GENERAL CONDITIONS OF FREESPIRIT USE
Last modification [12/02/2020].
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 firstname.lastname@example.org.
“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 can not 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 can not 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 can not 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 can not 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 [email@example.com].
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 “firstname.lastname@example.org”
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 [email@example.com] or by mail to FREESPIRIT’s head office.