The privacy policies of personal data:
The present policies on personal data apply to all services and tools (the “Services” or “FREESPIRIT”) referring to these data on personal data, regardless of how you access or use these resources, including included through mobile devices.
These policies may be changed at any time
When using FREESPIRIT, open an account, update or add information to your account, participate in an IM chat, or when you interact with us, we collect personal data.
These are considered as personal data:
• Data to identify you, such as your name, address, phone number or email address when you open an account with us.
• Data relating to your buying or selling activities that you provide during a particular transaction, or other content relating to the transaction generated by you or in connection with your account as a result of a transaction in which you participate .
• Any other content you generate or related to your account or basket.
• Bank details (such as credit card or bank account numbers) related to a transaction.
• In some cases, when you use our Services, you can indicate your age, gender, interests and favorites.
• You can also provide us with other information when filling out a web form, updating or adding information to your account, participating in community discussions, member-to-member, instant messaging, dispute resolution or when you communicate with us about our Services.
• Other information that we are required or permitted to collect and process in accordance with applicable national law to authenticate or identify you, or to verify the information we have collected:
– data about your interaction with our Services, your advertising preferences and your communications with us.
– data we receive from devices (including mobile devices) that you use when you access our Services. This data may include: device ID or unique ID, device type, ad ID, and a single device token, geolocation. You can control or disable the use of location services in applications from the settings menu of your device.
– Data on the computer and the connection, such as page consultation statistics, traffic and sites, referral URL, ad data, IP address, browsing history and information your web journal.
– Demographic information and other data made public in an applicable jurisdiction, other contact information, credit check information and information from credit reporting agencies, to the extent permitted by applicable national laws.
– Personal data stored on social networks (for example, content viewed, liked and any information on advertisements that have been proposed or clicked, etc.).
– If you allow us to access a site that contains video content, you agree that we may share your video viewing activity with third-party social media sites or obtain information about your viewing with those sites for a period of time at least two years or until you withdraw your consent or connection to the social media site. You control the personal data that you allow us to access by configuring the privacy settings on the social media site and the permissions you give us to access the personal data stored by the social media site. By linking an account managed by a social media site to your account and allowing us to access such information, you agree that we may collect, use and store the information provided by those sites in accordance with this Privacy Notice. We can also use plug-ins or other technologies from various social media sites. By clicking on a link provided through a social media plug-in, you voluntarily establish a connection to this social media site.
• If you provide us with personal data about someone else, you should only do so with the consent of that person. You must inform them of how we collect, use, disclose and store their personal data in accordance with our Privacy Notice.
The use of the personal data collected may notably serve:
• for commercial purposes
• to execute a contract and provide our Services,
• to comply with our legal obligations,
• to protect your vital interests or in the public interest,
• provide payment processing and account management,
• manage, measure and improve our Services,
• maintain the safety, security and proper functioning of our Services
• Customize site content to include appropriate elements and services.
• Contact you about your account, to resolve issues with your account, resolve a dispute, recover fees or money owing, or in any other way necessary to provide you with customer service. You can be contacted by email, phone, SMS or by post.
• offer services based on where you are (such as advertising, search results and other personalized content).
• Prevent, detect, limit and investigate cases of fraud, security breaches or other potentially prohibited or illegal activities.
• Improve our services, for example by reviewing information associated with page blocking or crashing problems experienced by users in order to identify and resolve these issues and provide you with a better experience.
• Customize, evaluate and improve our advertising based on your personalisation preferences in advertising.
• Contacting you by email or postal mail to offer you vouchers, discounts and special promotions, solicit your opinion through surveys or questionnaires and inform you about our Services, as authorized by the applicable law.
• Contact you regarding public policy issues or other current events related to your ability to use our Services. This may include an invitation to participate in a petition, writing a letter, a call or any other campaign related to public policy issues.
• Send you targeted marketing, service updates and promotional offers based on your communication preferences.
• Measure the performance of our email marketing campaigns (by analyzing the rates of consultation and clicks).
• Measure seller performance (for example, using the shipping tracking information that sellers and shippers send or provide on FREESPIRIT).
• Monitor and improve the security of information on our site and our mobile applications. With your consent, we may use your personal data to:
• Provide you with marketing by phone or SMS.
• Provide you with third party marketing.
• Customize third-party advertising that you might see on third-party websites.
• Use your geolocation data to provide services based on where you are.
• Use your sensitive personal data to facilitate transactions in certain categories.
• You have the right to withdraw your consent at any time.
• We can use technologies such as profiling or automated decision making. We will not make an automated decision about you that may have a material impact on you, unless such a decision is required under a contract between you and us, if we have your consent or if the law requires us to do so to use such technology.
If you do not wish to receive marketing communications from us, you can unsubscribe by clicking on the link included in the email you have received, change your Communication Preferences in My FREESPIRIT, indicate your communication preferences using of the method described during a direct communication with us or contact us as described in the Contact Us section below. We do not sell, rent or disclose your personal information to third parties for any commercial purpose without your consent.
If you do not wish to participate in our advertising personalisation programs, you may opt out by following the instructions provided in the advertisement or through the programs described in our Cookie Usage Notice. By withdrawing, you will no longer receive personalized advertising, however the collection of personal data as described in this Privacy Notice will continue to be possible. We do not allow third parties to track or collect your personal data on our sites for their own advertising purposes without your consent. We may disclose your personal data to the following parties for the following purposes:
• Service Providers and Financial Partners:
• Third-party financial partners who can offer you financial products to provide you with common content and services (such as registration, transactions, customer service). These third-party financial partners will use your personal data to send you marketing communications only if you have used their services.
• Third party providers of websites, applications, services and tools with which we collaborate to publish or advertise your ads and their content on their websites or in their applications, services and tools. When we transfer personal data with the content of your advertisements to third-party providers, we do so only on the basis of an agreement that limits the use of such personal data by the third party provider to the processing necessary to honor its contract with us and which obliges the third party provider to take the necessary security measures towards this data. Third party providers are not allowed to sell, rent or otherwise transmit the personal data included in your advertisements to third parties.
• Respect of laws, judicial procedures and limits provided by law.
• To comply with our legal obligations, ensure compliance with our Terms of Service, respond to complaints that an advertisement or other content violates the rights of third parties, protect the rights, property or safety of anyone.
• To law enforcement authorities, government agencies or authorized third parties, in response to a verified application or legal proceeding related to a to PayPal Inc. and its group of companies. • To prevent, detect, limit and investigate potentially illegal acts, fraud and / or security breaches, assess and manage risks, including warning you if fraudulent activity has been detected in your FREESPIRIT or PayPal accounts.
• To provide customer services, including to enable the management of your account or the resolution of disputes (for example, billing or transaction-related litigation)
• To facilitate the processing of payment cards when, as part of our Services, you pay using a credit card and we use PayPal to process your credit card payments to facilitate delivery and associated services for purchases paid using PayPal.
• Change of ownership. In the event of a merger or redemption with / by another company, we may share data with that company in accordance with our global data protection standards. In such a case, the new combined entity must comply with this Notice on personal data concerning your personal data. If your personal data is processed for purposes not covered by this Notice on personal data, you will be notified in advance of the processing of your personal data for new purposes.
When you make a transaction with another user, we allow you to obtain or we can provide you with your personal data (such as name, account ID, email address, contact details, delivery and billing address) to finalize the transaction. Regardless of us, you are the controller of this data and we encourage you to inform the other user about your privacy practices and privacy. In any case, you must comply with applicable data protection laws and give the other user the ability to remove their data from your database and review what data you have collected about it.
This Privacy Notice applies only to our use and management of the personal data we collect about you in connection with the provision of our Services. If you disclose your information to a third party or if you visit a third-party website via a link contained in our Services, their practices and personal data notices apply to any personal data you provide or collect from you.
We cannot guarantee the confidentiality or security of your information when you provide it to a third party. Therefore, we advise you to review your partner’s personal data and security policies before making a transaction with them and choosing to share your information.
Control of personal data
You can view, verify and change most of your personal data by logging into your account. Please update them immediately if there are any changes or inaccuracies. Remember that when you publish a post on the site, you may not be able to edit or delete it.
We will respect any legal right that you may have to access, modify or delete your personal data. To request access and to know if fees apply, if applicable according to the applicable national legislation, please contact us.
If you ask us to stop processing some or all of your personal data or if you withdraw your consent (if applicable) to our use or disclosure of your personal data for the purposes described in this Privacy Notice, it may be that we cannot provide you with all of the Services and customer service offered to our users and authorized under this Privacy Notice and our Terms of Service.
Upon your request, we will close your account and remove your personal data from the public area as soon as reasonably possible, based on the activity of your account and in accordance with applicable national laws.
Shelf life of personal data
The specific retention periods for personal data are documented in the retention schedules of our regional registers. The retention period of personal data may vary significantly depending on the context of the Services provided and our legal obligations. Factors that primarily influence shelf life are:
• For how long are personal data necessary to provide our Services? This includes aspects such as maintaining and improving the performance of our products, maintaining the security of our systems, and maintaining adequate business and financial records. This is the general rule for establishing the benchmark for most of our data retention periods.
• Is it sensitive personal data? If this is the case, a shorter shelf life is generally appropriate.• Have you given your consent for a longer shelf life? If this is the case, we will retain your data in accordance with your consent.
• Do we have to keep your personal data by legal, contractual or other similar obligation? Examples may include mandatory data retention laws in the relevant jurisdiction, government decrees related to the retention of data relevant to an investigation, or personal data held for the purpose of litigation.
• When it is no longer necessary for us to keep your personal data, we will dispose of it in a secure manner and in accordance with our data deletion and retention policies.
Data controllers and Data Protection Officer = [DPO: TBA]
The company with which you are contracting is your controller and is responsible for the collection, use, disclosure, retention and protection of your personal data in accordance with our global data protection standards, in this Data Notice, personal data and applicable national laws.
Undesirable or threatening emails
Our websites are aimed at a general audience and are not intended for children. We do not knowingly collect personal data from users who are considered children under their respective national laws.
GENERAL CONDITIONS OF FREESPIRIT USE
Last modification [30/04/2019].
FREESPIRIT is a UK registered company (FREE SPIRIT INTERNATIONAL LTD) which operates as an intermediation platform for tourism activities offer.
FREESPIRIT does not own or create, sell, provide, control, manage or offer any of the Advertisements or Services offered by the Service Provider.
FREESPIRIT is also not an organizer or retailer of package travel within the meaning of Directive (EU) 2015/2302.
Providers are solely responsible for their Ads when Members make or accept a reservation, they enter into a contract between them directly. FREESPIRIT neither becomes a party to any contract between Users, and FREESPIRIT is not an insurer. FREESPIRIT does not act as agent of any User.
The FREESPIRIT platform publishes online offers via its website and its applications (hereinafter the “FREESPIRIT Platform” or the “Platform”).
Users have the opportunity, on the FREESPIRIT platform, to find and book tours, activities and tourist adventures around the world.
Offers are published online by a multitude of local service providers around the world (“Service Providers”) with whom the respective contract for the provision of tourist services is formed (“Service Contract”).
FREESPIRIT is aimed at both consumers and professionals offering tourist services.
If you have any questions, please send an email to email@example.com
“Platform” means all the subdomain websites of FREESPIRIT.
“Consumer” means any natural person who acts for purposes which do not fall within the scope of his commercial, industrial, artisanal or liberal activity
“Professional” is any natural or legal person, or a partnership with legal capacity acting in the exercise of his professional or commercial professional activity when concluding a contract.
“User” means any natural person unless it is specifically registered as a legal person with FREESPIRIT. The User can be a Consumer or a Professional.
“Announcement” means a service offered by the professional through the Platform
The conditions of use present the rights and obligations of Users, and constitute a Contract that binds them to the company FREESPIRIT.
The User declares to have the capacity to contract.
The underage User guarantees to have received the authorization of his parents or the person having the family authority. In the event that the User acts in the name and on behalf of his employer, he guarantees to have received the power of attorney for such an engagement.
FREESPIRIT and the User are totally independent entities.
The User acknowledges that FREESPIRIT can modify these terms at any time.
- DESCRIPTION OF FREESPIRIT
– An innovative platform to connect professionals of tourism and family activities, Air, in the nature, Urban, wellness & beauty, winter, creative workshop or sports … around the world and who is positioned as a bridge between professionals and consumers. Simple and easy to use, everything you need is just a few clicks away.
– The possibility for each User to create his account.
FREESPIRIT is freely available to any user with Internet access. All costs incurred by the User to access the service (hardware, software, Internet connection, etc.) are his responsibility.
Given the global nature of the Internet, the User agrees to comply with all rules of public policy relating to the behavior of users of the Internet and applicable in the country from which he uses the Service.
FREESPIRIT implements all reasonable means available to make its service accessible 24 hours a day, 7 days a week. However, it is not bound by any obligation of result.
All data shared on the platform is informative. This information does not constitute an offer by law from FREESPIRIT.
A binding contract is concluded when the providers of the tourist activities published the booking request and the Service Provider accepts in accordance with our general terms.
- USE OF FREESPIRIT
After the User has made his choice on the Platform (for example its destination, the activity, the price, etc.), FREESPIRIT presents to the User the information about the service providers (“service information”). Based on this information and possibly after verifying the availability, the User can select his reservation and will be redirected directly to the Professional Provider.
The chosen service will be available in the basket 30 days. He will then have to click on the button “confirm and reserve”.
The Consumer must check the announcement of the Professional before confirming his order. Indeed, it is the responsibility of the User to fulfill and comply with the conditions of the Provider who has the right not to allow users to access the activity or to exclude them if they do not meet its conditions. In this case, the price paid will not be refunded.
FREESPIRIT provides the User with a booking confirmation in the name and under the mandate of the service provider and a confirmation of payment.
The User must always be careful when deciding to participate in a service offered by a Provider or to have any other exchange or interaction with any other User, online or in person.
The Images are intended solely to provide a photographic representation of an Ad on the date the photograph was taken, and therefore do not constitute an endorsement by FREESPIRIT of any Service Provider
- GUARANTEES AND RESPONSIBILITY OF FREESPIRIT makes every effort to offer the User verified and up-to-date information, but he cannot be held responsible for errors, inaccuracies, omissions or lack of availability of the information contained on the Platform, or any direct or indirect damage that may result. FREESPIRIT does not accept any responsibility for third-party content (this also includes any booked activities and related information), to the extent that they are made available on the Platform in particular via advertisements, contents attached or revert to the Platform. These contents are neither recommended nor approved by FREESPIRIT which does not engage its responsibility.
FREESPIRIT cannot be held responsible for any non-performance or poor performance of all or part of the suppliers’ services. Any claim concerning the services performed will have to be addressed directly to the professional concerned.
FREESPIRIT makes every effort to offer the user a secure platform, especially in the absence of viruses. However, it belongs to the User to protect his equipment or computer network by equipping himself with an anti-virus that will be regularly updated by the User. FREESPIRIT cannot under any circumstances be held responsible for any intrusion of viruses into the user’s computer equipment, or direct or indirect damage that may result.
As an intermediary, FREESPIRIT does not assume any responsibility regarding the activities and cannot be held responsible for breaches of the performance obligation and for bodily injury and material damage caused to the User and / or the Consumer in the framework of the services offered by the Professional and having benefited from intermediation.
This limitation does not apply to the intermediation of several main tourist services (in accordance with the legal definition of package travel) insofar as FREESPIRIT, gives the impression that travel benefits were provided by him.
FREESPIRIT does not intervene in the sales contract which is concluded exclusively and directly between the Consumer and the Professional. As a result, FREESPIRIT has no control over the quality, safety, veracity or accuracy of the content or advertisements, the ability of Professionals to sell services or the ability of buyers to pay. Any indication of rates and delivery, or any other advice offered by FREESPIRIT on its sites, services, applications or tools, are provided for informational purposes only.
FREESPIRIT cannot assure that the Consumer or the Professional will conclude or execute the transaction. The Professional is free to choose with whom he wishes to conclude the sale. FREESPIRIT is not a public auction company.
- ACCOUNT CREATION [A c]
The User must create an account (the “FREESPIRIT Account”) to be able to access certain features of the Platform and use them, such as publishing an Announcement or making a reservation.
If the User creates a FREESPIRIT Account for a company, organization or other legal entity, he certifies that he has the power to bind this legal entity legally and to grant all the authorizations and licenses provided for by these Conditions to FREESPIRIT.
Upon registration, the User sends an electronic registration form and accepts the Terms and Conditions.
The registration is successful only after the User has confirmed it to the e-mail address that he has previously provided.
The User is required to keep secret the password he has assigned to himself and to reasonably avoid any possibility of acquaintance by a third party.
The constitution of several User accounts for the same natural or legal person is unlawful. The User account is not transferable.
FREESPIRIT offers payment services provided by authorized financial service providers or electronic money institutions. The main payment service offered is PayPal (the “Payment Service”).
FREESPIRIT is neither a bank nor an IOBSP
When opening the account, personal and financial information may be requested and will be treated confidentially.
The Professional, the Consumer, the User and FREESPIRIT are independent.
Everyone is responsible for verifying the identity of their customers.
The Professional must obtain the appropriate consent of his client to submit the credit or debit instruction for the capture of funds from an account held by a client in a bank or other financial institution in connection with a transaction (” Instruction “) via the Payment Services on their behalf.
The Professional must provide a confirmation or invoice for each Instruction to the clients.
The Professional must determine the eligibility of his clients to complete transactions. If authorized transactions are the subject of a dispute, FREESPIRIT cannot be held responsible for the authorized and completed Instructions that are the subject of the dispute, submitted without authorization or in error, or in violation of any law that this either at the sole expense of the merchant site.
The Financial Service Provider may refuse the User’s dispute for any reason that they deem appropriate. When all or part of a dispute is approved, the financial services provider may credit the funds associated with the Instruction, object of the dispute, to the account of the User.
FREESPIRIT does not insure against losses caused by fraud in all circumstances. FREESPIRIT cannot be held responsible for the financial losses suffered or any consequence of such fraud.
By accepting card payments, the User must comply with the merchant network rules, including the network rules provided by PayPal.
PayPal may restrict access to funds on a seller’s PayPal account, based on certain criteria including, but not limited t, sales history, seller performance, returns, the amount of the transaction or the filing of a claim. PayPal may restrict access to available funds in your account
The interlocutors of the User, concerned by the service contract and its payment, are a contractual partner of the respective service provider. The User may claim the refund of a payment only from the respective Service Provider. Reimbursement from the Provider can also be made by FREESPIRIT. In order to simplify the procedure to the user, it is recommended that any communication are made through FREESPIRIT platform.
The User agree that his payment information can be used by the creditor to recover the payment.
All prices posted on FREESPIRIT are per person and include the United Kingdom Sales Tax and all other taxes. Local taxes may be added locally.
These prices set by the service providers may be subject to special provisions relating, for example, to the cancellation and reimbursement of payments that have been made.
The Consumer and / or the User, before making a reservation, undertakes to verify precisely whether the respective service contract is subject to special provisions.
- CHANGE OF RESERVATION, CANCELLATION AND REFUNDS
Users are responsible for all booking changes they make to the Platform (the “Booking Changes”), and agree to pay all posted Prices and additional fees and / or all taxes associated with such booking Changes.
The User and / or the Consumer may cancel at any time a confirmed reservation, subject to the conditions of cancellation of the Announcement defined by the Provider who will refund the amount of the Service in accordance with these cancellation conditions.
If the Provider and / or Professional cancels a confirmed reservation, he must refund the Consumer in full. In addition, FREESPIRIT may mark the Ad as unavailable or block the dates corresponding to the canceled booking, and / or apply a cancellation fee, unless the Provider and / or Professional has a legitimate reason to cancel the booking or have legitimate concerns about the Traveler’s behavior.
- PROTECTION OF PRIVACY
The User undertakes not to do anything that could harm the honor or the consideration of FREESPIRIT, its activities or its representatives.
By accepting these Terms, the User agrees:
– To respect the laws to which it is subject
– Not to engage in any exploitative activity, impairing or threatening to harm children;
– Do not post publicly and / or use FREESPIRIT to share Content or inappropriate material (eg relating to nudity, bestiality, pornography, violence or criminal activity);
– Do not engage in misleading or deceptive activities (eg asking for money under false pretenses, pretending to be someone else);
– Do not intentionally divert the use of FREESPIRIT;
– Do not engage in activities that would be harmful to FREESPIRIT or other people (eg spread of viruses, harassment, publication of terrorist content, hate speech, calls for violence against others);
– Do not infringe the rights of third parties (eg unauthorized sharing of copyrighted content);
– Do not engage in activities that infringe the right to the protection of the personal data of others;
– Do not help others break these rules.
In case of finding by FREESPIRIT of the violation by a User of the legal provisions in force, the rights of third parties (including intellectual property rights such as trademarks and copyright), these Conditions, after notification unsuccessfully to the User to comply with these Conditions, FREESPIRIT reserves the right to take one or more of the following sanctions:
- delay the publication of hosted content;
- withdraw offers and / or content published on the Platform;
- restrict / limit or even deny access to the Platform;
Users can write travel stories as evaluations or image adjustments (“User Content”). Users are responsible of the content.
Users may leave a public comment (the “Comment”) and star rating (the “Rating”) about the Service. The Ratings and Comments reflect the opinion of individual Members and not that of FREESPIRIT. Ratings and Comments are not verified by FREESPIRIT and may be unfounded or misleading.
Ratings and Comments left by Users must be accurate and must not contain offensive or defamatory terms.
Users are prohibited from manipulating the Notations and Comments system in any way, for example by asking a third party to write a positive or negative Comment about another User.
Users guarantee that their content does not violate the rights of a third party. Even if FREESPIRIT reserves the right to be a moderator of content and to delete Ineligible Content according to its policy, FREESPIRIT is absolutely not and in no way associated with the contents of Users by simply making a platform available. FREESPIRIT can freely, delete or adjust user content. FREESPIRIT is not obliged to keep copies of user contents or to make such copies available. FREESPIRIT does not guarantee the confidentiality of the contents of Users. Users cannot claim any compensation for advertising that they may do.
- INTELLECTUAL PROPERTY
The use of FREESPIRIT does not confer any intellectual property rights on the User. The User must not use any content obtained through FREESPIRIT without the authorization of the owner of the said content, unless authorized by law.
Intellectual and industrial property rights are attached to FREESPIRIT. Failure to respect these rights will be the subject of legal proceedings.
Any use of a FREESPIRIT logo or trademark will require prior written permission from us.
The User is not authorized to:
– circumvent or override technological protection measures;
– publish, copy, assign, rent, sell, export, import, distribute any right of access or use of FREESPIRIT.
The User agrees to keep FREESPIRIT informed and as soon as possible of any request from an authority or a third party that has any connection whatsoever with the execution of these presents and that could engage the responsibility of FREESPIRIT.
In case of doubt and for any request do not hesitate to contact us [firstname.lastname@example.org].
FREESPIRIT is listening to its Users (hereinafter “the Idea”). By submitting your ideas to us, you authorize us to use them without restriction, in a free and unlimited way. The exploitation of a new idea, does not cancel the similar ideas known to FREESPIRIT previously in order to develop it.
By accepting the present, and for the duration of the use, the User and more particularly the Professional authorizes FREESPIRIT to fix, reproduce and communicate the logo, one or more of the marks of the User. The User agrees to be identified on the Platform by its logo, one or more of its brands as User.
If the User does not wish to be identified, he must contact FREESPIRIT.
FREESPIRIT undertakes to delete the logos and marks at the closure of the User.
- AMENDMENT AND TERMINATION OF ACCOUNTS
The present conditions are effective as soon as the User accesses or uses FREESPIRIT. They are effective until termination either at the initiative of the User or at the initiative of FREESPIRIT.
The User remains the owner of the data entrusted to FREESPIRIT. The User can access and update them on the following link “email@example.com”
To terminate, hereby, the User must go to the parameters of his account and select “close my account”.
If the User creates another account, he consents to this agreement.
FREESPIRIT may terminate this Agreement or terminate the User Account at any time and for any reason by notice. The Account may be suspended and terminated in case of fraud or any other risk determined by FREESPIRIT; if FREESPIRIT is used in a prohibited manner or in any way not in accordance with the provisions of this Agreement; or in case the law requires it.
The termination does not relieve the User of its obligations and all pending transactions must be completed. The User will no longer accept new transactions on FREESPIRIT and must immediately delete all FREESPIRIT logos.
Continuing to use or re-use FREESPIRIT after all pending transactions have been processed serves to renew the User’s consent to the terms of this Agreement.
FREESPIRIT will not be liable to the User for any compensation, refund, or damage in connection with the use of FREESPIRIT, or for any cancellation or suspension of FREESPIRIT or for the deletion of information or data from the User’s account; and the User remains liable for other financial obligations incurred prior to the termination.
In case of serious misconduct, FREESPIRIT may close the account at any time without notice and without compensation. The notions of gross negligence and force majeure must be assessed under United Kingdom law.
No compensation of any kind whatsoever will be granted to the User unless decided otherwise.
- EVIDENCE AGREEMENT
The parties agree that they may exchange the information necessary for the performance of the contract electronically.
Any electronic communication between the parties is presumed to have the same probative force as a written paper.
- APPLICABLE LAW
In case of dispute, the applicable law is the United Kingdom law and express jurisdiction is attributed to the courts of the head office of FREESPIRIT.
The United Nations Convention on Contracts for the International Sale of Goods does not apply.
For Consumers, the choice of applicable law has no impact on its consumers under the consumer protection regulations in force in its country of residence.
The European Consumer can access the European Commission’s online dispute resolution platform: http://ec.europa.eu/consumers/odr. Nevertheless, FREESPIRIT is not obliged and does not undertake to use an alternative dispute resolution method to resolve all disputes with consumers.
- GENERAL PROVISIONS
No joint venture, partnership or employer-employee or principal-agent relationship exists between the User and FREESPIRIT as a result of this Agreement or the use of the Platform.
These Terms do not confer and are not intended to confer rights or remedies on any person other than the parties.
If any provision of these Terms is declared invalid, void or unenforceable, that clause will be canceled without its cancellation affecting the validity and enforceability of the remaining clauses.
The fact that FREESPIRIT does not require the respect of a right recognized by these Conditions or a clause of the present Conditions can not constitute a renunciation of this right or this clause, unless FREESPIRIT recognizes it and accepts it by written. Except as expressly provided in these Terms, the exercise by either party of any remedy available to it under these Terms shall be without prejudice to any other remedy available to it under these Terms or the law.
The User is prohibited from assigning, transferring or delegating this Agreement and its rights and obligations hereunder without the prior written consent of FREESPIRIT. FREESPIRIT may, without limitation and in its sole discretion, assign, transfer or delegate this Agreement and any rights and obligations hereunder with 30 days notice. The right to terminate this Agreement at any time remains intact.
Unless otherwise stated, all notices or other communications authorized or required herein shall be made electronically by e-mail to [firstname.lastname@example.org] or by mail to FREESPIRIT’s head office.
Special conditions of the provider of tourist activities
The Service Provider is a Professional and a User within the meaning of the General Conditions of Use [https://freespirit.travel/terms-conditions/] of the FREESPIRIT Platform. He confirms having read and accepted them. If this is not the case, the Service Provider is invited not to use the Platform.
It is recalled that:
“Platform” means all FREESPIRIT subdomain websites.
“Consumer” means any natural person who acts for purposes that are not part of his commercial, industrial, artisanal or liberal activity.
“Professional” is any natural or legal person, or a partnership having legal capacity acting in the exercise of his professional or commercial professional activity when concluding a contract.
“User” means any natural person unless it is specifically registered as a legal person with FREESPIRIT. The User can be a Consumer or a Professional.
“Member” any User who creates an account on the Platform
“Announcement” means a service offered by the professional through the Platform
“Provider” is a Professional who publishes on the FREESPIRIT Platform offers in the field of leisure, tourism or sports. The offers are published online by a multitude of local service providers around the world with whom the respective contract for the provision of tourism services is formed (“Service
These conditions apply to all contracts concluded between the provider and the users via the FREESPIRIT platform by any means.
- Creating an ad
Any Member may create and publish one or more Ads on the Platform.
To create an Announcement, the Provider must complete a form and in particular fill in the information marked as mandatory, such as the type of vehicles accepted, the location, the capacity, a photograph of the places, the characteristics and the availability as well as the price, the financial conditions and a valid physical address.
The Provider must also specify in the Announcement the deficiencies, the restrictions, the rules of procedure, the applicable conditions like the minimum age, the aptitudes or the physical condition required for an activity. He must also provide all relevant information. It is the responsibility of the Provider to update the information of his Announcement.
The Service Provider understands and accepts the following: once a Consumer and / or a User makes a reservation request, the Service Provider can no longer ask him to pay a price higher than that indicated in the reservation request.
The Service Provider acknowledges and agrees to be solely responsible for all Advertisements and Content that it publishes. Accordingly, the Service Provider represents and warrants that any Advertisements or advertisements advertised will not violate any agreements with third parties and comply with all applicable laws, rules and regulations that may apply to his activity being the subject of an Announcement and tax obligations. FREESPIRIT excludes any liability regarding the respect by the Service Provider of any agreement or obligations concluded with third parties, as well as
The Service Provider expressly undertakes not to include or disseminate on the Platform references to other sites whose activities are competitors or related, referrals to personal pages or other sites.
The insertion and ranking of Ads in the search results on the FREESPIRIT Platform depends on various factors, such as the search parameters and preferences of the User, the prices and dates of availability, the number and the quality of the Images. , customer service and cancellation history, reviews and ratings, type of stay / activity, and / or ease of booking.
The Service Provider is solely responsible for setting the price for its Advertisement (“Displayed Price”). Once a Traveler has booked, he cannot ask for a higher price than the one in the booking request.
- Booking procedure, payment method and billing
By submitting an Announcement on the Platform, the Provider invites to the delivery of a stay, a benefit of leisure, tourist or sports.
The selection of an Announcement is made by the search criteria information appearing on the Platform. Members have a set of filters to best target their research. Any Reservation Request for an Ad (hereinafter the “Booking Request”) is made in accordance with the booking procedure.
The User can view the description of a selected Ad, the dates of reservations envisaged, the price requested by the Provider for the stay.
Professionals may, depending on the nature of their activity, have different obligations regarding the collection of VAT. Professionals agree to be in good standing
with the legislation applicable to their country. The price displayed by the Professional is always a price including tax.
By clicking on the link provided for this purpose, the User can make a Reservation Request for a stay / activity, with a view to concluding a service contract or conversing with the Professional through internal messaging. In this case, an email summarizing the Reservation Request is sent to the User.
The Professional has a period of (7) days to accept or formally refuse the Reservation Request. If there is no answer, after this deadline, the Reservation Request is canceled and the User informed by email.
Then, the User must confirm his reservation by proceeding to the payment. Payment will only be made from this confirmation and will be made exclusively online via PayPal.
As soon as the payment authorization is accepted, FREESPIRIT informs the contracting parties by sending an email confirming the conclusion of the contract. It then communicates to the parties the data necessary for the formalization of the contract: the duration of the rental contract, the date on which it takes effect, the identity of the parties and the total price composed of the price of the stay and the price of the commission. On the basis of these elements, the lease is concluded.
The parties to the Service Agreement have in their online space a detailed summary of all the Services subscribed. FREESPIRIT will issue a commission invoice in accordance with the legal requirements applicable to it. The User who wishes to obtain an invoice for the service will have to contact the Service Provider directly.
The Provider is solely responsible for the regular payment of taxes on the income from his rentals.
The Provider must be able to postpone access to the Service to the period agreed in the Service Agreement. It is up to the Provider and the User to agree on the terms of the Service.
- Truthful data
The data communicated via the Platform must be truthful.
The photos, animations or videos (collectively, the “Images”) used in the Announcements must accurately reflect the quality and condition of the Service. FREESPIRIT reserves the right to impose a minimum number of Images, in a specific format, size and resolution, for each Ad.
The Service Provider reserves the right to withdraw from the contract or to exclude the User from participation in a service and to claim damages up to the cost of cancellation when the User has communicated incorrect data.
- Presentation at the meeting point and respect for the conditions
Arrival and departure times are the responsibility of the parties to the Service Contract. The Service Provider undertakes to provide the Consumer with the necessary travel documents (passport, insurance, etc.) and to respect the provisions relating to health etc.
- Mandatory force of the application
The Service Contract concluded between the User who has benefited from the intermediation and the Provider is carried out by means of the mandatory acceptance by the provider of the User’s request. Once the Service Provider agrees, the contract is legally binding. A notification is sent by email / e-mail.
The agreed overall price for the service that benefited from FREESPIRIT’s intermediation expires with the completion of the contract, eg the payment.
- Clarification of the right of withdrawal
The Service Provider informs that the right of withdrawal is not provided for contracts for services of tourist services that have been concluded at a distance (eg via Platform).
- Liability and insurance
The price of the services does not take into account any insurance. It is the sole responsibility of the Parties to the Service Contract to submit sufficient insurance. The need to submit insurance varies depending on the activities booked.
FREESPIRIT advises Providers to obtain appropriate insurance for the services they offer and to read carefully any insurance policy taken out for the home and its dependencies and to ensure in particular to be aware of and understand any exceptions and any frankness that it contains.
The Service Provider must verify in particular whether his insurance policy covers the actions or omissions of the Users and / or Consumers during the stay.
The Service Provider understands and agrees that FREESPIRIT does not act as an insurer or contract agent on its behalf.
Any agreement between a Consumer and / or a User who has made a booking request is binding only on the Provider and the said Consumer and / or User, FREESPIRIT not being a party to it.
- Unpaid benefits
If the User who has benefited from intermediation does not pay the reserved service in accordance with the agreed payment dates, while the Service Provider is ready and is able to provide the services in accordance with the Service Contract and no retention fee ‘is provided for legally or contractually by the User, the Service Provider is authorized after reminder of payment with due date, to waive the contract and to claim the payment of costs relating to the termination to
- Exchange of messages
All messages between the User who has benefited from the intermediation and the Provider are made via the Platform. It will be advisable for a fast processing, to use exclusively the forms made available by FREESPIRIT.
- Cancellation Guidelines
For gift vouchers, the applicable cancellation conditions will be those described on the vouchers.
If the description of the Provider’s product does not mention any derogatory condition relating to the cancellation, the cancellation fees of the Tourist Activities Provider will be as follows:
– Until 24 hours before the beginning of the activity, to the full refund
– After 24 hours before the start of the activity or in case of no show at the activity, no refund.
The Service Provider undertakes to inform the User who has benefited from the intermediation that he will have to prove to the Service Provider that no damage has been caused or that only a more insignificant damage than the fixed price demanded by the service provider has been caused.
The provider may thus reserve the right to claim a higher compensation instead of the previous package, insofar as the Service Provider proves that expenses substantially higher than the fixed price have been caused. In the present case, the service provider undertakes to quantify concretely the compensation claimed, taking into account the costs saved and the application of other services and to provide proof.
- Extraordinary cancellation
The Service Provider undertakes to inform the User that he may, without respecting the cancellation deadline, cancel the appointment scheduled for the activity when atmospheric conditions, administrative provisions, strikes or other unpredictable or unavoidable external circumstances (in particular, events of force majeure) do not significantly or greatly complicate or jeopardize the performance of the activity. In this case, the price paid will be refunded.
- Exclusion of participation
The Provider is able to prohibit access to an activity or to exclude the User who does not meet the conditions for participation, when the participation would put the User or other people in danger or disturbed by a other way durably the realization of the activity. This applies in correlation to the User who has benefited from intermediation by. In this case, the refund of the price paid cannot be made.
- Program changes
The provider also reserves the right to make ancillary program changes, when this decision is taken due to unforeseeable or unavoidable circumstances.
- Other conditions
You will find other conditions or derogations in the respective tenders.
- Time zone
The time zone of the service provider is decisive for the fixing of schedules and deadlines.
- Responsibility of the tour operator or activity
The Service Provider is liable for its services, in accordance with the applicable law. The Service Provider is liable only where the latter is provided for by the applicable law.
- Amendment of these terms and conditions
The general conditions of the tour provider or other activities may at any time and without preliminary announcement, be modified for subsequent bookings. The conditions in force apply respectively to each individual booking. The user can not claim, for subsequent reservations, the application of conditions that have
- Responsibility of the Platform
FREESPIRIT hosts on its Platform announcements and messages published by Users. FREESPIRIT only intervenes as a technical intermediary.
FREESPIRIT’s liability to third parties may only be incurred after being notified of the unlawful nature of the Content on the Site.
The responsibility of FREESPIRIT vis-à-vis the Users can be engaged only in case of non-fulfillment of its engagements resulting from the CGU. Users are fully aware of the simple intermediary role of FREESPIRIT linking Professionals and Consumers.
FREESPIRIT cannot under any circumstances be held responsible for the rental conditions offered directly by the Service Providers as provided for in the General Conditions of Use which concern them directly as well as in case of violation of the provisions of the laws and regulations in force.
The Service Provider remains solely responsible for the obligation to inform the User and / or the Consumer of the details of his offer. He is solely responsible for the description of the conditions of the stay / activity in the online ad he proposes.
FREESPIRIT cannot be held responsible for the loss of data entered in the spaces reserved for users, in particular those relating to Content that are published through the Platform.
Users have become fully aware of the aforementioned guarantees and limitations of liability, essential conditions without which FREESPIRIT would never have contracted. FREESPIRIT does not intervene in the conclusion of the rental agreement between the Service Provider and the User. FREESPIRIT has no control over the quality, safety or legality of the offers offered via its Platform.
- Attribution of jurisdiction – Applicable law
These special conditions are governed by the law of the head office of FREESPIRIT.
Any complaint must be sent within fifteen (15) days maximum.