By refusing this contract, Mytriplan cannot give you a license to access its Platform and the Services offered on it.
By accepting these Terms you certify that you comply with them and with all laws, rules and regulations applicable to your use of the Platform and the Local Services you offer or reserve.
1.1-Mytriplan is a technological platform allowing registered users (the “Members”) to offer services (the “Local Services” offered by the “Triplanners”), by publishing them on the Mytriplan Platform ( ” Ads “) and to communicate via different solutions with members wishing to book these Local Services (the ” Travelers “). The Triplanners propose the creation of a personalized travel program, including the search for activities, means of transportation or the provision of travel advice.
Mytriplan offers the possibility to access tourist information as well as advice to prepare your trip. However, Mytriplan cannot guarantee the accuracy of the information or that the advice provided is suitable for all Travelers. Travelers should therefore ensure the accuracy of the information and the need to follow the advice provided.
1.2-In the present case, you acknowledge that Mytriplan is not the owner and does not create or sell, provide, control, manage or offer any Ads or Local Services. The fact of publishing an advertisement on the Mytriplan Platform does not relieve the Triplanner, which remains solely responsible for its Ads and Local Services.
By accepting a reservation there is the conclusion of a contract between the Triplanner and the Traveler having concluded the agreement. Under no circumstances may Mytriplan become part of a contract between Members.
The Triplanners act on their own behalf as independent third parties and not as employees, agents, members of a joint venture or partners of Mytriplan.
Similarly Mytriplan, is not a travel agency, and therefore does not make any activity, transport, accommodation or any other service reservations on behalf of a Traveler.
1.3-Mytriplan does not verify any Member and cannot guarantee the quality, accuracy, truthfulness, reliability or any other aspects concerning the profile of Members, their Ads or the Local Services they offer.
It is also advisable for each Triplanner to ensure the legality of the activities proposed in the Local Services that they propose and for each Traveler to be attentive before carrying out an activity or booking a Local Service.
1.4-Mytriplan and its Members may publish Ads, Local Services or any other content on other websites, other applications, emails or any other advertising medium. The use of all or part of the content of the Mytriplan Platform must be submitted to Mytriplan for approval, in particular through the use of tools expressly made available for this purpose or the formal agreement. The use of the “share” buttons is a valid Mytriplan approval, under reserve that the shared content is not modified.
1.6- Mytriplan cannot guarantee uninterrupted and continuous access to the Mytriplan Platform. Our servers may be taken out of service, subject to an availability limitation linked to a zone or a service without justification in order to preserve the integrity or security of our servers or to perform maintenance operations. Mytriplan may at any time modify, delete or add new services to the Mytriplan Platform.
Mytriplan cannot guarantee access to the Platform under any particular hardware or device, in addition, the Services may be subject to malfunctions and delays inherent to the use of the Internet and electronic communications.
2.1-Each Member must be able to contract according to the regulations in force in its country. Accordingly, you certify that you are at least 18 years old and have the capacity and authority to contract.
2.2-Mytriplan may, in accordance with applicable privacy regulations, and in order to protect its other Members or to ensure compliance with the law, verify information submitted by a Member and in particular its identity and background. Mytriplan may consult external databases or request reports from service providers.
2.3-Mytriplan can offers several recording modes to the Platform :
- Account creation: you will be asked for a certain amount of information (identity, mobile phone, address, bank details, etc.). You agree to keep this information always up to date.
- Using your social network accounts authorized by Mytriplan : Mytriplan will retrieve the information on the chosen social network and will ask you what it could not obtain.
The creation of an account in the name of a legal entity can only be done by a person having the powers to legally bind the legal entity. Mytriplan may ask you for any evidence of this authority and you agree to provide it in good faith.
2.4-Every account is nominative to a Member, consequently you are committed towards all the operations carried out from and on this account. Consequently, you ensure to preserve the security of your account and in particular the information necessary to access your account (username and password).
In case of suspicion of loss, theft, embezzlement or compromise of your account or your login details you must immediately inform Mytriplan in order to proceed to the account blocking and recovery procedure. If your account has not been reported you remain responsible for actions taken on or with it.
Each person can only have one account that allows them to be both “Triplanner” and “Traveler” depending on the services you access.
2.5-By using the Mytriplan Platform you certify that you do not reside and offer any Local Services in countries under European embargo or designate as supporting terrorism.
Persons and legal entities appearing on the list of prohibited or restricted parties will not be able to access the Platform.
4.1-Mytriplan provides its Platform to allow Members to view, create, modify, delete, receive and store content (photo, text, video…etc). By agreeing to use the services of the Platform and to publish or store content on it, you agree to renounce the intellectual property rights to this content in favour of Mytriplan and its licensed providers. You grant a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of protection), assignable and sublicensable license to such content for any use that Mytriplan deems necessary without compensation to you.
4.2-By making Content available on or through the Mytriplan Platform you certify and warrant that you are either the sole owner of the Content or that you have the necessary rights, licenses and permissions to grant Mytriplan the license as defined in section 4.1. You warrant to Mytriplan that the use of your Content will not infringe any patent, copyright, trademark, trade secret, moral or other proprietary or intellectual property rights, or publicity or privacy rights of any third party, and will not violate any applicable law or regulation.
4.3-Mytriplan seeks to comply with all copyright and intellectual property laws but cannot guarantee that all Content is free of all rights, in particular in content published by Members. If you believe that any content may be contrary to these laws please notify Mytriplan as soon as possible so that we can take corrective action.
4.4-The content of the Mytriplan Platform is protected by copyright, trademark law and all other laws granting exclusive ownership of such content to Mytriplan and/or its licensors. Any use of all or part of the Platform’s content must be accompanied by copyright, trademark or any other proprietary right notices that have been incorporated by Mytriplan on its Platform and its content.
All Mytriplan trademarks, logos, trade names and other distinctive marks are registered trademarks of Mytriplan.
4.5-You may not use or license the Content in any way without Mytriplan’s express permission except if you are the full owner of the Content. Except for the cases specified in these Terms, Mytriplan does not grant any license or right by implication.
4.6-Through your publications, uploads, transfers and content submitted via the platform you agree to :
- Do not download viruses or malicious code;
- Not be violent, threatening or inciting to be violent and threatening towards others ;
- Do not try to deceive, cheat or lie to others;
- Not to use the services of the Platform and not to offer any activity and/or services for defamatory, slanderous, obscene, pornographic, vulgar or offensive purposes ;
- Do not incite hatred, discrimination, fanaticism, racism, intolerance, harassment or harm to others ;
- Do not encourage or offer illegal or dangerous activities ;
- Do not attempt to interfere with the proper operation of the Platform.
In case of breach of this article Mytriplan may, without notice, take a sanction as defined in article 13.2 of these Terms and contact if it deems necessary the competent authorities.
4.7-Subject to your compliance with these Terms, Mytriplan grants you a limited, non-exclusive, non-transferable, revocable, non-sublicensable license to access and use the Platform and all associated services on all media including your personal devices.
5.1-When you create an Ad on the Platform, you agree to provide complete and accurate information, particularly with regard to restrictions on the performance of activities offered in the Local Services that you offer to Travelers.
5.2-When you approve a booking request you enter into a legally binding agreement with that Traveler, and are then required to provide the Local Services set forth in your Advertisement and pay the service charges applied to the Triplanners in accordance with the Fare and Payment Policy.
5.3-When you propose a Triplan to the Traveler you are obliged to ensure that the activities are available at the times and dates suggested and to the Traveler and his co-travelers (such as persons with reduced mobility, minors, number of persons) in accordance with the information provided by the Traveler at the time of booking. You may be held liable if the Travelers are unable to carry out the activities included in the Triplan.
5.5-You certify that you understand and comply with all laws relating to the Local Services that you offer and that it is your responsibility to obtain all licenses, authorizations and registrations allowing you to offer your Local Services.
All the activities you offer must comply with the laws in force in the geographical area where the activities take place.
5.5-Your account being nominative you must provide yourself the Local Services that you offer and cannot transfer, lend or authorize a third party to use your account to perform the Local Services that you offer without Mytriplan’s prior authorization.
5.6-Ads insertion and classification depend on several factors related to search parameters, Travelers’ preferences, Triplanner specialties, Triplanner history, Triplanner ratings, booking ease and Triplanner availability.
6.1-Mytriplan allows you via its Platform to consult the Ads of the Triplanners and to reserve their Local Services at the Total Price displayed. This Total Price includes the price charged by the Triplanner, Mytriplan service charges and all applicable taxes.
Your reservation will be effective only after the payment of the Total Price, the Triplanner will then receive your reservation which it can then accept or refuse. If the Triplanner accepts, your reservation is confirmed, if it refuses you will be refunded and you will have the possibility to book Local Services from another Triplanner.
6.2-You are bound by a legally binding agreement with the Local upon confirmation of the reservation.
6.3-Before any reservation request you must provide all necessary details to the Triplanner so that he can prepare the most suitable travel program. Thus, the Triplanner cannot be held responsible if the travel program is not adapted due to a lack of information transmitted by the Traveler.
It is your responsibility to verify that the travel programme defined by the Triplanner is adapted as soon as it is received, in particular by ensuring that the activities correspond to your expectations and that they are accessible to all co-travelers. You must inform the Triplanner of any unsuitable activity so that it can proceed to its replacement.
You may report to us any activity that you believe is contrary to these Terms and particularly any activity that violates the law so that Mytriplan can take the necessary measures.
6.4-You have the possibility to add activities to your travel program by searching among activities already registered or by creating a new activity. By creating a new activity you can make it strictly private, only accessible to you in order to protect your private life, private, and therefore only accessible by the Triplanner that advises you and you, or public, and it will appear to other Members organizing a trip.
Mytriplan reserves the right to verify the activities created, whether public or private, before making them accessible to the Triplanner or to other Members.
6.5- You certify that you understand and respect all the laws relating to the activities that are proposed to you and it is your responsibility to obtain all licenses, authorizations and registrations necessary to carry out the activities.
All the activities you carry out must comply with the laws in force in the geographical area where the activities take place.
In case of suspicion of illegal, immoral or contrary to public order activity you can report such activities on the Platform so that it can be withdrawn.
6.6-You acknowledge that certain activities proposed by a Triplanner via the Mytriplan Platform may present risks. By participating in these activities you freely and fully agree to bear the risks inherent to them.
Under no circumstances can the Triplanner or Mytriplan be held liable in the event of damage suffered during an activity.
Mytriplan acts as a trusted third party between the Triplanner and the Traveler and as such facilitates payment for Local Services. Mytriplan is responsible for calculating the taxes applicable to all transactions and collects, from the Traveler, the payment of the service and the taxes he pays, when the Local Services are performed, to the Triplanner.
7.2-Mytriplan offers you several possible payment methods and allows you to choose the payment method that suits you best.
7.3-Mytriplan reserves the right to apply service charges to Members when Advertising and/or booking Local Services under the current Tariff and Payment Policy.
7.4-Mytriplan shall inform the Triplanner before publishing an Announcement and/or the Traveler before booking a Local Service of the amount of the service charges that will be applied.
Mytriplan reserves the right to modify freely and at any time the Tariff and Payment Policy and the service charges that may apply. It shall notify Members at least 15 (fifteen) days before the new pricing policy and service charges are implemented.
The new service charge will not apply retroactively to bookings already made whether or not Local Services have been made.
7.5-Service charges are to be paid to Mytriplan in accordance with the current Tariff and Payment Policy. They are not refundable unless for cases specifically stipulated by the Tariff and Payment Policy.
7.6-Payment for Local Services outside the Platform is strictly prohibited after use of the services made available on the Platform. By doing so, you terminate your contract with Mytriplan by breaching these Terms and you may be subject to legal action. Furthermore, Mytriplan is no longer responsible for the payment and for the contractual relationship between the Triplanner and the Traveler and you therefore assume full responsibility.
7.7-You acknowledge that Mytriplan may, at its sole discretion, round up or down the various prices, taxes and fees used to calculate the Total Price.
8.1-The Traveler can modify at any time and in the respect of the conditions of the Local Announcement his reservation and in particular the dates and schedules, the number of person or any other detail on his trip. He accepts the additional costs associated with these modifications and in particular the price of the modifications, taxes and service charges.
8.2-The Local may modify the travel programme even after validation of it by the Traveler subject to a new validation of the latter upon receipt of the proposal. In case of refusal or absence of response the previous validated travel program will be kept.
8.3-The Traveler may cancel a confirmed reservation at any time and be reimbursed subject to the cancellation conditions. Remaining amounts due to the Local, and service charges shall not be reimbursed to the Traveler except in extenuating circumstances.
8.4-A Triplanner may cancel a confirmed reservation, which will result in full reimbursement of the Total Expenses Traveler. In accordance with the rules for the classification of Ads, the classification of Ads of the Triplanner may be affected by this cancellation. Mytriplan may also keep informed other Travelers and/or future Travelers of the number or rate of cancellation.
8.5-Mytriplan may decide, at its sole discretion, to cancel a booking and refund the Traveler, if Mytriplan believes in good faith that the cancellation is necessary to protect the interests of the Triplanner, the Traveler, Mytriplan or its stakeholders.
The evaluation system implemented on the Platform is based on 2 criteria :
- A rating in the form of stars ranging from 0 (lowest rating) to 5 (highest rating) stars ;
- A commentary allowing Members to contextualize and explain their rating;
9.1-On completion of a Local Service, the Traveler and the Triplanner shall leave a note and a comment about their Triplanner and Traveler.
The Traveler will also have the opportunity to rate and leave a comment on each activity and/or city included in their travel program.
9.2-In order to allow other Members to form a sincere opinion on the quality of another Member, opinions and comments must be honest and based on facts, however, Mytriplan cannot verify them and they can be subjective, misleading or unfounded. It is therefore appropriate to give relative importance to evaluations and to take into account that they reflect only an evaluation of a relationship between two Members.
The overall rating and comments represent the opinion of the Members and not the Mytriplan opinion which is not involved in the evaluation except as provided in these Terms.
9.3-It is strictly forbidden to manipulate by any means whatsoever the evaluation system or comments.
Mytriplan reserves the right to apply sanctions ranging from not taking into account evaluations and comments, to restricting access to certain services of the Platform or blocking the account for repeat offenders.
10.1-Mytriplan proposes in the event of a dispute between Members arising from the use of the Platform a dispute resolution system accessible directly on the Platform.
By accepting one of the dispute resolution systems offered free of charge by Mytriplan you accept to renounce of any other recourse, to appeal to third parties or to mediatise the dispute.
10.2-During his trip, the Traveler may face activities proposed by the Triplanner that are unavailable at the date and time provided for in the travel programme. If he wishes to be compensated he must within 14 (FOURTEEN) days after the end of the trip report the activities in which he could not participate and provide proof that the activity was not available (e.g. opening hours, maximum number of people, condition of access to the activity). If no activity is reported after this time it is considered that all activities have been completed and no compensation will be possible.
The fact that an activity must be reserved is not a valid reason to hold the Triplanner liable. Each Traveler remains responsible for making the bookings he deems necessary and those even if the Triplanner has not given him any advice or advised him that it was not necessary to book.
10.3-If activities are reported as unavailable, the Traveler and the Triplanner may agree on compensation via reimbursement of part of the Local Service Price rendered. If an agreement is reached Mytriplan will proceed to the payment of the Triplanner and possibly the reimbursement of the Traveler.
If no agreement is reached, it is the Traveler’s responsibility to complete a formal complaint with Mytriplan via the form provided. The Traveler and the Triplanner must therefore provide proof that they are not responsible for the unavailability of the activity. Mytriplan will, in good faith, propose a resolution to the dispute.
Unless he can prove that the Traveler did not communicate the information that led to the unavailability of the activity and except in extenuating circumstances, the Triplanner will be held responsible and the Traveler will be reimbursed for the proportional amount of the activities not carried out in relation to the activities carried out.
10.4-Members agree to cooperate in good faith with Mytriplan, to provide all information and documents required to resolve any dispute arising from the use of the Mytriplan Platform.
You also undertake to respect the conclusions of the resolution of the dispute and to proceed, where applicable, to the payment which is incumbent upon you.
11.1- It is the responsibility of each Member to know and understand the tax obligations applicable to them through their use of the Mytriplan Platform.
11.2-If the tax regulations to which you are subject impose us or allow us, you agree to transmit, on simple request of Mytriplan, all the tax data necessary for the fulfilment of our tax obligations and to authorize Mytriplan to collect and pay taxes on your behalf.
Mytriplan will inform you of taxes collected and paid on your behalf, so you are not authorized to collect taxes if they are already collected by Mytriplan, and will inform you of any termination or addition of taxes collected and paid on your behalf.
11.3-You acknowledge that no claim or dispute in connection with Mytriplan’s facilitation of the Collection and Payment of Taxes shall be extended to any supplier or service provider that Mytriplan may use in connection with the facilitation of the Collection and Payment, if any. Travelers and Triplanners agree that we may seek to recover additional amounts from you if the taxes collected and/or remitted are insufficient to fully meet your obligations to the Tax Administration, and agree that their only recourse in respect of the taxes collected is to refund the taxes collected by Mytriplan from the relevant Tax Administration in accordance with the applicable procedures established by such Tax Administration.
12.1-It is your sole responsibility to comply with all laws, rules, regulations and tax obligations applicable to your use of the Mytriplan Platform.
In addition, Mytriplan reminds you that the following actions are strictly prohibited in the use of the Mytriplan Platform and you agree not to:
- assist or enable others to do the following;
- not respecting applicable laws or regulations in your country, agreements with other Members, the privacy of other Members, or our Terms, Policies or Standards ;
- make others believe in the existence of a commercial partnership with Mytriplan so as to mislead them;
- to contact other Members for commercial purposes not related to Mytriplan or purposes other than “normal” activity on the Platform;
- lend your personal account, or communicate the login details allowing you to connect to it or make a reservation for Local Services on behalf of others with whom you do not travel;
- creating multiple accounts or trying to create multiple accounts using different account creation techniques ;
- use the Platform fraudulently by seeking to circumvent the measures put in place in order to benefit from Local Services or Mytriplan services without paying the Total Price defined or not making the payment on the Platform;
- adopt a discriminatory attitude towards other Members or Mytriplan or aiming to harass for any reason whatsoever discriminate or harass any person for any reason whatsoever or a violent attitude ;
- seek to harm Mytriplan by any means, including imitation, copying or use of Mytriplan’s property or attempted misappropriation of the Platform’s protective measures in place; or,
- seek to harm any person or entity related to Mytriplan or its Platform.
12.2-As a Member of the Platform you agree to report any suspicion or evidence of use of the Platform contrary to law, these Terms or any other Mytriplan policy.
In accordance with the law of your country, it is also your responsibility to report any inappropriate or unlawful conduct to the appropriate authorities and to contact us in order to cooperate with them.
12.3-In the event of suspicion or evidence of inappropriate behaviour, contrary to the law or to these associated conditions and policies, Mytriplan reserves the right (in its sole discretion) to verify, restrict, block or delete an account.
13.1-You may terminate this agreement at any time without charge and without cause by sending an email to the address available on the platform.
13.2-Mytriplan may at any time delete, block or restrict your account if (i) Mytriplan has serious reason to believe that you have not complied with these terms and conditions and its associated texts or with applicable law, (ii) Mytriplan believes, in good faith, that this is necessary to protect its security, its integrity or that of its Members or third parties, (iii) an investigation is ongoing or necessary to comply with administrative authorities, (iv) you have received too many negative reviews or have cancelled too many reservations.
13.3-Mytriplan will take all necessary measures with regard to your reservations in progress in order not to penalize the other Members and Mytriplan. On this occasion you may be asked to pay a service fee or the price of current Local Services.
13.4-In case of blocking, deletion or restriction of your account, Mytriplan will inform you by email and allow you to give explanations, allowing Mytriplan, at its sole discretion, actions to consider.
Mytriplan may collect and process personal data about you when you use the Platform. By logging in as a Member you consent to Mytriplan collecting and using your personal data in accordance with the law and policy on personal data.
In the event of a dispute with the company holding the Mytriplan trademark and/or its properties, you are obliged, in accordance with the mediation rules, to inform Mytriplan in writing in order to obtain an amicable solution. If no agreement is reached, any legal proceedings must be brought before the court of Toulouse, France.
Mytriplan is a registered trademark referring to the micro-enterprise Bastien Pailloux-Mazars, registered in the Toulouse Trade and Companies Register under registration number 838 242 329, whose registered office is located at 50 rue de Savoie, 31700 Blagnac. This company is the publisher of the Mytriplan platform.
Contact : firstname.lastname@example.org
(+33) 6 48 56 13 45