Conditions of use

RockingTrip – GENERAL TERMS AND CONDITIONS OF SALE AND USE

PREAMBLE

RockingTrip, located at 12 avenue du Château 69003 LYON – FRANCE, a SAS with a capital of 1000 Euros, registered with the Lyon Trade and Companies Register under number 821 746 658 (intra-community VAT n° FR21821746658), has created the RockingTrip services, accessible on the website www.RockingTrip.com.

RockingTrip services aim to connect travellers with travel experts who write them a personalized road-book.

Travellers submit their travel requests and criteria on the www.RockingTrip.com website and receive in the following days the various road-book proposals in the form of summaries, written by writers from the RockingTrip community.

Accompanied by comments and a voting system, RockingTrip services help travellers choose who will write the road book for their next trip.

The information about places and accommodations belongs to RockingTrip
Contact information and road-book texts remain private

1. Objet

1. These General Terms and Conditions of Sale set out the conditions for subscribing to and using the RockingTrip services (hereinafter the « RockingTrip Services ») offered by RockingTrip, on the website www.RockingTrip.com (hereinafter the « Site »), as well as the conditions for transferring the rights attached to the road-book selected by the Client.

2. The « Customer(s) » must be understood as the natural and legal persons having subscribed to the RockingTrip services, and making one or more requests to produce a road-book through the Site, and the system of competition between the Writers.

The « Road-book » referred to in these Conditions shall be understood as documents in the form of an assembly of the information necessary to satisfy the Customer’s request. This information is provided by the Writers and RockingTrip.

The  » Writers  » must be understood as the legal or physical persons having subscribed to the RockingTrip services, and responding to the requests for Road-Book realization made by the Customers through the Site.

2. Registration and ordering services on RockingTrip

1. Registration and access to RockingTrip services is reserved exclusively for legal entities and individuals of full age and free of guardianship who have completed and validated the road-book application form available online on the Site, validated these General Terms and Conditions of Sale, and paid the amounts referred to in Article 6 hereof.

2. At the time of registration, the Client undertakes to provide accurate and sincere information on his situation, as well as to carry out regular verification of the data concerning him and to proceed online on his Customer Space, if necessary, to the necessary modifications.

RockingTrip draws the Customer’s attention in particular to the need for the Customer to provide a valid main e-mail address.

Any communication made by RockingTrip to this e-mail address is deemed to have been received and read by the Client, who therefore undertakes to consult regularly the messages received at this e-mail address and, where applicable, to reply as soon as possible.

3. Only one registration as a Client is allowed per legal entity, or per individual and per postal address.

RockingTrip reserves the discretion to refuse, or to invalidate a posteriori the registration of a Client whose information may prove to be inaccurate.

4. The validation click executed at the end of the validation process of the Registration Form and/or the Road-book Request Form, formalizes the confirmation of the registration request to the RockingTrip Services and constitutes irrevocable acceptance of these General Terms and Conditions of Sale.

This validation click, as soon as RockingTrip has notified the Client of its acceptance of its application for registration to the RockingTrip Services, constitutes final consent to enter into a contract with RockingTrip for the offer of the RockingTrip Services.

The validation click is an electronic signature, which has the same value as a handwritten signature.

5. The registration gives rise to the Customer’s choice of a confidential identifier, allowing him, in addition to the password he will receive by e-mail at the time of registration, to access his private interface for managing RockingTrip Services (hereinafter his « Customer Area »).

These personal identification elements (username + password) can be modified online by the Customer in his Customer Area, and are personal, confidential and non-transferable.

In these conditions, the Client undertakes not to communicate them to third parties, and will take care to make his staff aware, if necessary, of the need to be particularly vigilant about the confidentiality of these personal identification elements.

RockingTrip cannot be held responsible for any direct or indirect damage suffered by the Client or third parties, resulting from fraudulent access to the Client’s Client Area following the disclosure of the Client’s personal identification details.

In particular, RockingTrip shall not be held liable for any direct or indirect damage suffered as a result of unauthorised access by third parties to the Customer’s Customer Area, provided that such fraudulent access has been made on the basis of the entry of the Customer’s personal identification details.

6. Any order placed by the Client, in accordance with the provisions of article 2 hereof, is binding on the Client in a firm and definitive manner.

7. RockingTrip reserves the right to refuse a registration or an order for any reason whatsoever, in particular due to a dispute relating to the payment of a previous order with the Customer concerned.

8. Computerized records, kept in RockingTrip’s or its subcontractors’ computer systems, under reasonable security conditions, will be considered as proof of communication, orders and payments made between RockingTrip and the Client.

The archiving of Registration Forms, Purchase Orders, Order and Registration Confirmations and invoices, is carried out on a reliable and durable medium that can be produced as proof.

3. Right of withdrawal

When the Client is treated as a consumer, i.e. when he enters into a contract with RockingTrip for non-professional purposes, the latter has in principle a period of seven (7) working days to exercise his right of withdrawal without having to justify his reasons or pay penalties.

The Client may not, however, exercise its right of withdrawal with regard to the RockingTrip Services to which it has subscribed, insofar as, in accordance with the provisions of Article L. 121-20-2 of the Consumer Code, the execution of the RockingTrip Services has begun with its agreement before the end of the seven (7) working days withdrawal period.

The Client’s agreement to the commencement of the performance of the Services, is formalized in this context by the validation click on the Order Form referred to in Article 2.4 hereof.

4. Description and operation of services

RockingTrip offers the Client RockingTrip Services, consisting on the one hand in the provision of a web platform (the Site) allowing competition between the drafters registered to the Services, within the framework of road-book requests made by the Client through the Site.

The Client is invited to visit the Site to learn about the different RockingTrip service offers, declined according to a range of « Service Packs ».

The RockingTrip Services are operated in several distinct phases, it being specified that articles 4.1 to 4.4 do not concern promotional name road books, which are dealt with under article 4.5.

4.1. Initial phase of Road-book development

1. Writers wishing to respond to the request expressed on the Site by the Client, design and produce a summary of their Road-book proposal, which may include several variants, within the time limit set and in accordance with the criteria designated by the Client in its request.

2. The writers cannot view during this phase the summaries of Road-books made by the other writers.

3. The writers can address any questions to the Client exclusively through RockingTrip’s internal messaging, the latter also being unable to communicate directly with the writers.

4. Road-books may not during this phase be subject to consultation and assessment by third parties, and in particular by other writers and the Client.

5. During this phase, writers may create and post on the Site variants and declinations within their Road-book summary, including modifying their summary according to exchanges with the Client.

4.2. writer selection phase

1. At the end of the deadline for the Road-book abstracting phase, the various abstract proposals will automatically be visible by the Client upon request and only by the latter.

2. Road-book summaries submitted by writers are only available to the Client and will not be made public.

3. The writers can address any questions to the Client exclusively through RockingTrip’s internal messaging, the latter also being unable to communicate directly with the writers.

4. The Client freely selects from these Road-book summaries the proposal that best matches his request and criteria.

5. The Client has a maximum of fifteen (15) calendar days to make this choice. In the event of failure to comply with this obligation, the Customer’s road-book order may be definitively cancelled without any financial compensation being requested.

4.3. Road-book writing phase by the writers

1. The writer who has been selected by the Client as part of the Writer Selection Phase (4.2) may:

– address any questions to the Client exclusively through RockingTrip’s internal messaging system, as well as receive replies to any comments made by the Client regarding his Road-book ;

– create and put online on the Site the components of the Road-book, in particular according to the comments and suggestions of the Customer, excluding any new creation that differs from the Road-book proposal initially put online and validated by the Customer.

2. The Client may not communicate with the writer by any means other than road-book comments.

3. The writer has a maximum of fifteen (15) calendar days to send RockingTrip the necessary elements for the creation of the road-book and to validate the creation of the road-book by RockingTrip. During the validation by the writer, the road-book is generated by RockingTrip and sent to the Customer. It then becomes final and not modifiable by the writer

4. In the event of failure to comply with this obligation, the writer loses his selection and will not be entitled to any financial compensation. RockingTrip reserves the right to suspend and/or demote the writer who has not satisfied this point. The Client then becomes free to address his request to any other drafter who participated in the initial phase as indicated in point 4.1 above.

In the event that no other writer has made a proposal, or if the time remaining before departure indicated in the road-book request form is too short (less than 7 calendar days), the Customer may request a refund of his road-book request in full.

4.5. Specific requests from a Client

1. The customer wishing to have a road-book written within a « short » period (less than 1 month) must indicate a departure date in the road-book request form. The Customer will be informed that he will receive his road-book at least 5 days before the departure date indicated in the road-book request form, and may submit his request to the most responsive writers (based on the average response times observed).
In this case, the time limits of the different phases (Points 4.1, 4.2 and 4.3) will be automatically calculated according to the remaining time limit. Requests for a departure less than seven (7) days in advance will not be processed.

4.6. Guarantees

1. The writer will ensure that all the elements transmitted in the Road-books do not infringe the rights of third parties, and in particular that they do not constitute acts of infringement of intellectual property rights or unfair competition.

2. RockingTrip draws the Client’s attention in particular to the fact that the service proposals (locations, activities, accommodation and contacts) provided by the writers in the RockingTrip community exclude any guarantee that the services mentioned in the road-books are available.

Neither the writer nor RockingTrip are required to ensure the availability of the service proposals (locations, activities, accommodation and contacts) provided, nor to make the reservation on behalf of the Client. These steps may be the exclusive responsibility of the Client.

3. RockingTrip and the writer release themselves in any event from any liability related to the Road-books, and therefore cannot be held liable for any direct or indirect damage resulting from them, as well as for the use that may be made thereof by third parties and notably by the Client.

4.7. Order tracking

The Customer will be able to consult the status of his order at any time, during the different phases, by connecting to his Customer Area.

5. Access and availability

RockingTrip is subject to an obligation of means towards the Client in the provision of RockingTrip Services. It therefore undertakes to implement all the necessary means to ensure the operation of the Services under the best conditions of transit time, useful throughput and permanence.

However, due to the very nature of the Internet and the computer and network infrastructures necessary for the operation of the Services, RockingTrip cannot guarantee that the Services will operate 24 hours a day, 7 days a week.

In order to ensure a quality service, RockingTrip also reserves periods of maintenance, updates or technical interventions, which may lead to a loss of access to the Services. RockingTrip undertakes, however, to limit the number and duration of service interruptions.

In all cases referred to in this article, the resulting malfunctions or unavailability of services may not be considered as periods during which RockingTrip does not fulfil its obligations, and no compensation shall be paid to the Client, regardless of any prejudice suffered by the latter or by third parties as a result of such malfunctions or unavailability.

6. Financial conditions

1. The prices of the various « Service Packs » and their options are displayed on the Site in Euros all taxes included (TTC).
They apply to all Clients, regardless of their address.

2. The prices of the selected Products will appear in the Purchase Order completed by the Customer, all French taxes included and will include the following costs :
– costs of producing the Road-books, which must be paid for the services of the writer selected by the Client during the selection phase (cf. art. 4.2 hereof).
– other options subscribed during the order.

3. If the Customer is domiciled outside the territory of the European Union, including in the French overseas departments and territories, the amount of his order will be invoiced to him excluding tax, or with a reduction corresponding to the VAT rate in force applicable in France. However, in this case, it will be up to him to check that he does not have to pay taxes in his country. RockingTrip reserves the right to change its prices at any time, but the Services will be invoiced on the basis of the rates in effect at the time of order entry.

4. Customers can pay and writers can receive payments in different currencies, which may require currency conversions. Although the RockingTrip platform allows users to view the price of Ads in a number of currencies, the currencies available to users to make and collect payments may be limited and may not provide the default currency for any given geographical area.

For more details on currency conversion, including all associated fees, please consult the Terms of Payment.

5. RockingTrip may, at its sole discretion, round up or down the amounts payable by Customers or payable to writers to the nearest full functional base unit of the designated currency (e.g.: dollar, euro (or other currency) nearest). For example, RockingTrip will round up the amount from $105.50 to $106.00 and the amount from $103.49 to $103.00.

Some currencies are expressed in large numbers. In this case, RockingTrip may determine that the functional base unit in which these currencies are designated may be divided by 10, 100 or 1,000. For example, for such currencies, RockingTrip would round the sum of 1,055 to 1,060 and 1,034 to 1,030. Or the sum of 35 450 to 35 500 and the sum of 35 449 to 35 400 or the sum of 837 500 to 838 000 and the sum of 837 499 to 837 000.

6. In the case of payment by credit card, RockingTrip will debit the Customer’s credit card at the time of online payment.

7. RockingTrip has adopted the SSL encryption process, which ensures the reliability of exchanges and transactions by encrypting at the time of their entry the Clients’ bank details, which are thus encrypted and transmitted directly to our banking partner Stripe, via a secure connection, without transit through the Site, and without any RockingTrip member having access to it.

Stripe Connect is a service specialized in international third-party collection in different currencies.

8. RockingTrip reserves the right to refuse the processing of an order whose payment has been refused by the bank payment centres concerned.

7. Special obligation of the customer

1. The Client undertakes to provide the writers with all the information necessary to produce the requested Road-books, and in particular to properly understand the Client’s request for a Road-book.

2. The comments made by the Client on the Site’s internal messaging system, or in comments concerning Road-books, are an expression of the Client’s thoughts.
The interactive areas of the Site are free and open to all writers and Clients registered with RockingTrip Services, but they are moderated a posteriori.

RockingTrip reserves the discretionary right to edit or remove at any time off-topic, illegal messages likely to harm public order and morality, messages of a claimant or advertising nature, relating to commercial solicitation (in particular messages containing contact details or links to websites) and any other message that is not related to the RockingTrip writerial line.

3. The Client undertakes to guarantee, indemnify, and hold RockingTrip harmless from any direct or indirect costs and damages, as well as from any convictions it may suffer as a result of any action brought by third parties against it resulting from the Client’s use of the RockingTrip Services, and in particular the interactive areas of the Site.

8. Intellectual property rights

1. All data of any kind, including texts, graphics, logos, icons, images, Road-books of the writers of the RockingTrip community, audio or video clips, trademarks, software, appearing on the Site are necessarily protected by copyright, trademark law and all other intellectual property rights, and belong to RockingTrip or third parties having authorized RockingTrip to use them.
RockingTrip, grants the Client a private, non-collective and non-exclusive right of use on the said contents.

The Client undertakes in these conditions not to reproduce, summarize, modify, alter or redistribute, without the prior express authorization of RockingTrip, all or part of the content referred to in this article.

2. RockingTrip is a community trademark registered by RockingTrip.
The User undertakes not to infringe in any way on this mark.

9. Duration and termination

1. The registration of the Client or the writer for the RockingTrip Services is concluded for an indefinite period, starting from the online validation of these services by the Client, in accordance with the provisions of article 2-4 of the present.

2. Any Customer has the possibility to delete his account at any time by going to his Customer area. Unsubscription is final, and results in the removal of access to all orders placed or in progress. The Customer will not be entitled to any refund.

3. Any writer has the possibility to delete his account at any time, provided he does not have any road-book writing in progress.

4. RockingTrip retains the right to temporarily or permanently suspend the provision of all or part of the RockingTrip Services :
– for the cases referred to in Article 11 FORCE MAJEUR of this Contract;
– at its own discretion, without the Client or the writer being able to object or claim damages.
These Conditions shall then be automatically terminated.

10. Information technology and freedom

1.In accordance with the provisions of Law No. 78-17 of 6 January 1978 on data processing, files and freedoms, and the decision of the CNIL (Commission Nationale Informatique et Liberté) of 10 July 2006 to remove the obligation to declare an Internet site in favour of the procedure for declaring the processing associated with that site.

2. Customers and Writers who have provided personal information through the Site therefore have, in accordance with the provisions of the Law of 6 January 1978, a right of access to the data concerning them, as well as a right to modify, correct and delete them.
To exercise this right, they only need to access their Customer Area on the Site, or send a letter or e-mail to the address given in Article 12.1 of this Agreement.

3.Personal data relating to Customers or writers, collected through the forms, and any future information, are intended solely for the exclusive use of RockingTrip in the context of the implementation of the services offered to Customers, and are not communicated or transferred to third parties, other than technical service providers who may be in charge of managing the RockingTrip Services, who are required to respect the confidentiality of the information and use it only for the specific operation for which they are to intervene.

4. Client and writer data will also be used to strengthen and personalize communication with Clients and writers.

5. RockingTrip keeps the personal data of Clients and writers on its own servers and undertakes to keep the personal data collected strictly confidential.

6. Customers and writers are informed that the operation of RockingTrip Services necessarily implies that RockingTrip sets a « cookie » on its computer when browsing the Site, namely a file stored on the hard disk of its computer, allowing the Customer or the writer to be automatically identified during subsequent connections on the Site, and to facilitate its navigation on the Site, as well as the use of RockingTrip Services.
The storage period of this cookie on the Customer’s or writer’s computer is three (3) months, knowing that at the end of this period, and if the Customer connects again to the Site, a new cookie will automatically be placed on the Customer’s or writer’s computer.

The Client or the writer has the possibility to reject cookies, or to delete them, as follows:

For Mozilla Firefox:
1. Choose the « Tools » menu then « Options »
2. Click on the « Privacy » icon
3. Locate the « Cookie » menu and select the options that suit you

For Microsoft Internet Explorer :
1. Choose the « Tools » menu, then « Internet Options »
2. Click on the « Privacy » tab
3. Select the desired level using the cursor

However, the use of the Site and the RockingTrip Services could be altered or even impossible in this case.

11. Force majeure

The liability of each of the Parties may not be sought if the performance of this Contract is delayed or prevented due to force majeure or fortuitous circumstances, due to the other party or a third party or external causes such as industrial disputes, intervention by civil or military authorities, natural disasters, fire, water damage, malfunction or interruption of the telecommunications network or the power grid.

Force majeure means any event outside the affected Party, of an unforeseeable, irresistible and insurmountable nature, which prevents either Party from performing all or part of the obligations imposed by this Agreement on it.

In all cases, the prevented Party shall do everything in its power to limit the duration and effects of the fortuitous event, force majeure or external cause.
In the event of an extension of the event beyond a period of three (3) months, this Agreement shall be automatically terminated.

12. Miscellaneous

This Agreement applies worldwide, and only the French version is authentic for its interpretation.

1. For any information or question, RockingTrip invites the Client or the writer to consult the FAQ section on the Site, containing the most frequently asked questions and their solutions.
In the event that the Customer has not found satisfaction in the FAQs, he can contact RockingTrip at the following coordinates:

RockingTrip
12, avenue du Château
69003 LYON
FRANCE

E-Mail: contact form

2. Contract modifications

RockingTrip reserves the right to unilaterally modify the terms of this agreement, in particular in the event of technical, legal or jurisprudential changes, or when setting up new services.

The Client and the writer will always be informed of the nature and scope of these changes, by e-mail sent to their e-mail address.

Al absence of opposition on the part of the Client or the writer within thirty (30) days following notification of these modifications, the Client or the writer shall be deemed to have accepted them.

In the event that the Client or the writer does not accept these modifications, RockingTrip reserves the right to terminate this Agreement at the sole discretion of the Client or the writer.

3. Nullity

In the event that any of the provisions hereof is found to be invalid by virtue of a present or future legal or regulatory provision, or a court decision vested with the authority of res judicata and issued by a court or competent body, such provision of the contract shall be deemed to be unwritten, all other provisions hereof remaining in force between the parties.

4. No waiver

The fact that either Party does not at any time invoke any of the provisions hereof shall never be considered as a waiver on its part of the rights it holds hereunder.

13. Applicable law and competent jurisdiction

This Agreement is subject to French law.

Any dispute arising from the performance or interpretation of this Agreement obliges the Parties to come together and try to find an amicable solution to their dispute, first in a conventional manner, then through mediation.

The parties already designate, as the competent mediation body, the Centre Interprofessionnel de Médiation et d’Arbitrage – 32 Quai Perrache, 69002 Lyon – France.
In the event of failure, the dispute will be brought before the competent court.

IN THE CASE OF THE CLIENT BEING A MORAL PERSON, THE LITIGATE WILL BE BE GIVEN TO THE COMPETENT JURISDICTION IN THE RESULT OF THE COURT OF APPEAL OF LYON – FRANCE, NONOBSTANT TO THE MULTIANITY OF DEFENDERS OR CALLED IN GUARANTEE

Last update date: 22/11/2018

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