Mobile Application General Terms and Conditions of Use
Article 1 – Preamble and Object
The mobile application MyTripTailor (hereinafter “the Application”) is published by Mon Tour en France Simplified Joint-Stock Company with a capital of 6,100,000 euros, registered under Chambery RCS 817,509,938, headquarters located at 26, rue Antoine de Saint-Exupéry, 73300 Saint-Jean-de-Maurienne – France (hereinafter “the Publisher”).
The Application is made available to individuals who have booked some MyTripTailor stays or with one of its partners.
The Application is strictly intended for personal use, excluding any professional use.
The present general terms and conditions of use govern the relationship between the Publisher and any user of the Application (hereinafter referred to as the “User”).
Users declare that they have obtained from the Publisher all the necessary information before accessing the services offered by the Application, and acknowledge that they have read the present general terms and conditions of use before downloading the Application.
The downloading and installation of the Application on the User’s telephone implies acceptance, without reservation, of the present general terms and conditions of use as defined below, and acceptance of and compliance with them. The present general terms and conditions of use apply from the first connection to the Application by the User, who agrees to be subject to the rights and obligations of these terms and conditions, without reservation. If you do not agree to the present Terms and Conditions of Use, you are not authorized to use the Application.
Article 2 – Preconditions
Technical requirements :
The Application is compatible with: iPhone 4 and subsequent models, iOs 6 and subsequent versions, Android 4.4.2. and subsequent versions.
In any event, the User remains responsible for his computer environment and the compatibility of his equipment with the Application.
The Application is only functional after downloading a trip corresponding to a MyTripTailor stay reservation, from one of its subsidiaries or one of its partners.
The Application is offered for certain hiking or cycling trips and subsequent travel options chosen (on the order summary).
In the event that the Application is offered for sale when booking his stay, the User will be able to choose whether he wishes to purchase the MyTripTailor Roadbook Application in order to be guided offline (mapping, GPS guidance, voice instruction) throughout his trip and to have access to all the information for his reservation (booking name, booking number, guidance to get there) in offline mode.
The User will receive all the access information with his travel confirmation by email.
– Creating account:
After receiving the order from the User, MyTripTailor will create the User’s trip and access details.
When creating his account, the User is assigned a password, sent with the order confirmation. This password guarantees the confidentiality of the information contained in his personal space, and the User is therefore prohibited from transmitting or communicating it to a third party. Failing this, the Publisher cannot be held responsible for unauthorized access to a User’s account.
Downloading and accessing trip information:
– Download from the App Store or Google Play Store.
– The User will then enter his email and password provided by the Publisher and must accept the present Terms and conditions of Use.
– After signing in, trips could be downloaded and the Application can be used. Users’ travel data will be automatically uploaded to the Application.
Deleting the Application:
The User is free to delete the Application by uninstalling it from his phone at any time, at no charge.
Article 3 – Description of the Application’s functionalities
Services available from the Application:
The Application gives access to the trip(s) resulting from the MyTripTailor reservation(s) or from its customers where the Application is available.
The Application has several features:
- Travel map: allows you to view and access the different stages of the trip in chronological order.
- My trip: allows you to view the list of routes available each day, past or future, and select the route of your choice. Each route contains the GPS track, directional POIs and content POIs
- Practical information: allows you to view general and emergency information. Allows you to access your travel documents (vouchers for booked services, accommodation, points of tourist interest, etc.).
- Settings: Enables self-locking, POI audio playback, POI closing time, track output alert distance, online or offline map management.
- Login/disconnect: Allows you to connect to the application.
The User can thus follow a GPS track and display geolocated information about a trip.
Users will benefit from free travel updates automatically. However, their content and frequency are by no means guaranteed.
Navigation on the hiking trails is entirely offline. The User is informed that certain functionalities require access to the Internet network, for example downloading the trip, and route guidance from the geolocation to the route.
Similarly, in the absence of a GPS signal, it is no longer possible for the User to be guided on the trip but the map display remains active.
Finally, the User’s attention is drawn to the fact that the GPS signal is accurate within 10 metres give or take, so it is the User’s responsibility to measure the risks associated with such a technical limit.
The Publisher does not undertake to ensure the accuracy and precision of the Application’s information, in particular as regards the accuracy of the map backgrounds, certain trails may not be included, as well as information relating to time remaining and altitude, which is given only as an approximation and indication.
The Publisher advises its Users to protect their device with a waterproof and shockproof shell or protective cover. An auxiliary battery is required.
DURING THE TRIP:
1/Open the application, then choose a daytrip.
2/ Use the route guidance to get to the starting point if you are travelling by vehicle (3G or 4G required).
3/ Start the route: navigation starts when you get close to the track.
4/ The POIs are automatically triggered along the way. To open them manually, click on the POI on the map background or open the list by clicking on the icon at the bottom left of the screen.
Put your phone in airplane mode to conserve battery power or, if you prefer to keep your phone active, disable cellular data.
GPS accuracy: The best smartphone GPS chips offer an accuracy of 5 to 10 meters, varying depending on the model. In addition, depending on the quality of the satellite coverage of the geographical area and the nature of the terrain, the devices may lose accuracy. In very rugged areas (steep valleys, gorges and cliffs), the track exit warning may be triggered unnecessarily or POIs may not be triggered correctly. In this case, common sense always prevails: don’t put yourself in danger, stay on the trails and use your printed roadbook.
Any disconnection from the Application means you will have to download the trip again.
5/ In case of an accident, use the SOS button. You will get your GPS coordinates and emergency numbers to contact.
6/ To contact us before or after the departure: firstname.lastname@example.org (support email address).
Article 4 – Rates
The Application is free to download from the stores. However, the Publisher reserves the right to make it payable.
The publisher reserves the right to charge for access to the application upon entering login and password when booking the trip.
The Publisher reserves the right to change the prices at any time.
Mobile operators may charge the User for the use of the services offered by the Application.
Article 5 – In case of cancellation
In the event of cancellation of one or more services, the content of the reservation will be updated accordingly by the MyTripTailor team, following contact with customer service. The user will receive an email indicating that his trip has been updated. If he has already downloaded his trip he will have to log out of the application, log in again with his same login and password and download his new updated trip.
In the event of cancellation of his stay, the user’s trip will be deleted. He will no longer be able to access it.
Article 6 – Obligations of the User
The User undertakes the following when using the Application:
– to comply with these General Terms and Conditions of Use;
– comply with the Publisher’s recommendations;
– use the Application reasonably with caution and discernment: in particular, the User must always remain on a trail, even if the Application indicates otherwise; comply with the laws and regulations in force; – do not make professional/commercial use of the Application and/or its contents; – respect the environmental charter and the rules of good conduct when hiking or cycling.
The User undertakes to use the Application and all the information to which he may have access, only for purposes consistent with the purpose of the Application, public order, morality, the rights of third parties, the Publisher, and the ethical rules that regulate the Internet.
The User undertakes to refrain from committing any act that may compromise the IT security of the User or other users of the Application, and not to disrupt the use they may make of the Application.
THE TOPOGRAPHICAL, ROAD, TOURIST AND ITINERARY INFORMATION TO WHICH THE USER HAS ACCESS THANKS TO THE SOLUTION IS ONLY OF AN INDICATIVE NATURE AND UNDER NO CIRCUMSTANCES IS THE SOLUTION INTENDED TO REPLACE THE HIKING SAFETY RULES, THE HIGHWAY CODE OR ANY OTHER REGULATION AND/OR LEGISLATION IN FORCE RELATING THERETO (IN PARTICULAR ROAD LEGISLATION, MUNICIPAL DECREES…). THE PUBLISHER ALSO RECOMMENDS THAT THE USER CHECK THE WEATHER CONDITIONS BEFORE DEPARTURE, MAKE SURE THAT THE MOBILE PHONE IS WORKING PROPERLY TO FOLLOW THE ITINERARY, EQUIP HIMSELF IN AN APPROPRIATE WAY… ETC…
Article 7 – Safety rules
The User uses the Application under his sole and entire responsibility. Children are advised not to use the Application without the presence of an adult.
The natural environment is constantly evolving and the conditions of accessibility and practicability of a trip may change according to the seasons, climatic conditions… and the Publisher does not guarantee, in any case, the protection of the User against all these natural objective dangers.
The User is invited to report any changes and/or errors of which he/she is aware as well as any comments relating to the trip to the Publisher, with a view to updating the trip and/or improving the service.
In any case, the User is invited to use the Application reasonably, with caution and discernment and remains solely responsible for his safety and choices during the hike. He is also the only one able to estimate his physical abilities.
Thus, the Application must be used as a tool to assist in orientation and decision-making but is in no way a substitute for the User’s assessment and judgement. The User remains solely responsible for his or her safety and choices in the face of external data, in particular, it being specified that marking information in the field must always take precedence over the information provided by the Application.
The Publisher may under no circumstances be held liable in the event of an accident, even a minor one, occurring on the proposed trips.
Article 8 – Responsibility
The Publisher undertakes to make their best efforts to provide users with accurate and verified information, but cannot guarantee the accuracy, completeness or timeliness of the information provided on the Application.
The Publisher undertakes to make their best efforts to ensure that the Application is available to users at all times. Nevertheless, the Publisher may not be held liable, in the event of partial or total unavailability of the Application, for any reason whatsoever. In any event, the user shall not have any difficulty in accessing the Application, to access information in fraud of these General Terms and Conditions of Use.
The Publisher may not be held liable in the event of malfunction or absence of operation of the Application resulting from non- or poor 3G coverage or from the absence or poor quality of the GPS signal. In addition, the Publisher reserves the right to temporarily block access to the Application for maintenance, curative and/or evolutive reasons. However, the Publisher undertakes to make their best efforts to limit the interruption time as much as possible.
The Publisher cannot be held liable by the users of the Application for any indirect and/or unforeseeable damage suffered by the user.
Indirect damages include, in particular, loss of data, time, profits, turnover, margins, loss of orders, customers, operations, revenues, commercial actions or even damage to the brand image, expected results and the actions of third parties.
Finally, the user is informed of the risks relating to the use of the Internet, particularly in the event of a security breach in the transmission of data, and acknowledges having the necessary skills and means to access and use the Application. Under no circumstances shall the Publisher be held liable for these risks and their detrimental consequences, whatever their extent, for the user.
The total liability of the Publisher under these General Terms and Conditions of Use may in no case exceed, for any prejudice combined, an amount equal to the total amount paid by the user for the use of the Application.
Article 9 – Property
The User is authorized under these Terms and Conditions of Use to use the Application in accordance with its intended purpose, as described herein.
The elements integrated into the Application, such as website, trademarks, designs, models, images, sound clips and videos, texts, photos, logos, graphic design, software, without this list being exhaustive (hereinafter “the Contents”), are the exclusive property of their author and are protected as such by copyright, trademark law or any other law recognized by current legislation.
The present General Terms and Conditions of Use do not imply any transfer of any kind of intellectual property rights of the Contents for the benefit of users.
Is therefore illegal and in particular:
– any adaptation, making available to the public at their request or not, distribution, redistribution in any form whatsoever, networking, public communication of all or part of the services, works, services, trademarks and all elements protected or likely to be protected by intellectual property law reproduced on the Application;
– any extraction or reuse, including for private purposes, of a substantial part of the content of the databases set up by the Application;
– any repeated and systematic extraction or reuse, including for private purposes, of an even non-substantial part of the content of the databases set up by the Application;
– any link, access, modification, addition, deletion that concerns the automated processing system for online publishing and modifies the publication conditions or editorial policy;
– any action that has the effect of creating an analogy or confusion in the mind of the public between the services of the Application and the products or services of third parties. To this end, the user undertakes to take all necessary measures to protect said rights against all third parties and, in particular, shall maintain in good condition all proprietary notices that will be entered on all data, information and, more generally, on the elements that may be consulted on the Application or that are communicated to him by the Publisher;
– fraudulent access to and retention in an automated data processing system;
– the fraudulent deletion, modification or addition of data in this system;
– obstructing this system.
As such, any use, not expressly authorized in writing and in advance by the Publisher, is prohibited and constitutes an infringement. Any user who acts in breach of these General Conditions of Use is exposed to civil or criminal proceedings, which repress in particular infringements of copyright, related laws, the rights of database producers as well as automated data processing systems.
Article 10 – Data processing and liberties
In accordance with the regulations relating to the protection of personal data, the Publisher may collect personal data essential for the provision of certain services to the users of the Application.
The terms and conditions for processing personal data collected by the Publisher when using the Application are governed by the provisions of the Charter relating to personal data.
Data protection regulations allow you to have certain rights regarding the processing of your information. You have the following rights: the right to be informed, the right to access your information, the right to correct your information, the right to delete your information, the right to limit processing, the right to portability, the right to object to processing and the right to define the fate of your data after your death.
Article 11 – Non-compliance with the General Terms and Conditions of Use
In the event of a breach of the obligations of the present General Terms and Conditions of Use, the Publisher may take any measures they deem necessary with regard to the user who caused the breach, and in particular suspend access to the Application.
Article 12 – Agreement on proof
All letters exchanged between the parties have evidential value and will therefore be enforceable against them.
The computerised registers kept in the Publisher’s computer systems will be kept under general security conditions and considered as proof of communication between the parties.
The archiving and storage of access to services is carried out on a reliable and durable medium that can be produced as evidence.
Article 13 – Domiciliation and notification
The Publisher’s address is as shown at the top of the present General Terms and Conditions of Use.
Article 14 – Miscellaneous
It is therefore recommended that the user regularly consult the terms and conditions of use in order to become aware of these new conditions.
The present General Terms and Conditions of Use are governed by French law.
This is the case for both substantive and formal rules, regardless of where the user accesses it and what the data content is.
IN THE EVENT OF A DISPUTE, THE COURTS OF NANTERRE SHALL HAVE EXPRESS JURISDICTION, NOTWITHSTANDING THE PLURALITY OF DEFENDANTS OR WARRANTY CLAIMS, EVEN FOR EMERGENCY PROCEEDINGS OR FOR PRECAUTIONARY PROCEEDINGS ON SUMMARY PROCEEDINGS OR ON REQUEST.
(Version 1 – July 2019)