GENERAL TERMS OF USE

Last updated: August 4, 2023

Article 1. Definitions

In addition to the terms and expressions defined elsewhere in these general terms of use, the terms and expressions specified below shall have, for their application and interpretation, the meaning assigned to them below, unless expressly stated otherwise.

Professional Needs

refers to the needs of the Client's commercial, industrial, artisanal, liberal, or agricultural activity.

General terms of use

refers to these general terms of use of the Website, including its preamble and any annexes.

Client

refers to the client company as mentioned at the top of this document, acting in its own name and on its behalf to order Business Travel Services for the benefit of the Participants.

Account

refers to the personal space created on the Website by the Client using the Credentials, allowing them to make Booking Requests.

Contract

refers to the Agreement with the Application Contracts concluded between the Parties.

Application Contract

refers to the quote signed by the Parties for the Business Travel Services, which constitutes the Commercial Proposal and specifies the rates, booking, and invoicing terms of the Service, as well as the Partners' proposal materialized by the Partners' general service conditions.

Agreement

refers to this general agreement for Business Travel and its annexes concluded between the Client and Naboo, establishing the general characteristics of the Business Travel Services to be provided by the Partners and the terms to be specified in the Application Contracts for the Business Travel Services.

Booking Request

refers to the Client's request to book a Business Travel Service from Partners through Naboo, with terms to be defined or confirmed between the Parties.

Commercial Proposal

refers to the commercial proposal for Business Travel Services, represented by a quote sent by Naboo to the Client, which, once signed by the Client, constitutes the Application Contract of the Agreement.

Service Fees

Refers to the fees paid for the Service provided by Naboo to the Client.

Credentials

refers to the email address and password chosen by the Client to log in to their Account.

Naboo

refers to WOME STAY as mentioned at the top of this document, providing Business Travel Services to the Client on behalf of the Partners through the Service.

Partner(s)

refers to the partners on behalf of whom Naboo offers and concludes the Application Contracts governing the Business Travel Services.

Participant(s)

refers to the individual(s) participating in the Business Travel(s) for whom the Partners provide the said Business Travel Services under the Contract concluded between the Parties. Participants may include, in particular, employees of the Client.

Business Travel Services

refers to the Business Travel Services offered to the Client, including accommodation, catering, activities, and transportation, with the Client free to choose one or more of these services.

Reservation

refers to the order of one or more Business Travel Services formalized by an Application Contract.

Service

refers to the Business Travel Services offered on the Website by Naboo on behalf of the Partners.

Website

refers to Naboo's website located at the following address: https://www.naboo.app/

Article 2. General Information – Contact

The legal notices of the website can be viewed at the following address: https://www.naboo.app/confidentialite.

For any questions, the Client can use the chat available on the Site or the phone number and email address displayed on the Site.

Article 3. Purpose of T&Cs

These T&Cs aim to govern the conditions and modalities of using the Site, particularly the conditions under which the Client makes Reservation Requests.

Article 4. Acceptance of the General terms of use

The Client declares having read and accepted these General terms of use by checking the box provided for this purpose during registration. They acknowledge having had the possibility to save and/or print these General terms of use from the Website.

Article 5. Duration of the General terms of use

These General terms of use are in effect between the Parties from their acceptance by the Client and remain in effect as long as the Client has an Account on the Website.

Article 6. Modification of T&Cs

Naboo reserves the right to partially or completely modify these T&Cs, provided it informs the Client within a reasonable timeframe.

Article 7. Service and Business Travel Services Description

7.1. Service Description

Naboo offers an online reservation service for Business Travel Services allowing the Client to book Business Travel Services with Partners via the Site.

In this context, Naboo offers various Business Travel Services on behalf of and for the benefit of the Partners, including accommodation, transport, catering services, and activities, with the Client being free to choose one or more Business Travel Services.

7.2. Presentation of Business Travel Services on the Site

The content and characteristics of the Business Travel Services offered, as well as their availability at the time of the Client's reservation, are described on the Site based on information provided by the Partners.

In this regard, and to avoid any ambiguity, it is emphasized that Naboo acts as an agent of the Partners, and its liability cannot be engaged for any non-performance of the Application Contracts.

Article 8. Prerequisites and Right to Access the Service

8.1. Eligibility Conditions for the Service

To use the Website, the Client guarantees that they are acting solely for their Professional Needs and have entered into an Agreement with Naboo.

8.2. Technical Prerequisites for Accessing the Website

Accessing the Website requires the Client to have internet access and computer equipment such as a computer or phone with the software typically needed for browsing a website.

Optimal access to the Website is conditioned by the proper use and functioning of the Client's technical equipment.

All necessary hardware and software for accessing the Website remain solely the Client's responsibility.

8.3. Access and Use of the Website

Naboo grants the Client a limited, revocable, non-exclusive, non-transferable right to access the Website to make Booking Requests for their Professional Needs only.

In this context, the Client declares and guarantees:

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    Use the Website in accordance with usage, laws, and regulations.

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    Use the Website for purposes compliant with these General terms of use, the Privacy Policy, and applicable laws and regulations.

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    Have all rights, permissions, and powers for browsing and registration on the Website.

Any use of the Website contrary to its purpose is strictly prohibited and constitutes a violation of these provisions.

Article 9. Business Travel Services Reservation Process on the Site

9.1. Account

9.1.1. Creating an Account

To use the Service, the Client must create an Account on the Website.

To this end, the Client's representative must provide their first name, last name, and professional email and will be invited to click on 'Sign Up'.

The Client will then receive an email confirmation of their registration.

Once their registration is confirmed, the Client may make Booking Requests on the Website.

9.1.2. Confidentiality and Security of Credentials

To log in to the Account, the Client has a personal and confidential Identifier that corresponds to their professional email address and a personal and confidential password.

The chosen password must comply with Naboo's security policy and will be valid for a limited period. After this period, the password must be changed to access the Website.

If the Client forgets their password, they can recover it by clicking on 'Forgot Password?' on the Website's login page and will receive an email at the address provided on the Website to reset it.

The Client is responsible for the confidentiality of their password and guarantees not to disclose it to any third party for any reason.

Any connection to the Account using the Credentials will be presumed to be made by the Client unless solely attributable to Naboo.

Consequently, the Client will bear sole responsibility for any consequences of Service failure resulting from any use by their staff members or any person to whom the Client has provided the Credentials and agrees to compensate Naboo for any damage caused.

In the event of unauthorized use of the password by a third party, the Client must immediately inform Naboo in writing. Upon receipt of the written notice, Naboo:

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    will immediately suspend access to the Account;

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    will send the Client an email allowing them to restore access after verifying their identity.

Otherwise, and unless Naboo is at fault, any connection using the Credentials will be deemed to have been made by the Client who will bear sole responsibility for the loss of the Credentials, with Naboo not being held responsible except in cases of exclusive fault on its part.

9.1.3. Deleting the Account

The Client may delete their Account at any time, noting that deleting the Account does not terminate or generally end any ongoing Application Contracts or the Agreement.

Naboo has the right to delete the Account in the event of termination of the Agreement for any reason.

9.2. Reservation Request Procedures

9.2.1. Selecting Business Travel Services on the Site

The Client can select Business Travel Services by clicking on the 'The Collection' tab located on the top banner of the Site or 'Explore All' on the Site's home page.

The Client can also refine their search using filters such as price, number of beds, number of rooms, type of venue, ambiance, amenities, travel time, a pool, or by using geolocation through the 'map view'.

Naboo offers a TOP 10 of the most viewed Business Travel Services on the site.

Also, through the 'Our Suggestions' tab, the Client can view the suggestions provided by the sales representative in charge of the Client.

9.2.2. Reservation Request Procedure

To make a Reservation Request for Business Travel Services on the Site, the Client logs into their Account on the Site and selects their destination, arrival date, departure date, and number of Participants, as well as any early arrival and/or late departure options if applicable.

The Client must also provide a name for their Business Travel, a phone number for the Partner to contact them, and confirm their early arrival and/or late departure options.

To finalize their Reservation Request, the Client must click on 'Book'.

The Client may also request assistance from Naboo in their Reservation Request by clicking on 'Send a Request' or using the form provided on the Site's home page.

The Client must then enter their Business Travel dates, the number of Participants, the minimum number of rooms, if applicable, a desired destination, budget, and can provide additional information.

For certain Reservation Requests, the Client must directly request a commercial proposal by clicking on the designated tab. They will then be contacted by Naboo.

In any case, to be valid, the Reservation Request must include all the necessary information for processing.

9.2.3. Reservation of Business Travel Services

Once the Client has clicked on 'Book' or 'Confirm Reservation', a summary of the Reservation Request will be displayed.

The Client can view the details of their summary by clicking on the 'Detailed Invoice' and 'Travel Details by Traveller' tabs as well as the main cancellation conditions.

The Client may also review and modify their choices by clicking on the back arrow. The Client can then re-enter the necessary information for the Reservation.

To finalize their Reservation, the Client is invited to accept the Agreement as well as the Application Contract using the checkboxes before clicking on 'Confirm and Pay'.

9.2.4. Payment of the Reservation

On the next page, the Client is invited to proceed with payment.

According to the financial conditions agreed with the Partner in the Application Contract, the Client may be asked to pay a deposit or the full amount of the Business Travel at the time of Reservation.

Service Fees are payable at the time of Reservation.

Payment is made by credit card (Carte bleue, Visa, Mastercard), bank transfer, or SEPA direct debit using a secure transaction form as specified below. Confirming payment by clicking on the 'Book for […]' icon constitutes finalization of the Reservation and conclusion of the Contract.

The Client may abandon the reservation by clicking on the back tab of the page.

The card will be debited at the time of Reservation according to the amount indicated at this stage.

It is specified that for credit card payment, the Client will be automatically redirected to the STRIPE payment server.

In the case of paying a deposit, the balance can be paid by bank transfer, credit card, or SEPA direct debit.

It is specified that Naboo holds a billing and collection mandate on behalf of the Partners.

In all cases, providing the credit card number or any other payment method online and final validation of the Reservation will constitute proof of the entirety of the said Reservation in accordance with Articles 1125 and following of the Civil Code.

If the reservation is subject to prior verification by Naboo of the availability of one or more Business Travel Services, the order validation does not constitute final validation of the Reservation. Naboo will perform the necessary checks and contact the Client to confirm the availability of the Business Travel Services.

Article 10. Site Maintenance and Updates

Naboo does not guarantee that the Site will be available continuously.

Naboo may perform maintenance operations to ensure its proper functioning. Maintenance operations may prevent the use of the Site for a limited period. In any case, the Client will be informed, if possible, of maintenance operations and their approximate durations.

Naboo cannot be held responsible for any difficulty in accessing and/or using the Site during these maintenance operations.

Furthermore, the Site may be regularly updated and sometimes automatically. Naboo will make its best efforts to ensure these updates do not affect the Client's use of the Site.

Article 11. Responsibility for Navigation on the Website

The Client acknowledges that Naboo cannot control the transfer of data via the public communication network, particularly the Internet. The Client acknowledges and accepts that Naboo cannot guarantee the confidentiality of data transmitted via public communication means.

Therefore, the Client acknowledges that Naboo cannot be held responsible for any damage resulting from difficulties accessing and/or using the Website due to network disturbances, the companies providing the network to the Client, or Internet network congestion.

Article 12. Intellectual Property

Access to the Site allows consultation of all data belonging to Naboo or Partners for whom it acts and which is regularly updated. Naboo expressly reserves, without indemnification, the right to modify all or part of this data or update it at any time. Thus, Naboo may change the presentation, support, or content of the Site. The Client agrees not to modify the content of the Site in any way.

All designs, texts, graphics, images, videos, information, logos, icon buttons, software, audio files, illustrations on the Site are protected by copyright as is the architecture, presentation, and arrangement of the Site.

Access to the Site does not transfer any property rights of any kind to the Client. It only grants a non-exclusive, non-transferable license to use the Site for the Client upon validation of their Identifiers.

The Client also agrees not to infringe on the rights of reproduction, representation, and other rights attached to the Site's data. The Client agrees not to publish, disseminate, or sell, in any manner, the protected content they access. More generally, the Client agrees not to infringe, directly, indirectly, or through third parties, agents, or collaborators, in any way, on the authors' rights of Naboo.

Article 13. Personal Data

The policy for collecting and processing personal data is defined in the Privacy Policy accessible at this link: https://www.naboo.app/confidentialite.

Article 14. Proof Agreement

Computer systems and files are authoritative in the relationship between Naboo and the Client.

Thus, Naboo and the Client may validly produce, in any procedure, for evidentiary purposes, data, files, programs, recordings, or other elements received, issued, or stored using Naboo's computer systems, on all digital or analog media, and rely on them unless there is a manifest error.

Article 15. Severability

The fact that any provision of these General terms of use is or becomes illegal or unenforceable will not affect the validity or applicability of the other provisions.

Article 16. Applicable Law and Dispute Resolution

These T&Cs are governed by French law.

In the event of a dispute related to these T&Cs, the Parties agree to attempt to resolve it amicably.

To this end, the most diligent Party shall send the other Party a request for an amicable resolution of the dispute, indicating the elements of the dispute and suggestions to resolve it amicably (hereinafter referred to as the "Request").

If a Party's request is not resolved amicably within thirty (30) days following its receipt by the other party, the dispute will be submitted to the jurisdiction of the Paris Commercial Court, including in the case of interim measures, a warranty claim, or multiple defendants.