Terms & conditions
The ATAWANE website (and the ATAWANE application) is an online reservation service for sports activities (hereinafter the “Platform” or the “Site”) published and operated by Efficience Software SARL, a company incorporated under French law with a share capital of 5000 euros, having its registered office at 82 Aubin Edmond, 97233 SCHOELCHER, France, registered in the RCS Fort de France under the number 813 629 920, and registered in the register of operators of trips and stays under the number IM972190003 (the “Company” or “ ATAWANE”).
ATAWANE offers Platform users (hereinafter the “Users”) a technical service linking Users who would like to research and reserve a sports activities with qualified professional service providers offering and supervising such activities (hereinafter the “Partners”) (hereinafter the “Service”).
The company also offers a transport service only on booking. This service can be complementary to the activity booking in order to allow our customers to go to the premises of the activities.
The Platform’s sole purpose is to link potential customers and the Partners, with the latter using the Service and providing their activities independently and under their sole responsibility. The Company does not partake in any manner in the contractual relationship formed between individual Partners and Customers for each and every confirmed reservation.
These terms and conditions of use (the “General Conditions” or “CGUs”) define the terms and conditions governing the use of the Service offered by ATAWANE.
The present GTU shall cover only Platform use and Activities’ reservation on the Platform by Users and shall not apply to the performance of said Activities and services by the Partners.
ATAWANE reserves the right to modify the present GTU at any time, without prior notice, it being hereby agreed that such modifications shall not apply to a reservation that would already have been confirmed by a Partner. Therefore, the GTU are susceptible of being updated and modified at any time, and must be consulted periodically. They will apply from the time they are updated to all new use of the Service.
PLEASE NOTE :
Users hereby acknowledge and accept that browsing the Site as well as using the functional features and services offered by or on the Site, and in particular reserving an Activity through the Service, shall imply express, prior acceptance of the GTU. Should a User not accept all or part hereof, said User shall not be authorized to remain on the Site and shall not be authorized to use the Service.
Herein, the terms and expressions identified by a capital letter shall be understood as follows, whether used in the singular or plural.
“Activity”: shall be understood as the sporting activity or service offered for reservation by a Partner on the Site and, as the case may be, ordered by a Customer through the Service.
“Application”: shall be understood as the Company’s IPhone and Android ATAWANE applications, including, where appropriate, updates and new versions thereof.
“Gift Voucher”: shall be understood as the gift voucher Customers may purchase on the Platform in order to offer a specifically identified Activity as a gift.
“Customer”: shall be understood as a User, with a customer account, having concluded a Contract with a Partner.
“Content”: shall be understood as the information, texts, photographs, comments, and all other elements Users may communicate to ATAWANE or input directly on the Site as part of the Partner assessment tool.
“Contract”: shall be understood as the contract formed between a Partner and a Customer through an order on the Site by the Customer for an Activity (or a Gift Certificate) with a Partner, under the terms described in the “Reservations and Payment” article. “Application Store”: shall be understood as the application downloading platform such as the Apple App Store or Google’s Android Market, through which the User has downloaded the Application.
“Partner”: shall be understood as the natural or juridical persons using the Site to offer Activities to Users/Customers.
“Participant”: shall be understood as physical persons registered for participation in an Activity reserved through the Site. Participants may or may not be Customers.
“Platform”: shall be understood as the site accessible through the connection on the ATAWANE Internet site or by downloading the Application.
“Service”: shall be understood as the technical service linking Users/Customers with Partners as described in the Preamble hereof.
“Site”: shall be understood as the site accessible through the connection on the ATAWANE Internet site or by downloading the Application.
“User”: shall be understood as any physical person browsing the Site.
ARTICLE 2 SERVICE DESCRIPTION
ATAWANE offers, through the Platform, a technical service linking Users, Customers and Partners. This technical service includes the management of bookings, payments, cancellations/refunds (on behalf of Partners) as well as first-level assistance for Users and Customers as detailed in Article 13 of the Terms and Conditions.
By means of the Platform and the Service, Users may reserve a sporting (or other) activity from a Partner.
The underlying Contract formed between the Partner and the Customer when reserving an Activity through the site shall be an autonomous contract in which ATAWANE assumes no responsibility beyond what falls within the technical service as described above. The Contract shall be deemed formed upon acceptance by a Partner of a Customer’s reservation request.
Consequently, Users must verify whether they effectively wish to commit, independently, to a contractual relationship with a Partner and are, in this regard, ready to assume all the consequences thereof.
Partners shall be solely responsible, with regard to Customers, for the performance of the services provided for in the Contract, as ATAWANE shall assume no responsibility in this regard. Similarly, ATAWANE shall not be responsible in any manner for a Customer’s behavior with regard to a Partner.
ARTICLE 3 SERVICE ACCESS
The User makes his personal business of setting up the computer and telecommunications means allowing access to the Site and the knowledge necessary for the use of the Internet and the access and use of the Site. The User retains the cost of connection and equipment related to Internet access and the use of the Site and Service. Users who want to book an Activity must create a User Account or log into their account if it is already created. Access to this account is through the use of an identifier and password.
Users shall provide accurate information when registering on the Site.
ARTICLE 4 RESERVATION AND PAYMENT
4.1 Activity Reservation Modalities
Customers shall reserve Activities with Partners through the Service.
Activity reservation by a Customer with a Partner on the Platform shall be accomplished in accordance with the following:
a Customer shall submit an Activity reservation request with a Partner online. In this regard, said Customer shall provide certain information to the Partner including, where appropriate, information regarding the physical condition, level, certification or license for each of the Participants;
the Customer shall provide credit card or banking details in order to set up a payment pre-authorization using a secure payment system;
the Partner shall be automatically informed of the reservation request (by e-mail, text message, or telephone), and shall have a maximum timeframe of 48 hours to accept or refuse the reservation request;
should the reservation request be accepted, the Contract between the Customer and Partner is formed and agreed, and the amount corresponding to the Activity is debited in accordance with the payment preauthorization. The Customer shall be informed without undue delay;
should the request be rejected, the payment preauthorization shall be canceled, with no Contract being formed between the Customer and the Partner. The Customer shall be informed without undue delay;
In this case, ATAWANE or the Partner reserve the right to offer the Customer another date or an alternative Activity.
It is hereby noted that generally speaking, the Activities proposed by Partners on the Platform are subject to the latter’s availability. No request for compensation may be formed should a Partner not be available for an Activity, whether such request is addressed to the Partner or the Company.
It is hereby specified that the Customer shall have the option to cancel the reservation request as long as it has not been confirmed by the Partner. Such cancellation must be performed online on the Customer Account.
Moreover, the Platform enables reserving an Activity in the form of a Gift Voucher. In this regard, a Customer ordering a Gift Voucher and then the Participant(s) reserving the corresponding Activity shall be accomplished in the following steps:
a Customer shall select an Activity offered by a Partner and order a Gift Voucher. In this regard, said Customer shall provide certain information to the Partner;
the Customer shall pay directly online using the secure payment system offered by the Platform and receive the Gift Voucher by e-mail, with a unique gift code specific to the reserved Activity;
the Customer shall directly inform the Participant(s) and send them the Gift Voucher;
the (or each) Participant beneficiary of the Gift Voucher may then connect to the Platform and reserve the Activity according to the procedure described hereinabove, with the difference that the payment is made using the Gift Voucher’s unique gift code.
The Gift Voucher shall be valid for a period of 12 months from the date of its purchase by the Customer, with the reserved Activity date being used as reference. It is hereby expressly specified that the Gift Voucher shall be specific to the selected Partner and Activity and may not be used to reserve other different or similar Activities offered by other Partners.
The Contract shall be agreed at the time of payment for the Gift Voucher by the Customer. No Gift Voucher shall be reimbursed. This clarification shall be understood without prejudice to the Customer’s option of exercising their right of retraction if applicable as specified in the Partner’s Activity terms and conditions.
In such situations, ATAWANE may offer a similar activity to the Customer
Should the activity no longer be available for reservation when the Gift Voucher is used by the Customer or Participant, ATAWANE shall reimburse the Gift Voucher, unless the scope of the Gift Voucher is modified in agreement with ATAWANE.
When the Contract is formed, the Customer shall receive a reservation summary for the reserved Activity. Such reservation summary shall include the primary characteristics for the reserved Activity (number of people, place, date, time, meeting place, Partner name, Activity name, etc.).
The Customer, or one of the Participants, must remit the reservation summary to the Partner when the Activity begins.
The Customer hereby acknowledges having been informed and accepts that a reserved Activity may require modification and/or adaptation by the Partner due to weather conditions or other events beyond its control. The reserved Activity may even be canceled under the terms specified in the “Cancellation” article herein.
4.2 Reserved Activity Payment
ATAWANE holds a collection and invoicing mandate from the Partner, and is responsible for validating and collecting the price for the reserved Activity(ies) in the name of and on behalf of the Partner.
For all reservations for total sums greater than €1,000, or an equivalent amount in another currency, ATAWANE may ask the Customer to provide a copy of an identity document as well as a certificate of residence before validating the reservation request.
The Site and the Service allow Users and Customers to find out the prices for Activities and conduct payment in a certain number of currencies which may be selected.
Should the currency selected by the User or Customer for display or the payment for the Activity price be different than the currency accepted by the Partner selling the Activity, it is hereby specified that the price displayed and retained shall be the result of a conversion of the Activity price into the currency selected by the User or Customer.
In this case, the conversion rate applied shall be a market rate, calculated on the basis of the previous day’s rate, provided by a specialized service provider independent of ATAWANE. Regarding payment, the reference rate shall be that applicable on the reservation request date.
Customer payment in certain currencies may be subject to additional transaction fees automatically taken into account in the conversion rate used to display Activity prices. Customers choosing this type of currency shall be informed at the latest when the order is validated. For more information regarding the relevant currencies, Users and Customers may contact ATAWANE at: email@example.com.
4.3 Modifications – Cancellation Activity Modification
Customers may request a Contract modification and in particular a change in the scheduled date for an Activity if such modification is possible pursuant to the Partner’s Activity general terms and conditions. All requests for modifications must be made by the Customer connecting to their User account on the platform or contacting ATAWANE directly at: firstname.lastname@example.org. ATAWANE shall contact the relevant Partner in order to attempt to negotiate such modification with the latter on behalf of the Customer. Should the modification request be accepted by the Partner, a new reservation summary shall be issued and sent to the Customer mentioning the reservation’s modified characteristics. Where appropriate, ATAWANE shall proceed with the payment or reimbursement resulting from the reservation, on behalf of the Partner. It is hereby specified that Partners shall not be required to accept a Contract modification request. Such requests, if accepted, may be subject to fees according to the Partner’s Activity general terms and conditions.
Should the modification request be refused, Customers wishing to maintain their request must implement the cancellation procedure described hereinafter.
Cancellation by the Customer
The modalities for cancellation by the Customer, as well as the resulting fees are listed, for each Activity, in the Activity cancellation policy included in the description of the said Activity. ATAWANE’s ability to repay the amount of the Activity is strictly governed by the provisions of the applicable cancellation policy.
A Customer and/or Participant no-show on the day scheduled for the reserved Activity shall be handled as a last-minute cancellation and shall not give right to reimbursement.
Cancellation by the Partner
The Partner may cancel an Activity if circumstances beyond its control make Activity performance impossible or dangerous, such as poor weather conditions.
Partners shall inform Customer and/or Participant of such situations immediately or as soon as practically possible.
Where appropriate, the Partner may offer the Customer a change in the date selected for Activity performance. Should the Customer refuse said offer, the terms and conditions applicable for an Activity cancellation by the Partner shall apply, and the Customer may claim full reimbursement of the Activity price, excluding any indemnities.
Reimbursement of the sums paid by the Customer for said Activity shall be made without undue delay from the time information is received from the Partner regarding the cancellation.
Said reimbursement shall be made by the Company as the Partner’s agent.
ARTICLE 5 PROVIDER ASSESSMENT
ATAWANE has implemented an assessment system allowing Customers to assess Partners and the Activities they propose.
In order to publish an assessment or opinion regarding a Partner or an Activity, each Participant must be an adult, and have effectively reserved and performed an Activity with such Partner. Opinions may only be drafted once the relevant Contract has been performed.
The rating shall be on a scale from 1 to 5.
Customers may also enter comments online as part of this assessment. Customer assessments shall be under the Customer’s sole responsibility, and the Company will assume no liability in this regard.
Customers shall comply with applicable regulations and, in particular, objectively comment and assess the Activities and Partners and not express defamatory, harmful, or dishonest remarks regarding the Activities or Partners.
Moreover, assessments must be intelligible, exclusively cover the Activity being assessed, and the text content may not contain personal information (such as first and last names of individuals, telephone numbers, addresses), financial information, links to other web sites, or any content that may give rise to a conflict of interest.
Moreover, Customers shall refrain from including any elements of a political or religious nature, or with sexual connotation in their assessments.
ATAWANE moderates Clients’ assessments with the goal of ensuring compliance herewith. To this end, each assessment may be subject to ex-ante moderation. The Company hereby reserves the right to contact a User if verification of an assessment is needed.
A User or Partner can request moderation of an online evaluation by writing to email@example.com and explaining the reasons for their request.
In this context, the Company reserves the right to remove any comment that does not comply with the principles noted above. In the event of repeated breaches of the above principles, and after following the procedures applicable to these breaches, the Company may suspend or terminate the account of the User who is guilty of such repeated breaches.
It is hereby specified that Partners shall enjoy a right of response which must be sent to the following address: firstname.lastname@example.org within a maximum of three months from the initial assessment publication date. ATAWANE shall ensure the response’s compliance herewith and all the points mentioned above before publishing it.
ARTICLE 6 SERVICE COST
The Service is offered without valuable consideration for Users and Customers, in that no fees shall be applied by the Company to Customers, as the latter shall only be responsible for paying the sums due to the Partner pursuant to the Contract.
ARTICLE 7 USER’S OBLIGATIONS AND COMMITMENTS
7.1 Compliance with Laws and Regulations
The User undertakes to use the Site and Service in accordance with the rights of third parties and with respect and courtesy with respect for the rights of Partners and the Company.
Users shall, when browsing the Site and using the Service, comply with applicable regulations.
In particular, Users shall:
not use the Site or Service to receive services that contravene applicable regulations;
not slander, insult, or denigrate a physical or legal person;
not falsify their own identity;
not harm others by using the Site or the Service, and in particular not steal the identity of a third party, and not, more generally, use third party’s data;
not use the contact information obtained through the Site or the Service in order to disseminate unsolicited or unauthorized mail regardless of the form of communication or solicitation;
not use the contact information obtained through the Site or the Service to disseminate computer viruses or similar threats;
not harm the Partners’ or Company’s reputation, or ATAWANE’s brand image;
not disrupt or allow interruption on the Site;
Do not attempt to harm or interfere with the services provided by one or more of the Company’s partners, including the host, which includes, without exhaustiveness, exposing the Site to a virus, creating saturation, flooding the server or saturating email messaging;
not access or attempt to access data not intended for Users or enter or attempt to enter any part of the server
Hosting the Site, in a user’s private space and/or attempting to access or access all or part of the data that the User is not allowed to access;
Do not probe, scrutinize or test the vulnerability of a system or network, or violate the security or authentication measures of the Site or all or part of a Service, or attempt to gain unlawful access to networks and systems connected to the Site;
not upload to the Site, display, or send by e-mail or any other means, any element containing software viruses or other codes, files, or computer programs designed for or with the effect of interrupting, destroying, or limiting the functionality of any computer software or hardware or any telecommunications equipment.
7.2 Responsibility and Obligations Related to Activity Reservations
With regard to reserving and performing Activities, Customers and Participants shall:
ensure they fulfill the necessary conditions, where appropriate, mentioned in the Activity description (physical condition, certificate, practice level, license, etc.) before reserving an Activity; otherwise the Partner may refuse the Customer’s or Participant’s access to the Activity without reimbursement;
ensure the accuracy of the information provided for the Activity reservation with the Partner; otherwise, the Partner may refuse access to the Activity;
strictly comply with the Partner’s instructions and rules, before, during, and after performing the Activity, in particular with all rules and instructions providing for ensuring the Activity takes place under optimally safe conditions;
arrive on-time at the place provided and indicated on the reservation summary. Being more than 15 minutes late may result in reservation cancellation as per the Partner’s terms and conditions for the said Activity and indicated on the reservation summary.
It is hereby specified that any activities performed outside or alongside the reserved Activity shall not be under the Partner’s or the Company’s responsibility.
It is also hereby specified that ATAWANE does not have the technical means of verifying whether a Customer or Participant has the physical condition, experience, license, certificate, or level sufficient to perform an Activity.
As such, it is hereby expressly specified that Customers and Participants shall reserve and participate in Activities under their own responsibility, taking into consideration their level, physical condition, experience, limits, and the risks inherent in taking part in a “risky” sporting activity.
To this end, neither Partners nor the Company shall be held liable for injuries, accidents, or deaths while performing an Activity.
Users shall hold the Company harmless against any conviction against it resulting, directly or indirectly, from the User’s use of the Site or Service.
Users shall reimburse the Company all sums it may be called upon to outlay in such a situation, whether following a legal decision or under the framework of a transaction.
Customers are hereby informed of the obligation, for themselves and all Participants, of being correctly insured for civil liability in France and abroad while performing sporting activities. It is hereby specified that the Activities offered on ATAWANE, unless stated otherwise, do not include insurance.
It shall be each Participant’s responsibility to ensure their insurance coverage is sufficient and, if necessary, take out suitable protection with the insurance company of their choice.
On the Site, the Company may list “risky” activities. Customers are hereby reminded that supplementary insurance (assistance and repatriation) is strongly recommended for this type of activities.
ARTICLE 8 EVIDENCE AGREEMENT
The User expressly accepts that all data in electronic form, regardless of their support, including logs, computer files, identifiers, time stamp information, messages, emails and others, emanating from the Company’s computer system and its subcontractors and partners, is fully enforceable.
Users shall not contest the admissibility, validity, or enforceability of such elements of proof due to their dematerialized nature and acknowledge that such elements shall stand as evidence of the actual operations.
Therefore the elements in questions shall constitute evidence and, if produced by the Company in a litigious procedure or other, shall be admissible, valid, and enforceable between the parties in the same manner, under the same conditions, and with the same probative force as any document drafted, received, or retained in writing on paper.
ARTICLE 9 PROPERTY
9.1 Rights to the Site and the Service
The Site, the Service and the data they contain are protected by intellectual property law.
Therefore, unless stated otherwise, the intellectual property rights to the documents and all data of any kind contained in the Site and the Service and in particular to
each of the elements composing the Site and the Service (images, animated or not; illustrations; photographs; sounds; know-how; architecture; texts; graphic items; etc.), including the software and databases shall be the Company’s and its Partners’ exclusive property (hereinafter the “Protected Elements”). The Company shall not grant any license to all or part of the Protected Elements or any right other than that to view the Site and use the Service.
Reproduction of all or part of the Protected Site and/or Elements is permitted for informational purposes for personal and private use of the Service.
Any reproduction and use of copies made for other purposes, in any way, and in any form, is expressly prohibited, unless prior and written agreement of the Society.
It is also prohibited to:
copy, modify, create a derivative work, assemble, decompile (except for statutory cases), sell, assign, sub-license or transfer in any way any rights relating to Protected Elements;
Modify all or part of the Protected Elements to gain unauthorized access to the Service and to access the Site by a means other than the interface provided to the User by the Company for this purpose;
Consequently, any reproduction and/or representation, in whole or in part, of the Site, Service, and/or Protected Elements, without the Company’s prior written consent shall be prohibited and constitute counterfeit sanctioned, in particular, by the French Intellectual Property Code.
9.2 Rights to the Application
The Company hereby grants the User, without valuable consideration, a personal, non-exclusive, non-transferable license to use the Application as object code.
No other right shall be granted with regard to the Application. In particular, the Company reserves the right to correct and modify the Application, without making any commitment to the User in this regard.
Enjoyment of the present license shall be strictly limited to use for enjoying the Service and may be called into question without notification by the Company in cases of non-compliance by the User of the terms hereof.
The terms hereof shall be supplemented and clarified in the license terms included in the contract pursuant which the User is bound to the Platform.
Users hereby acknowledge that the terms hereof bind them to the Company. In this regard, Users shall comply with these terms and shall be
liable, with respect to the Company, should they not respect these terms.
9.3 Rights Regarding Distinctive Signs
All brands, logos, and other distinctive signs appearing on the Site and Service, including domain names, shall be the Company’s and its partners’ exclusive property,
Any use, in any way, of these trademarks and/or logos and/or any other distinguishing sign is subject to prior and written authorization by the Company or the Partners or other partners holding the rights concerned.
The User recognizes the rights of the Company and its partners over these distinctive signs and refrains from using them in any way and more generally from infringing the intellectual property rights of the Company and its partners.
Users hereby acknowledge that any violation of such rights would constitute a prejudice for the Company and/or the Partners and/or its partners, in particular in terms of damage to their image.
9.4 Comments and User Content
Users hereby cede to the Company all intellectual property rights to the Content required and sufficient to allow the Company to publish online and disseminate all or part of the Content on the site.
The rights ceded in this regard shall include, in particular: reproduction, representation, transmission, translation, distribution, use, and where appropriate modification and translation rights for media of all types. Said rights shall be ceded without valuable consideration, for the entire world and for the duration of the Content’s protection by intellectual property laws and authorize publication online by means of any technical process, known or future.
Users hereby guarantee they hold sufficient property rights to the Content to authorize such online publication and shall bear sole responsibility regarding the Content’s legal compliance. In this regard, Users shall ensure the Content published online does not infringe upon third party rights, in particular intellectual property rights.
Users shall hold the Company harmless against any claims or legal actions related to publishing the Content on the Platform.
The Company reserves the right, in cases of non-compliance by a User with one of the obligations mentioned herein, to suspend or exclude the User from enjoying the Service.
Such possibilities shall be without prejudice to the Company’s possible liability remedies against said User.
ARTICLE 11 MODIFICATIONS
11.1 Site and/or Service Modifications
Users hereby acknowledge that the Company shall be free to develop the Site and/or Service at any time and at its sole discretion.
Any modifications that may be made to the Site and/or Service shall be under the Company’s sole arbitration.
The Company reserves the right to adapt or change the GTU at any time.
In cases of substantial modification, Users shall be informed by any means, at the Company’s discretion, such as, for example, being displayed upon connecting to the Site.
Any use of the Service following such modification shall be deemed as acceptance of the modifications.
ARTICLE 12 RESPONSIBILITY
12.1 Site and Service Access and Operation
The Company shall be subject to a best effort obligation. The Company shall provide the Service as a good, diligent professional.
The User acknowledges that, notwithstanding all the means that the Company implements, the Internet and telecom networks have technical specificities that imply the impossibility of guaranteeing (i) the smooth operation of the Site and the Service, particularly in terms of uninterrupted continuity of access to the Site, performance of the Site and the Service such as the response time of the various requests and actions submitted and (ii) Site and Service security, in particular in terms of the presence of viruses.
Moreover, Users are hereby informed and accept that operating the Site and the Service require that the Company perform technical servicing, in particular as part of maintenance operations. As such, the Site and the Service may be temporarily suspended, in particular in cases of system breakdowns, maintenance, repairs, or updates.
The Company cannot be held responsible for any damage that the User may suffer as a result of the use of the Site or Service and in particular any damage resulting from the unavailability of the Site or Service and in particular technical problems.
12.2 The Company’s Responsibility Perimeter
The Company provides a technical service linking Users, Customers and Partners.
Partners is solely liable with respect to Customers and Participants for the correct performance of the Activities offered for reservation on the Site.
The Company shall not be held liable in any manner for total or partial non-compliance with an obligation and/or poor performance by a Partner with regard to the execution of an Activity.
Consequently, the Company shall not be held liable in cases of poor performance or non-performance, in whole or in part, of Partners’ obligations.
The Company shall also not be held liable for the acts of a Participant while performing the Service.
Customers and Participants shall not take action against the Company with regard to issues of performance, non-performance, or poor performance of an Activity.
12.3 Responsibility Limitations
The Company shall only be held liable in case of breach, proven by a User or Customer, of its contractual obligations in the execution of the linking Service. The Company shall only be liable for damages resulting from breaches directly and exclusively under its responsibility.
Should the Company be liable towards a User, the Company shall be responsible for the direct damage incurred by such User and proven thereby within the limits, for the duration of the contractual relationship and for all incidents, of an overall sum corresponding to a maximum of €500.
The Company shall not be held liable for indirect damages.
The present clause shall be applicable regardless of the legal basis for the request, including if it is based on negligence, an erroneous statement, or contractual breach.
No notification of a grievance may be made by one of the parties against the other more than six (6) months after the date of the events constituting the grievance have been discovered or should have been discovered.
The Company shall not be held liable, generally speaking, in the following cases: (i) an act by a User, Customer, Participant, or Partner, or (ii) cases of force majeure, or (iii) acts by third parties and in particular non-operation, malfunction, inability to access or difficulties using or receiving the Internet, or (iv) consequential or non-consequential damages regarding services other than the Service delivered by the Company in accordance herewith, or (v) due to the content, nature, or characteristics of the products and/or services provided by a Partner to a Customer.
ARTICLE 13 COMPLAINTS
ATAWANE is concerned with its Customers’ experience and would like to offer a quality reservation experience.
Therefore, in cases of issues when reserving an Activity or during its performance by the Partner, the Customer or Participant may:
send an e-mail to email@example.com;
write to ATAWANE – Booking Support – Centre d’affaires de Californie 2 , Immeuble Gouyer, Entrance : Amandine – 1rst floor, 97232 Le lamentin;
or contact us directly on +596 696 37 37 17 (French and English).
In cases of difficulties with a Partner, ATAWANE shall contact the latter in order to attempt to settle the issue on behalf of the Customer, on a best efforts basis. In the event that a Customer wishes to obtain a partial or full refund of the amount of the Activity, such a refund – if validated by the Partner – will be made directly by ATAWANE.
The Customer also, of course, has the option of contacting the Partner himself in case of difficulty, in the case of the Client, if necessary, to submit a request for a refund to the Partner.
Participants may also use the Platform’s assessment system, in compliance with the rules listed in Article 6 hereinabove.
Moreover, while ATAWANE takes issues encountered by its Customers and Participants with Partners or with respect to Activity performance seriously, ATAWANE shall not be held liable in any manner whatsoever in case of non-compliance in whole or in part with an obligation and/or poor performance by a Partner with respect to the execution of an Activity.
ARTICLE 14 PERSONAL DATA PROTECTION
We have also made the latest changes to comply with the RGPD.
ARTICLE 15 LINKS
Any creation of links to the Site, any framing of the Site, and more generally any use of an element composing the Site, is subject to the prior and written authorization of the Company which may be revoked at any time at its sole discretion.
The Company reserves the right to (i) request the removal of any link to the Site that would not have been, or would no longer be, authorized and (ii) seek damages in compensation for the damage suffered as a result. The Site may include links to other websites or other Internet sources. In so far as the Company cannot control such sites or external sources, the Company shall not be held liable for making these sites and sources available, and shall not be held liable for the operation, content, advertisements, products, services, or any other information or data available on or from such sites or external sources.
The establishment of such links does not imply that the Company sponsors or recommends the linked site in question or that the Company is affiliated with it.
In addition, the Company may not be held liable for any proven or alleged damages or losses in connection with the use or trust of the content, goods or services available on these external sites or sources.
ARTICLE 16 GENERAL PROVISIONS
Should one or more provisions herein be held invalid by a law or regulation or found to be so by a final decision from a competent jurisdiction, they shall be deemed unwritten; the other provisions hereof shall retain their full force and scope.
The fact that one of the parties has not demanded application of a given clause, whether permanently or temporarily, shall not, under any circumstances, be deemed as renunciation of said party’s rights resulting from said clause.
ARTICLE 17 APPLICABLE LAW – LITIGATION
17.1 Settlement of disputes amicably
In accordance with the European Directive 2013/11/EU of 21 may 2013 on out-of-court dispute resolution, it is possible for the Client to appeal to the Mediation of Tourism and Travel (MTV) in order to resolve disputes after sale. This mediation is free for the Client.
Contact: Khalid EL WARDI – Secretary General – firstname.lastname@example.org / 01.42.67.96.68 / www.mtv.travel
17.2 Judicial Settlement
Any dispute regarding the interpretation, execution, or termination hereof shall be under the sole competence and jurisdiction of the courts of Fort-de-France.
It is further reaffirmed that the autonomous Contracts formed between Partners and Customers when reserving Activities shall be governed by the law applicable to each case in question.