spot is an exchange service and in no way ensures the quality, veracity and risks incurred by the proposed experiences. In this sense the execution of the experience itself cannot bring into play SAS Gîtes de France’s liability under any circumstance, given that the service provided is an exchange service. SAS Gîtes de France’s liability cannot be brought into play in the case of an accident that may have arisen due to causes such as: the Guide communicating erroneous information concerning the experience and its details; the cancellation of the experience by the Guide or the End User; fraudulent behaviour or wrongdoing committed by a guide or an End User before, during or after the experience; non-compliance with appropriate precautions (particularly regarding the use of equipment or vehicles); non-compliance with local legislation.

SAS Gîtes de France does not ensure the guaranteed payment of the Guide in any of these cases. It strives to ensure the availability of the website and its service 24 hours a day and seven days a week. Nonetheless, access to the website or to its service may be interrupted in the scope of maintenance activity, updating hard- or software, urgent website maintenance, or as a result of occurrences beyond the control of SAS Gîtes de France (such as the failure of telecommunications equipment). SAS Gîtes de France accepts to take all reasonable steps to limit the scope of these disruptions if this is in its power. Members acknowledge and accept that SAS Gîtes de France will not assume responsibility towards them for any unavailability, suspension or disruption of the website or its service, and that it cannot be held liable for any direct or indirect inconvenience of any kind that may arise from this. In any case, and without affecting the aspects mentioned above and in other clauses concerning the absence of SAS Gîtes de France’s liability, any cause of liability that may be upheld against SAS Gîtes de France will only give rise to the payment of compensation and interests whose amounts will be limited to the amounts paid in as bank fees and commissions.

Guides have sole responsibility for the prices established in the experience advertisements.

Guides accept to provide any security equipment that may be necessary for the execution of their experiences, to ensure that the End Users fully understand its nature and use, and to ensure that it is correctly maintained.

Notwithstanding, SAS Gîtes de France accepts to do all that is within its power to ensure satisfactory quality of all the experiences offered on its media.

V- Handling users’ personal information and website content

V.1 General dispositions

In accordance with the dispositions of the “Loi Relative à l’Informatique, aux Fichiers et aux Libertés” (Data Protection Act) Nº 78-17 of January 6th 1978, modified by the Data Protection Act Nº 2004-801 of August 6th 2004, SAS Gîtes de France, under the register Nº 1208357, has made a preliminary declaration to the “Commission Nationale de l’Informatique et des Libertés” (CNIL – National Commission on Information Technology and Liberties) regarding the way it handles your personal information, in accordance with the simplified regulation Nº 48 (ruling of the CNIL Nº 2005-112 of June 7th 2005 on the creation of a simplified regulation regarding the automated handling of personal information pertaining to the handling of client and prospect files – JO Nº 149 of June 28th 2005). The body in charge of handling your personal information is SAS Gîtes de France. In accordance with the dispositions of the simplified regulation Nº 48, the only individuals who have access to your personal information are SAS Gîtes de France’s employees and service providers whose task involves running the website or providing its service. Information marked as being obligatory on the form that enables you to become a website and service user requires an accurate response on your part. Any lack of response, or any response deemed to be anomalous by SAS Gîtes de France may entail its refusal to take into account your request to register for the service. Data collected by SAS Gîtes de France in the scope of the services provided on the Website are handled in accordance with the dispositions of the simplified regulation Nº 48 and the Data Protection Act of August 6th 2004.

V.2 Providing your personal information to third parties

In accordance with the dispositions of the simplified regulation Nº 48, SAS Gîtes de France reserves the right to provide all or part of Members’ personal information in strict accordance with simplified regulation Nº 48 and the Data Protection Act of August 6th 2004. Any use of personal information that differs from the aforementioned must be subject to Members’ individual, prior and explicit consent.

V.3 Right of access, modification and opposition

In accordance with the Data Protection Act Nº 78-17 of January 6th 1978, you have the right to access and correct your personal information by making a request to the Website’s webmaster, except for the personal information you provided to the Good Spot platform when you filled in the online registration form, for which you have the sole right to modify and update it in accordance with the dispositions of Article ViI.4, “Updating personal information”. In accordance with the Act Nº 78-17 of January 6th 1978, you have the right to oppose freely and without cost the use of your personal information for prospection purposes, in particular of a commercial nature, by SAS Gîtes de France or by its commercial partners. If your right of opposition is exercised for this reason directly to SAS Gîtes de France, the latter accepts to transmit your opposition to its contractual partners to which it may have eventually provided your personal information. In accordance with the Data Protection Act Nº 78-17 of January 6th 1978, SAS Gîtes de France accepts not to transmit your personal information, including information provided to eventual commercial partners, outside the European Union, unless it obtains your specific consent in this sense. In accordance with the Data Protection Act Nº 78-17 of January 6th 1978, SAS Gîtes de France reserves the right to transmit your personal information either to conform to a legal requirement, or by application of a legal, administrative or independent administrative (for example, from the National Commission on Information Technologies and Liberties) ruling.

V.4 Updating personal information

You accept to ensure, whenever necessary, to update your personal information. You furthermore accept to confirm that your personal information is exact, complete and unequivocal. By means of your password and login you can, at any moment, access your User Account, which contains all the personal information that you provided to Good Spot.

V.5 The security of your personal information

In accordance with the Data Protection Act Nº 78-17 of January 6th 1978, and in view of the nature of the information and the handling thereof, SAS Gîtes de France accepts to take all useful precautions in order to ensure the security of your personal information and, more specifically, to prevent the distortion and corruption of your personal information, and to prevent it from being accessible to unauthorised third parties.

V.6 Website hosting

The website host mentioned in Article 1.1 “Scope of application and definitions” acts as a subcontractor for SAS Gîtes de France in accordance with the Data Protection Act Nº 78-17 of January 6th 1978, exclusively obeys written orders from SAS Gîtes de France and does not possess the right to use the personal information of users to which it may have access, unless it be in order to carry out technical services concerning hosting and database management, and only within the scope of the contractual conditions agreed and signed by the host and SAS Gîtes de France, which cannot be exempt from the present Article.

V.7 Intellectual property

All the media used (the good-spot.com, goodspot.fr good-spots.com or any other applications) are property of SAS Gîtes de France. Any copy, even partial, is subject to prior authorisation in writing by SAS Gîtes de France. Any hypertext link towards a page other than the homepage of the website is subject to prior authorisation in writing by SAS Gîtes de France. Visitors to the Website accept to not copy any of the Website’s elements. Any improper use of all or part of the Website or of any of its elements would constitute a forgery that may lead to civil and/or criminal proceedings and expose the visitor to the associated sanctions.

V.8 Partner websites

By accepting the following TCU, you accept that the information submitted on registration may be published on other media belonging to SAS Gîtes de France.

SAS Gîtes de France reserves the right to copy any information featuring on the Website or on partner websites. More specifically, the advertisements published on one of the websites that is edited or jointly edited by SAS Gîtes de France may be reproduced on other websites edited or jointly edited by SAS Gîtes de France or third parties.

VI- Litigation and limitations

VI.1 Handling litigations amongst Members

SAS Gîtes de France is at its Members’ disposal via its Customer Relations service. This service is primarily aimed at handling claims pursuant to the cancellation of Bookings. The litigation resolution service is not held to any obligation for results when seeking the resolution of litigation amongst Members. If no solution is reached for litigation opposing an End User and a Guide, SAS Gîtes de France reserves the right to sequester the amounts paid by the End User until a definitive out-of-court settlement is reached or a judiciary ruling is pronounced.

VI.2 Statute of limitations

Any claims against SAS Gîtes de France and relating to the present TCU expire after a period of one year. It will be irrefutably presumed that the Guide or the End User waive right to a payment that has not been requested after a period of one year. Unclaimed amounts become property of SAS Gîtes de France.

VI.3 Competent Jurisdiction

In the case of litigation, the competent jurisdiction will be deemed to be the competent courts in the location of the Company’s headquarters.


Mail : contact@good-spot.com