Preamble
Funbooker is a simplified joint-stock company (SAS) with a share capital of 338 545,00 €, registered with the Nanterre Trade and Companies Register (RCS) under no. 829634781, whose registered office is located in Paris (75015), 71 Rue Desnouettes (hereinafter "Funbooker" or the "Company").
Funbooker has set up a web platform (hereinafter "the Platform") accessible at the address www.funbooker.com (hereinafter the "Site").
The Company offers users of the Funbooker platform a service (hereinafter the "Service") connecting Users (hereinafter the "User(s)") wishing to search for and book a leisure activity (hereinafter the "Service(s)") with Partners (hereinafter the "Partners") who offer and supervise this type of activity.
The Company acts solely as the provider of a connection service via the Platform.
The Company's liability may only be engaged within the scope of this service.
The Company does not intervene in any way in the contractual relationship formed between the Partner and the User upon each confirmed booking.
The purpose of these General Terms and Conditions of Sale and Use (hereinafter the "General Terms" or the "GT") is to define the conditions under which Users may access and use the Service offered by the Platform.
Any person wishing to access the Service undertakes to expressly accept and comply without reservation with these GT prior to any registration on the Platform.
This acceptance is necessarily full and complete.
Users are expressly informed that the only valid version of the GT is the one available online at the time of their use, which they acknowledge and accept without restriction.
Funbooker reserves the right to amend these GT at any time.
It is the User's responsibility to regularly consult the latest version of the GT accessible on the Site. Users are deemed to accept this latest version each time they log in to the Site.
2.1. The Platform is accessible to any natural person aged at least 18 and having full legal capacity to enter into commitments under these GT.
2.2. Browsing the Site is free and does not require registration on the Site.
However, access to the following Services requires the User to create an account :
Each User must then complete the appropriate form on the Site, filling in all fields marked as mandatory and providing personal data concerning them that is essential for the proper functioning of the Service (valid email address).
Registration automatically results in the opening of an account in the User's name (hereinafter the "User Account"), which gives them access to a personal area (hereinafter the "Personal Area"), in a form and by means deemed most appropriate by Funbooker.
3.1. Access to the User Account is carried out by means of the email address provided at registration and a one-time code sent by email at each login (hereinafter the "Authentication Code").
Users are identified when accessing the Platform's Service by means of their email address and the Authentication Code.
This Authentication is proof of the User's identity and binds them to any use made through it.
3.2. The email address associated with the User Account is personal. It may be modified by the User via the dedicated access in their Personal Area.
The User guarantees the security of access to their email address used for Authentication and undertakes to ensure that it is respected by all persons to whom they may have given access.
More generally, the User assumes responsibility for the security of access to the Platform. Should they become aware that an unauthorised third party is accessing it, they shall inform Funbooker without delay by any means of their choice. In this regard, they acknowledge Funbooker's right to take all appropriate measures in such a case.
The Service presents a description of the Partners' profile and of each Service offered, which notably includes :
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Description of the Services |
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- a minimum of 3 photographs illustrating the Service, - the programme and key information describing the content of the Service, - practical information, notably detailing what the Service does or does not include, - the prices, - the duration of the Service, - the minimum or maximum capacities (number of persons, for example) allowed for each session, - the cancellation policy, - any specific terms applicable to each Service/Partner, - the location, - the available time slots.
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5.1 After creating their Account, the User is invited to provide personal information that will be published in their Personal Area, such as their surname, first name, activity preferences and mobile number. The User also has the option to publish a profile photograph.
The User undertakes to provide truthful information that must correspond to the requested content.
Any publication on the Platform that is contrary to public decency or that undermines public order is prohibited.
Funbooker reserves the right to delete any information published by the User on the Platform in breach of the provisions of this article.
5.2 The User expressly refrains from using the Platform to communicate to any Partner their contact details (e.g. email, phone number, address, Skype ID, Facebook ID) or any information intended to make contact without contractualising their relationship via the Platform.
In this regard, Funbooker reserves the right to delete any publication or message from a User who attempts to divert the purpose of the Platform by communicating their contact details to a Partner on the Messaging or by making them public on the Platform (e.g. in their profile description). In the event of repetition of such behaviour, Funbooker reserves the right to suspend or delete the account of the User concerned.
The User may book and purchase a Service according to three methods : Booking without a confirmation request from the Partner ("Instant Booking"), Booking with a confirmation request from the Partner ("Non-Instant Booking"), and the purchase of a gift voucher ("Gift Voucher").
Instant Booking or Non-Instant Booking is at the sole choice of the Partner; the choice is made for each Service before the Service is published. Purchase by gift voucher is available for all Services.
6.1. Instant Booking
The Instant Booking of a Service by a User from a Partner is carried out according to the following steps :
6.2. Non-instant Booking
The Non-Instant Booking of a Service by a User from a Partner is carried out according to the following steps :
In this latter case, the Company or the Partner reserves the option to propose another date or an alternative Service to the User ; the User must then carry out the online Booking process again as described above.
It is specified that the User has the option to cancel their Booking request as long as it has not been confirmed by the Partner ; this cancellation of the request must be carried out online in the User's personal area. No cancellation fee will be charged. If this cancellation occurs after Confirmation, the cancellation conditions provided for in article 6 apply.
Once the Contract is concluded, the User receives a summary voucher of their Order. This summary voucher sets out the main characteristics of the booked Service (number of persons, location, date, time, meeting point, Partner's name, name of the Service, etc.).
6.3. Gift Voucher
The User may book a Service in the form of a Gift Voucher. In this context, the ordering of a Gift Voucher by a User (hereinafter the "Giver") and then the Booking of the corresponding Service by the participant(s) (hereinafter the "Participant(s)") are carried out according to the following steps :
The Gift Voucher is valid for the booked Service and cannot be used to book other different or similar Services offered by the same Partner or by other Partners.
The Contract is concluded at the time of payment for the Gift Voucher by the Giver. No refund of the Gift Voucher will be made.
The Gift Voucher is valid for a period of 12 (twelve) months from the date of purchase of the Gift Voucher by the Giver. The credit must be used to make a Booking before the expiry of this period; the booked date of the activity may however be later.
In the event that the B2C Service is no longer available for Booking when the Gift Voucher is used by the Participant, the Company undertakes to convert the initial amount of the Gift Voucher into a credit of equivalent value to be used on the Site for any other B2C Service.
Given the significant validity period of the Gift Voucher, the content of the Service may be redefined by the Partner, without the Company's liability being engaged.
During the validity period of the voucher, the Gift Voucher can be exchanged at any time for a Gift Card of an amount and validity date identical to the exchanged Gift Voucher.
6.4. Activity Pass
An Activity Pass is a Gift Voucher that can be used for several activities offered by several partners.
The use of an Activity Pass is carried out according to the Gift Voucher methods in point 6.3, with the exception of the following point:
6.5. Gift Card
The User may book a Service using a Gift Card. In this context, the ordering of a Gift Card by a User (hereinafter the "Giver") and then the Booking with this Gift Card by the participant(s) (hereinafter the "Participant(s)") are carried out according to the following steps:
The Contract is concluded at the time of payment for the Gift Card by the Giver. No refund of the Gift Card will be made.
The Gift Card is valid for a period of 12 (twelve) months from the date of payment for the Gift Card. The credit must be used to make a Booking before the expiry of this period.
All activities offered to individuals are eligible for the Gift Card, it being understood that the User may not book a Service offered to businesses with their Gift Card.
7.1. Modification of a Booking by the User
After confirmation of a Booking, the User may submit a request to modify a Contract and, in particular, request the rescheduling of the planned date of a Service.
The modification request may be made by the User :
If the User contacts the Partner directly and the latter accepts the requested modification, the Partner must inform the Company by email at [email protected].
In the event of acceptance of the modification request by the Partner, either directly with the User or through the Company, a new summary voucher will be made available to the User in their Personal Area, mentioning the modified characteristics of the Booking. In this case, a new Booking confirmation will be issued to the Partner, accessible via their Professional Account.
It is specified that the Partner is under no obligation to accept any request to modify a Contract.
If the modification request is refused, the User will have the option to implement the cancellation process described in article 8-1, below.
7.2. Modification of a Booking by the Partner.
By way of exception, the Partner may cancel a booked and confirmed Service if circumstances beyond their control make the practice of the activity impossible or dangerous, in particular in the event of dangerous weather conditions or force majeure, or if certain conditions are not met to ensure the proper running of the activity (e.g. if the minimum number of participants is not reached).
The Partner will inform the User of such a situation as soon as possible, and will offer the User to reschedule the date chosen to carry out the Service.
If the User accepts this proposal, the Partner must contact the Company by email at the address [email protected] to notify the Company of the change to the Contract. A new summary voucher will be made available to the User in their Personal Area, mentioning the modified characteristics of the Booking. A new Booking confirmation will be issued, accessible by the Partner via their Professional Account.
If the User refuses this proposal, or if the Partner is unable to propose a new date to carry out the Service, the User may claim recovery of the amount of the Service :
It is also specified that the Partner may have informed the User in advance, in the information of the Service's description sheet, that the Service may be provided according to different terms or a different programme :
In these cases, if the User refuses the modification of the programme made by the Partner, the User may not claim a refund of the Order.
Cancellation by the Partner on the day scheduled for carrying out the Service, on the grounds of the User's ineligibility to carry out the Service (they do not meet the conditions mentioned in the Service's description sheet, such as age, level, required physical condition, appropriate attire, or any other condition), is treated as a last-minute cancellation by the User and will not give rise to a refund.
The Contract is established between the User and the Partner providing the Service. The cancellation policy is at the Partner's choice.
For each Service, the cancellation conditions are specified by the Partner in the "Cancellation" section of the activity description sheet displayed on the Site.
The Partner may opt for one of the following four cancellation conditions :
The cancellation terms by the User and the resulting fees are mentioned for each Service in the Partner's cancellation policy for the Service concerned, appearing in the Service's description on the Site.
If a full or partial refund of the amount of the Order is applicable, payment of the corresponding amount will be made to the means of payment, including, where applicable, in the form of a credit to the User's personal Account, as soon as possible. In the event of payment by ANCV Connect and for a cancellation more than 4 hours after the payment date, the refund (subject to compliance with the activity's cancellation conditions) will be made solely in the form of Funbooker credit.
The failure of the User to show up on the day scheduled for carrying out the Service and/or of the Participant(s) for whom the Service was booked and the Contract concluded is treated as a last-minute cancellation by the User and will not give rise to a refund.
9.1. The purchase price of each Service is set by the Partner and stated in euros, inclusive of tax, on the description sheet of each Service.
The fact that the User validates their order entails the obligation on their part to pay the stated price.
Payment for the Services booked on the Platform is made through the Payment System.
9.2. The charging of the User for the amount of the Service is carried out at the time of the confirmation of the Order.
The User expressly accepts that, depending on the location of the transaction, transaction fees (for example exchange rates) may be applicable to the transaction.
Any payment default by the User may result in the termination of their User Account and legal proceedings by the Company.
9.3. The creation of the User Account on the Platform constitutes a mandate for collection and invoicing.
It is the Partner's responsibility to send the User an invoice for the Service directly
10.1 The Company has set up an evaluation system allowing the User to rate the Partner and/or the Services.
To publish an evaluation, each User must have a User Account on Funbooker and must have actually booked and then carried out the Service in question. The review may only be written once the Service has been carried out.
The User undertakes to comment on and rate the Partner and/or the Services objectively.
Consequently, the following messages are prohibited, without this list being exhaustive :
10.2. The Company does not control Users' messages published on the Site in advance and, consequently, cannot be held liable for them.
The comments may be subject to a posteriori moderation in order to ensure compliance with these GT.
Funbooker reserves the right, without having to provide any justification, to delete at any time comments that are clearly not in keeping with the spirit of the Site or with these GT.
10.3. The Company reserves the right to contact the User and/or the Partner if it becomes necessary to verify an evaluation, or to modify or delete a comment.
10.4. The User and/or the Partner may request the moderation of an online evaluation by writing to the address [email protected] and explaining the reasons for their request.
The Company reserves the right to delete any comment that does not comply with the principles set out above.
In the event of repeated breaches of the principles mentioned above, the Company may suspend or terminate the account of the User who commits such breaches.
11.1 Exercise of the right of withdrawal
Under the conditions provided for by article L.221-18 of the French Consumer Code, the User has a withdrawal period of 14 (fourteen) days from the date of purchase of a Gift Voucher, an Activity Pass or a Gift Card, unless the voucher has been used, during this period, to book a Service.
Any exercise of the right of withdrawal must be reported in advance to the Company by email at the address [email protected] or by post to FUNBOOKER, 71 Rue Desnouettes, Paris (75015). When this period expires on a Saturday, a Sunday, a public holiday or a non-working day, it is extended until the next working day.
11.2 Exclusion of the right of withdrawal
In accordance with article L.221-28, 12 of the French Consumer Code, the right of withdrawal cannot be exercised for accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities that must be provided on a specific date or during a specific period.
It follows that the contract is concluded definitively as soon as the User books a Service.
12.1. The Company acts as the provider of a connection service via the Platform.
The User expressly acknowledges and accepts that, under these terms, Funbooker is bound only by an obligation of means and not an obligation of result.
The conduct of the Services contractualised via the Platform results exclusively from the agreement reached between the Partner and the User, who act under their sole and entire responsibility.
As such, the actual conduct of the services offered by the Partner and accepted by the User cannot give rise to any liability attributable to Funbooker, on any basis whatsoever.
In particular, the Company's liability cannot be engaged on account of an incident that may have occurred for reasons such as :
12.2. Some Services are accessible subject to certain conditions, without this list being exhaustive, of health, age, weight and/or skill. These conditions are indicated in the description of each Service. Due to the nature of certain Services, Partners may ask the User to sign a liability waiver or to leave a security deposit cheque.
Other Services are accessible subject to certain weather, technical or other conditions. These conditions are indicated in the description of each Service.
The User undertakes to read these restrictions carefully. In this regard, it is expressly specified that the User books and participates in the Service under their own responsibility, taking into account their level, their physical condition, their experience, their limits, and the inherent risks linked to the practice of the activity concerned.
Partners reserve the right to refuse the requested Service or to reschedule the Booking if the required conditions are not met.
In all cases, Funbooker cannot be required to compensate the User.
12.3. The Partner is responsible for the proper performance of the Service in accordance with the elements mentioned in the Service's description sheet and in accordance with the legislation in force for carrying out this Service.
The Partner certifies that they hold all the insurance, diplomas and other authorisations enabling them to provide the booked Service, the effectiveness of which the User alone is responsible for ensuring.
In all cases, Funbooker cannot be held liable for erroneous or incomplete information.
12.4. The Services do not include transport to the location of the Service. The Services are subject to the specific terms of the chosen Partner. It is therefore the User's responsibility to read them before their Booking request.
Funbooker's liability cannot be engaged in this regard.
13.1. The Company provides Partners and Users with a customer service to assist them in the event of difficulty and/or complaint.
The User may in particular contact this customer service in the event of difficulty when Booking a Service, with a payment, or concerning the performance of the Service by the Partner.
For any question or complaint, the User may :
13.2. The Company will use its best efforts to promote the amicable settlement of a dispute between the User and the Partner.
In the event that a User wishes for, and obtains, with the prior agreement of the Partner concerned, a partial or full refund of the amount of the Service, the refund will be made directly by the Company.
In the event of failure, the User and the Partner shall personally handle any actions that either of them may bring before the competent court, the Company's liability not being able in any case to be sought with regard to a breach, deficiency or inadequacy of the Service reported to it by the User.
The following are also strictly prohibited :
15.1. In the event of a breach of any of the provisions of these General Terms or, more generally, of an infringement of laws and regulations by a User, Funbooker reserves the right to suspend or delete their Account.
15.2. Funbooker reserves the right to refuse, modify or withdraw from the Platform, in whole or in part, any information likely to violate the laws and regulations in force, or that is contrary to these General Terms.
16.1. The Company reserves in particular the right, without notice or compensation, to temporarily suspend access to the Platform to carry out maintenance operations linked to its technological developments.
The Company cannot be held liable for momentary difficulties or impossibilities of access to the Platform that originate from circumstances beyond its control, force majeure, or disruptions of the telecommunications network.
16.2 The Service is provided by the Company as is and without warranty of any kind, express or implied.
In particular, the Company does not guarantee to Users (i) that the Service, which is subject to constant research to improve in particular its performance and progress, will be entirely free of errors, defects or flaws, (ii) that the Service, being standard and in no way offered for the sole benefit of a given User according to their own personal constraints, will specifically meet their needs and expectations.
The content of the Platform is the exclusive property of Funbooker ; it is protected by French and international laws relating to intellectual property.
The rights granted to Users for the use of the Platform and its Service do not entail any assignment, nor any authorisation to exploit or use any of the elements of the Platform.
Consequently, unless with the prior written authorisation of the Company, Users may not carry out any reproduction, representation, republication, redistribution, adaptation, translation and/or partial or full transformation, or transfer to another website, of any element making up and present on the Platform.
Users undertake not to submit, copy, resell, republish, or, in general, make available in any form whatsoever any information or element received from the Company or available on the Platform, to any other natural or legal person, in any country.
Pursuant to amended Act no. 78-17 of 6 January 1978, it is recalled that the personal data requested from Users is necessary for the implementation of the Service.
This data may be communicated to any of Funbooker's partners responsible for the performance, processing, management and payment of the services contractualised via the Platform.
The processing of the information communicated through the Site has been the subject of a declaration by Funbooker to the CNIL.
Users have, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification and objection regarding the information concerning them.
This right may be exercised by writing, by email, and by providing proof of identity, to : [email protected]
We issue these cookies notably in order to facilitate your browsing on the Site. They may also be issued by our commercial partners in order to personalise the advertising offer addressed to you outside the Site.
Users are free to accept or refuse cookies by configuring their browsers.
Refusal to install a cookie may result in the inability to access certain services of the Platform.
The Company reserves the right to insert on any page of the Site, and to associate with any content posted on it by a User, any advertising or promotional messages in a form and under conditions of which it shall be the sole judge.
21.1. The fact that any provision of these GT is or becomes illegal or unenforceable shall in no way affect the validity or enforceability of the other stipulations of these Terms.
21.2. These general terms are governed by French law, the language of interpretation being French in the event of contradiction or dispute over the meaning of one of their terms or provisions.
21.3. In the event of a dispute over the validity, interpretation and/or performance of these General Terms, the parties agree that the courts of Paris shall have exclusive jurisdiction to rule on it, save for mandatory procedural rules to the contrary.
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