GENERAL CONDITIONS OF USE
Due to the use of the sites (the “Sites”) and/or mobile applications (the “Mobile Applications”) published and developed by Vialala, you are required to respect these conditions. We recommend that you read carefully our general conditions of use before any use.
“The Company” or “Vialala” or “We” means the company Vialala SAS, whose head office is located at 5 rue Molière – 75001 Paris – Registered at RCS de Paris under number 813 466 588 – Registration Atout France No. IM07517052 – Financial guarantee from APST – Professional liability insurance from Hiscox – Publisher, developer of Sites and Mobile Applications.
“Site” means the site put online by Vialala, accessible at: https://www.vialala.com .
“You” means the User of the Vialala Sites.
“Content” means any text, graphic, image, music, audio, video, information or other elements.
“Member Content” means any Content that a Member publishes, submits, distributes, shares or transmits in order to make it available on Mobile Sites and Applications.
“Content of Vialala” means any Content that Vialala offers through the Sites, including any Content obtained or not licensed from a third party.
“Service” refers to all products, features and applications available on Vialala’s Websites.
“User” means any person who browses the Sites, whether or not they are identified.
“Member” means any major person with a duly completed and validated Account. The Member is a User identified on Vialala’s Mobile Sites and Applications.
“Travel Planner” or “Organizer” means a Member who offers tours to other members or users. He knows very well the country of destination in which he prepares trips. This can be done only by making recommendations for a trip.
“Account” means the Individual Account created by the Member when registering on the Vialala Sites.
2. Description of services and products of Vialala
Vialala is a website offering customized travel advice and services.
Vialala from its Sites, offers Internet users who wish to organize their trips the following Services:
- Information, tips and fact sheets
- Connecting with Organizers for the construction of customized trips
- Management of exchanges between the customer and the Organizer, concerning the quote, its customization and the order
- System for sending contact information and information to the customer and the Organizer
- Secure payment system for the part of the order made on the site
- Travel insurance information and sales related to the trip purchased
- Online and sharing of their travel records
- Creation and sharing of testimonies, comments and opinions
- Creating and sharing Experiences content.
3. Copyright and Intellectual Property of Vialala
Vialala holds all intellectual property rights (such as copyright, neighboring rights, trademark rights, rights of database producers) relating to both the structure and all Vialala Content (such as images, sounds, videos, photographs, logos, trademarks, graphic elements, tools, software, documents and other data) of Vialala’s Mobile Sites and Applications.
There is no right of use or license to use the Vialala Content without a specific, prior and written agreement from Vialala.
Any reproduction, representation, publication, transmission, use or modification, in whole or in part, of Vialala Content of the Sites, made without the express permission of Vialala, is unlawful.
Such unlawful acts commit the responsibility of the perpetrators and are likely to lead to legal proceedings against them, in particular for infringement. The Vialala brand as well as the Vialala logos appearing on the Site are valid trademarks. Any reproduction of these brands and/or logos in whole or in part without the express permission of Vialala is prohibited.
Any unauthorized reproduction of trademarks, logos and distinctive signs is a criminal offense. The offender is subject to civil and criminal sanctions, including penalties under applicable intellectual property law.
Similarly, Vialala has databases. Consequently, any extraction and/or re-use of the database(s) within the meaning of the provisions of applicable intellectual property law is prohibited.
4. Using Vialala Sites
The use of the Vialala Sites allows you to view, download and print the Content of the Site for your strictly personal and non-commercial use.
Any other use must be the subject of a specific and written request for prior authorization from Vialala.
Unless expressly authorized, it is strictly forbidden to reproduce, copy, transmit, redistribute, republish or republish any of the Partial or Total Content of the Vialala Sites, without the specific prior written authorization of Vialala.
In addition, and in any case, it is not authorized to modify Content of the Vialala Sites, nor to modify or remove any copyright, trademark or proprietary terms associated with the Content.
You expressly agree to indemnify Vialala in the event of the liability of any third party, in the event of any use not in accordance with these General Conditions of Use of the Vialala Sites.
The use of the Vialala Sites shall not be permitted to persons under the age of 13, or to persons without the legal capacity to use them in accordance with all the provisions of this Agreement.
5. Responsibility for Content
Vialala makes every effort to provide Users with available tools and/or reliable Vialala information and/or Content. However, Vialala and/or its partners cannot guarantee to Users the accuracy, completeness and/or timeliness of the information and/or Content of Vialala provided and the availability of such materials and tools.
6. Use of Community tools
The Vialala Sites allow Members who wish to do so to post photos, stories, experiences, notices and travel books to share them. Thus, any Member may at leisure, deposit Member Content which will then be disseminated.
Permission to use the content (“Member Content”) you create and share:
You must verify that the Member Content you publish and share cannot be analyzed as defamatory and/or polemical and/or homophobic and/or sexist and/or pornographic and/or xenophobic Content and/or likely to affect the sensitivity of the greatest number.
Content that you share or import, such as photos or videos, may be protected by intellectual property rights.
You must have the intellectual property rights (such as copyrights and trademarks) of all content you publish and share on Vialala. Nothing in these Terms shall deprive you of the rights you have in your own content. You are free to share your content with anyone, wherever you wish, provided you have the rights to do so. However, in order for us to provide our services, you must grant us certain legal permissions (called “licenses”) to use this Content. This is only for the purpose of providing and improving our products and services (including the distribution of customized travel). In particular, when you share, publish or import Content protected by intellectual property rights in or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensee, free and worldwide license to host, use, distribute, modify, execute, copy, publicly represent or publicly display, translate and create works derived from your content. This means, for example, that if you share a photo or video on Vialala, you allow us to store, copy and share it with others such as service providers who support our service (e.g. social networks such as Facebook, Instagram, Youtube, Pinterest, Snapchat, Twitter, LinkedIn, etc.). This license ends when your Content is removed from our systems.
You may delete your Content individually or at a time by deleting your account. To delete your account, send us an e-mail with the object “delete my account” at firstname.lastname@example.org , and we will immediately disable your account. On request in the same e-mail, we will delete all your personal data (deletion of the account disabled).
When you remove Content, it is no longer visible to other Users. However, it can continue elsewhere in our systems when:
- Immediate deletion is not possible due to technical restrictions (in which case your content will be deleted within 30 days from the time you delete it).
- Your Content has been used by third parties in accordance with the license, and has not deleted it (in which case, this license continues to apply until the content is removed);
- when immediate deletion would limit our ability to:
- Identify or investigate illegal activities or violations of our conditions and regulations (e.g. identify or investigate misuse of our Products or systems);
- respect a legal obligation, such as the preservation of evidence; or
- comply with the request of a judicial or administrative authority, a law enforcement authority or a governmental body;
in this case, the content will not be retained for longer than is necessary for the purposes for which it was retained (the exact duration varies on a case-by-case basis). In each of the above cases, the license shall continue until the content is completely deleted.
Permission to use your name, profile picture and information about your actions related to advertising and sponsored content:
As Organizers, you authorize us to use your name and profile picture and information about the actions you have taken on Vialala as a result of, or in connection with, advertisements, offers and other sponsored content that we post through our Products, without this authorization being eligible for compensation.
Permission to update the software you are using or download: if you download or use our software, you authorize us to download and install software updates, if applicable.
The Member shall grant Vialala the right to disseminate, in any medium, and throughout the world, the Member Contents which it has produced and deposited. The Member Content thus produced and put online may be freely visualized, used, transferred, shared, copied, translated, published by Vialala and on any medium, whatever the form or purpose (commercial, promotional or otherwise) without any territorial limitation.
The Member shall not distribute any Member Content on which a third party has copyright, except with the specific written permission of the third party in question.
In the event of a breach of this clause in any capacity whatsoever and for any reason whatsoever, you undertake to release Vialala from any claim arising from such an offense and, if necessary, to compensate Vialala, in the event of the breach of its responsibility, for all financial convictions, claims for compensation, including legal fees and legal fees.
The Member undertakes to publish only those Member Contents which do not infringe any rights and which are in accordance with the subject matter of the item.
7. Liability of Vialala
The liability of Vialala and/or third parties may not be incurred in respect of Content posted online, or used, and shall not entitle any claim for compensation for any direct or indirect damage or damage of any kind related to the use of the Site.
Injury or damage shall include any injury or damage relating to:
- Any Content that is published by a Member, without the Member owning the rights;
- Any Content which is defamatory or of a polemical, homophobic, pornographic, xenophobic, sexist or which may, to a greater extent, affect the sensitivity of the greatest number,
- Any interruption of activity or service,
- Any inability to use proposed results,
The inadequacy of the results provided and the shortfalls resulting from this inadequacy.
Vialala makes no commitment to the accuracy, appropriateness or impartiality of the Content published. The Content is displayed “as is” and as such, Vialala excludes any guarantee of quality or suitability for a particular use.
8. Content removal policy
Vialala reserves the right to remove any Content which contains statements, opinions of a controversial, homophobic, pornographic, xenophobic, sexist or which may, to a greater extent, affect the sensitivity of the greatest number.
When the Content, published on the Site, infringes on freedom, respect for persons, image, reputation, copyright, right to image and/or is defamatory, You may contact Vialala to request its removal.
Within 28 days of receiving a letter with Acknowledgement of Receipt, Vialala undertakes to evaluate the Content and the reasons and, after verifying the identities of the persons requesting it, to arbitrate whether or not the Content in question is withdrawn.
It is recommended that you carefully assess the facts before any claim is made, as the claim may be liable.
9. Termination of services and complaint management
We reserve the right to terminate your account at any time in case of non-compliance with the GCUs. In this case, all your personal data will be deleted.
Without this being an obligation for us, we reserve the possibility to carry out control operations, on an ad hoc basis, unilaterally or at the request of a third party, designed to verify the User’s compliance with all the terms of these General Conditions of Use and the contractual documents supplementing and/or modifying them. Such verifications may, if necessary, give rise to suspensions of User Account in the event that we request from the User the provision of information relating to the deficiencies noted. These verifications may also, if necessary, give us the right to terminate the User’s Account.
You can also completely delete your Customer Account and Content, unless you are an Organizer and there is still an order that is being processed. After the complete execution of the last order, you can freely delete your account and data.
If you find abuse or violations, or for any complaint about the Service, contact our Customer Service by email: email@example.com
Or in writing to: Vialala – Customer Service – 5 rue Molière, 75001 Paris
You will need to attach to your signed request a copy of an identity document and the e-mail address used to log in to the Sites.
11. Access to Vialala Sites and Services
Vialala offers an online service from its Sites.
The Internet connection and the connection terminal are necessary for the use of the Service.
To access the features of the Sites, you must register and create your Account (hereinafter a “Vialala Account”) to become a Member. You can register to benefit from the Services directly from the Site.
SITE ACCESSIBILITY AND TECHNICAL OPERATION
We undertake to use all reasonable means to maintain the Sites fully operational 7 days a week and 24 hours a day. However, we do not guarantee that the operation of the Sites is continuous and error-free.
Vialala shall not be liable for the unavailability, interruption or malfunction of the Sites, for any reason whatsoever, and in particular in the event of a failure of its Internet service provider, its host, the intrusion of third parties or a case of force majeure.
Vialala cannot be held responsible for any inconvenience or damage arising from the use of the Internet, such as the presence of computer viruses or spyware.
Vialala may interrupt access, in particular for maintenance and upgrade operations, or for any other reason, including technical reasons. Vialala is in no way responsible for these interruptions and the consequences that may result for the User or any third party.
It is recalled that Vialala may terminate or modify the characteristics of these services at any time without notice.
You agree that Vialala or its suppliers shall not be liable under any circumstances for any material and/or immaterial and/or direct and indirect damage of any kind and/or arising from the use or impossibility of using the Site(s).
REFUSAL, SUSPENSION AND INTERRUPTION OF ACCESS
Vialala is free at any time to deny, suspend or suspend access to all or part of the Sites or services, including for operational or maintenance reasons, to modify, suspend, delete the Sites and to terminate its publication on the Internet.
FREE ACCESS TO CERTAIN CATEGORIES OF SERVICES
Vialala provides users with free access general information services, that is, services free of charge and without the need for you to identify yourself or create an Account.
12. Claim for benefits
In order to benefit from the Services of connection, services with Organizers and the making available of a personal space, your identification and your prior agreement are essential.
Vialala has to offer its Members customized travel offers. These quotations are valid for 72 hours after their issuance (and the notification by e-mail of the Members concerned); after this period, the quotation must be validated again (price, conditions, etc. ) with the Travel Planner, and thus its validity will be extended by 72 hours.
There are certain conditions for taking into account your request for quotation:
- You are a natural person;
- You are eighteen (18) years of age or older; or if you are a minor, you must be authorized by your legal representative;
- You register in your personal capacity and not on behalf of a third party;
- You provide accurate, verifiable, complete and up-to-date personal information.
- Your email address must be personal, valid, and must be filled in.
- Your connections to the Account (times, country, Internet provider, proxy ban) must correspond to normal use of a User Account;
- Your identifiers must comply with creative rules (not to refer to a political orientation, an ethnic group, a community, a religion; not to be vulgar or insulting; Do not have sexual or even pornographic connotations; Do not resemble or imitate a registered trademark; Do not refer to a narcotic product or any other entity prohibited by law; Do not resemble or imitate the names of characters created by one of the online authors; Do not resemble or imitate the name of a member of Vialala; not be spelled or spelled alternately for the purpose of circumventing the rules imposed above).
Please note that any person making a false declaration for himself or herself or for others is subject, inter alia, to the penalties provided for by the applicable law.
13. Protection of personal data
Vialala is concerned about the protection of personal data. We are committed to ensuring the highest level of protection of your personal data in accordance with the law of Informatique and Libertés.
For information about the protection of personal data, you can also visit the website of the Commission Informatique et Liberté www.cnil.fr.
IDENTITY OF THE PROCESSING OFFICER
Personal data are collected by Vialala SAS, whose registered office is 5 rue Molière, 75001 Paris, France – France, registered under the number 813 466 588 RCS Paris, which is the publisher of the Site.
Publication Director: Mr. Xavier Oury
Accommodation: OVH, 2 Kellermann Street, 59100 Roubaix.
PURPOSE AND OPERATION OF YOUR DATA
Login – Authentication – Account Management
The primary purpose of Vialala’s data collection is to make it possible to benefit from the Connecting Services and to request a quotation from Organizers. Its email and password allow you to create an account.
The personal data collected from Members are intended to make the services of the Site(s) available, to improve them, to animate the Site(s) and to maintain a secure environment.
Specifically, the uses are as follows:
- Access and use of the Sites by Members;
- Management and optimization of sites
- Verification, identification and authentication of data transmitted by the Member;
- Possible dispute management
DATA COLLECTED ON OUR SITE
To become a Member of the Site, the personal data collected are:
- Email Address
- Where applicable, all data necessary for the issuance of “vouchers” (reservation vouchers) relating to the reservations and services of a trip: date of birth, passport number, date of issue, date of end of validity, and any data facilitating the issuance of invoices or assets, and their payment (including RIB in case of refund).
N.B. :: your payment data, and specifically your credit card, Visa, or Mastercard information, are in no way recorded or saved by Vialala at the time of the transaction. They are processed on each payment by the Stripe service.
- If you are Travel Planner:
- Main telephone number (preferably: (mobile),
- Name of your structure (if applicable),
- Postal address and full contact details of your structure (website, e-mail, telephone)
- Intra-Community VAT number, if applicable,
- All information required by a supplier to invoice: RCS number (or equivalent abroad), first name, name and address of the manager/agent of the company,
- Payment Information: PayPal account, or other means of paying you amounts due for your remuneration, including bank details.
In addition to the personal data necessary for the organization of travel, we collect and process your connection data and the content you have created. (Questions, answers, discussions).
When you subscribe to the newsletter, we collect your name, first name and e-mail address. For customers who wish to do so, we will be required to personalize this tool according to the geographical location of subscribers (postal code in particular, but only in “opt-in” mode).
We also carry out audience measurements using tools such as Google Analytics and Facebook and measure, for example, the number of page views, the number of visits to the site, as well as the activity of visitors to the site and their frequency of return.
We collect the information you provide us, including when:
- sign up,
- you ask a question or answer a question,
- you make a payment
Personal data may be shared with third parties in the following cases:
- When a request for advice or quotation is sent to a Travel Planner. These providers have limited access to the User’s data, in the course of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;
- If required by law, Vialala may transmit data in response to the claims against Vialala and comply with administrative and judicial procedures;
- if Vialala is involved in a merger, acquisition and/or transfer of assets or judicial recovery proceedings, it may be required to transfer or share all or part of its assets, including personal data. In that case, Members would be informed.
- In case of payment;
YOUR RIGHTS UNDER THE COMPUTER LAW AND FREEDOM
You are informed that in the case of the creation of accounts, the person responsible for the processing of personal data is Vialala SAS, with which your rights to access, correct and delete data are exercised in accordance with the applicable regulations.
14. Connecting with Travel Planners
To be connected to Travel Planners and organize your trip you must:
1 – Create an account on the Vialala platform: https://www.vialala.com
2 – Contact a Travel Planner either through its offer page or through its Travel Planner profile page. You can also contact us for a specific request.
3 – Provide all the information required for the preparation of the travel contract.
4 – Sign and send your scanned travel contract after signature to: firstname.lastname@example.org
15. Your responsibility
RESPONSIBILITY FOR USING THE SERVICE
You acknowledge that you use our Services for personal use.
In particular, damage may result from inaccurate Content, errors, slow or interrupted transmission, loss, disappearance or alteration of data, viruses of any origin, intrusions by third parties, and more generally from the use or impossibility of use of the site.
YOUR TRAVEL RESPONSIBILITY RECOMMENDED BY A PLANNER TRAVEL
Travel advice is agreed between you and Vialala and paid online. This service must only be paid to Vialala on its secure payment site when the order is validated. You do not have to pay directly a Travel Planner online in any way (Paypal, transfer, CB, etc.)
For this travel advice, the responsibility of Vialala and Travel Planner cannot be assumed. The service is limited to making recommendations and advising clients on their trip.
Please be aware of the general terms and conditions of sale applicable to these services under the following link: https://support.vialala.fr/cgv and accept them before any payment.
YOUR TRAVEL RESPONSIBILITY PROPOSED BY A TRAVEL PLANNER AND EXECUTED BY VIALALA
The travel contract is between you and Vialala on the benefits paid online. These services must only be paid to Vialala on its secure payment site when the order is validated. You do not have to pay directly a Travel Planner online on any medium (paypal, CB transfer, etc.)
Travel Planners are solely responsible for these services and are paid for these services on the spot, without any intervention from Vialala.
Please be aware of the general terms and conditions of sale applicable to these services under the following link: https:// support.vialala.fr/cgv and accept them before any payment.
YOUR VIRUS RESPONSIBILITY
We invite you to verify that any file transmitted or saved on the Site contains no viruses. You cannot save or transmit files that contain viruses or programs that destroy data. Your liability will be incurred in the event of an offense.
YOUR ASSISTANCE/INSURANCE RESPONSIBILITY
As with all your travels, it is recommended to be covered by insurance during your trip: assistance for persons and medical expenses, insurance in case of accident, repatriation, insurance for luggage, cancelation insurance, liability insurance. It is your responsibility to check your insurance coverage and, if necessary, to purchase one with your insurer or on the Vialala website.
YOUR RESPONSIBILITY FOR YOUR COMMUNICATIONS
You acknowledge that you (and not in any case Vialala) are responsible for all electronic communications and content sent from your website connection tool (computer, mobile, etc. ) and that you must use the Service in accordance with applicable laws.
16. Vialala’s role in choosing Travel Planner and Travel Planners’ responsibilities
Vialala has selected Travel Planners which combine the qualities to offer trips to their places of life or nearby.
Travel Planner is committed to meeting a number of commitments to our Members under the conditions described below.
To be a partner of Vialala and to offer its services, Travel Planner is committed to respecting a number of commitments to Members, including:
– Sending a quotation or make personalized contact as soon as possible;
– Use only the email and telephone provided through the Vialala platform to communicate with you;
– Provide you with all the services mentioned in the travel program;
– Do its best to ensure the best quality of services;
– Seek alternatives in case of difficulties;
– You should inform yourself of its terms of sale, its terms of payment and cancelation before any confirmation of booking on the services paid directly during your stay and not via the Website;
– Do not request a quotation payment directly from the Member. Any order on the Site must be made exclusively and solely from the secure payment site of Vialala. A Travel Planner must never ask for payment by paypal, transfer, CB directly to his account. They can only be paid for services purchased on the spot and paid directly on the spot by the customer.
17. Traveler’s liability
Vialala provides a contact service with Travel Planners. Vialala charges you a commission for the quotes provided by Travel Planners. On the services paid directly on the Website, Vialala acts as a travel agency and organizes bookings.
During your trip, you agree to respect the rules set out by Travel Planner and Vialala. These rules are intended to ensure the smooth running of the program and are also safety rules.
Any activity of the Member which is not part of the travel program is not the responsibility of Vialala.
Travel Planner is responsible to you as an intermediary between you and the various service providers that it has selected as part of your travel program and that you pay directly to it during your stay.
However, as stated in their general terms and conditions that you will have to accept when validating the estimate of your travel program, neither Vialala nor Travel Planner will be held responsible for:
– Duplication, loss or damage to your personal items;
– Theft or damage to your personal belongings in hotels;
– Harmful consequences resulting from an event of force majeure (weather, natural disaster, political problem, strike);
– Damage by other passengers, travelers;
– The consequences of delays, impediments or cancelation of air transport flights;
– The consequences of changing times or airport;
– The consequences of delays or obstacles caused by land transport;
– The consequences of delays, or impediments, or cancelation due to rail transport;
– Non-compliance with your schedule.
18. Information on the conditions for cancelation and reimbursement of services provided by Vialala
Please be aware of the applicable terms and conditions of sale under the following link: https:// support.vialala.fr/cgv and accept them before any payment.
VIALALA GUARANTEE AGAINST THE FINANCIAL FAILURE OF TRAVEL PLANNER
Vialala is not responsible for the services provided by the Travel Planner and which are paid directly by the client to the Travel Planner, nor for its financial failure in the event of judicial reorganization or in the case of judicial liquidation.
VIALALA CUSTOMER SERVICE ASSISTANCE
However, in the event of a financial failure of Travel Planner, making it impossible to carry out one or more services of the selected travel program, Vialala will assist in trying to find an alternative solution with another Organizer.
Vialala is therefore committed to compensating you for the sums already paid. This compensation will take the form of a refund if no solution is likely to insure the travel program you have paid. If all or the balance of the trip remained to be paid, these sums would be due by You to the alternative Travel Planner without the responsibility of Vialala being sought from that chef.
In case of a dispute with the Travel Planner, before, during or after your trip, Vialala’s customer service is at your disposal to help you solve it.
19. Applicable law and competent courts
This applies to both substantive and procedural rules and its content will be assessed by the competent French court alone. Conflict of law rules are excluded for the benefit of French law, except where provisions applicable in your country of residence would require the application of other rules or other attribution of jurisdiction, and such provisions cannot be avoided by contract.
You, like us, agree to submit any dispute between you and us to the non-exclusive jurisdiction of the French courts. In this respect, you can take action to assert your rights in France or in the country of the European Union in which you reside.
In the event of a dispute between you and Vialala, you have the possibility to use a treaty mediation procedure or any other alternative dispute resolution method. The Consumer Ombudsman on which Vialala depends is the Tourism and Travel Ombudsman (http://www.mtv.travel/). You can contact the tourism and travel mediator at: MTV Mediation Tourism Voyage BP 80 303 75 823 Paris Cedex 17.
The European Commission also has an online dispute resolution platform that you can access here:
Vialala reserves the right to modify at its sole discretion the services, products and contents offered by the Site or to restrict its access. The use of the Site despite the notification of change constitutes acceptance of the changes implemented.
21. General provisions
In the event that any portion of these Terms and Conditions is declared invalid or inapplicable under applicable law, including, without limitation, the warranty exclusions and limitations of liability set out above, the invalid or inapplicable provisions in question shall be deemed to be replaced by valid and applicable provisions that best correspond to the intent of the original clause, the other terms of these Terms and Conditions of Use shall remain in force and effect.
As the Site is not updated regularly, it should not, therefore, be analyzed as an editorial product under any applicable legal system.