General Terms and Conditions of Use
General Terms and Conditions of Use of FindMyGuides.com and all associated services. Online version on 27/06/2017.
These general conditions apply to the services offered by FindMyGuides. These services, including connecting individuals to promote life and tourism experiences, are provided by FindMyGuides Limited, based in Unit 1101, 11/F, Tower 1, Cheung Sha Wan Plaza, 833 Cheung Sha Wan Road, Lai Chi Kok, Kowloon, Hong Kong. As a preamble, it is notified that the main service provided by FindMyGuides is an intermediary platform between individuals or between individuals and professionals. FindMyGuides can in no way be qualified as a Travel Agent.
The site is hosted by OVH SAS with a capital of
€10,059,500 RCS Lille Métropole 424,761,419 - Head office: 2 rue Kellermann -
59100 Roubaix – France
Article 1 - Glossary
· "FindMyGuides Limited":
refers to the company providing FindMyGuides services to connect individuals on
all websites or smartphone applications.
· " Medium ": refers without
distinction to the websites www.FindMyGuides.com, www.FindMyGuides.com,
www.FindMyGuides.fr, and all mobile/nomadic applications, or other digital
media offering FindMyGuides services.
· "Guide": refers to the
natural person offering to share their experience and knowledge with another
natural person on the site for a predefined amount of money between
FindMyGuides and themselves.
· " End User": refers to the
natural person who has accepted the offer to visit the FindMyGuides website.
· "Experience": refers to a duty
operation for which the guide has agreed to accompany the user for a
predetermined amount of money and at a defined time.
· "Compensation": Amount of money
requested by FindMyGuides for the Guide and accepted by the user for the
· "Member": refers
indistinctly to the Guide or the End User who has accepted these General
Conditions of Use and who uses the medium as a Guide or End User. Members are
the sole decision-makers in the development of the guide service.
· "User Account": refers to
the account that must be created in order to become a Member and access the
services offered by FindMyGuides medium.
· "T&Cs": refers to
these General Terms and Conditions of Use, including the Charter of Good
· "Service": refers to any
service provided through the Medium to a Member, it being specified that
FindMyGuides Limited does not provide a tourism service contract between these
· "Booking": refers to an experience
subject to these T&Cs.
· "Tools" means all tools
provided by FindMyGuides Limited for the Guide or End User to simplify the
sharing and booking of experiences.
Article 2 - Online acceptance of the general
terms and conditions of use
The use of the Medium is subject to the acceptance of these T&Cs. When creating the User Account, Members must click on the box "I accept the General Terms and Conditions of Use of the site and the service offered". Only the acceptance of these T&Cs allows Members to access the services offered by the Site. Acceptance of these T&Cs is complete and forms an indivisible whole, and Members cannot choose to have only a part of the T&Cs applied or to express reservations. By accepting the T&Cs, the Member accepts in particular the Charter of Good Conduct as well as Article VII of the T&Cs concerning the "Processing of Users' Personal Data". In the event of a breach of any of the obligations hereunder, FindMyGuides Limited reserves the right to delete the relevant User Account. l.
In the event of your failure to comply with all
or part of the T&Cs, you acknowledge and agree that FindMyGuides may at any
time, without prior notice, temporarily or permanently suspend or suspend all
or part of the Service or your access to the website (including in particular
your Member/User Account) in the event of non-compliance with the T&C or
for any objective reason.
Article 3 - Modification of the General Terms and Conditions of Use
FindMyGuides Limited reserves the right to
modify at any time the T&Cs, the functionalities offered on the website or
the operating rules of the Service and the medium. The modification will take
effect immediately upon posting of the T&Cs that any user acknowledges
having previously consulted. When the change occurs after the End User has paid
a sum of money corresponding to the Compensation of the Guide, the change does
not apply to the current transaction. In particular, FindMyGuides Limited
reserves the right to offer new services, free or for a fee, on all its mediums.
Article 4 - Use of the service for the user
To register and benefit from the services offered online via the FindMyGuides websites, each Member must first create a User Account, by providing personal data concerning him/her, essential to the proper functioning of the service for connecting people (in particular surname, first name, age, civility, address, valid e-mail address). Members certify that they are over 18 years old at the time of registration. FindMyGuides Limited shall in no event be liable for any information that may be erroneous or fraudulent communicated by Members on the FindMyGuides website.
The member is responsible for the management and proper maintenance of his/her user profile, in particular e-mail and phone numbers.
Members undertake to use the service only to connect with people who wish to share a common experience (experience of any kind: guided tour, knowledge sharing, activity discovery, etc.). FindMyGuides shall in no event be liable for any fraudulent, unauthorized, or illegal use of the services offered by the website.
As the activity of the FindMyGuides website is limited to bringing together people offering experiences between individuals via FindMyGuides, the Guides cannot be considered as carrying out a Tourist Guide activity under the authority of FindMyGuides Limited. FindMyGuides supports are indeed a simple platform for exchange and can only suggest certain activities to be done before contacting the Guide.
Any experience / service provided must first be agreed in advance on the FindMyGuides internal chat. The Guide must go to the agreed place and perform the services to which he or she has committed himself or herself, pending the arrival of End Users.
FindMyGuides Limited reserves the right to
exclude without notice any Member who disregards and does not comply with these
provisions, and to remove any associated experiences.
The member also undertakes not to use the FindMyGuides services in order to:
- Communicate content that is illegal, offensive, or considered inappropriate and immoral.
- Make games or contests.
- Sell material or any other service not related to the nature of FindMyGuides and not covered by its T&Cs.
- Promote another internet service or brand other than FindMyGuides.
- Collect personal information from its members.
- Violate local, national or international law.
- Promote any criminal activity.
- Use automatons or robots to create experiments, make reservations, or register members.
- Interfere with the proper functioning of the FindMyGuides service
It is noted that FindMyGuides Limited reserves the right to remove, without any form of prior notice, any content or member that does not comply with these conditions and prohibitions.
Article 5 - Conditions for becoming a guide
The member wishing to offer his or her services on the FindMyGuides platform, also called Guide, undertakes to:
- Follow the guide selection procedure provided by FindMyGuides.
- To provide accurate information during the skype or telephone interview.
- Provide an identity document, proof of residence and a bank or paypal account.
- Being freelance.
- To promote the FindMyGuides service whenever possible and as far as possible (no obligation of means or results).
- Do not contact customers directly in order to perform services outside the FindMyGuides platform.
- To be fully insured if its activity and the proposed experience so require, as described in paragraph III.
- To ensure compliance with all applicable safety rules.
- To ensure the good health, and physical capacity, of each participant, particularly in the context of sports activities or during gastronomic visits (allergies, etc.)
- To have read the charter of good conduct described in the appendix to these T&Cs.
- To publish only advertisements of lawful and customary activities or experiences, excluding accommodation advertisements.
It is also notified that an employee member of a commercial company offering so-called "tourist" services is free to offer his/her own experiences, even if they use the knowledge, tools or networks of the said company. The latter will be responsible for finding a compensation and collaboration scheme with this company.
*FindMyGuides Limited reserves the right to reclassify the character of the proposed experience at its discretion, and to delete it if necessary, with FindMyGuides Limited giving priority to highlighting the community aspect of its service.
Article 6 - Booking of Experiences
The booking of experience is limited to members.
The FindMyGuides website offers its Members a Booking service that makes it possible to secure financial exchanges as well as the conditions of the service or even last-minute cancellation. However, FindMyGuides Limited cannot be held liable under any circumstances, in particular because of the occurrence of one of these risks.
Each booking entitles the Guide to compensation in the event of late cancellation of a final customer within the limits set out below.
FindMyGuides tools also assure the End Customer that the Compensation will only be collected by the Guide once the service has been performed.
A booking only becomes effective once the payment has been made on the site by the End User and once the itinerary has been programmed with the guide via FindMyGuides support. Once effective, all these T&Cs apply to this reservation.
It is clearly notified that FindMyGuides Limited will invoice its commission after the service provided by the GUIDE, and that the invoice for the service must be issued by the GUIDE for the member who booked the service.
When booking stays or more extensive activities, the member is invited to contact the GUIDE in order to know in detail the associated conditions of sale.
Article 7 - Booking and Confirmation
FindMyGuides offers destinations as well as program suggestions on the Medium section, specifying the details of each one: subject, location, `date` and times, prices, and any other conditions.
The End User then reserves one or more places from FindMyGuides Medium by making an online payment using a credit card or any other payment method made possible by the FindMyGuides platform.
The payment received by the FindMyGuides platform constitutes the confirmation of the Booking (hereinafter the "Booking Confirmation"). After the Booking Confirmation, the Guide and the End User are irrevocably bound in particular by the application of the "Financial Provisions" below.
The Guide and the End User are informed that the transaction is irrevocably concluded, by an email sent to the Guide and the End User respectively.
Any cancellation made after the Booking Confirmation is regulated by the terms and conditions set out in the "Payment and Cancellation Fees" Section of this Agreement. The reservation is nominative. Both the Guide and the End User must match the identity communicated to FindMyGuides. Both the Guide and the End User are entitled to consider that the cancellation is the responsibility of the person whose identity corresponds to that mentioned on the site.
The Guide undertakes to End Users to perform all the services described in its Booking Experience, which it has proposed and agreed to share with them, at the agreed date, time and place.
Article 8 - Guide obligations for a booking
- To answer within 48 hours after the connection between private individual and the guide has been established by FindMyGuides.
- To inform FindMyGuides and/or any member who has booked one of their experiences of a program change.
- To arrive at the time and place previously agreed, failing which or in the event of cancellation, FindMyGuides reserves the right to keep this cancellation information in a database on its profile and/or to publish this information on its online profile and/or to suspend access to the Guide Medium.
- To inform End Users immediately of any changes in the Booked Experience
If one or more End Users have booked and the Guide decides to change any condition of the booked experience as initially informed, the Guide undertakes to contact as soon as possible its End Users who have made a Booking on its Experience and to obtain the agreement of the End Users on this change. If an End User refuses this change, then he/she is entitled to cancel his/her Booking completely without being charged any cancellation fees, and without any compensation being paid to the Guide.
- Wait for the End User at the meeting place until 1 hour after the agreed time (tolerance does not exempt the End User from being punctual).
- To respect the program planned in advance.
- To behave respectfully in all respects
- To respect the charter of good conduct described in the appendix to these T&Cs
- To issue an invoice, in accordance with its local laws, for the participants of its services
- To have accepted the conditions indicated in the form sent beforehand by email
Article 9 - Payment and fees in case of normal operation
The FindMyGuides platform charges a booking fee (hereinafter referred to as "the Booking Fee") from the website or any other medium. These costs are invoiced to the End User at the time of booking to cover logistics costs and are invoiced by the banks. These costs are made up of an amount plus the VAT in force (21% for Spain). The remuneration of local guides is not indexed on the amount of the reservation but on the total turnover of the company.
The End User has 2 days (2 calendar days or 48 hours) to expressly inform FindMyGuides of any anomaly in the experience provided by the guide, in order to allow 1 calendar day for the FindMyGuides team to process this request.
At the end of this period, FindMyGuides considers that the experiment went well and that the service was carried out. No further recourse will be possible. From this date, FindMyGuides will take care of making payment orders to the Guide for the service invoiced within 30 calendar days. FindMyGuides cannot be held responsible for any additional delays caused by banking institutions.
The Guide provides FindMyGuides Limited with the banking information contained on its Bank Identity Statement or Postal Identity Statement, allowing transfer to its account or Paypal. This information is exclusively to be filled in by the member on the "Home / My Profile" page. FindMyGuides Limited may in some cases pay compensation in another way. FindMyGuides Limited is in no way responsible or liable to the End User for any payment incident if, for any reason whatsoever, the amount paid by the End User should be returned, in particular in the event of opposition on the card or fraudulent use. The Guide undertakes to return to FindMyGuides Limited on first request any sum received that has been called into question as a result of such a payment incident and any justified claim that has required further investigation.
Article 10 - Payment and fees in case of cancellation
In the event of a cancellation attributable to the guide, the end user will be refunded the full amount paid.
In the event of cancellation attributable to the end user:
· If the End User cancels more than
one week (7 calendar days) before the scheduled time of the experience, a
cancellation fee equal to the amount of the reservation fee paid at the time of
the booking registration is due by FindMyGuides Limited. As a result, the End
User will be fully reimbursed for the amount paid.
· If the end user cancels between 1
week and 48 hours before the scheduled time of the experience, a cancellation
fee of 50% of the amount of the booking fee paid at the time of the booking registration
is due to FindMyGuides and the Guide does not receive any compensation. As a
result, the End User will be refunded the balance, being the amount paid less
the amount of the cancellation fee, of the Guide's compensation (including
FindMyGuides Limited's commission).
· If the End User cancels less than 48 hours before the scheduled time of the booked experience, or if the End User cancels after the scheduled time of departure or does not arrive at the meeting point within 30 minutes of the agreed time: the Guide receives compensation and the booking fee is due to FindMyGuides. As a result, the End User will not receive any refund.
guide has been assigned to a mission to do several days with the same travelers
and they make a claim at the end of the first day of visit, then the guide will
not be paid for the other days cancelled at the request of the travelers. The
guide remains paid for the day's work. Travelers cannot be reimbursed for the
first day of guiding by the guide.
Article 11: Procedure in the event of a complaint or anomaly
In the event of a complaint from an End User during an experience, or any other anomaly observed in the nature or performance of an experience, proposed by a Guide, FindMyGuides reserves the right to sequester the Compensation of the Guide for the time necessary for the verifications.
Article 12 - Communication between members
The FindMyGuides platform provides its members with tools for exchange and communication. These tools, like internal messaging, can be subject to storage or formatting constraints. FindMyGuides cannot be held responsible for this.
In addition, FindMyGuides reserves the right to filter these exchanges in order to ensure compliance with the T&C. In particular, FindMyGuides Limited reserves the right to delete members' contact details exchanged outside the normal booking process, or any abusive or illegal wording.
Article 13 - Financial and tax provisions
Payment orders given by Members pursuant to this Agreement are irrevocable and shall be executed by FindMyGuides Limited's banking institution. It is expressly agreed by the members, End Users or Guides, that the sums received do not carry the right to interest. The End User and the Guide agree to respond to any request from FindMyGuides Limited and/or its banking institution and more generally from any competent administrative or judicial authority in connection with the prevention or fight against money laundering and, in particular, they agree to provide any relevant proof of address or identity. In the absence of an immediate response to these requests, the End User and the Guide agree in advance that FindMyGuides Limited may unilaterally take any action it deems appropriate, including freezing the amounts paid and/or suspending the services used by the End User or offered by the Guide. No payment may be made in favour of the Guide to an account that has not been opened in its name or has not been entered on the FindMyGuides platform supports.
Guides are also clearly informed that they are solely responsible for their compliance with local tax regulations and rules, in particular in terms of taxes applicable to their activity (e. g. VAT). Each Guide undertakes to report commissions received through FindMyGuides Limited, depending on the nature of its business, so that it is in compliance with the tax provisions of its Country.
Article 14 – Insurance
The Guide undertakes to be insured in accordance with the legislation in force and to verify before its experience the full validity of its insurance and the obligation to have insurance. He also undertakes to be in possession of all the documents required for the successful completion of his experience. (Driver's license, authorization from local authorities if the site is protected, license, certificate of fitness, boat license, etc.)
The Guide must specifically verify that its insurance allows it to transport / guide End Users and that its insurance covers all transported / guided persons as well as any consequences resulting from an incident / accident that may occur during the experiment. In the case of sporting activities, and when required, the Guide certifies that it has taken out the required insurance and that it is in possession of any state diplomas.
The End User and the Guide are informed that insurance may refuse to cover damage that may occur during an experiment in which the Guide would have made a profit or been in a situation similar to a professional activity. He would bear alone the financial consequences resulting from the absence of coverage of a possible accident by his/her insurance, without FindMyGuides Limited's liability being engaged.
This clause is an exemption from FindMyGuides Limited's liability to the GUIDE and the END-USER. The end user undertakes to communicate to the Guide any identified health problems. FindMyGuides Limited reserves the right to immediately suspend the Member's account and the sums shown therein and to report to the competent authorities any activity contrary to the FindMyGuides T&C.
Article 15 – Liabilities
FindMyGuides is responsible for the content entered on the FindMyGuides.com website by Members. This is particularly the case for the "Agenda" containing information relating to public or private events, information provided by Members. However, as soon as FindMyGuides Limited becomes aware that content on the FindMyGuides website infringes the rights of third parties, FindMyGuides Limited will do its utmost to remove the disputed content from the Site without delay.
As an End User or a Guide, all members act under their own responsibility. FindMyGuides is an intermediation service and does not control in any way the quality, veracity and risks involved in the proposed experiments. As such, the actual conduct of the experience cannot give rise to any liability attributable to FindMyGuides Limited, on any grounds whatsoever, since the service offered is an intermediation service. In particular, FindMyGuides cannot be held liable for any loss that may have occurred for reasons such as: the communication by the Guide of erroneous information concerning the experience and its terms and conditions; the cancellation of the experience by the Guide or the End User; fraudulent behavior or fault by a guide or End User, before, during or after the experience; failure to observe customary safety measures (particularly when using equipment or vehicles); failure to comply with local laws;
In all these cases, FindMyGuides Limited does not guarantee payment of the Guide. The latter strives to ensure the availability of the site and service 24 hours a day, 7 days a week. However, access to the site or service may be interrupted as a result of maintenance operations, hardware or software upgrades, emergency site repairs, or as a result of circumstances beyond FindMyGuides Limited's control (such as failure of telecommunications links and equipment). FindmyGuides undertakes to take all reasonable measures to limit such disruptions, insofar as they are attributable to it. Members acknowledge and agree that FindMyGuides Limited assumes no responsibility to them for any unavailability, suspension or interruption of the site or service and shall not be liable for any direct or indirect damages of any kind resulting therefrom. In all cases, and without prejudice to the above and in the other clauses concerning the absence of liability of FindMyGuides Limited, any cause of liability that may be asserted against FindMyGuides Limited may only give rise to the payment of damages, the amount of which shall be limited to the amounts received in respect of bank charges and commissions.
The Guides are solely responsible for the price set for their experience advertisement.
The guides undertake to provide all safety equipment necessary to carry out the experience, to ensure that it is properly understood and used by End Users, and to maintain its proper functioning.
FindMyGuides Limited is nevertheless committed to doing its utmost to ensure the quality of all experiences provided on its medium.
Article 16 - Processing of users' personal data and website content
In accordance with the provisions of Act No. 78-17 of 6 January 1978 amended by Act No. 2004-801 of 6 August 2004 on data processing, data files and individual liberties, FindMyGuides Limited has made a prior declaration to the National Commission on Data Protection (CNIL) under registration number 1208357 concerning the processing of any of your personal data, in accordance with simplified standard n°48 (CNIL deliberation n°2005-112 of 7 June 2005 creating a simplified standard for the automated processing of personal data relating to the management of customer and prospect files - OJ n°149 of 28 June 2005). The person responsible for processing your data is FindMyGuides Limited. In accordance with the provisions of Simplified Standard No. 48, only employees and service providers of FindMyGuides Limited, whose task is to operate the site or provide the service, have access to your personal data. The data indicated as mandatory in the form allowing you to become a user of the site and service require an exact answer from you. Any failure to respond or any response deemed abnormal by FindMyGuides Limited may result in FindMyGuides Limited refusing to consider your request to register for the service. The data collected by FindMyGuides Limited as part of the services provided on the Site are processed in accordance with the provisions of the simplified standard n°48 and the law " Computers and Liberties " of 6 August 2004.
In accordance with the provisions of the simplified standard n°48, FindMyGuides Limited reserves the right to transmit all or part of the personal data concerning Members in strict compliance with the simplified standard n°48 and the law " Computers and Liberties " of August 6, 2004. Any use of personal data other than that indicated above must be subject to the individual, prior and explicit consent of the Members.
Article 17 - Right of access, rectification and opposition
In accordance with the law n°78-17 of 6 January 1978, you have the right to access and rectify your personal data by contacting the webmaster of the Site, except for the personal data you have given to the FindMyGuides platform when you have completed your online membership form and that it is your sole responsibility to modify and update, as stated in Article VII.4 "Updating personal data". In accordance with law n°78-17 of 6 January 1978, you have the right to object, free of charge and without charge, to the use of your personal data for prospecting purposes, in particular for commercial purposes, by FindMyGuides Limited or its commercial partners. If your right to object is exercised for this reason directly with FindMyGuides Limited, the latter undertakes to pass on your objection to its contractual partners to whom it may have transmitted your personal data. In accordance with the law n°78-17 of 6 January 1978, FindMyGuides Limited undertakes that your personal data, even those transmitted to potential business partners, will not be transmitted outside the European Union, unless you have given your express prior consent to this effect. In accordance with law n°78-17 of 6 January 1978, FindMyGuides Limited reserves the right to transmit personal data concerning you, either to comply with a legal obligation or pursuant to a judicial or administrative decision or an independent administrative authority (such as the National Commission on Data Protection).
Article 18 - Updating and security of personal data
You undertake to ensure, as necessary, that your personal data is updated. You further undertake to ensure that the personal data concerning you are accurate, complete and unambiguous. You can access your User Account at any time by using your password and login on the site, which contains all the personal data you have provided to FindMyGuides. In accordance with law n°78-17 of 6 January 1978, FindMyGuides Limited undertakes to take all necessary precautions, with regard to the nature of the data and the risks presented by the processing, to preserve the security of your personal data and, in particular, to prevent your personal data from being deformed, damaged or accessed by unauthorized third parties.
Article 19 – Website Hosting
The host of the site mentioned in Article 1.1 "Scope and definitions" acts as a subcontractor of FindMyGuides SAS, within the meaning of Law No. 78-17 of 6 January 1978, only on written instructions from FindMyGuides SAS, and does not have the right to use the personal data of users to which it may have access, except for the purpose of performing technical services for hosting and database management and only under the contractual conditions signed between the host and FindMyGuides SAS which cannot depart from this article.
Article 20 - Intellectual property
All the medium used is the property of SAS FindMyGuides. Any reproduction, even partial, is subject to the prior written authorization of FindMyGuides SAS. Any hypertext link to a page other than the home page of the site is subject to the prior written authorization of SAS FindMyGuides. The visitor of the Site undertakes not to reproduce any of the elements of the Site. Any contrary use of all or part of the Site or any of its elements would constitute an infringement likely to lead to civil and/or criminal proceedings and expose the visitor to the penalties mentioned.
Article 21 - Partner websites
By accepting these T&Cs, you agree that the information provided at the time of registration may be published on other SAS FindMyGuides media. SAS FindMyGuides reserves the right to reproduce any information on the Site or on partner sites. In particular, advertisements published on one of the sites published or co-published by SAS FindMyGuides may be reproduced on other sites published or co-published by SAS FindMyGuides or third parties.
Article 22 - Disagreements and limitations
FindMyGuides Limited remains available to its Members through its customer service. This service is intended in particular to settle disputes relating to cancellations of Reservations. The dispute resolution service has no obligation of result to find a solution to disputes between its Members. If no solution is found to the dispute between the End User and the Guide, FindMyGuides Limited reserves the right to withhold the sums paid by the End User until an amicable agreement between the two parties or a final court decision is reached.
Any claim in connection with FindMyGuides Limited herewith shall be barred within one year. It is irrefutably presumed that the Guide or the end user waives a payment that has not been requested within one year. Unclaimed amounts are acquired from FindMyGuides Limited.