TERMS OF SERVICE
Prior note :
Any Seller wishing to file and publish an advertisement for the sale of a reservation must first ensure the possibility of assigning a third party this reservation. The Seller may put on sale on the Site only bookings of which he is actually a beneficiary. The sale of a reservation belonging to a third party is prohibited.
Last updated: 11/04/2019
The DILOTEL team thanks you for using our service and reminds you that the deposit of an ad is completely free.
The Platform makes it possible to connect Users wishing to sell or buy accommodation reservations such as hotel nights, bed and breakfasts, apart hotels or other non-cancellable and non-refundable accommodation.
For further information, the User is invited to visit the Platform.
ARTICLE 1. LEGAL IDENTIFICATION
The Platform is published by the company DILOTEL SAS - R.C.S. Bobigny 844 587 816 is domiciled 24 impasse Baron Saillard in Epinay-sur-Seine, exclusive owner of all intellectual property rights on the Platform.
ARTICLE 2. DEFINITIONS
"User Account" - means the account created by the User, from which the User accesses the Services of the Platform, in accordance with the License of Use described herein;
"Data" - User Data: means, in the context of the use of the Platform, all types of information, data, and content, collected, hosted and then processed and used by the company DILOTEL and which remain the entire property of the User;
- Personal Data: refers to all types of information, data and content collected and processed in connection with the use of the Services, hosted by the company DILOTEL SAS, which, according to the European regulation on the protection of personal data (RGPD) of May 25, 2018 relating to the protection of individuals with regard to the Processing of personal data and the free movement of such data, allow to designate or identify, directly or indirectly, a natural person;
«Platform» - Refers to all the web software bricks and servers that make up the DILOTEL Platform, developed and published by the company DILOTEL, which owns the exclusive property, allowing the User to access the Services, and accessible at the address https://dilotel.fr/ ;
"Services" - Refers to all services DILOTEL undertakes to provide to the User via the Platform;
"User" - means any individual who is at least 18 years of age who holds an Account and who logs into the Platform to buy or sell non-cancellable and non-refundable online bookings, to use the Services and thus benefiting from a license to use the Platform granted by DILOTEL SAS.
"Reservation" - Refers to any accommodation offered for resale on the Platform.
ARTICLE 3. ACCEPTANCE - CAUTION
These Terms are expressly agreed and accepted by the User at the time of registration on the platform, which declares and acknowledges having perfect knowledge.
In any case, any beginning in the use of the Services submits the User to these Terms. The User is therefore deemed to accept the entirety of the rules stipulated herein, as well as those which would be fixed in any document available on the Platform, incorporated into these Terms by reference and which govern its relationship with third parties and DILOTEL.
These Terms are enforceable throughout the life of the Platform and until new Terms and Conditions replace these.
The User also acknowledges having consulted the legal notices on the Platform prior to any use of the Services.
ARTICLE 4. EVIDENCE AGREEMENT
The User acknowledges that the recordings and backups (including any connection data) made on the https://dilotel.fr Platform (hereinafter the "Electronic Documents") will have full probative value between the User and the company DILOTEL SAS . Electronic Documents (including their date and time) will be valid between the parties in any dispute.
ARTICLE 5. UPDATES
The company DILOTEL reserves the right to modify these Terms and Conditions, depending on the technical evolution of the Platform or its service offerings, or because of the evolution of the legislation, in its sole discretion.
In general, the use of the Platform by the User is always subject to the most recent version of the Terms accessible to the User at the time of this use. It is up to the User to consult as often as necessary the Terms, accessible from the https://dilotel.fr Platform.
ARTICLE 6. VIOLATION
Any violation of these Terms authorizes the company DILOTEL SAS to deny for the future to the User author of the violation considered access to the Services, as well as to close any Account allowing access to the Services, without prejudice to allowances which may be claimed from the author of the said breach by DILOTEL.
In this regard, it is strictly forbidden to use the Services for the following purposes:
- the exercise of illegal, fraudulent activities or infringing the rights or security of the Third Parties,
- the breach of public order or the violation of laws and regulations in force,
- the intrusion into a third party's computer system or any activity likely to harm, control, interfere with, or intercept all or part of a third party's computer system, violating its integrity or security,
- the sending of unsolicited emails and / or prospecting or commercial solicitation,
- manipulations intended to improve the referencing of a third-party site,
- manipulations intended to undermine the image of the platform, - the aid or the encouragement, in any form and in any way whatsoever, to one or more of the acts and activities described above, - and more generally any practice diverting the Services for purposes other than those for which they were designed.
- Also strictly prohibited:
- any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services,
- any intrusion or attempted intrusion into the information systems of the Platform,
- any action likely to impose a disproportionate burden on the infrastructure of the Platform,
- Cualquier violación de las medidas de seguridad y autenticación.
ARTICLE 7. LICENCE
7.1. Scope of rights granted
The company DILOTEL SAS grants to the User, who accepts it, a non-exclusive, non-transferable and non-transferable license to use the Platform, for the duration of use of the Platform and in the territories of the world (hereinafter the "License") to allow the User to access the Services.
7.2. Restrictions of use
The User expressly prohibits any other act of use or exploitation of the Platform, and in particular:
- Make any copy of all or part of the software solutions that make up the Platform;
- Reproduce permanently or provisionally the Platform made available, in whole or in part, by any means and in any form, including when loading, posting, performing or storing the Platform;
- Practice reverse engineering, decompile or disassemble the Platform, the software program (s) and software solution (s), except as expressly permitted by applicable law;
- Modify, alter, adapt or make any changes of any kind to the presentation and content of the Platform, the software program (s) and software solution (s), brand, trade name, logos etc ... affixed on the Platform, its presentation, either not to remove the identification and ownership of the Platform, including the names of contributors;
- Translate, adapt, arrange or modify all or part of the Platform, export it, merge it with other computer applications;
- Rent, loan, use the software program (s) and software solution (s) making up the Platform for the purpose of sharing them or making them available to third parties who are not authorized users, in the time share or custom processing center;
- Publish, without the prior written consent of DILOTEL SAS, any test or analysis of performance or evaluation relating to the Platform.
In the event that the User intends to use the Platform to purposes other than those provided for herein, the latter will notify DILOTEL in writing that it may, in its sole discretion, refuse or authorize such exploitation in accordance with the terms and conditions it will define.
ARTICLE 8. USER ACCOUNT
You warrant that the data you provide to us is accurate and truthful. Any use of a false identity is criminally repressed. Article 226-4-1 of the Penal Code punishes "" the fact of usurping the identity of a third party or using one or more data of any kind to identify it for the purpose of disturbing his tranquility or that of others, or to undermine his honor or his consideration. " The penalties are € 15,000 fine and one year imprisonment. The second paragraph of this text states that "this offense is punishable by the same penalties when it is committed on a network of communication to the public online"
Otherwise, the payments linked to the payment of the ads could not be valid.
In order to access the Services, the User must authenticate himself, by following the registration process proposed on the Site.
The User must thus inform in good faith the information provided in the application form. registration of the User Account, in accordance with the procedure described on the Site.
This information is about:
- Last name First Name ;
- Pseudonym; E-mail adress ;
- The password he has chosen, which must be a minimum of eight (8) characters;
- Special status or company / association.
Once registered, the User may complete his profile by providing his city, country of residence, date of birth and / or banking information.
8.2. Responsibility for connection parameters
The User has the obligation to maintain the confidentiality of his connection parameters. As such, it is recalled that the user's login settings are strictly personal.
The User is responsible for all their uses, whether or not they have actually or expressly authorized. It is forbidden for the User to assign, lend or transfer his connection settings to any third party or allow any third party to connect to his Account.
8.3. Respect for the rights of third parties
The User agrees not to use a pseudonym or email address that could infringe the rights of third parties, including without this list is an infringement of an intellectual property right, a corporate name or a name patronymic.
ARTICLE 9. EQUIPMENT
The use and maintenance of all telephone, computer and other equipment necessary to access the Platform is the responsibility of the User who will bear the costs alone. DILOTEL SAS will not be held responsible for any damage to any equipment in connection with the use of the Platform.
ARTICLE 10. PROVISION OF SERVICES
10.1 Description of the Services
From his User Account, the User has access to the different Services of the Platform.
The User may in particular:
- publish an advertisement and resell its hotel reservation or other non-cancellable and non-refundable accommodation once it has verified the possibility of transferring a non-refundable reservation to a third party;
- buy a trip for sale on the Platform by another User.
10.2 Publishing an ad
Prior to the publication of his advertisement and the sale of his trip, the User agrees to:
- to be able to sell his accommodation,
- do not resell or attempt to resell non-transferable travel for nominative travel,
- check that the information provided corresponds strictly to the information of the trip referred to in the advertisement;
Ads are posted online until the day and time of the start of the trip. Nevertheless, the User may, before any pre-booking, modify or delete the publication of the advertisement directly via his user area in the "My ads" tab.
The seller can only resell his reservation once. If he accepts several requests for reservations, the resulting disputes will be his own responsibility.
The seller agrees to automatically delete his ad if it has been resold through another sales channel.
No request to modify or delete the announcement after a pre-booking can be satisfied.
10.3 Service fees
When a person or a company makes the purchase of a reservation on the marketplace DILOTEL, the amount of the actual sale is transferred to the account of the seller previously informed, reduced service fees (hereinafter " the service charge ") on the website.
The service fee is up to a fixed fee of 10% on each transaction, with no variable part. This amount is divided into 7% service charge and 3% banking management fee. These fees concern the verification of the conformity of the reservation, the processing, the management, the administrative procedures carried out with the accommodation establishment as well as the payment fees. These fees are deducted at the completion of the transaction on the date of online payment by the buyer.
Each user acknowledges having read specific conditions related to service fees.
ARTICLE 11. RULES OF ACCEPTABLE USE
11.1 General rules
Any message, announcement, information, comment, image, response, text posted by a User via the Platform (hereinafter collectively referred to as "Communications") must be written in the correct language.
All Communications exchanged via the Platform must respect the present rules of use, and in particular:
- Respect the legislation in force, - Do not infringe the privacy of others, - Do not hold unlawful remarks, in particular violent, abusive, defamatory, racist, revisionist, advocating war crimes, child pornography, incitement to murder, suicide, discrimination or hatred, - Do not reproduce, represent or broadcast a work of which the content would reproduce without permission a work protected by intellectual property, - Do not include messages encouraging proselytizing and displaying the religious beliefs and / or political eur, - Do not use the Platform for commercial or advertising purposes only.
User therefore agrees to adopt a respectful attitude vis-à-vis other Users.
Communications that do not respect these rules may be removed by the company DILOTEL SAS, according to the moderation procedure described in Article 11.4 hereof.
11.2 Rights and Duties of the User
The User is responsible for his comments on the Platform. In this context, the User is reminded that his Communications are intended to be published publicly, under his responsibility. Therefore, the User is informed that the information he wishes to keep private or confidential must not be issued on the Platform.
Furthermore, the reproduction, distribution or any other act of use or exploitation, whatever the medium or the nature, for commercial purposes or not (except settlement of disputes), the Communications of the User, are subject to the express prior agreement of the latter.
11.3 Responsibility of DILOTEL SAS
The DILOTEL SAS company does not intend to guarantee the accuracy of the Communications posted via its Platform, nor to endorse the opinions that may appear, the remarks being only the expression of the thought of each User.
The User is the only author of the published content.
11.4 Moderation of Communications
The company DILOTEL provides a moderation a priori. The moderation of Communications posted via the Platform consists in verifying, before their posting, that the comments made by the Users are in conformity with the laws and regulations in force as well as the rules enacted herein.
DILOTEL SAS may therefore modify or delete all or part of the request to publish a Communication from a User via the Platform.
The company DILOTEL thus reserves the discretionary right to remove any Communication which does not respect the present ones, and in particular those which do not respect the principles posed in 11.1 of this Article.
ARTICLE 12. PERSONAL DATA
The company DILOTEL undertakes that the personal data of the User are collected and processed in accordance with the European regulations on the protection of personal data with regard to the processing of personal data and to the free movement of such data, and any legislation made pursuant to this Regulation.
12.1 Collection of Personal Data
The personal data that are collected on the Platform are the following: - names, first names of the User - email address of the User - IP address, login details of the User - login and password of the User.
DILOTEL may collect personal data, particularly when the User / Client:
- place an order for Products on the Site;
- send DILOTEL an e-mail via the "contact us" section;
- subscribes to the DILOTEL Newsletter;
- register for a quiz, poll, etc ...
This personal data is subject to a data processing intended exclusively for DILOTEL and can be used as follows:
- statistical studies
- customer relationship tracking
- order management and processing
Payment data is securely processed by our payment provider, STRIPE. DILOTEL does not store any payment information.
12.2 Identity and contact details of the controller
The head of treatment is Benoist Touron, practicing as General Manager of the company DILOTEL SAS, under the number of Siren 844 587 816, domiciled 24 Baron Saillard impasse - 93800 Epinay-sur-Seine.
12.3 Use of Personal Data
The personal data collected is intended to provide the services of the Platform, improve them and maintain a secure environment. Specifically, the uses are:
- Access and use of the Platform by the User;
- Management of operation and optimization of the Platform;
- Verification, identification and authentication of the data transmitted by the User;
- Prevention and detection of fraud, malware and security incident management;
- Management of any disputes with the User.
12.4 Sharing personal data with third parties
Personal data may be shared with third-party companies in the following cases:
- When the User authorizes the website of a third party to access his Personal Data;
- When the Platform uses the services of third-party providers, provided that they act in accordance with the provisions of the applicable rules on the protection of personal data;
- To meet legal and regulatory obligations and to comply with administrative and judicial procedures;
- In the context of a merger, acquisition, asset transfer or judicial reorganization proceeding causing DILOTEL to sell or share all or part of its assets, including personal data.
In this case, the User will be informed, before the personal data are transferred to a third party.
12.5 Data Retention
Personal data are stored by DILOTEL SAS for a period limited to two years in relation to the purpose of the processing and the limitation periods. This retention period runs from the last activity of the User on his account. However, the User is entitled to request the deletion of his personal data at any time by sending an email to the following address: firstname.lastname@example.org.
12.6 Security and privacy
DILOTEL Corporation implements organizational, technical, software and physical security measures to protect personal data against unauthorized alteration, destruction and access. However, it should be noted that the Internet is not a completely secure environment and that the Platform can not guarantee the security of the transmission or storage of information on the Internet.
In case of violation of personal data, DILOTEL will notify the incident to the National Commission for Informatics and Freedoms (CNIL) as soon as possible and, if possible, 72 hours at the latest to have read it, unless the violation in question is not likely to create a risk for the rights and freedoms of natural persons.
12.7 Implementing the rights of data subjects
In application of the applicable regulations, the User has the following rights, which he can exercise by writing to the following email address: ( contact @ dilotel .com ).
- right of access (article 15 RGPD and articles 39 and 70-19 law Informatique et Libertés), to know the personal data concerning him;
- right to update or rectify (Article 16 GDPR, Articles 40 I and 70-20 Data Protection Act) data concerning him, either by logging into his account and by configuring the parameters of this account; by requesting the update of his personal data;
- right of cancellation (article 17 GDPR, articles 40 II and 70-20 law Informatique et Libertés) of his personal data when they are inaccurate, incomplete, equivocal, outdated, or whose collection, the use, disclosure or retention is prohibited in accordance with applicable data protection laws.
- right to withdraw consent at any time (article 13-2c RGPD)
- right to the limitation of the processing of his data (article 18 RGPD, article 70-20 law Informatique et Libertés)
- right to oppose the processing of his data (article 21 RGPD and article 38 law Informatique et Libertés)
- right to the portability of its data, when these data are subject to automated processing based on its consent or on a contract (article 20 RGPD)
Before the implementation of any of these data rights, the company DILOTEL may request proof of the identity of the User to verify the accuracy.
In case of difficulty in the exercise of his rights, the User can lodge a complaint with the CNIL, online at the address https://www.cnil.fr/fr/plaintes or by post to the following address: CNIL - 3 Place Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07.
12.8 Evolution of this clause
ARTICLE 13. COOKIES
The cookie or cookie is a file saved on the hard disk of the User's computer, his smartphone or any other terminal, containing information about his browsing. The User is informed that during his visits to the Platform, a cookie may be installed automatically on his browser.
The installation of certain cookies when they are not exclusively intended to allow or facilitate the communication electronically or when they are not strictly necessary for the provision of an online communication service at the request of the User, are subject to the consent of the User.
For this the user can follow the links referenced below:
- Safari: https://support.apple.com/en -gu / guide / safari / sfri11471 / mac
It is nevertheless specified that their deactivation could prevent the user from accessing certain functionalities of the Platform.
Cookies are stored in the Browser of the User for a maximum duration of thirteen (13) months after their first deposit in the terminal equipment.
ARTICLE 14. INTELLECTUAL PROPERTY
14.1 Respect for intellectual property rights
All graphic elements such as information, texts, images, copyrights, trademarks, photographs, videos, sounds, logos, as well as any computer applications distributed by DILOTEL on the DILOTEL Platform are protected. by the laws in force for intellectual property. They can not in any case be used, reproduced, imitated or adapted without the prior written authorization of DILOTEL.
The company DILOTEL holds the right to use the domain name: dilotel.fr.
Failing to comply with these provisions, the User is liable for the company DILOTEL to initiate civil and / or criminal proceedings against him on the basis of counterfeiting.
In addition to what is stated herein, the User acknowledges and agrees that access to the Platform may not imply any assignment or grant of intellectual property rights for its benefit.
14.2 Copyright Compliance
- Copyright © - Links (belonging to the company DILOTEL or its partners)
The Platform respects the copyright, as well as the neighboring rights (hereinafter the "Copyright"). All Copyrights of protected works reproduced and communicated on the Platform are reserved for the whole world. Except authorization, any use of the works other than the reproduction and the individual and private consultation are prohibited.
Reproduction on paper support: The reproduction (printing) of the pages of the Platform on a paper medium is authorized for a strictly private use and not commercial.
Reproduction on electronic support: Reproduction of all or part of the Platform on an electronic medium is forbidden.
ARTICLE 15. NOTIFICATION
All the notices and notices provided for in these Terms and Conditions must be sent to the address indicated at the top of this document regarding the DILOTEL company, and to the email address provided by the User when registering for the Platform, regularly updated as necessary, in accordance with the requirements of the present.
All notifications made pursuant to the present will be validly made and will be considered as received under the following conditions: - e-mail - on the day of sending - registered letter AR - the day after the date stamped on the acknowledgment of receipt.
ARTICLE 16. Litigation and Jurisdiction
These Terms are subject to French law.
In the absence of amicable resolution, all disputes relating to this Agreement will be brought to the attention of the competent courts.