Terms and Conditions

Last updated: April 10, 2017

CARIBOO SAS, a simplified joint-stock company with a share capital of 2,179 euros, registered at the Paris Trade and Companies Register under number 809 745 144, whose registered office is at 78, avenue des Champs-Elysées, Paris (75008) (hereinafter " CARIBOO ") operates the website accessible at "www.cariboo.co” and on the mobile application CARIBOO, from which it proposes the provision of services governed by the conditions defined hereinafter (hereinafter referred to as "Terms and Conditions"). The purpose of these Terms and Conditions is to define the terms and conditions for the use and sale of all the services offered on the website and the mobile application. The Terms and Conditions are applicable to any relationship between CARIBOO and a Cariboo Guide or User as defined below. CARIBOO aims to promote services connecting users (natural or legal persons) with Cariboo Guides, in order to enable them to experience tourist experiences as well as exceptional guided tours. CARIBOO offers an Intermediation Platform Service, linking Users with Cariboo Guides. CARIBOO can not in any case be qualified as a Travel Agent.

These Terms and Conditions constitute, in accordance with Article L 441-6 of the Commercial Code, the sole basis of the commercial relationship between the parties.

ARTICLE 1 - GLOSSARY

For the purposes hereof, each of the following terms beginning with a capital letter, whether singular or plural, shall have the following meanings:

1.1 "Terms and Conditions" means the general terms and conditions governing the registration of Cariboo Guides and the use of the Services by the Cariboo Guide and the User and the management of the Orders and the execution of the Services;

1.2 "Cariboo Guide" means any person offering benefits and who has created a Cariboo Guide Account on the CARIBOO Website;

1.3 "Order": Order to purchase Cariboo Guide Service(s) by a User, via the CARIBOO Website or via the CARIBOO Mobile Application;

1.4 "Client Account": an individual account assigned to a User for the creation of his / her profile on the CARIBOO Website and access to the Services, and in this way to the Services of the Cariboo Guides;

1.5 "Cariboo Guide Account": account assigned to a Cariboo Guide when registering on the "Become Cariboo Guide" page to create its Guide Profile to offer its Services on CARIBOO;

1.6 "Content": means any content published by a User or a Cariboo Guide on the CARIBOO Website or the CARIBOO Mobile Application;

1.7 "Provisions of Services": means the services made by a Cariboo Guide to Users who order tourist services on the CARIBOO website or the CARIBOO Mobile Application;

1.8 "Cariboo Guide Profile" means the CARIBOO profile of a Cariboo Guide and the Provisions of Services it offers;

1.9 "Services": means the services offered by CARIBOO as described in Article 3 "Description of the Services";

1.10 "CARIBOO Site" or "Mobile Application" means the website accessible at "www.cariboo.co”, or the mobile application CARIBOO for smartphones, operated by CARIBOO;

1.11 "CARIBOO Platform": jointly designates the CARIBOO Site and the CARIBOO Mobile Application.

1.12 "User" means any natural or legal person who consults and / or uses the CARIBOO Services on the CARIBOO Platform as a tourist who wishes to order the Provisions of Services of a Cariboo Guide;

1.13 "Territory": France or other country depending on the location of CARIBOO abroad;

1.14 "CARIBOO": means the company publishing the CARIBOO Services for the establishment of relations on the entire CARIBOO website as well as on the Mobile Application smartphone.

Terms and expressions not defined in this article have the meaning attributed to them elsewhere in these Terms and Conditions.

ARTICLE 2 - PURPOSE OF THE TERMS & CONDITIONS

2.1 These Terms and Conditions are intended to govern the registration of Cariboo Guides by the Cariboo Guides and the use of the Services by the Cariboo Guide and the User as well as the management of the Orders and the realization of the Provisions of Services. The Terms and Conditions constitute a binding agreement between CARIBOO, the Cariboo Guides and the Users.

2.2 The provisions of the Terms and Conditions are without prejudice to the applicable legal and regulatory provisions and the mandatory public order provisions of the given territory.

2.3 Users agree to comply with the provisions of the Terms and Conditions accessible via the "Become a Client" form. They acknowledge having read these Terms and Conditions and accept them without reservation, as soon as they click on the button "I accept the Terms and Conditions" when creating the Client Account. Any acceptance under reserve is considered null and void.

Users who do not agree to be bound by these Terms and Conditions shall not use the CARIBOO Platform or the Services.

2.4 Cariboo Guides agree to comply with the Terms and Conditions of the Terms and Conditions accessible through the "Become a Cariboo Guide" form available on the CARIBOO website. They expressly acknowledge that they have read these Terms and Conditions and accept them without reservation as soon as they click on the button "I accept the Terms and Conditions" presented on the Form "Become a Cariboo Guide". Any acceptance under reserve is considered null and void.

By clicking on the button "I accept the Terms and Conditions", they acknowledge that they have the legal capacity to conclude such an agreement or that they have the authorization of the authorized person. The Services are offered in metropolitan France in French as well as in the whole world in many foreign languages.

Cariboo Guides who do not agree to be bound by these Terms and Conditions shall not use the CARIBOO Platform or the Services.

2.5 The Terms and Conditions applicable to the Cariboo Guide and the User are those in effect on the CARIBOO Platform at the time of use of the Services.

2.7 The User and the Cariboo Guide are informed that CARIBOO reserves the right, in its sole discretion, to modify the CARIBOO Platform or these Terms and Conditions at any time. In the event that CARIBOO modifies these Terms and Conditions, the modified version will be published on the CARIBOO Platform and a notification of the modification will be sent by e-mail. The "Date of Last Update" will also be updated at the top of this document.

In the absence of a communication informing the refusal of acceptance of the modified version of the Terms and Conditions within thirty (30) days of the notification by e-mail, access or continued use of the CARIBOO Platform or the Services shall constitute acceptance of the amended version of the Terms and Conditions.
The User and the Cariboo Guide will be informed of their right of refusal in the notification e-mail. If the amended version of the Terms and Conditions is not accepted, either party may terminate the contract with immediate effect.

ARTICLE 3 - DESCRIPTION OF SERVICES

3.1 CARIBOO has set up, through the CARIBOO Platform, a virtual network linking, on the one hand, Cariboo Guides that offer tourist services of all types and, on the other hand, Users who order tourist services, cultural or recreational activities to Cariboo Guides enabling Client with a Client Account to make an Order under the conditions defined herein.

3.2 The Services offered by CARIBOO enable the Cariboo Guides to:

  • Offer Provisions of Services in a specific geographical area, in the Territory, and according to a grid of tariffs in euros (TTC and HT). The Cariboo Guide chooses, in real time, when it wishes to propose its Provisions of Services, the price it proposes, and can adapt these choices in the light of the geolocalisation of the User;

  • Communicate (through their Cariboo Guide Account) their availabilities for the delivery of the Provisions of Services, in terms of timetable and schedule, their geographical area of ​​intervention, the list of Provisions of Services offered and the associated fee schedule, but also the Content;

  • Receive by email the User Orders and the User information necessary to be able to carry out the Provisions of Services if necessary;

  • Communicate with the Users on the Site (except telephone and e-mail contact, which can not be transmitted to the User without the prior agreement of CARIBOO);

  • Receive a CARIBOO Newsletter.

3.3 CARIBOO facilitates the booking of Provisions of Services for Users but has no responsibility towards them in respect of those.

CARIBOO does not hire the Cariboo Guides. CARIBOO is not bound to the latter by any employment contract or by any capitalist, economic or financial link.
Consequently, any agreement between the Cariboo Guides and the Users binds only the latter, since CARIBOO is not a party to the latter.

THE CARIBOO GUIDES AND THE USERS UNDERSTAND THAT CARIBOO IS NOT PARTY TO ANY AGREEMENT BETWEEN THEM AND THEREFORE EXCLUDES ANY LIABILITY TO THAT TITLE TO THE EXTENT PERMITTED BY LAW.

ARTICLE 4 - MODALITIES OF ACCESS TO SERVICES

4.1 Forms "Becoming a Client"

In order to access the Services, Users log on to the CARIBOO Platform free of charge (excluding the cost of Internet connection) and follow the procedure detailed below:

The CARIBOO Platform makes available to them a "Become a Client" form which allows them to indicate name, first name, e-mail address, telephone number and password.

Upon registration via the "Become a Client" form, they receive an e-mail at their address, notifying the creation of their Client Account.
The User will then be able to identify himself and have access to the interface of his future Client Account.

The "Become a Client" form allows the User to link his future Client account to his user account of the "Facebook" website. By accepting to link his future Client Account to his Facebook user account, the User acknowledges that the Contents that he could publish on the CARIBOO Site or on the Mobile Application with his Client Account can also be published on the Facebook website Without further action on its part.
CARIBOO is not responsible for erroneous data transmitted by Users, who remain entirely responsible for the data communicated to CARIBOO.
The User remains responsible and expressly acknowledges that he has provided valid and compliant documents.

If the CARIBOO Platform is the object of fraudulent, misappropriated or inappropriate use by a User, CARIBOO reserves the right to close the account of the latter.

4.2 Forms "Become a Cariboo Guide"

In order to access the Services, the Cariboo Guide connects to the CARIBOO Site or the CARIBOO Mobile Application at no charge (except for the cost of the Internet connection remaining to be paid by the Cariboo Guide) in order to follow the procedure detailed below:

The CARIBOO Website makes available a "Become a Cariboo Guide" form which allows each Cariboo Guide to indicate its name, first name, email address, telephone number, mailing address and password.

Upon registration by the Cariboo Guide through the Cariboo Guide Form, the Cariboo Guide receives an e-mail at the address he has indicated to CARIBOO, notifying him of the creation of his Cariboo Guide Account.
As a result, the Cariboo Guide can identify itself and have access to the administration / management interface of its future Cariboo Guide Account.

In a first step, the Cariboo Guide is directed to a page entitled "My Information" in which he can complete and modify his information at any time.

In a second step, the Cariboo Guide will scan and send the following documents: identity card or any valid identity document, a declaration on the honor of non-conviction, a bank statement.

In a third step, the Cariboo Guide will be able to create guided tours and fix the price including taxes per person or per group, minimum and maximum number of participants, duration of visit, place of appointment, acceptance of Children under the age of 18, the visiting hours, the extra costs to be mobilized by the User for the visit (purchase of a pass, etc.), the availability of this guided tour, etc ...

In a fourth step, the Cariboo Guide must complete his registration by adding all his billing information, his possible SIRET identification number if he has one, his VAT number and the applicable VAT rate for his Provisions of Services in his country if he ticks the "yes" box regarding his liability to VAT, as well as any other rates or other applicable terms applicable in his country.

The Cariboo Guide is responsible for maintaining the confidentiality of his identifiers and passwords.

The "Become a Cariboo Guide" form offers the Cariboo Guide the opportunity to link his future Cariboo Guide Account to his user account on the "Facebook" website. By accepting to link his future Cariboo Account to his Facebook user account, the Cariboo Guide acknowledges that the Content that he may publish on the CARIBOO Site or the Mobile Application through his Cariboo Guide Account may also be published on the Site Internet Facebook without any additional action on his part needed.
CARIBOO is not responsible for erroneous data transmitted by the Cariboo Guides, which remain entirely responsible for the data communicated to CARIBOO.
The Cariboo Guide remains responsible and expressly acknowledges that he has provided valid and compliant documentation.

If the CARIBOO Platform is the object of fraudulent, misappropriated or inappropriate use by a Cariboo Guide, CARIBOO reserves the right to close the CARIBOO account.

4.3 Updating the Cariboo Guide and Client Accounts

The Cariboo Guide can complete all of his back office. He manages his personal information, can create his own visits, manages his Cariboo Guide Account to inspire users to choose him, manage, add, delete documents. With respect to the deletion of documents, the Cariboo Guide undertakes to always provide CARIBOO with up-to-date documents and to ensure that his Cariboo Guide Account always meets CARIBOO's initial requirements.

CARIBOO reserves the right to remove, at his discretion, without reservation or justification, any Cariboo Account or Client Account that contravenes these Terms and Conditions or the contractual or legal obligations imposed in connection with their activity or any other Obligation to which CARIBOO is subject.

4.4 Special precautions

The User and the Cariboo Guide are responsible for respecting all the conditions of use accessible on the websites of the social networks interfaced with the CARIBOO website and in particular, but not limited to, the websites Facebook and Twitter.

ARTICLE 5 - ORDER, PRICE AND METHOD OF PAYMENT

5.1 Booking of the Provisions of Services

The Services allow Users to place an order for Provisions of Services from a Cariboo Guide on the CARIBOO Platform in accordance with the following procedure:

  • The User chooses the Cariboo Guide and consults his / her profile;

  • The User reserves the Provisions of Services by clicking on "Book your place";

  • The User then chooses the date, time and duration of the Provisions of Services, the venue and the language in which the Provisions of Services will be provided;

  • The User proceeds to the payment of the Provisions of Services.

5.2 Determination of tariffs

The Cariboo Guide himself, in a free and discretionary manner, fixes the tariff in euros of the Provisions of Services by including VAT and any other tax in force in his country.

The Cariboo Guide is advised that the tariff includes:

  • The amount of the H.T and T.T.C benefit;

  • The amount of the commission owed to CARIBOO in remuneration of the Connection Service which enabled the realization of an Order.

The CARIBOO commission corresponds to an amount equivalent to twenty (20)% of the amount T.T.C of each Order, after any discounts.

Where applicable, the following should also be taken into account by the Cariboo Guide in setting his tariffs.

As such, the Cariboo Guide acknowledges that CARIBOO will return to him an amount equivalent to the amount of the Order received from which the amount of his commission for services will be subtracted.

The Terms and Conditions of the Promotional Offers offered on the CARIBOO Website, in particular, the conditions of application, the duration and their calculation methods, shall be determined at the sole discretion of CARIBOO who shall inform the Cariboo Guide prior to fixing the tariffs for his Provisions of Services.

5.3 Payment and Commission

CARIBOO shall return to the Cariboo Guide the amount of the Benefit which he has realized, according to the calculation set out above, after the User has paid the amount of the corresponding Order.

Payment is made by CARIBOO within fifteen (15) working days from the time the Benefit is made by the Cariboo Guide by bank transfer to the Cariboo Guide account through the bank account statement sent to CARIBOO.

In the event of total or partial non-payment at the end of this period, the Cariboo Guide may claim a late payment penalty.

5.4 Taxation of Cariboo Guides Income

As a Cariboo Guide, you are taxable on income from Industrial and Commercial Profits (BIC) or Non-Commercial Profits (BNC). You understand and agree that you are solely responsible for reporting income received through the CARIBOO Platform.

CARIBOO can not be held responsible for any failure of a Cariboo Guide to its tax and social obligations. CARIBOO is unable to provide tax advisory services to its Cariboo Guides.

ARTICLE 6 - BENEFITS AND OBLIGATIONS

6.1 Realization of the Provisions of Services


The Cariboo Guide is solely responsible for the performance of the Service with respect to the User. CARIBOO has only a role of intermediation and connection between a Cariboo Guide and a User.


The actual performance of the Provisions of Services and the behavior of the Cariboo Guide are not controlled by CARIBOO. CARIBOO excludes all liability in this respect, to the extent permitted by law.


The Cariboo Guide should read the laws of the city, town, region, etc. As well as the regulations of the premises that are the subject of the visit.


CARIBOO waives all liability for any failure by the Cariboo Guides to comply with applicable laws and regulations during the Provisions of Services.


6.2 Cancellation of a Provisions of Services booked on the CARIBOO Platform due to the Cariboo Guide


Any cancellation on the part of the Guide will result in a full refund to the User of the amount committed, without financial compensation for the Cariboo Guide. When the cancellation occurs prior to the start of the User's visit, the Cariboo Guide's initially reserved slot is then made available to other users on the CARIBOO Platform.


6.3 Cancellation of a Provisions of Services booked on the CARIBOO Platform due to the User


Prior to receipt of the final confirmation email, cancellation by the User will result in the reimbursement of the sum initiated, without financial compensation for the Cariboo Guide. From the receipt of the final confirmation email and up to 72 hours before the start of the Provisions of Services, cancellation of the Provisions of Services by the User will result in the reimbursement to the User of the sum committed, minus the service fees, without financial compensation for the Cariboo Guide. For a cancellation by the User between the start of the Provisions of Services and 72 hours before the start of the Provisions of Services, the User will not receive any reimbursement from CARIBOO or the Cariboo Guide. The Cariboo Guide will receive the intended financial compensation, as if the Provisions of Services had been carried out normally.


ARTICLE 7 - INVOICING

7.1 CARIBOO invoicing of Services for the Cariboo Guide.

The invoicing of the Services carried out by CARIBOO to the attention of the Cariboo Guide is remunerated by a commission amounting to 20% of the Final Provisions of Services paid by the User. This commission is the subject of an invoice drawn up by CARIBOO and forwarded to the Cariboo Guide. The invoice is drawn up according to French law's billing rules according to French law in force.

7.2 Issuance of an invoice for Provisions of Services to the User by CARIBOO in the name and on behalf of the Cariboo Guide.

By signing these Terms and Conditions, the Cariboo Guide authorizes CARIBOO to issue invoices to Users in the name and on behalf of the Cariboo Guide.
CARIBOO will act strictly as an agent within the scope of this billing mandate.
The Cariboo Guide must, through its backoffice provided on cariboo.co, indicate all the mandatory fields to the establishment of this invoice: that is to say in a non-exhaustive way, its name, its SIRET number, its address of Invoice, VAT number if applicable, percentage of VAT in force, and all other taxes and mandatory entries that must also appear on the invoice as defined by law.

Despite the billing mandate, the Cariboo Guide retains full responsibility for the content of this invoice and its invoicing obligations and for the consequences with respect to Value Added Tax and other tax provisions and obligations relating to the billing.

ARTICLE 8 - SECURITY AND PERSONAL DATA

8.1 Personal data collected by CARIBOO

CARIBOO and the treatments implemented through it are the subject of a declaration to the National Commission of Informatics and Liberties. In the event of a request for the creation of a Client Account or a Cariboo Guide Account or any other exchange with the User or the Cariboo Guide, CARIBOO collects personal data within the meaning of the law No. 78-17 relating to data processing, files and freedoms of 6 January 1978. When requesting the creation of a Client Account or Cariboo Guide Account, the Form provides CARIBOO of personal information, solely for the purpose of proposing Services, and this request for personal information is made by CARIBOO solely for the purpose of proposing Services. CARIBOO can not provide Cariboo Users or Guides with access to the Services or respond to any other request if the Cariboo User or Guide refuses to disclose certain requested information or if the User or Cariboo Guide discloses false information, this being essential to the management of the commercial relationship with the Cariboo Guides on the one hand, and the Users on the other hand. As such, the User and the Cariboo Guide guarantee the veracity of the information they communicate to CARIBOO.

8.2 Rights of User and Cariboo Guide to Personal Data

In accordance with the Data Protection Act n ° 78-87 dated 6 January 1978, the User and the Cariboo Guide have the right to access, rectify and delete personal data concerning him or her, a right to oppose, for legitimate reasons, the assignment or communication to third parties of its information.

This faculty can be exercised by simple written request addressed to CARIBOO - 78 avenue des Champs-Elysées, 75008 Paris or by Email: boo@cariboo.co.

A Cariboo Guide does not have the possibility to contact a User without a prior request from them via a reservation on the CARIBOO Platform. Thus, no Cariboo Guide can contact a User in an unsolicited manner.

8.3 Cookies and targeted advertising system

CARIBOO automatically collects information relating to the User's and Cariboo Guide's journey on the Site, by implementing, in particular, cookies enabling him to follow his navigation within the Site. These cookies are digital identifiers transferred to the user's terminal and the Cariboo Guide. They are implemented to facilitate the navigation of the User and the Cariboo Guide by enabling CARIBOO to recognize him and offer him a personalized and attractive navigation experience.

CARIBOO is also aware of existing navigation data on partner sites that will enable it to know what were the last pages visited or consulted on these sites by the User and the Cariboo Guides. Cariboo Users and Guides who do not wish to benefit from this type of targeting can request it at the following email address: boo@cariboo.co.

However, it is specified that Cariboo Users and Guides will continue to see advertising on the CARIBOO Site during their visits, except that this advertisement will not be targeted based on his browsing / cookie data.

The User and the Cariboo Guide can disable cookies or delete cookies using the browser options.

CARIBOO reserves the right to publish or have published on the websites and partner platforms the information provided by the User and the Cariboo Guide in order to ensure a greater visibility of the offers offered by these and to promote their visits. The websites and platforms concerned will be those that have entered into a partnership agreement with CARIBOO, prior or subsequent to these Terms and Conditions. Cariboo Users and Guides who do not wish to benefit from this communication policy may indicate this to CARIBOO by writing to the email address: boo@cariboo.co.

Their request will then be processed by CARIBOO within seven days.

ARTICLE 9 - CONTENT AND BEHAVIOR OF CARIBOO GUIDES

9.1 Behavior of the Cariboo Guide in the Performance of Provisions of Services

The Cariboo Guide is solely and fully responsible for the Provisions of Services he offers and expressly acknowledges herein to hold all information related to countries presenting a higher or lower safety risk and to have taken prior to any Provisions of Services the necessary measures to preserve his safety and those of the persons to whom he proposes Provisions of Services. The Cariboo Guide recognizes that he is aware of the recommendations, in particular those available on the Ministry of Foreign Affairs' website regarding countries where there is a risk and is fully accountable and informed about the recommendations made by the Ministry.

Furthermore, the Cariboo Guide expressly refrains from visiting the venues reserved for the Certified Guides and the violation of this obligation should not make it possible to commit CARIBOO's liability on any basis whatsoever, regardless of the circumstances.

9.2 Behavior of the Cariboo Guide regarding publication of Contents

The features of the CARIBOO Site allow the Cariboo Guide, who offers his Provisions of Services, to publish photographs of a Provisions of Services for which he is authorized to publish the photograph on the Site. Photographs are an integral part of the definition of "Contents". The Cariboo Guide is solely and fully responsible for his Content and acknowledges that the information he publishes may be brought to the attention of Cariboo Users or Guides and more generally the public. The Cariboo Guide commits himself to be the holder of the rights to publish and use these contents or to have acquired them.

9.3 Contents published by Users

The Cariboo Guide is informed of the possibility for Users to publish Content of their choice and in particular comments and photographs of the Provisions of Services provided by the Cariboo Guides, accessible to any User and any Cariboo Guide. Each User is responsible for the entirety of the Contents which he publishes through his Client Account.

9.4 Intellectual Property Rights in the Contents

The Cariboo Guide grants CARIBOO the right to use, reproduce, adapt, modify, translate, publish, present to the public and distribute any Content on any media known on the date of entry into force of these Terms and Conditions. Territory of the world and for the legal duration of the intellectual property rights related thereto. As such, the Cariboo Guide recognizes that he has all the rights and powers necessary to grant such a license.

9.5 Report Abuse and Withdrawal of Contents

The User and the Cariboo Guide have the opportunity to report any abuse of a Cariboo Content, User or Cariboo Guide to CARIBOO by clicking on the "Report Abuse" button on the Site. CARIBOO reserves the right to withdraw, at any time and without prior notice, any Content in the event that the User or the Cariboo Guide does not comply with the rules set out above or for any reason which he considers necessary for the safeguarding of his interests.

ARTICLE 10 - INTELLECTUAL PROPERTY RIGHTS ON THE CARIBOO SITE

The CARIBOO Site and the Mobile Application are made up of a structure and data of all natures, namely texts, images, sounds and logos.

Each of these elements is subject to intellectual property rights. These rights are the exclusive property of CARIBOO or have been the subject of a total or partial transfer, or a license, by their authors or beneficial owners, to the benefit of CARIBOO.

These Terms and Conditions do not imply any license to reproduce, modify or commercially use the various elements of CARIBOO, in whole or in part.

Any reproduction, modification, adaptation, translation, commercial use, total or partial publication, licensing, transfer or sale by any means whatsoever of the whole or part of the Site and the trade name and trademark "CARIBOO", is strictly forbidden, unless expressly authorized in writing by CARIBOO.

CARIBOO consents to the User and the Cariboo Guide a simple temporary license of use strictly limited to the acts necessary to consult the CARIBOO Site for the purposes of information and / or to use the Services in compliance with the conditions established herein.
The User and the Cariboo Guide agree to use, in connection with the use of the Services, no trademark, trade name or logo of any company or organization that may create confusion with CARIBOO.

Any attempt to intrude or piracy, as well as, in the absence of authorization, any reproduction, modification, commercial use, total or partial use of the different elements of the Site is forbidden and exposes its author(s) Prosecution.

ARTICLE 11 - RESPONSIBILITIES AND INSURANCE

CARIBOO's responsibility is limited to facilitating access to the CARIBOO Platform.

CARIBOO cannot and does not control the content, quality and legality of the Provisions of Services, and therefore excludes any liability for them.

Consequently:

  • The Cariboo Guides will carry out the Provisions of Services at their own risk.

  • Users will order and participate to the Provisions of Services at their own risk.

CARIBOO shall not be liable to the User for any erroneous and / or falsified information provided by a Cariboo Guide.

Each Cariboo Guide hereby expressly acknowledges that he has all the necessary assurances for the Provisions of Services he offers to Users. CARIBOO reserves the right without any restriction to request any Cariboo Guide to produce insurance certificates. Any refusal will be liable to the responsibility of the Cariboo Guide which will be removed without delay from the CARIBOO Platform. CARIBOO is only an intermediary and can under no circumstances be held responsible for failure to purchase insurance by a Cariboo Guide. CARIBOO does not provide any Provisions of Services, that remains under the full control and responsibility of the Cariboo Guide.

CARIBOO SHALL INFORM THE USER AND THE CARIBOO GUIDES THAT EACH CARIBOO GUIDE IS FULLY RESPONSIBLE FOR SETTING THE PRIZES AND ACHIEVING THE BENEFITS PROPOSED ON THE SITE, AND THE RESPONSIBILITY OF CARIBOO CAN NOT BE SEARCHED IN ANY MANNER FOR ANY CAUSE.

CARIBOO is a linking intermediary and provides a platform for linking Cariboo Users and Guides. CARIBOO is therefore not responsible in any way whatsoever. The Cariboo Guides and the Users acknowledge that it is their entire responsibility to decide whether or not to make contact. The Cariboo Guides and Users assume exclusive responsibility for any liability arising out of, or intended to result from, the use of the CARIBOO Platform.

CARIBOO offers information and a tool to link Cariboo Users looking for Services and Guides by offering. CARIBOO does not provide any Cariboo Guide Provisions of Services and assumes no responsibility for any Provisions of Services whatsoever. Consequently, CARIBOO shall not be liable for any kind of damages, losses (including direct, indirect, consequential, punitive or special damages, losses, etc.), claims, demands, costs (including legal fees) any penalties and fines (including third party) directly or indirectly related to the relationship between a User and a Cariboo Guide, including but not limited to any User's act or omission (including payment) and the Cariboo Guide, the content and consequences of (the publication or distribution of) any comments, estimates, or statements regarding the Cariboo Guide and the termination of the Client Account or the Cariboo Guide Account for any reason whatsoever.

CARIBOO can not be held responsible for false declarations emanating from a User or a Cariboo Guide or from the non-compliance by the User or the Cariboo Guide. CARIBOO is not responsible for any encounters, services or any other activities between Users or between User(s) and Cariboo Guide(s) following the use of the Services.

CARIBOO recalls that the contents of the Site may contain technical inaccuracies, typographical errors or omissions, and that this content may be modified or updated without notice.

CARIBOO maintains the Site, but can not guarantee the completeness and accuracy of the information disseminated at any time.

CARIBOO can not be held responsible for any damaging consequences of the use of such information by Cariboo Users and Guides.

CARIBOO makes no express or implied warranties, including, but not limited to, the continuity of the Services, the performance of the Services, the compliance or compatibility of any Services, A Service for a specific purpose, quality or absence of defect or defect of the Services, eviction and non-violation of the laws and regulations or the present conditions of use of the Services by other Users or Cariboo Guides.

The User and the Cariboo Guide acknowledge that use of the Services is at their own risk.

The Services are provided to them "as is" and are accessible without any guarantee of availability and regularity.

CARIBOO will endeavor to make the Services accessible 24 hours a day, seven days a week, except in the event of force majeure or an event beyond the control of CARIBOO and subject to maintenance periods, possible breakdowns, technical contingencies linked to the nature of the internet network or malicious acts or any attack on the hardware or software of CARIBOO.

The Cariboo Guide is responsible for the installation, operation and maintenance of the technical equipment required to access CARIBOO and their protection against any form of contamination by viruses or any other malicious software or code. CARIBOO does not warrant any compatibility of any kind with any browser version or configuration of the Cariboo Guide Terminal.

Hyperlinks may refer to other websites, other content, or other resources. CARIBOO shall not be held liable in the event that other sites, contents or resources are contrary to the legal or regulatory provisions in force.

In the event that the Cariboo Guide is acting within the framework of his functions in a structure of the tourism sector (such as guide agency, association of guides, receptive agency, company proposing industrial visits or leisure activities, tour operators, Etc ...), the responsibilities are then carried by the legal person that the Cariboo Guide represents and not by the Cariboo Guide as a natural person.

For this reason, the Cariboo Guide, acting on behalf of a legal entity, must indicate the name and exact contact information (SIRET number, address, etc ...) of this legal entity in order to involve the liability of the same legal person.

ARTICLE 12 - DURATION - TERMINATION

12.1 Duration

Registration for the Services takes effect from the creation of the Cariboo Account or Client Account. The Terms and Conditions are for an indefinite period, subject to termination by the User, the Cariboo Guide or CARIBOO, as defined below.

12.2 Termination of CARIBOO

CARIBOO reserves the right to disable, without notice, any Cariboo Account or Client Account in the following cases:

  • Non-compliance by the User or the Cariboo Guide to the Terms and Conditions;

  • Complaint by one or more Users;

  • Fraud, counterfeiting, intrusion or unauthorized retention in the CARIBOO website's computer system, including in the event of a simple attempt;

  • If the User or the Cariboo Guide is at the origin of any action contrary to the interests of CARIBOO;

  • Inactivity of the Cariboo Account or Client account for a period of one year.

If the Cariboo Guide account or Client Account is deactivated by CARIBOO, the personal data of the User or the Cariboo Guide will be retained for a period of one (1) year from the date of deactivation.

The former User or former Cariboo Guide may then exercise his rights of access and rectification as well as the right of opposition provided for by law no. 78-17 of 6 January 1978 relating to data processing and modified freedoms In 2004, at any time on simple request by Email: boo@cariboo.co.

CARIBOO reserves the right, at any time and without prior notice, to suspend, restrict or deny a User or a Cariboo Guide access to the Services and to modify, suspend or terminate the operation of the Site temporarily or otherwise.

12.3 Termination of the Client Account or Cariboo Guide Account

The Cariboo Guide can deactivate its account at any time upon request by email. This operation takes place after the latter has carried out all the Services whose respective orders have been transmitted to him by CARIBOO, from the day of receipt of the CARIBOO Cariboo Guide application by email. This operation is irreversible.

The User can deactivate his account at any time upon request by email. This operation takes place after the latter has paid all the Services he has ordered, from the day of receipt of the request by the User's email by CARIBOO. This operation is irreversible.

This faculty can be exercised on simple written request addressed to CARIBOO at the email address indicated above.

ARTICLE 13 - APPLICABLE LAW AND OTHER PROVISIONS

13.1 Applicable law and language

THE PRESENT TERMS AND CONDITIONS ARE GOVERNED BY FRENCH LAW.

In the event of a dispute, the dispute shall be governed by French law and the courts of the place of the registered office of CARIBOO shall have exclusive jurisdiction.

The original French version of the Terms and Conditions may have been translated into other languages. The translated version of the Terms and Conditions is established with the written authorization of CARIBOO only and nobody can draw any rights in the translated version. In the event of a dispute as to the content or interpretation of the Terms and Conditions, or in the event of any conflict, ambiguity, inconsistency or discrepancy between the French version and the version in another language, only the French version shall prevail, shall apply, and shall be binding and definitive. The French version will be used in judicial proceedings, subject to mandatory provisions.

The cancellation of one of the stipulations of the present Terms and Conditions can not lead to the annulment of these Terms and Conditions, only in so far as the stipulation in dispute can be considered as substantial and decisive, and its annulment calls into the general balance of the present. In the event of cancellation of one of the stipulations of the present Terms and Conditions, considered as not substantial, CARIBOO undertakes to replace it by an equivalent clause.

13.2 Amendments to the Terms and Conditions

It is recalled that CARIBOO reserves the right to modify the terms, conditions and mentions of these Terms and Conditions at any time. The Cariboo Guide and the User are advised to regularly consult the latest version of the Terms and Conditions available on the Site. Any Cariboo Guide or User who does not accept the modifications made by CARIBOO in connection with the Site or the Terms and Conditions is invited not to access or use the Site.

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