General sales conditions

GENERAL SALES CONDITIONS
APPLICABLE TO WWW.ROUTARD.COM PAY SERVICES

Should you have any query regarding the present General Sales Conditions, please contact us via the Contact Form.

I - OBJECT

The present General Sales Conditions are intended to establish the terms and conditions within the context of which:

- users are able to access content in addition to that provided free of charge on www.routard.com (hereinafter the "Pay Content Purchase Service");

- advertisers may post an advertisement in order to publicize a tourist service they are marketing (hereinafter the "Advertisement Service");

- host proprietors/managers may subscribe to services designed to enhance the profile of their establishment on www.routard.com (hereinafter the "Premium Service"), particularly by disseminating, on the www.routard.com website, a Premium File presenting their hosting.

THE PAY CONTENT PURCHASE SERVICE, THE ADVERTISEMENT SERVICE AND THE PREMIUM SERVICES (HEREINAFTER, JOINTLY, THE "PAY SERVICES") ON www.routard.com (HEREINAFTER THE "WEBSITE") ARE PROVIDED BY CYBERTERRE (HEREINAFTER "CYBERTERRE"), A société en commandite simple ORGANIZED UNDER FRENCH LAW, WITH CAPITAL OF EUR 80,000, REGISTERED IN THE NANTERRE COMMERCIAL AND COMPANIES REGISTER UNDER NUMBER B 434 661 419.

Registered Office: 58 rue Jean Bleuzen, CS 70007, 92178 Vanves Cedex (France)

E-mail Address : service@routard.com

Telephone : 01.43.92.30.23

Intra-Community VAT No: FR 77 434 661 419

The present General Sales Conditions constitute the contracting offer proposed by CYBERTERRE. Upon acceptance by you, they shall constitute the agreement concluded between you and CYBERTERRE, which you irrevocably and unreservedly accept.

II – TRANSACTION CONDITIONS

A – Transaction Implementation

Prior to implementing any transaction, you must fill in the form provided to you by CYBERTERRE. You undertake to provide a valid e-mail address and to declare only information that is accurate and up-to-date, and you irrevocably and unreservedly accept that CYBERTERRE's liability may not be engaged in the event of any direct or indirect damage ensuing from the forwarding of erroneous or obsolete information upon implementation of your transaction.

Once the transaction has been implemented, a confirmation e-mail recording the details of the transaction effected, and including the present General Sales Conditions, will then be sent to you at the e-mail address you provided.

CYBERTERRE retains the date of the mouse click indicating your consent to implementation of the transaction and acceptance of the present General Sales Conditions and also proof of the confirmation e-mail having been sent. The date of the mouse click constitutes - by mutual agreement - the definitive date of conclusion of the contract concluded between you and CYBERTERRE, which you state that you have irrevocably and unreservedly accepted.

Upon constitution of the contract, your Advertisement will appear on the Website and/or the Pay Content will be directly accessible on the Website and/or the Premium Services will be available to you.

B - Option to Withdraw

Consumers may have an option to withdraw when placing an order for a product or a service. This option may, in principle, be exercised within a period of 7 (seven) days and allows reimbursement of transactions implemented.

However, pursuant to Article L.121-20-2 of the Consumers' Code, this option to withdraw may not be exercised when supply of the service has commenced, with your agreement, prior to the end of the period of 7 (seven) days mentioned above.

CONSEQUENTLY, SINCE IT IS FROM THE MOMENT OF ONLINE PAYMENT THAT PAY ADVERTISING SERVICES AND PAY CONTENT PURCHASE SERVICES ARE IMPLEMENTED, YOU CANNOT EXERCISE YOUR RIGHT TO WITHDRAW, WHICH YOU IRREVOCABLY AND UNRESERVEDLY ACCEPT. SIMILARLY, USERS USING THE PREMIUM SERVICES PRIOR TO THE PERIOD OF 7 DAYS MENTIONED ABOVE MAY NOT ASSERT THEIR RIGHT TO WITHDRAW, WHICH THEY IRREVOCABLY AND UNRESERVEDLY ACCEPT.

C – Use of the Services

> Pay Content Purchase Service:

After you have selected the Pay Content of your choice, validated the transaction and accepted the present General Sales Conditions, an e-mail confirming the transaction will be sent to you. Said e-mail will include a code allowing access to the Pay Content selected by you - and providing access to updates to said content - on as many occasions as you wish for a period of 3 (three) months from the date of implementation of the transaction, with no payment other than that made initially being required.

The confirmation e-mail will, furthermore, specify:

· The amount of the transaction, including all taxes;
· The date of the transaction;

. The Pay Content selected;

. The duration of access to the Pay Content selected;

. The present General Sales Conditions accepted by you in advance.

Online access to and consultation of Pay Content shall be possible only by entering the code advised in the confirmation e-mail sent by CYBERTERRE to the address stated by you. The code is non-transferrable and confidential. You alone are responsible for maintaining the confidential nature of the code and for its non-disclosure to any unauthorized person and also for its use by any unauthorized person. In this connection, you irrevocably and unreservedly accept that CYBERTERRE's liability may in no event be engaged on account of any direct or indirect prejudice resulting from the loss or the communication to third parties of the code forwarded by CYBERTERRE.

> Pay Advertising Service:

- Producing the advertisement:

The advertisement must relate exclusively to a tourist service marketed directly by the advertiser for one of the destinations under a tab on the website (accessible from the URL https://www.routard.com/guide_accueil.asp ).

The advertisement must relate to one and only one destination under a tab on the website.

When using the Pay Advertisement Service, the user states and guarantees that he is empowered to and is mandated to submit and to disseminate on www.routard.com information supplied by him during production and dissemination of the advertisement presenting the tourist service in question.

In order for your advertisement to be placed online, you must correctly fill in the form provided to you, complying with the following constraints:

· The advertisement title must not exceed 45 characters and must indicate the name of your establishment.
· The body of the advertisement must not exceed 500 characters and must describe the tourist service marketed by you.
· Advertisements shall be presented solely in text format and may not include any HTML tag nor any image.
· All fields marked with an asterisk are obligatory.
· The text of the advertisement must not present any content:

- that is misleading, unfounded or that pursues an unlawful objective;

- that is denigrating;

- that constitutes defamation;

- that is insulting;

- that is deceiving;

- that is contrary to public order and morality;

- that is racist, xenophobic, revisionist;

- that incites discrimination, hatred of a person or of a group of persons on account, in particular, of their origin or of their membership or non-membership of an ethnic group, a nation, a gender, a race or a specific religion;

- that threatens a person or a group of persons;

- that is pedophilic in nature;

- that constitutes a falsity;

- that incites an offence, a crime or an act of terrorism, or that constitutes an apology for war crimes or crimes against humanity;

- that incites suicide;

- that allows third parties directly or indirectly to procure software or pirated content, software serial numbers, software allowing acts of piracy and intrusion into IT and telecommunications systems, viruses and other logic bombs and, generally speaking, any software or other tool that makes it possible to infringe the rights of another and the security of persons and property;

- that adversely affects a person's image rights;

- that relates to a person's private life;

- that adversely affects the presumption of innocence of a person;

- that adversely affects the secrecy of private correspondence;

- that adversely affects intellectual property rights (copyright, rights in trademarks, rights of database producers, etc.);

- generally speaking, that adversely affects any regulation in force.

These constraints are set out in the form provided to you and can be read by placing your mouse cursor over the "?" help pictograms.

- Placing the advertisement online:

After production of the advertisement, validation of the transaction and the acceptance of the present General Sales Conditions, an e-mail confirming the transaction will be sent. It will contain the following information:

· The amount of the transaction, including all taxes.
· The date of the transaction.
· The text of the advertisement.
· The period of time for which the advertisement will be published.
· The destination for which your advertisement will appear.
· The hypertext link to the advertisement.
· The date on which the online advertisement will be removed.
· The present General Sales Conditions previously accepted by you.

The advertisement will be placed online immediately after payment for the transaction, and the date of removal will be calculated in accordance with the publication duration selected on the form by the advertiser, starting from the date of placing online. Advertisements shall be accessible on the Website by clicking: Guide > Destination > Advertisements, which appear in the order of transaction date.

- CYBERTERRE amendments to the advertisement after it has been placed online:

Although CYBERTERRE does not exercise general control over the content of advertisements before or after they have been placed online, CYBERTERRE may carry out random inspection of advertisements and reserves the right to amend the form of the text placed online by the advertiser if that text does not comply with the constraints defined by the present General Sales Conditions. Any amendments made by CYBERTERRE will be aimed solely at making the text of the advertisement comply with the constraints defined in the present General Sales Conditions.

CYBERTERRE will advise that amendments have been made by sending an e-mail containing the text of the advertisement as amended and placed online by CYBERTERRE. If the advertiser does not reply within 7 days, the amendments made by CYBERTERRE shall be deemed to have been accepted.

The advertiser may propose corrections to the amendments made to his advertisement by CYBERTERRE. Said corrections must be sent to the following address: service@routard.com . In the event that these corrections are accepted by CYBERTERRE, the text of the advertisement will be amended by CYBERTERRE within 7 days.

If no agreement can be found between the advertiser and CYBERTERRE, CYBERTERRE may withdraw the advertisement and undertakes to reimburse the advertiser for the initial amount of the transaction, less the amount relating to the duration for which the advertisement was actually placed online in the form prepared by the advertiser.

- Amendments to the advertisement by the advertiser:

The advertiser has a right of amendment in the following cases:

- a change in details of the tourist service offered,

- a change in the timings of the tourist service offered,

- the non-availability of the service offered,

- etc.

The required amendments must be advised to CYBERTERRE in an e-mail sent to service@routard.com , and will be incorporated into the text of the advertisement within 15 days from the date of the amendment request.

- Removal of the advertisement:

In the event that the tourist service offered by the advertiser should ultimately not correspond to any genuine service offer, the advertisement will be withdrawn from the Website by CYBERTERRE. In such a case, no reimbursement will be made to the advertiser, which the advertiser unreservedly and irrevocably accepts.

Generally speaking, and although CYBERTERRE does not exercise general control over the content of advertisements before or after they have been placed online, any infringement of the present General Sales Conditions may give rise to a cessation in dissemination of the advertisement in question. In such a case, it shall be a matter for CYBERTERRE's discretion as to whether the dissemination of an advertisement is to be suspended, and the advertiser may not engage CYBERTERRE's liability in any way, which advertisers expressly and unreservedly accept. Similarly, no reimbursement will be made in such a case, which the advertiser unreservedly and irrevocably accepts.

- Language of the advertisement and translation:

The advertiser may draft his advertisement in the language of his choice but CYBERTERRE may not be held liable for non-comprehension of his text by internet surfers.

> Premium Services:

- Production of the Premium File:

When using this Premium Service, the user states and guarantees that he is empowered and mandated to submit and to disseminate, on www.routard.com , the information provided upon production and dissemination of his Premium File.

Generally speaking, Premium Files may include no information:

- that is misleading, unfounded or that pursues an unlawful objective;

- that is denigrating;

- that constitutes defamation;

- that is insulting;

- that is deceiving;

- that is contrary to public order and morality;

- that is racist, xenophobic, revisionist;

- that threatens a person or a group of persons;

- that is pedophilic in nature;

- that constitutes a falsity;

- that incites an offence, a crime or an act of terrorism, or that constitutes an apology for war crimes or crimes against humanity;

- that incites suicide;

- that adversely affects a person's image rights;

- that relates to a person's private life;

- that adversely affects the presumption of innocence of a person;

- that adversely affects the secrecy of private correspondence;

- that adversely affects intellectual property rights (copyright, rights in trademarks, rights of database producers, etc.);

- generally speaking, that adversely affects any regulation in force.

The Premium File is available for consultation directly online 24/24 and 7/7. All fields marked with an asterisk are obligatory, the fields that can be changed being the following:

Catch line/Word from the sponsor:

This is a free-text field and must be filled in, otherwise the user will not be able to publish his Premium File on www.routard.com.

This field enables the user to offer personalized, attractive and interactive presentation of his establishment and specific features, in particular: history, building, location, etc.

Promotional-rate space:

This is a free-text field designed for the proposal of the establishment's rates, any promotions and special operations. It may also be possible to highlight certain services of the establishment, such as a restaurant (menu, etc.) or a spa (list of treatments).

Establishment website:

This is a field where the user is able to provide a hypertext link to his establishment's website.

Reservation form PDF:

This is a field where the user can download a booking form in PDF format. If the establishment does not have an online booking system, internet surfers are able to download this booking form to be filled in and to be forwarded in accordance with the recommendation made in the document (fax, e-mail, etc.).

Map:

This is a field where the user is able to upload a map for his establishment, in PDF format. It is expressly understood that the user undertakes to submit a map in which he holds all intellectual property rights, and he provides full guarantee to CYBERTERRE in this regard.

Supplementary information:

The establishment may choose to post, on its Premium File, content and information from www.routard.com , targeting the destination and enabling his establishment to be highlighted. Such content and information may consist of a timetable of forthcoming events posted on www.routard.com or available photographs on www.routard.com.

It is possible, at any time, to post or to remove such content and information by checking or unchecking the relevant box.

No remuneration will be due to www.routard.com for dissemination of the aforesaid content and information on the Premium Files.

- Provision of the Premium Services:

After the transaction has been implemented and the present General Sales Conditions accepted by the user, a confirmation e-mail containing the following information will be sent to the user:

· The amount of the transaction, including all taxes.
· The date of the transaction.
· The list of Premium Services provided.
· The period of time for which the Premium Services will be available.
· The date when availability of the Premium Services will cease.
· The present General Sales Conditions previously accepted by you.

The date on which provision of the Premium Services will cease is calculated from the payment date.

Premium Files are accessible at www.routard.com directly on the page of the establishment in question, following: Community > Good Hotel Plans.

- Amendment of the Premium File by CYBERTERRE after placing online:

Although CYBERTERRE does not exercise general control over the content of Premium Files before or after they have been placed online, CYBERTERRE may carry out random inspection of Premium Files and reserves the right to amend the form of the text placed online if that text does not comply with the constraints defined by the present General Sales Conditions. Any amendments made by CYBERTERRE will be aimed solely at making the text of the Premium File comply with the constraints defined by the present General Sales Conditions.

CYBERTERRE will advise that amendments have been made by sending an e-mail containing the text of the Premium File as amended and placed online by CYBERTERRE. If the user does not reply within 7 days, the amendments made by CYBERTERRE shall be deemed to have been accepted.

The user may propose corrections to the amendments made to his Premium File by CYBERTERRE. Said corrections must be sent to the following address: service@routard.com . In the event that these corrections are accepted by CYBERTERRE, the text of the Premium File will be amended by CYBERTERRE within 7 days.

If no agreement can be found between the user and CYBERTERRE, CYBERTERRE may withdraw the Premium File and undertakes to reimburse the user for the initial amount of the transaction, less the amount relating to the duration for which the Premium File was actually placed online in the form prepared by the user.

- Removal of the Premium File:

In the event that the hosting offered by the user should ultimately not correspond to any genuine service offer, the provision of Premium Services will be terminated by CYBERTERRE. In such a case, no reimbursement will be made to the user, which the user unreservedly and irrevocably accepts.

Generally speaking, any infringement of the present General Sales Conditions may give rise to a cessation in dissemination of the Premium File or Files in question. In such a case, it shall be a matter for CYBERTERRE's discretion as to whether the dissemination of a Premium File is to be suspended, and the user may not engage CYBERTERRE's liability in any way, which users expressly and unreservedly accept. Similarly, no reimbursement will be made in such a case, which the user unreservedly and irrevocably accepts.

- Language of the Premium File and translation:

The user may draft his Premium File in the language of his choice but CYBERTERRE may not be held liable for non-comprehension of his text by internet surfers.

III - PAYMENT

A - Period of price validity

Our offers and also the prices relating thereto shall be valid for as long as they may be consulted on the website.

B - Price

The Service prices are indicated in euro, all taxes included. All orders, irrespective of the origin thereof, shall be payable in euro.

Nevertheless, CYBERTERRE reserves the right to change its prices at any time.

Such new offers and/or rates shall not change the financial conditions accepted by you for the period of the performance of the contract binding you to CYBERTERRE. At the end of the contract you have concluded with CYBERTERRE, the new offers and/or rates shall become applicable to you, which you irrevocably and unreservedly accept.

C - Method of payment

Payment for the Service shall be made online by bank card. Only French bank cards shall be accepted, and also international Eurocard Ò /MasterCard Ò and Visa Ò .

The price stated must be paid by credit card in accordance with the payment procedure described at the time of the transaction implementation process. No other type of payment shall be accepted.

D - Secure payments

The pages that relate to payment for the Pay Content Purchase Service, the Advertisement Service and the Premium Services are protected by a secure system.

An SSL encryption process, this being the widely accepted standard for electronic payment security and confidentiality, is used for payments.

However, by agreeing to pay online, you confirm that you are aware of the risks inherent in this type of procedure and waive any claim and/or recourse whatsoever against CYBERTERRE in the event of interception and/or use, unknown to you and/or without your agreement, of your bank details by a third party.

You may, furthermore, draw attention to any payment incident of which you become aware while using the Service, by sending an e-mail to the following address: service@routard.com .

Data recorded by CYBERTERRE constitute proof of all the transactions concluded with CYBERTERRE, which you irrevocably and unreservedly accept.

Data recorded by the CYBERTERRE payment system constitute proof of the transactions concluded with CYBERTERRE, which you irrevocably and unreservedly accept.

IV - CUSTOMER SERVICE

For any information or claim of any nature, our Customer Service is at your disposal at the following address: service@routard.com.

V - RECIPROCAL OBLIGATIONS OF THE PARTIES

CYBERTERRE shall make every endeavor to provide Pay Services 24 hours a day and 7 days a week. However, given the characteristics and constraints of the internet, you confirm that you accept that CYBERTERRE is under no obligation in terms of a result concerning accessibility to the Website and the Pay Services, and you irrevocably and unreservedly accept that CYBERTERRE's liability may not be engaged in the event of any direct or indirect damage arising from any Website suspension.

Furthermore, CYBERTERRE reserves the right to suspend, to interrupt or to limit, without prior notice, access to all or part of the Website and the Pay Services, in particular in the event of maintenance and updating operations essential to the satisfactory operation of the Website and equipment relating thereto, or for any other reason, acceptance of which you irrevocably and unreservedly accept.

Furthermore, it is incumbent upon you to take every measure necessary to ensure that the technical characteristics of your computer or any other terminal allow you authorized access, consultation and downloading hereunder within the context of the Pay Content Purchase Service, which you unreservedly accept.

Should CYBERTERRE be obliged, for any reason whatsoever, definitely to interrupt the Service, you will be advised by e-mail as early as possible.

CYBERTERRE may not be held liable for direct or indirect damage linked directly or indirectly with Pay Content information, or the content of Advertisements or Premium Services, which you irrevocably and unreservedly accept.

You state and guarantee to CYBERTERRE that you are capable of being bound by and are mandated to be bound by the present General Sales Conditions.

You undertake to use the Pay Services strictly in accordance with the present General Sales Conditions.

VI - PERSONAL DATA PROTECTION

A - Object and purpose of processing carried out by CYBERTERRE

Personal data relating to you and gathered and processed by CYBERTERRE shall be used only for the purposes of transactions and communications with you and also for the provision of the Pay Services. They may also be used by CYBERTERRE to inform you, by e-mail, about goods and services offered by Routard.com and which may be of interest to you, with your agreement.

B - Confidentiality and right of access to personal data relating to you

CYBERTERRE has lodged declaration No. 1329544 with the CNIL (National Data-Processing and Freedoms Commission) concerning the processing of data of a personal nature gathered via www.routard.com and undertakes not to disclose to third parties the information that Website users forward to it.

In accordance with the "Computer processing and Freedoms" law of 6 January 1978, you have right of access, amendment, correction and removal of personal data relating to you. Consequently, you may apply to CYBERTERRE for the latter to forward this personal information relating to you, to remove it or to correct it. To that end, simply send an e-mail to CYBERTERRE at service@routard.com - or send a postal request to 58 rue Jean Bleuzen, CS 70007, 92178 Vanves Cedex (France) - providing your family names, first names and address.

For any further information concerning protection of personal data, we invite you to consult the website of the Commission Nationale de l'Informatique et des Libertés at the following address: www.cnil.fr .

VII - INTELLECTUAL PROPERTY

CYBERTERRE is proprietor of all the intellectual property rights relating to the Website (i.e., in particular, and without this list being exhaustive: trademarks, copyright, software, text, databases, etc.).

As regards the Pay Content Purchase Service, CYBERTERRE agrees with users a nonexclusive right of use, reproduction - by downloading or printing - and representation on your terminal of Pay Content, for the sole purpose of these presents. This right is non-transferrable, reserved for your exclusive use and is strictly private. It may not be transferred. In no event will you be required to pass on Website content by any means whatsoever.

VIII - GENERAL PROVISIONS

A - Termination

CYBERTERRE reserves the right to suspend and/or to terminate, immediately, automatically and without formality, any use of the Pay Services in the event of contravention of the present GeneralSales Conditions. You will be advised of suspension or termination by e-mail, without prejudice to all damages and interest.

B - Applicable law - Autonomy of the clauses of the contract

THE PRESENT GENERAL SALES CONDITIONS SHALL BE SUBJECT TO FRENCH LAW, WHICH YOU IRREVOCABLY AND UNRESERVEDLY ACCEPT.

If one or more stipulations of the present General Sales Conditions are held to be invalid or declared as such subject to a law, regulation or in the wake of a definitive decision given by a competent court, the other stipulations shall retain all their force and their scope.

The parties agree, therefore, to replace the clause that has been declared null and void by a clause that is as close as possible to the clause initially agreed in terms of the content of the latter and in terms of financial balance.

ANY DISPUTE RELATING TO THE PERFORMANCE AND TO THE INTERPRETATION OF THE PRESENT GENERAL SALES CONDITIONS SHALL BE REFERRED EXCLUSIVELY TO THE JURISDICTION OF THE FRENCH COURTS.

ANY DISPUTE RELATING TO THE ADVERTISEMENT SERVICE AND TO THE PREMIUM SERVICES SHALL BE REFERRED EXCLUSIVELY TO THE JURISDICTION OF THE COMPETENT COURTS WITHIN THE DISTRICT OF THE PARIS COURT OF APPEAL.

C - Completeness of the agreement

The present General Sales Conditions represent the entire agreement between you and CYBERTERRE in connection with the object thereof as set forth in Article 1.

CYBERTERRE requests that you keep a paper copy of the present General Sales Conditions, the completed transaction form and also the confirmation e-mail sent by CYBERTERRE.