General conditions of use (GCU)
AEOLIS Sas is domiciled in France. AEOLIS operates the Babeltrek online platform, hereafter Babeltrek.
1 - Babeltrek: The concept
Babeltrek is a linking service between:
- individuals making a reservation request for their next trip (hereinafter Trekkers)
- Travel Guides on Babeltrek (Hereafter Guides)
2 - Application of the Terms
In the event of a difference of interpretation between the French version and a version in another language of the Terms and Conditions of Use (hereinafter GCU), the French version shall prevail.
These conditions apply between the User and Babeltrek. They govern the use of the site by the User and the terms of the agreement between Babeltrek and the User. The User agrees to be bound by these Terms. The User acknowledges having read and understood.
Guides and Trekkers are the only contractors of
- the legal contract for the provision of hiking trekking activities- other tourist services and corresponding reservation transactions.
Such transactions are outside the scope of the linking service provided by Babeltrek.
There may be situations in which the Trekker will be required to accept additional terms and conditions provided by the Guides. Such conditions will be added to these terms and conditions.
AEOLIS SAS reserves the right to change or modify these conditions at its sole discretion and at any time. By using this site, the User agrees that the publication of new or revised conditions on the site constitutes sufficient notification of all revisions and modifications. Continued use of the site after such modifications or after the explicit acceptance of the new conditions formalizes the acceptance by the User of these modifications.
By accepting these Terms, the User agrees that some of his personal information is communicated to Babeltrek.
3 - Intellectual property
Babeltrek, its logo and any other brand or logo appearing on the site www.Babeltrek.com are registered trademarks protected by the legal provisions applicable to the rights on the intellectual property.
Babeltrek relies on the platform Sharetribe, its conditions of use apply in addition to the Terms.
The images in the ads are the responsibility of advertisers and must respect the intellectual property (in case of breach, you can contact the advertiser to report). Apart from the advertisements, the images used for the site "www.Babeltrek.com " (with the exception of the logo and the brand) are free of rights. The image used is available here.
4 - Availability and access to the site
The User acknowledges having the skills and means necessary to access and use the Babeltrek.com website. It is accessible to the User 24 hours a day, 7 days a week, unless otherwise specified.
The Babeltrek company can not be held liable for the technical unavailability of the connection, due in particular to a case of force majeure, maintenance, an update, a modification of the site, an intervention by the host, an internal or external strike, a network failure, a power failure, or a misconfiguration or use of the computer of the User.
Babeltrek reserves the right to suspend any or all of its services at any time without prior notice.
In the event of a material breach of these Terms, Babeltrek, in its sole discretion, may, without any liability to the Guide or the Trekker, terminate the access to the website, disable or delete the accounts and all related information and content.
The User certifies that he has taken all appropriate measures to protect his own data and / or software from the contamination of any viruses circulating on the Internet.
5 - Commitments of the user
The User agrees to:
- Use the Babeltrek.com website for the sole purpose of serious, real and in accordance with local, national, international and / or any other applicable legislation
- Provide accurate and complete information.
In the event of misuse or fraudulent use of the Babeltrek.com website, the User is liable to prosecution.
Are considered as abusive or fraudulent, all bookings containing false information, relating to illegal services, contrary to morality, constituting a disturbance to public order or usurping the identity of a third person.
In case of non-compliance, the ads will be deleted.
The User agrees that all items such as texts, photos, notices, messages or other documents and information downloaded, published or transmitted via the platform Babeltrek (hereinafter "Content") are the sole responsibility of the User to the origin of this Content.
The User is solely responsible for the Content or any other information that the User downloads or otherwise provides on Babeltrek.
Babeltrek reserves the right to take any action regarding the Content of a User, in particular and without limitation, if Babeltrek considers that "the Content" may result in the liability of Babeltrek, cause the loss of the services of the Guides or alter the trust of the Users.
For site administration purposes, Babeltrek is explicitly authorized to read messages exchanged directly between Guides and Trekkers, and end-of-transaction evaluations. Babeltrek is authorized, where applicable, to delete said messages and end-of-transaction evaluations that violate the GCU.
Trekkers and Guides confirm and guarantee that the content of messages
- does not infringe any copyright, patent, trademark, trade secret or other proprietary right or right of publicity or confidentiality;
- does not violate any law or regulation;
- is not defamatory or defamatory and / or obscene;
- does not include incomplete, false or inaccurate information about the author of the message or the services offered;
- contains no viruses, worms, Trojan horses, time bombs or other computer programming routines that could damage a system, information or personal data.
The User acknowledges that Babeltrek acts solely as a platform and that Babeltrek declines all responsibility related to the content displayed on the site. Babeltrek assumes no obligation to control the published content.
Babeltrek also reserves the right to remove or disable access to the proposed treks on the website at any time and without prior notice, if Babeltrek finds in its sole discretion a violation of these conditions or / or its linking service.
To become a member and be able to get in touch with Guides, the Trekker must fill out a form online and accept the GCU. The form contains the following information:
- Trekker contact details (last name, first name, email, etc ...)
- Selecting a destination and a Guide
- Dates and duration of the trip
- Number and profile of participants
- Price per person
Similarly, the Guide, in order to post ads must complete a form online and accept the Terms. In addition to the Trekker information, the form contains information related to the payment (IBAN in particular).
6 - Commitments of Babeltrek
Babeltrek is not the co-contractor of the booked trip between Trekkers and Guides. Babeltrek is not a party to the transactions between Guides and Trekkers. Babeltrek is neither an agent nor a representative of the Guides.
Accessibility to the Babeltrek.com site for any request and linked to guides is free for the Trekker. For the guide, this link is charged a commission of 10% of the amount paid by the Trekker.
Babeltrek undertakes to limit competition between guides using the platform. For this, only one guide or agency will be presented on our platform by activity and by geographical area. The geographical area and the activity are defined by Babeltrek.
Babeltrek's only obligation is to connect the Trekker with the Guide. Babeltrek's intervention ends immediately when the reservation has been made. Babeltrek does not intervene in the commercial exchanges between the guide and the Trekker resulting from the reservation. Babeltrek declines all responsibility for the direct or indirect consequences of its connection and can not be held responsible for any disputes that may arise between the Trekker and the guide.
All claims concerning the services must be addressed directly to the Guide.
7- Reservation, payment and cancellation
Trekkers can send booking requests via Babeltrek following the processes described on the website.
Once the Trekker has submitted a reservation request, Babeltrek will inform the relevant Guide by email and in their personal profile to accept or reject the Trekker's request.
The Guide is invited to confirm or reject the Trekker reservation request within 72 hours of this request. If the reservation request is accepted, the Trekker credit card will be charged. If the Guide declines the booking request, the Trekker credit card will not be charged.
The contract between the Trekker and the Guide is concluded when the Guide accepts the reservation request of the Trekker. By sending a booking request for a trek, the Trekker submits a firm offer to the Guide, to which the Trekker is bound for 72 hours.
If the Guide accepts the offer of the Trekker within this period, the contract is concluded and enforceable. The Trekker then receives a notification by e-mail.
If the Trekkers want to change or cancel their reservation, they must do so by contacting the guide directly via Babeltrek. Note that the cancellation gives right to a full refund if the request for cancellation or modification is made within 90 days before the start of the service. If the cancellation or modification request is made less than 90 days before the start of the service, no refund will be given to the Trekker.
Guides can not cancel reservations except force majeure or prior agreement with the Trekker. In case of force majeure, the Guide must inform Babeltrek immediately. So Babeltrek tries to provide the Trekkers concerned with a cancellation of the appropriate alternatives.
Without Babeltrek having any legal, contractual or quasi-contractual obligation, Babeltrek will help the Trekker by trying to organize another trek in the same country by, for example, putting the Trekker in contact with another Guide.
Babeltrek is not responsible for the handling of claims of any kind related to fees or payments between Trekkers and Guide. Babeltrek disclaims all liability in this regard.
8- Limitation of liability
Babeltrek enables the Trekker to enter into reservation transactions for tourism services and related services listed on the site. Babeltrek and / or the company AEOLIS SAS is not itself a party to a booking transaction and disclaims any liability arising from and / or related to such transactions. Thus, Babeltrek can not be involved in any legal action, recourse or liability incurred by a User against another User.
The role of Babeltrek is only to facilitate the connection between the Trekker and the Guide. Using Babeltrek as a platform, Guides can offer and provide tourist services to Trekkers.
AEOLIS SAS carries out spot checks of quality. AEOLIS SAS has no legal, contractual or quasi-contractual obligation to carry out these controls. AEOLIS SAS can not be held responsible for verifying the eligibility of Guides to offer the services presented on Babeltrek.
Babeltrek makes no recommendation regarding the treks proposed by the Guides.
Babeltrek declines any responsibility as for the characteristics of the treks listed on the site.
9 - Transfer of Rights and Bonds
Without the prior written consent of Babeltrek, the User may not transfer any of his rights or obligations under these Terms.
Babeltrek may, without the User's prior written consent, transfer any of its rights or obligations under the GCU.
10- Links to third party sites
Babeltrek may offer links to third party sites. These sites are not published by Babeltrek. Babeltrek is not responsible for their content and can not be held liable for any damages resulting from the use of these sites.
11 - Personal Data and Cookies
By depositing a reservation, the User agrees that his / her details will be sent to the Guides in order to answer his / her request.
In addition, the User agrees to receive commercial offers and newsletters from Babeltrek and / or its partners.
In accordance with the french law "Informatique et Libertés", the User disposes (articles 34 and following of the law of January 6, 1978) a right of access, of modification, rectification and deletion of the data which concern him, that qu He can exercise with Babeltrek.
12 - Applicable law
All disputes that may arise from the execution of these Terms are within the jurisdiction of the courts of the Creteil judiciary.
The GCU and all that pertains thereto are governed by French law, in particular and without limitation, non-contractual disputes, claims and their interpretation.
If a provision or part of a provision of these Terms is deemed illegal or invalid or unenforceable by a court or a competent authority, this provision or part of a provision will be removed from the GCU and the rest of these provisions. The conditions will apply as if the offending provision or part of a provision had never been accepted.
Aeolis (company that owns the brand and plate-form Babeltrek) is committed to protecting the personal data you entrust to it.
1. The collected data
Babeltrek ensures that it collects and processes only the data strictly necessary for the purpose of the processing it implements. The data collected by Babeltrek is necessary for the provision of the services offered by Babeltrek. All processed data comes from the recording of information of people who have directly communicated to Babeltrek.
Some information is obligatory because it is essential to the treatment of your requests, others are optional, they allow to know you better. Required information is marked with an asterisk on the entry form.
The data collected by Babeltrek is not transferred to third parties (outside the third party managing the server, which may be located inside or outside Europe). Babeltrek guarantees that the information stored on the site is treated in a strictly confidential manner.
2. Purposes of the treatments implemented
In accordance with the french law "Informatique et Libertés", the treatments implemented by Babeltrek have an explicit purpose, legitimate and determined.
The purposes of the treatments implemented are as follows:
- Management of your subscriptions to our newsletters, notifications by email or sms, events and other requests
- Management of your account, options and services chosen by you and responses to requests and needs you have expressed.
3. Information of people
In accordance with the Data Protection Act, Babeltrek informs you in a clear and unequivocal way when collecting your data, the treatments it implements, meaning in particular:
- Its identity: Aeolis- 47 rue du clos des noyers, 94700 Maisons-Alfort - France
- The purpose for which your personal data are collected - see paragraph 2
- The optional or mandatory nature of your answers
- The existence and conditions of exercise of your rights (right of information, rights of access, rectification and opposition) for all data concerning you - see paragraph 5
- The recipients of your data: Babeltrek is the sole recipient of your data. Only the data that you want to communicate to our partners will be communicated under your control.
In addition, Babeltrek keeps your data for the period strictly necessary for the operations for which it was collected in accordance with the law. The physical and logical security of the data that you entrust to it is ensured by the third party managing the servers.
4 - Cookies
5. Respect for the rights of individuals
In accordance with the french law "Informatique et Libertés", you have a right of information, access, rectification and opposition for legitimate reasons to the data concerning you and processed by our services.
You can at any time request your unsubscription and the deletion of all your accounts and data.
To exercise your rights you can send your request accompanied by a signed copy of identity document to: email@example.com
6. Contact for the protection of your personal data
You will be able to address your requests regarding Babeltrek's personal data protection policy to: firstname.lastname@example.org