NOKNOK GENERAL TERMS AND CONDITIONS OF SALE AND USE OF THE PLATFORM

1. Definitions

Ad: designates the Advertisement (Ad) published on the Platform by NokNok on behalf of the Host for the purpose of providing a Service.

Beneficiary: refers individually and/or collectively to the Consumer Beneficiary or Intermediaries wishing to book an Event with a Host on the Platform on behalf of Participants.

Consumer Beneficiary: refers to an individual or legal entity acting for strictly personal purposes and having the status of a consumer within the meaning of the French Consumer Code, wishing to book an Event with a Host on the Platform on behalf of Participants.

Order Form: refers to the electronic document detailing the essential elements of the Event, including in particular the date and time, information relating to the Host (address of the Residence, details of the activities proposed by the Host, etc.) and to the Beneficiaries (identity of the group leader, age category and number of Participants, diet, allergies, health problems of the Participants, etc.) who have booked the Event with the Host, as well as the total amount of the Event price. The Order Form is sent to the Beneficiary once he/she has paid in full for a Benefit with a Host via the Platform.

GTCs: these general terms and conditions of sale and use of the Platform.

Account: refers to the Beneficiary's personal space on the Platform, to which he/she has access by entering a login and password, and which enables the Beneficiary to benefit from the Services.

NokNok: Oscar tours SAS with a capital of 7,500 euros, registered with the RCS Lille-Metropole under number 821 216 710, headquartered at 129 rue de l'escalette 59420 Mouvaux, France. Contact e-mail address: hello@noknoklocal.com Telephone number: +33 3 59 51 41 17.

Participants: natural persons acting for strictly personal purposes, having the status of consumer within the meaning of the French Consumer Code and benefiting from a Service provided by a Host.

Party(ies): refers individually and/or collectively to the Beneficiary and NokNok.

Service: refers to a service requested by a Beneficiary via a Request, performed by a Host, the details of which appear on the Order Form.

Host: natural person offering and performing Services, in the context of a non-professional activity, and registered as such on the Platform.

Intermediaries: refers to travel agencies, concierge companies, online tourism platforms or any legal or natural persons operating for professional purposes whose role is to book one or more Services with a Host on behalf of Participants.

Platform: refers to the functional and organizational structure set up by NokNok to put Hosts and Beneficiaries in contact with each other, available on the Internet via the following URL link www.noknoklocal.com and https://www.noknok.cool/.

Services: connection services between Hosts and Beneficiaries offered by NokNok via the Platform in order to book an Event.

Site: refers to NokNok's website available on the Internet via the following URL link: https://www.noknoklocal.com https://www.noknok.cool/

2. Object: 

The purpose of the GTCs is to define the conditions under which a Beneficiary may reserve a Service on the Platform in return for payment of a price. NokNok reserves the right to modify the GTCs without prior notice and at any time. The applicable version of the GTCs is the one in force at the date of the reservation of a Service and this version remains applicable for the necessary duration of the Service. NokNok will then notify the Beneficiary of the modifications and communicate the modified GTCs. Any modification will take effect within fifteen (15) days of the notification sent to the Beneficiary. It is the Customer's responsibility to read the modified Terms and Conditions. The Beneficiary may refuse these modifications by deleting his or her Account before the expiry of the aforementioned notice period. If the Account is not deleted, the Beneficiary will be deemed to have accepted the modified GTCs.The Platform will not tolerate the provisions of the GTCs being in any way interpreted as a waiver by NokNok of its right to invoke said provisions at a later date.If any provision of the GTCs is or becomes invalid pursuant to any law, regulation or final decision of a competent court, it shall be deemed unwritten without affecting the validity of the other provisions of the GTCs.

3. Contractual documents

The contractual relationship between the Parties is governed by the following documents: The present GTCs; The Purchase Order.In the event of any contradiction between the various contractual documents, the provisions of these GTCs shall prevail over those relating to the Purchase Order.

4. How to register on the Platform and for Services 

The Platform offers an intermediation service to bring together Beneficiaries who wish to live and/or have Participants live a typical experience in a Host's home, in exchange for the payment of a price. The creation of an Account on the Platform implies acceptance of the GTCs and is necessary in order to benefit from the Services and access the Platform. When creating an account, the Beneficiaries agree to provide NokNok with accurate information in good faith. In order to create an Account on the Platform, the Intermediary must have the following prerequisites:SIREN number or equivalent for foreign customers; An appropriate insurance policy with a reputable and recognized company; French intermediaries must be registered with Atout France; Intermediaries must register with a professional e-mail address linked to the company and/or individual wishing to book. Any application that is incomplete or contains false or missing information may be refused by NokNok. In particular, registration under a false name or denomination, identity theft and registration with false contact details are strictly prohibited.Intermediaries must be able to justify to NokNok or any authorized third party as soon as possible that they have complied with the aforementioned obligations and in particular that they have complied with the legal requirements applicable to the exercise of their activity. Intermediaries undertake to provide NokNok or any authorized third party with any information or supporting documents that NokNok may require to comply with its own legal obligations, in particular tax obligations, upon first request. This request for supporting documents may be made as soon as the Intermediary submits its request to create an Account. In the absence of justification or in the event of non-compliance with the aforementioned commitments, NokNok may refuse to create the Account, suspend or delete the Intermediary's Account. The Intermediaries guarantee NokNok against any claim that a third party may raise in the event of non-compliance with the obligations arising from the present article.For Consumer Beneficiaries, no prerequisites are required to create an account.

5. Access to Services - Beneficiary Account

5.1 Account access

To access his or her Account, the Beneficiary must log in using the username and password created when the Account was opened. The Beneficiary's Account is purely personal. Consequently, the Beneficiary undertakes to use it personally and never to allow a third party to use it in his/her place or on his/her behalf, unless he/she assumes full responsibility. User IDs and passwords are the sole responsibility of the Beneficiary. The Beneficiary is responsible for taking all necessary measures to guarantee their security and confidentiality. The Beneficiary is therefore solely responsible for the consequences of their loss, misappropriation or fraudulent use.In such cases, the Beneficiary undertakes to immediately inform NokNok, who will then be free to take all appropriate measures to restore the integrity and confidentiality of the Account.

5.2. Rules governing use of the Platform

When using the Platform, and in particular when communicating with Hosts or when the Beneficiary leaves an evaluation following a Service, the Beneficiary undertakes to :use the Platform in accordance with public order and morality, and in a manner that is not abusive or illicit;not to use any means that would result in damaging the Platform, compromising its access, limiting its peaceful use by another user of the Platform, or a third party;not to harm in any way whatsoever the image of the Platform, NokNok, a Host or another Beneficiary and/or any brand associated with the Platform;not to use the Platform to threaten, harass, stalk, abuse and generally infringe in any way whatsoever the rights of NokNok, another Beneficiary, a Host or a third party;not to use and/or exploit the electronic and/or postal contact details of a Host or any other Beneficiary of the Platform for the purpose of sending mass e-mail solicitations and to engage in "spamming" practices; not to intercept or attempt to intercept personal data belonging to third parties;not to monetize, sell or grant to third parties all or part of the access to the Services or to the Platform, as well as to the information hosted and/or shared therein;not to publish or share any information or content likely to be qualified as defamation, insult, disparagement, discrimination and/or illegal;not to give access via hypertext links to Internet sites whose content is contrary to the regulations in force or to sites competing with NokNok.Intermediaries must be able to justify to NokNok or any authorized third party as soon as possible that they have complied with the aforementioned obligations and in particular that they have complied with the legal requirements applicable to the exercise of their activity. Intermediaries undertake to provide NokNok or any authorized third party with any information or supporting documents that NokNok may require to comply with its own legal obligations, in particular tax obligations, upon first request. This request for supporting documents may be made as soon as the Intermediary submits its request to create an Account. In the absence of justification or in the event of non-compliance with the aforementioned commitments, NokNok may refuse to create the Account, suspend or delete the Intermediary's Account.(sites whose purpose is to put private individuals in contact with each other for the purpose of providing a service) or which would damage the brand image or reputation of NokNok;not to deactivate, alter, disassemble, decompile or reverse engineer the Platform and/or any part thereof.

6. How to book and cancel a Service 

6.1. How to book a Service

On the Platform, the Beneficiary can book one or more Services, on his/her own behalf or on behalf of a Participant, by selecting a Host and the desired available slot. In particular, the Beneficiary must enter the number, age category, allergies, dietary habits and/or diets of the Participants. If the Beneficiary wishes to book an Event on a date indicated as "unavailable", he/she may contact NokNok by e-mail who will do their best to check if there are any slots available on that date. The Beneficiary acknowledges and accepts that the capacity of Participants may vary depending on the Hosts, and that this will be specified in the Advertisement. Consequently, the Beneficiary may reserve an Event for a minimum of two (2) Participants and a maximum of six (6) Participants. No reservation of an Event at a Host will be possible for a single (1) Participant or for a number greater than six (6) Participants, unless otherwise indicated on the Platform. In the case of an Event indicated as "available" by the Host in its Advertisement, the reservation of the Event will be considered confirmed (i) after full payment of the Event and (ii) as of the sending of the Order Form by NokNok to the Beneficiary.

6.2. Financial terms of Services

For each reservation of an Event booked through the Platform, the Beneficiary agrees to pay the price of the Event indicated on the Advertisement. The price of the Event will depend in particular on the number and age category of the Participants. The price of the Service does not include the cost of transport to the Guest's home, which is the responsibility of the Beneficiary. Unless otherwise stipulated, prices are quoted in euros, inclusive of all taxes. The Beneficiary will pay for the Service on the Platform. Payment of the price via the Platform shall be made using the payment method offered by Stripe, a third-party payment service provider, in accordance with their terms of use in force at the date of payment and available on the payment page. Stripe's terms of use in force at the time of writing are available at the following URL: https://stripe.com/fr/legal/consumer. In the case of Intermediaries, NokNok reserves the right, at its own discretion, to offer discounts or rebates on the price of Services.

6.3. Cancellation conditions

- Penalties

In the event of cancellation of a Service by a Beneficiary within forty-eight (48) hours before the scheduled time of the Service, NokNok will retain 30% of the price (excluding tax) paid by the Beneficiary for the Service. NokNok will reimburse 70% of the price of the cancelled reservation within ten (10) days of the cancellation. In the event that a Beneficiary cancels a Service less than forty-eight (48) hours before the scheduled time of the Service or in the event that the Participants do not show up at the scheduled date and time, NokNok will retain the full price paid by the Beneficiary for the Service. In the event of repeated cancellations by a Beneficiary, NokNok reserves the right to suspend or delete the Beneficiary's Account. In the event of cancellation of an Event by a Host or in the event of the Host's absence, NokNok undertakes to refund the full price of the Event to the Beneficiary and to offer other available slots or services as a replacement.

7. Obligations of the Parties 

7.1. Obligations of the Beneficiaries

When booking an Event with a Host, the Beneficiary undertakes to provide all the information required, including the number and age category of Participants, any allergies, dietary habits or diets and/or any health problems of the Participants. In particular, the Beneficiary undertakes to ensure that the Participants: arrive at the Host's premises at the time and date specified in the Order Form; behave in a respectful and irreproachable manner towards the Host and all members of his household; comply with all instructions and/or directions given by the Host for the proper performance of the Event;leave the site at the time indicated on the Order Form; adopt a positive, open-minded and curious attitude.

7.2. NokNok Bonds

NokNok undertakes that the Hosts : perform the Service in accordance with the provisions of the Purchase Order; contact NokNok in case of questions or problems before, during and after the Services; welcome and accompany Participants in English, if French is not sufficiently spoken by the Participants; offer to show the Participants the inside and outside of their Home (the Host may choose not to show their bedrooms);have a positive, pro-active attitude, based on exchange and the desire to share,provide as much information as possible (about the house and the locality, culture, environment, traditions, local products, the meal served, flora and fauna, anecdotes...);offer an aperitif with a side dish, a local meal typical of the region/village, or French if appropriate, a dessert and a coffee. Cheese is optional. Bread required;serve two (2) glasses per adult Participant, unless otherwise specified on the Order Form;be tolerant and accommodating of any setbacks (late arrivals or departures, difficult visitors...);avoid receiving non-resident family members/friends/neighbours during the Event, unless they contribute to the quality of the experience (special skills or knowledge, specific languages spoken, activities offered...)carry out with Participants all the activities listed on their description sheet published on the Site; andrespect the different customs and/or cultures of the Participants.

8. Platform management

For the proper management of the Platform, NokNok may at any time : suspend, interrupt or limit access to all or part of the Platform, restrict access to the Platform, or to certain parts of the Platform, or to a specific category of Beneficiary;delete any information that could disrupt its operation or contravene national or international laws;suspend the Platform in order to carry out updates.

9. Liability

9.1. General

NokNok will bear the consequences of damages directly attributable to it in the context of the execution of the present contract under the conditions of common law.However, NokNok cannot be held responsible in the event of an act of the Host or Participant, particularly during the performance of the Event, or in general of any Participants at an Event, or in the event of force majeure, as defined by article 1218 of the French Civil Code and by the jurisprudence of the courts.

9.2. Responsibility of the Beneficiary and Participants

The Beneficiary and the Participants shall bear the consequences of any damage directly attributable to them in the performance of the present contract under the conditions of common law. In the event that NokNok becomes aware of a breach by the Beneficiary and/or Participants of any of their obligations under these GTCs, NokNok reserves the right to suspend all or part of the Beneficiary's Account or to delete it, depending on the seriousness of the facts, without prior notice, information or notification. The Beneficiary and the Participants shall not be entitled to claim any compensation in this respect. In the event that NokNok is held liable due to an action or omission by the Beneficiary and/or Participant, the latter must guarantee and indemnify NokNok for all resulting financial consequences, in addition to any damages that may be claimed by NokNok.

9.3. Relations between the Host and the Participants

NokNok can in no way be held responsible for any material damage (loss, theft, deterioration of equipment, personal belongings) or bodily injury caused to the Participant by another Participant at the Event, the Host or to one of the members of his/her household, or by a third party to NokNok in the context of the Event. Neither NokNok nor the Host can be held responsible for the absence or misinformation concerning the diet, allergies and/or health problems of the Participants and for any resulting damages.

9.4. Limitation of liability for illness

NokNok is unable to guarantee to the Beneficiary and/or the Participants the elimination of the risks of contamination by Covid-19 or by any other disease during the Service at a Host's, which the Beneficiary expressly accepts. Given the random nature of the propagation and contamination of Covid-19 or any other disease or virus, NokNok cannot be held responsible in the event of contamination of the Beneficiary and/or a Participant by the Covid-19 virus or by any other disease that may have occurred during the Service. In the event of contamination of the Beneficiary and/or one or more Participants, all costs (medical, accommodation etc...) such as tests, hospitalization, repatriation, medical treatment, extension of stay etc... or any other costs borne by the Beneficiary and/or the Participant will remain entirely at the expense of the person concerned or that of the person's insurance company, as the case may be. NokNok cannot assume any responsibility in this context.

9.5. On the availability of the Platform

NokNok undertakes to use its best efforts to ensure that the Platform is accessible and available to Beneficiaries at all times. However, it cannot be held liable:if the Platform is unavailable for any reason whatsoever;when the Platform proves incompatible or malfunctions with certain software, configurations, operating systems or equipment of the Beneficiary; in the event of loss or damage to documents, content and data present or transmitted via the platform.The Beneficiary declares that he/she is fully aware of the hazards of the Internet, its characteristics and limitations, and acknowledges and is aware of the following in particular:the possibility of suspension or impossibility of access to the Platform;that data transmission over the Internet is relatively unreliable, and may be subject to saturation at certain times of the day;that data circulating on the Internet is not protected against possible misappropriation;that despite all the security measures implemented by NokNok, the Platform may be subject to intrusion by unauthorized third parties and attacks of any nature whatsoever.NokNok cannot be held responsible for this. The equipment used by the Customer to connect to the Platform is the Customer's sole responsibility. In this respect, the Customer must take all appropriate measures to protect his or her own equipment and data, in particular from viral attacks via the Internet. NokNok cannot be held responsible for hypertext links present on the Platform giving access to other Internet sites that they do not control. NokNok is not responsible for the content or availability of these sites.

9.6. Illegal content

NokNok is a hosting company as defined by Directive 2000/31/EC of June 8, 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market. NokNok is therefore not necessarily aware of the content posted by users on the Platform and does not moderate, select, verify or control it in any way. Consequently, NokNok cannot be held responsible for the aforementioned content, and any complaints should be directed in the first instance to the author of the content in question. NokNok may be notified of content detrimental to a third party in accordance with article 6, I, 5 of law no. 2004-575 of June 21, 2004 for building confidence in the digital economy. NokNok reserves the right to take any measures required by the applicable regulations.

10. No direct solicitation of guests 

The Beneficiaries expressly forbid themselves from bypassing the Platform and contacting Hosts directly in order to offer to book for them one or more Services (or any other similar services or services of the same nature) without going through NokNok. In particular, Intermediaries expressly forbid themselves from proposing to Hosts that they be referred directly to their Customers without going through NokNok.

11. Intellectual property

11.1. Platform ownership

The Platform in its entirety, as well as the elements that make it up independently, in particular programs and specific developments, are the property of NokNok. All texts, still or animated images, logos, company names, trademarks and distinctive signs, sounds, graphics, files and data integrated into the Platform by NokNok are strictly protected under intellectualproperty law (hereinafter the "Elements"). In this respect, any use for any purpose whatsoever, reproduction or representation of the Platform or of all or part of these Elements is strictly prohibited, unless expressly authorized by the owners.Any unauthorized use or exploitation of the aforementioned Elements is likely to constitute an infringement of the intellectual property rights of the holder of the rights concerned and to engage the liability of the author of the infringement. Only a personal, non-exclusive, non-assignable and non-transferable right to use the Platform is granted to the Beneficiary for the duration of the relationship created with NokNok and under the conditions set out in the GTCs.Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these Elements without the prior written consent of their owner, is strictly prohibited. NokNok's failure to take legal action as soon as it becomes aware of such unauthorized use does not constitute acceptance of said use and any waiver of legal action.The GTCs and any use of the Platform do not imply any transfer of any kind of intellectual property rights on all or part of the Platform or the content of the Platform.

11.2. Ownership of content put online by the Beneficiary

If the Beneficiary puts elements online that are protected by copyright or any other intellectual or industrial property right, the Beneficiary declares that he/she holds the required rights and authorisations and guarantees NokNok against any recourse by third party rights holders.

11.3. DatabaseThe Beneficiaries acknowledge that the Platform and Services consist of one or more databases made available by NokNok in its capacity as producer of said databases within the meaning of the provisions of articles L.341-1 et seq. of the French Intellectual Property Code.Consequently, any extraction and/or reuse of the database(s) within the meaning of Articles L.342-1 and L.342-2 of the French Intellectual Property Code is prohibited.

12. Force Majeure

Neither of the Parties shall be held liable if the performance of a Service or the Contract in general is delayed or prevented due to force majeure, as defined by article 1218 of the French Civil Code and by the courts. The Party affected by a case of force majeure shall immediately notify the other Party in writing, providing all necessary justification. The other Party reserves the right to verify and check the reality of the facts.Upon notification of force majeure, the Parties will enter into discussions with a view to adopting appropriate measures in the light of the circumstances.If they are unable to reach agreement, the Party to which the case of force majeure is asserted may immediately and automatically terminate all or part of the Contract without compensation.

13. Insurance

The Beneficiary declares that it is insured, in particular for professional civil liability, for all missions and obligations arising from the Service, with a reputable and solvent company, and undertakes to keep all insurance policies up to date, to cover all material and/or immaterial damage. The Beneficiary guarantees that the Participants are also personally insured to cover all material and/or immaterial damages that may occur to third parties and to the Participants in connection with the Event. NokNok and/or the Host cannot be held responsible for the failure of Participants to comply with this obligation.

14. Personal data

Each of the parties undertakes to comply with the provisions arising from European General Regulation No. 2016/679 on the protection of personal data (hereinafter the "GDPR"), to make all declarations and obtain the consent and authorizations necessary for the collection and processing of personal data and to respect and ensure that its employees respect the confidentiality and security of personal data that may be collected and processed by them in the performance of the present.

14.1. Data processing by NokNok

Within the framework of the contractual relations that may be created between the Parties, NokNok may collect and process the personal data of the group manager, the personnel and/or the legal representative of the Beneficiary. The data collected includes identity and contact data.The processing of this data is necessary for the management and execution of the contractual relationship with the Beneficiary and is therefore based on its legitimate interest. This data may be communicated to NokNok's employees and any partners in charge of executing, processing and managing the relationship with the Beneficiary. Some personal data may be transferred outside the European Union to certain third-party service providers. NokNok has taken the necessary contractual and technical measures to ensure the compliance of data processing within the GDPR by said service providers. Data subjects have the right to access, rectify, erase, limit or object to the processing of information concerning them, by sending a letter to NokNok's head office. Data is kept for the duration of the contractual relationship between the parties, plus the period required by law. The Beneficiary undertakes to bring this information to the attention of the persons concerned by the present processing.

14.2. Data processing by the Beneficiary

The Beneficiary undertakes to carry out all processing of personal data that it is required to carry out in relation to the use of the Service in strict compliance with legal provisions, in particular the GDPR.

15. Assistance 

For any information of a technical nature or relating to the operation of the Platform, the Beneficiary is invited to refer to the "Contact" section and/or to send a complaint to the contact details given in article 1 of the GTCs.

16. Applicable law and jurisdiction

16.1. Applicable law

The GTCs are governed by French law.

16.2. Jurisdiction in the event of a dispute between NokNok and the Intermediary

For any dispute that may arise between NokNok and an Intermediary concerning the existence, interpretation or execution of the GTCs, prior to any legal proceedings, the Parties agree to attempt to resolve the dispute amicably.In the event of failure to reach an amicable settlement, any dispute relating to the formation, interpretation, validity or performance of the present contract or its consequences shall be submitted to the competent court within the jurisdiction of the Paris Court of Appeal.

16.3. Jurisdiction in the event of a dispute between NokNok and the Consumer-Beneficiary

For any dispute that may arise between NokNok and the Consumer-Beneficiary concerning the existence, interpretation or execution of these GTCs , prior to any legal proceedings, the Parties agree to attempt to resolve the dispute amicably.For any complaint relating to the Service, the Consumer Customer may send a letter to NokNok, stating the difficulties and/or shortcomings observed at the address mentioned in article 1. In the event of a response deemed unsatisfactory by the Consumer Buyer or in the absence of a response within fifteen (15) days of receipt of the complaint, the Consumer Buyer may request the services of the mediator free of charge by completing the form provided for this purpose on the website [______] or by post addressed to [______]. The Consumer Buyer must specify the subject of his request and attach the documents on which it is based. Upon receipt, the mediator will notify the Parties of the referral by e-mail or regular mail.Within the framework of this mediation, the Consumer Buyer may be assisted by any person of his or her choice, or be represented by a lawyer at his or her own expense. Each Party may also request the opinion of an expert, at its own expense. In the event of a joint request for expert advice, the costs will be shared equally between NokNok and the Consumer Buyer. The mediation shall be concluded within ninety (90) days from the date of notification by the mediator of his referral. The Parties are free to accept or refuse the mediator's proposal.In any case, recourse to mediation is not compulsory. On the other hand, if the Consumer Beneficiary wishes to request the services of the mediator, he/she must first send a complaint to NokNok. The Consumer-Beneficiary can also consult the online dispute resolution platform on this website: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR

In the event that the Consumer Buyer does not wish to refer the matter to the mediator, or that one of the Parties refuses the mediation proposal, or if no amicable agreement is reached, the Parties are free to initiate proceedings before the competent court. If amicable resolution fails, the dispute will be settled by the competent court.