Conditions générales d'utilisation
LEGAL NOTICE AND TERMS AND CONDITIONS OF USE OF JOHNNY BE GUIDE WEBSITE AND ASSOCIATED SERVICES
Legal Notices and Terms and Conditions for the Use of Johnny Be Guide websites and all associated services. Last version published online on March 6th 2017.
SAS Johnny Be Guide provides an online platform “johnnybeguide.com” that connects Travelers looking for authentic experiences with Locals that are ready to share their own interests and their knowledge of a specific travel location.
LEGAL NOTICE
The owner and publisher of this website is SAS Johnny Be Guide, a simplified joint-stock company registered under French law with a capital of 20, 000 Euros. Its headquarters are located at 2 Avenue Galilée Téléport 1 - BP 30153 Chasseneuil 86961 Futuroscope CEDEX, France, registered at the Poitiers RCS (French Trade Registry) under number 814 613 972, Intracommunal VAT number FR66814613972
Our website: http://www.johnnybeguide.com is hosted by SAS OVH with a capital of €10,069,020 - RCS Lille Métropole 424 761 419 00045 Siège social : 2 rue Kellermann 59100 Roubaix - France - Président : M. Henryk KLABA.
In accordance with the dispositions of the “Loi Relative à l’Informatique, aux Fichiers et aux Libertés” (Data Protection Act) Nº 78-17 of January 6th 1978, SAS Johnny Be Guide, under the register Nº 2039890 v 0, has made a declaration to the “Commission Nationale de l’Informatique et des Libertés” (CNIL – National Commission on Information Technology and Liberties) regarding the way it handles your personal information, in accordance with the simplified regulation Nº 48.
TERMS AND CONDITIONS OF USE
Please read these terms and conditions for use (“terms”, “terms and conditions”) carefully as they contain important information regarding your legal rights, remedies and obligations. These include various limitations and exclusions, a clause that governs the jurisdiction and venue of disputes, and obligations to comply with applicable laws and regulations.
In particular, Locals (“Local guides”) should understand the laws and regulations applicable in their respective countries or localities. As there may be restrictions on their ability to provide travel services or requirements to obtain certain rights, permits or licenses prior to providing such services. In many countries or localities, Locals (“Local guides”) must register, get a permit, or obtain a license before listing a travel service or accepting travelers. Local governments vary greatly in how they enforce these laws and regulations. Penalties may include fines or other penalties. Locals (“Local guides”) should review local laws before listing an Experience on JohnnyBeGuide website.
These terms and conditions govern the use of ‘johnnybeguide.com’ platform services (the “Services”) provided by Johnny Be Guide SAS and access of such Services through the website www.johnnybeguide.com (the “Site”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, members and others natural persons who access or use the Site and the Services.
By accessing or using the Service you agree to be legally bound by these Terms whether or not you become a registered user of the Services. If you disagree with any part of the terms then you may not access the Service. Failure to use the Site in accordance with these Terms may subject you to civil and criminal penalties.
KEY DEFINITIONS AND INTERPRETATION
“SAS Johnny Be Guide”: designates the company that edits the Johnny Be Guide services for connecting private individuals on all the internet JohnnyBeGuide websites.
“Site”: designates the johnnybeguide.com website.
“Services” designates only online services provided by SAS Johnny Be Guide through the JohnnyBeGuide.com website.
“Member” means a natural person who completes Johnny Be Guide’s account registration process, including but not limited to travelers and locals.
“Member account” designates the account that must be created in order to become a Member and to gain access to all the services proposed on the Johnny Be Guide platform.
“Traveler” or “Visitor” means a Member who requests from a Local a booking of an experience via the Site or Services in order to participate physically to an Experience with Local.
“Participant” means a Traveler or any natural person who accompanies a Traveler who participate physically in an Experience organised by a Local.
“Local” or “Local guide” or "Johnny": means a Member who offers to share an Experience with a Traveler for a predetermined amount of money or for free.
“Experience”: means a service for which a Local accepts to accompany a Traveler for a determined amount of money or for free at a specific time and at a specific location (e.g.: discovering the best restaurants of the city, exploring the city by bike, visiting workshops of fashion designers, showing around secret places…). The service must comply with local and international laws and regulations.
“Booking”: this designates an Experience subject to the present TCU.
“Compensation”: means the amount of money requested by the Local and agreed to by the Traveler in exchange for the given Experience.
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“Collective Content” means Members Content and Johnny Be Guide Content.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
“JohnnyBeGuide Content” means all Content that JohnnyBeGuide makes available through the Site or Services, including any Content licensed from a third party, but excluding Member Content.
“you”, “your” and “yours” means you a User of the Site or Application.
“Johnny Be Guide”, “we”, “us” and “our” are references to Johnnye Be Guide SAS.
“TCU” designates the Terms and Conditions of Use.
SERVICES
Description of the Services
Johnny Be Guide provides an online platform to connect Locals and Travelers that want to meet online and arrange for Bookings of Experiences at a specific location directly with each other.
Members can become Locals by completing required information on their member’s profile and list Experiences they want to offer to Travelers on the Site.
Travelers can view the profiles of Locals on the Site, select them and book Experiences with them.
Role and responsibilities of Johnny Be Guide
The role and responsibilities of Johnny Be Guide are strictly limited to facilitating through an online platform the connections and the Bookings between the Travelers and Locals in sharing Experiences. You understand and agree that Johnny Be Guide is not a party to any agreement between the Local and the Traveler in relation to the Experience. Johnny Be Guide is not an owner, reseller, provider, tour operator nor a travel agent and does not provide the Experience or any travel services. Locals cannot be considered to be exercising a tourist guide activity under the authority of Johnny Be Guide.
Johnny Be Guide has no control over the conduct of Travelers, Participants, Locals and other users of the site, services or Experiences. Johnny Be Guide does not control the content contained in the profile of the Locals and the condition, legality or suitability of the Experiences they offer. Johnny Be Guide is not responsible for and disclaims all liability to the Experiences provided by the Locals to the maximum extent permitted by law. Bookings of Experiences provided by the Locals are made at the Traveler’s and participant’s own risk.
Intellectual Property
All Intellectual Property to the Content (except for the member Content) featured or displayed on the Site or via the Services, is the property of Johnny Be Guide and is protected by copyright laws, patent and trademark laws and other legislation. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site or Services.
Partner websites
By accepting the following TCU, you accept that the information submitted on registration may be published on other media belonging to Johnny Be Guide. Johnny Be Guide reserves the right to copy any information featuring on the Website or on partner websites. More specifically, the advertisements published on one of the websites that is edited or jointly edited by Johnny Be Guide may be reproduced on other websites edited or jointly edited by Johnny Be Guide or third parties.
USE OF THE SERVICES
Eligibility
The Site and Services are intended only for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
Member Accounts
To use all the Services available as to create your profile as a Local and list Experiences or book an Experience with a Local as a Traveler, you must register as a member by creating an account on johnnybeguide.com either by signing up directly via the site or using another sign up mean like Facebook connect.
You need to register with your official name. You agree to provide accurate, current and complete information during the registration process or through any other sign up means and to update such information to keep it accurate, current and complete. The registration of more than one user account for the same natural or legal person is not allowed. The user account is not transferable. Johnny Be Guide reserves the right to suspend or terminate your Johnny Be Guide Account and your access to the Site and Services if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
You are responsible for safeguarding your username and password and for not allowing anyone else to use them to access the Services. Johnny Be Guide is not responsible for any loss that results from unauthorized use of your username and password, with or without your knowledge.
Unless expressly authorized by a specific feature on Johnny Be Guide, you are not permitted to share your Johnny Be Guide Account with anyone or allow others to access or use your Johnny Be Guide Account.
Johnny Be Guide Content and Member Content License
Subject to your compliance with these Terms, Johnny Be Guide grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Johnny Be Guide Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
Requirements for the Travelers, Locals, Profiles and Experiences
As a Traveler you are responsible for informing about these TCU all the Participants that will accompany you physically for an Experience with a Local you booked through the Johnny Be Guide platform.
As a Local you are responsible also for informing about these TCU all the Participants who will accompany physically a Traveler who booked your Experience through the Johnny Be Guide Site and who will participate to your Experience. All the Participants in an Experience must accept and comply with these TCU and they agree to be legally bound by these Terms.
If you are Traveler or a Participant, you understand and agree that a Local is not an individual involved in professional travel activities. A Local is not always a licensed and/or qualified tour guide. He or she is a person, who has knowledge of certain area and wants to share it with Travelers.
As a Local, you can create a Profile where you can list Experiences as well as personal information you would like to share with Travelers about you and the area where you live. The Profile will be made publicly available via the SIte and Services and Travelers will be able to book your Experiences via the Site and Services based upon the information provided in your Profile. Travelers will be able to provide feedback on your Experience and rate you as a Local. Locals will also be able to provide feedback on Travelers and rate them after an Experience.
Please also note that any Experience has to be delivered personally by the Local who confirmed the Booking.
If you are Local, you represent and warrant that your Profile and Experiences (i) will not breach any agreements you have entered into with any third parties, (ii) will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply, and (iii) will not conflict with the rights of third parties.
If you are a Local, you understand and agree that Johnny Be Guide does not act as an insurer or as your contracting agent. If a Traveler requests a Booking of your Experience and participates in your Experience, any agreement you enter into with such Traveler is between you and the Traveler and Johnny Be Guide is not a party thereto.
User Interaction and Conduct
You are solely responsible for your interactions with other Members, whether online or in person. Johnny Be Guide assumes no responsibility or liability for any loss or damage resulting from any interaction with other members of the Services.
For communications about bookings all Members will be offered a private messaging facility. Such facility must be used in a professional, courteous manner and only in relation to Experience. We reserve the right to monitor and suspend any Member accounts we suspect of abusing the private messaging facility.
Sharing your contact details, such as your phone numbers, emails, links to other sites and social networks, is not allowed before a booking is confirmed. Communication before booking is for discussing your tour details only. Contact details of both parties will be automatically released after booking is confirmed through our booking system. Any attempts to exchange contacts before the confirmation of a booking can be a reason for limiting you from using our Services.
You understand and agree that you are solely responsible for compliance with all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Services and Collective Content. In connection with your use of the Site, Services and Collective Content, you may not and you agree that you will not:
Member Content
You may post, upload, publish, submit or transmit Member Content on or through the Site and Services. By making available any Member Content on or through the Site and Services, you hereby grant to Johnny Be Guide a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site and Services.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to Johnny Be Guide the rights in such Member Content, as contemplated under these Terms and Conditions; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Johnny Be Guide’s use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We reserve the right to monitor all Member Content uploaded to the Site at any time. We may decide, without notice to you, to remove, edit or delete any Member Content if we consider at our sole discretion that such Member Content is either false or in violation of these Terms. If Johnny Be Guide chooses to monitor any Member Content, it assumes no responsibility for, or any obligation to monitor or remove, such Member Content.
Termination
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Johnny Be Guide Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Johnny Be Guide Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site and Services, your Johnny Be Guide Account, your Member Content (f) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Johnny Be Guide Account. You may cancel your Johnny Be Guide Account at any time by using the specific link on your profile settings.. Please note that if your Johnny Be Guide Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site and Services, including, but not limited to, any reviews or Feedback.
Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services, may be referred to appropriate law enforcement authorities.
Bookings
If you are a Local and a booking is requested by a Traveler for your Experience via the Site and Services, you will be required to either start a discussion or decline the booking request. After discussing all the necessary details with the Traveler through our private messaging facility you will be able to send your booking offer to the Traveler. The Booking of your Experience will be confirmed after the traveler accepts your offer. If the booking process is not completed until the booking confirmation, the booking request will be automatically cancel a few day after the date of the booking request or the booking offer you sent to the Traveler.
The Locals, not Johnny Be Guide, are solely responsible for honoring any confirmed Bookings and making available any Experience booked through the Site and Services.
If you, as a Traveler, choose to enter into a transaction with a Local for the Booking of an Experience, you agree and understand that you will be required to enter into an agreement with the Local and you agree to accept any terms, conditions, rules and restrictions associated with such Experience imposed by the Local. You acknowledge and agree that you, and not Johnny Be Guide, will be responsible for performing the obligations of any such agreements, that Johnny Be Guide is not a party to such agreements, and that, Johnny Be Guide disclaims all liability arising from or related to any such agreements.
Pricing
The Local decides freely on its Experience fee within the maximum limit authorised by Johnny Be Guide. The fee is set by hour regardless the number of persons within the limit set by the Local. The experience fee must include any fees and local taxes that the Local has to collect to provide the Experience. The Experience fee displayed on the Local profile includes all fee and taxes and is final for the Traveler.
Payment
Johnny Be Guide is not involved in the payment process between the Local and the Traveler.
The Traveler have to pay directly the Local according to its own payment requirements.
Cancellations and Refunds
Each Local decides for its own cancellation policy. As a Traveler before confirming a booking you must be aware of the cancellation policy of the Local.
Johnny Be Guide reserves the right at its sole discretion to suspend, deactivate or cancel your Johnny Be Guide account if we notice too much last minute cancellations or no shows.
NON ENDORSEMENT
Johnny Be Guide does not endorse any Member. Members are required by these Terms to provide accurate information, and although Johnny Be Guide may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member’s identity or background.
Any references in the Site or Services to a Member being “verified” only indicate that the Member has completed a relevant verification process, and does not represent anything else.
Johnny Be Guide is not responsible for any damage or harm resulting from your interactions with other Members.
By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Johnny Be Guide with respect to such actions or omissions.
LIMITATION OF LIABILITY
Johnny Be Guide’s responsibility is limited to facilitating the availability of our site and services. The participation in any of the Experiences offered by the Locals is at your own risk. In no Experiences Johnny Be guide shall be liable for any indirect, special, incidental or consequential damages of any kind, whether in an action of contract, negligence or other tortious actions resulting from or arising out of participation in any of the Experiences offered by the Locals.
Whether they are Travelers or Locals, all members and Participants act under their sole and entire responsibility. Johnny Be Guide is an exchange service and in no way ensures the quality, veracity and risks incurred by the proposed Experiences. In this sense the execution of the Experience itself cannot bring into play Johnny be Guide’s liability under any circumstance, given that the service provided is an exchange service. Johnny be Guide’s liability cannot be brought into play in the case of an accident that may have arisen due to causes such as: the Local communicating erroneous information concerning the Experience and its details; the cancellation of the Booking of an Experience by the Local or the Traveler; fraudulent behaviour or wrongdoing committed by a Local, a Traveler or a Participant before, during or after the Experience; non-compliance with appropriate precautions (particularly regarding the use of equipment or vehicles); non-compliance with local legislation.
Members acknowledge and accept that Johnny Be Guide will not assume responsibility towards them for any unavailability, suspension or disruption of the website or its service, and that it cannot be held liable for any direct or indirect inconvenience of any kind that may arise from this.
INSURANCE
The Locals accepts to be insured in accordance with current legislation and to verify the validity of his/her insurance and the obligation to be insured prior to the Experience. She/he also accepts to be in possession of all the documents required for the satisfactory execution of the Experience (driving licence, boating licence, sporting federation licence, diploma, authorisation from the local authorities if necessary, etc….).
The Local must specifically ensure that its insurance enables him/her to transport/guide Travelers and/or Participants and that its insurance covers all the transported/guided persons as well as the eventual consequences arising from an incident/accident that may occur during the Experience.
The Traveler, Participants and the Local are notified of the fact that insurers may refuse to cover damages that may arise during an Experience from which the Local may have made a benefit or may have been in a situation deemed as a professional activity. He/she would thus have to cover the financial consequences of the absence of cover for an eventual accident on the part of her/his insurance contract, without bringing into play Johnny Be Guide’s liability.
The present clause exonerates Johnny Be Guide’s liability with regard to the Local, the Traveler and any Participants.
The Traveler and the Participants accepts to notify the Local about any health issues that he/she may have.
Johnny Be Guide reserves the right to immediately suspend the Member account and to notify the necessary authorities about any activity that is contrary to these Terms and Conditions.
INDEMNITY
You agree to release, defend, indemnify, and hold Johnny Be Guide and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Experience, or (iii) registration as Local by completing your member’s profile and listing Experiences; (d) the participation in an Experience by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a booking or participation in an Experience.
MODIFICATION OF THE SERVICES
Johnny Be Guide reserves the right to modify at any time and without prior notice the Terms and Conditions, the functionalities provided on the platform or the regulations governing the functioning of the Service. The modification will become effective immediately after the publishing of the Terms and Conditions that all users must acknowledge having consulted. If the modified Terms and Conditions are not acceptable to you, your only recourse is to cease using the Site and Services.
MEMBER’S PERSONAL INFORMATION
When you register as Member, we collect personal information including, but not limited to, your name, address, email address, phone number. During registration you will be able to provide us with additional information, such as your interests, hobbies, occupation and other.
After the Booking of an Experience is confirmed, some personal information as the telephone number will be transmitted to the relevant Local or Traveler committed in that booking to facilitate communications between the Traveler and the Local.
You have the right to access, correct or ask us to delete your personal information at any time by filling out the contact form. The user data provided on the site are intended for Johnny Be Guide for administrative and commercial management purposes. Johnny Be Guide does not share this information with third parties, except for the information made available to the public on your public Member profile (first name, home town, country...) and the information made available to relevant Members after you confirm the booking of an Experience.
You accept to ensure, whenever necessary, to update your personal information. You furthermore accept to confirm that your personal information is exact, complete and unequivocal.
We reserve the right to use your IP address to determine and publicly share your location.
We use “cookies” to make the Site easier for you to use and to make our advertising better. The Site also uses “cookies” to store and sometimes track information to make your online experience easier and more personalized. You may modify your computer's preferences to disable the ability of third parties to download a cookie to you. If you choose to reject all cookies, there might be some functionalities of the Site that will not work properly.
COMPETENT JURISDICTION
In the case of litigation, the competent jurisdiction will be deemed to be the competent courts in the location of the Johnny Be Guide’s headquarters.
MISCELLANEOUS
These TCU constitute the entire and exclusive understanding and agreement between Johnny Be Guide and you regarding the Site and Services.
