I. Introductory Provisions
The website www.wonderfultime.com (hereinafter referred to as the "Website") offers to connect travelers and inhabitants of a given city (hereinafter referred to as "Participants") with professionals (hereinafter referred to as "Talents") who are passionate or renowned experts in their field of business, such as, but not limited to gastronomy, art de vivre, fashion, crafts or the arts, in order to have an unusual encounter with these Talents (hereinafter referred to as an "Experience").
The Participants and Talents shall be hereinafter collectively referred to as the "Users".
The purpose of these General Terms and Conditions of Use is to define the terms and conditions for connecting Users and for the related services provided to the Talents and the Participants (hereinafter collectively referred to as the "Services") as well as to define the rights and obligations of the various parties within this framework.
They can be accessed and printed at any moment from a direct link on the Website's homepage.
They may be subject to certain additional terms and conditions specific to certain Services. These specific terms and conditions are hereby incorporated into the General Terms and Conditions of Use and, in the case of any inconsistency between the General Terms and Conditions of Use and these specific conditions, the latter shall prevail.
2. Manager of the Website and Services, Contact Details
The Website and the Services are managed by the company WonderfulTime, a limited liability company with a registered capital of 10,000 Euro, registered under number 798 818 399 with the Registry of Trade and Companies of Paris and whose head office is located at 3 rue d’Hauteville, 75010 Paris in France (hereinafter referred to as "WonderfulTime").
WonderfulTime can be contacted through any of the following channels:
Street Address: 3, rue d’Hauteville, 75010 Paris Telephone: 00 33 1 77 17 12 30 E-mail address: firstname.lastname@example.org
3. Access to the Website and Services
The Website and the Services can be accessed by:
Any person having the full legal capacity to be bound by these General Terms and Conditions of Use Any person who does not have the full legal capacity to access the Website and the Services with the agreement of their legal representative Any entity acting through a person having full legal capacity to contract for and on behalf of the entity.
4. Acceptance of the General Terms and Conditions of Use
These General Terms and Conditions of Use can be accepted by checking a checkbox:
For Participants: in the registration form and at the moment of payment of an Experience
For Talents: when they connect to their Personal Space on the Website for the first time.
This acceptance can only be full and complete. Any qualified acceptance is considered as null and void. Users who do not accept to be bound by the General Terms and Conditions of Use must not access the Website or use the Services.
5. Enumeration of facts concerning Leetchi's intervention and General Terms and Conditions
5.1 Users are hereby expressly informed and accept that financial transactions relating to the Services shall be managed by Leetchi Corp. S.A., as part of its "MangoPay" service. Leetchi Corp. S.A is an approved electronic money institution, registered under number B173459 with the Registry of Trade and Companies of Luxembourg, and whose head office is located at 14, rue Aldringen, L-1118 Luxembourg, (hereinafter referred to as "Leetchi").
For the implementation of the aforementioned financial transactions, Users contract directly with Leetchi and accept Leetchi's General Terms and Conditions by checking a checkbox:
For Participants: at the moment of payment of an Experience
For Talents: when they connect to their Personal Space on the Website for the first time.
In the event of inconsistency or conflict between Leetchi's General Terms and Conditions and these General Terms and Conditions of Use, the latter shall prevail.
5.2 Within the framework of the Services, Users shall send all their instructions relating to financial transactions to Leetchi through their Personal Space. Consequently, Users expressly authorize WonderfulTime to relay the said instructions to Leetchi, acting in their name and on their behalf.
5.3 As the implementation of the Services requires the use of the MangoPay service, Users are hereby informed and accept that the termination of a contract between a User and Leetchi, for whatever reason, shall automatically and fully entail the termination of the current contract between WonderfulTime and this User as well as the consequent closing of the latter's Account.
Inversely, the termination of a contract between WonderfulTime and a User shall automatically and fully entail the termination of the contract between this User and Leetchi.
6.1 In order to use the Services, Participants must register on the Website by completing the registration form. Participants must provide all information that is marked as being required. Incomplete registrations shall not be validated.
Registering automatically entails the opening of an account in the Participant's name (hereinafter referred to as the "Account"), giving Participants access to their own personal space (hereinafter referred to as the "Personal Space") which shall enable them to use the Services in a format and according to the technical means that WonderfulTime deems the most appropriate for providing the said Services.
Participants guarantee that all information they provide in the registration form is exact, up to date and sincere and is in no way misleading or dishonest.
They agree to update this information in their Personal Space in the event that any of it should change in order to continuously meet the above-mentioned criteria.
Participants are hereby informed and accept that the information provided by them for the creation or update of their Account is valid as proof of their identity. Details entered by Participants shall be binding upon confirmation.
6.2 Participants can access their Personal Space by logging in to the Website using their connection ID and their password.
Participants agree to use the Services themselves and agree not to allow any third party to use these services on their behalf, unless accepting full responsibility for the consequences.
In the same way, Participants are responsible for keeping their connection ID and password confidential. Participants must contact WonderfulTime immediately through any of the channels mentioned in Article 2 of these General Terms and Conditions of Use, if they notice that their Account has been used without their knowledge. Participants acknowledge WonderfulTime's right to take all measures it deems appropriate in a case such as this.
7. Presentation of Experiences on the Website
7.1 Before reserving an Experience online, and in accordance with the clauses of article L111-1 of the French consumer code in particular, Participants can acquaint themselves, on the Website, with the features of each Experience that they wish to reserve.
Photographs and descriptions of the proposed Experiences shall be as accurate as possible. The Talents are only bound by that which is precisely indicated therein.
7.2 The presentation of the Experience shall indicate in particular:
The minimum number of Participants required to implement the Experience (hereinafter referred to as "Minimum Required"), as well as the maximum number of Participants that can participate (hereinafter referred to as the "Maximum Allowed"). The price per Participant if the number of Participants is between the Minimum Required and the Maximum Allowed.
7.3 Experiences are proposed and provided by Talents, on their sole responsibility, WonderfulTime acting only as an intermediary, in compliance with Article 24.2.
8. Reserving an Experience
8.1 Standard Reservation
All reservations of an Experience must contain a number of people between the Minimum Required and the Maximum Allowed. The Participant who makes the reservation (hereinafter referred to as the "Referent Participant") represents, with regard to WonderfulTime and the Talent, the other Participants in his/her group, in the name of and on behalf of whom he/she makes the reservation of the Experience and for which he/she pays the price.
When the reservation is made by a legal entity, the said legal entity is deemed to be the Referent Participant.
The Referent Participant vouches for the acceptance of these General Terms and Conditions of Use by the other Participants of his/her group, and agrees to see to it that they receive them.
Once the reservation of the Experience has been finalized and paid for in accordance with the terms and conditions stipulated hereunder, the Referent Participant agrees to provide WonderfulTime, through his/her Personal Space, with the names and e-mail addresses of the other Participants in his/her group, in order that WonderfulTime may send them a summary of the Experience and its practical details.
8.1.2 Reservation process
Referent Participants who wish to reserve an Experience must make a date request on the Website, by clicking the relevant button on the presentation page of the Experience in question.
They shall be informed within 48 (forty-eight) hours whether or not the Talent has accepted the requested date. If the date is not available, an alternative date shall be proposed, which Referent Participants are free to accept or refuse. They must give their answer concerning the proposed date within 24 (twenty-four) hours. If they do not confirm within this period, the date proposal shall no longer be valid.
Once the date has been confirmed, Referent Participants must pay the price of the reservation on the Website, in accordance with the terms stipulated in Article 9. An e-mail containing a link to the payment page shall be sent to the Referent Participants for this purpose.
8.2 Privatizing an Experience
Participants have the option to request the privatizing of an Experience i.e. having an Experience for a number of Participants that is inferior to the Minimum Required. If the number of Participants is more than 1 (one), the Participant who makes the request to privatize shall be deemed to be the Referent Participant, and the terms provided for in Article 8.1.1 shall thus apply in full.
Participants must request a private Experience, by clicking the relevant button on the presentation page of the Experience in question. They must state at this point the number of people that will be attending the Experience as well as the date that they wish to attend.
They shall be informed on the Website of the applicable price of the private Experience.
They shall be informed, within 48 (forty-eight) hours of their request for a date, whether the Talent has accepted the date or not. If this date is not available, an alternative date shall be proposed, which Participants are free to accept or refuse. They must give their answer concerning the proposed date within 24 (twenty-four) hours. If they do not confirm within this period, the date proposal shall no longer be valid.
Once the date has been confirmed, Referent Participants must pay the price of the reservation on the Website, in accordance with the terms stipulated in Article 9. An e-mail containing a link to the payment page shall be sent to the Referent Participants for this purpose.
8.3 Custom-designed Experiences
Certain Experiences are custom-designed for one or more Participants.
When Participants make a request for a date, they shall receive a quote for this Experience by e-mail as well as confirmation as to whether the requested date has been accepted or not. If this date is not available, an alternative date shall be proposed, which Participants are free to accept or refuse.
Participants must confirm their acceptance of the quote for the custom-designed Experience through any pertinent written channel and in particular by e-mail sent to WonderfulTime within 7 (seven) days of reception of the quote. If the quote has not been accepted within this period, it shall no longer be valid.
Once the quote has been accepted and the date of the Experience has been confirmed, Participants must pay the price of the reservation on the Website, in accordance with the terms stipulated in Article 9. An e-mail containing a link to the payment page shall be sent to the Referent Participants for this purpose.
8.4 Common Provisions
Reservations are not definitively confirmed until Participants have paid the total price.
Once a reservation has been validated, the Participant who made the reservation shall receive confirmation of this validation by e-mail, containing a summary of the Experience's practical details.
Participants shall also have access to their reservations and to the practical details of their Experiences in their Personal Spaces.
9. Financial Conditions
The applicable prices for reservations of Experiences are those indicated on the Website or, in the case of custom-designed Experiences for one or more Participants, on the quote sent to the Participant. Unless otherwise stated, they are expressed in Euro and are inclusive of French taxes. When they are also displayed in US dollars or in any other foreign currency, this is provided for informational purposes only.
Talents reserves the right, in their sole discretion and in accordance with conditions that they deem appropriate, to propose promotional offers or price reductions.
9.2 Terms of payment
Full payment of the reservation price is required at the moment of confirming a standard reservation request.
Payment is made online, by banking card, using Leetchi's secure online payment service or by any other means that may be proposed on the Website at the moment of confirming a reservation request.
Participants ensure WonderfulTime that they dispose of the required authorization to use the chosen means of payment.
Participants are expressly informed and accept that their reservations may be cancelled or suspended in the event of non-payment of any part of the reservation price, in the event that an incident occurs during payment, or in the event of fraud or attempted fraud relating to the use of the Website.
Fees of an amount equaling one and a half times (1.5 times) the legal French interest rate shall be applied to the unpaid amounts upon receipt of notification of bank transfer refusal.
10. No withdrawal
In compliance with Article L121-20-4 2° of the French Consumer Code, insofar as the Experiences are leisure services provided on a specified date, Participants do not benefit from any right of withdrawal.
11. Cancelling Experience reservations
11.1 Cancellation by Participants
The reservation for an Experience may be cancelled in accordance with the following conditions.
Participants must inform WonderfulTime of their request for cancellation through any pertinent written channel and in particular by e-mail.
If the cancellation request is made more than 7 (seven) days before the planned start date and time of the Experience, Participants shall be fully refunded the reservation price. They shall be invited by e-mail to provide their bank details for refunding purposes and shall be refunded, through any pertinent channel, within 30 (thirty) days of provision of the aforementioned bank details, at the latest.
If the cancellation request is made less than 7 (seven) days before the planned start date and time of the Experience, Participants shall not be entitled to any refund of the reservation price.
Cancellation can only be made by Referent Participants, on behalf of all Participants in their group. If only some of the group wish to cancel their involvement in the Experience, they must inform their Referent Participant of this who shall forward this request to WonderfulTime through any pertinent channel. WonderfulTime shall then transfer this request to the Talent. The Talent may decide, at its sole discretion, to accept or reject the cancellation request.
11.2 Cancellation by Talents
A Talent may have to cancel a date for an Experience, especially when the Experience depends on weather conditions and the Talent judges them to be unfavorable.
In this case, Participants shall be invited by e-mail to provide their bank details for refunding purposes and shall be fully refunded the reservation price, through any pertinent channel, within 30 (thirty) days of provision of the aforementioned bank details, at the latest.
12. Experience Reviews
After an Experience has been provided, Participants are invited by e-mail to give their opinion on it and write some comments.
Comments that are identified as public shall be published automatically on the Website with each Participant's first name and home town when provided.
Remaining opinions (private comments) shall be sent exclusively to WonderfulTime and shall not be published.
13. Obligations of Participants
Without prejudice to other obligations stipulated herein, Participants agree to respect the following obligations.
13.1 A Participant is solely responsible for the choice of Experience that he/she would like to have and for the adaptation of this Experience to the age, capacities, physical and/or medical condition and any other characteristic specific to each of the Participants whom he/she registered.
Participants agree to provide the Talent and WonderfulTime with any useful information in this regard and, more generally, to actively cooperate with the Talent and WonderfulTime with a view to ensuring the correct functioning of the Experience.
13.2 Participants agree to respect usual rules of politeness and courtesy during the Experience. Participants also agree to arrive on time for the Experience. Participants shall not be entitled to any damages or refund in the even that they are late. They are hereby informed and accept that in the event that a Participant is more than 15 (fifteen) minutes late, if the Experience requires traveling, the Talent shall not be obliged to wait for that Participant, in order not to penalize the rest of the group.
13.3 Participants agree to respect the other people present during the Experience, as well as the premises and equipment used for the Experience. They must also comply with any rules or regulations that may apply in the premises where the Experience is being held.
13.4 Each Participant is solely responsible for the contents of whatever nature (editorial, graphic, audio, audiovisual or otherwise, including the name and/or image chosen by the Participant to identify himself/herself on the Website) that he/she posts online on the Website (hereinafter referred to as the "Content").
Each Participant guarantees WonderfulTime that he/she has all the necessary rights and authorizations for the publication of this Content.
Participants undertake to ensure that this Content is legal, does not disrupt public order, is not contrary to accepted standards of public decency, does not infringe any third party rights or legal provision and/or regulation, and more generally, is in no way likely to bring the civil or criminal liability of WonderfulTime into play.
Participants therefore agree to refrain from publishing, in particular, but not limited to:
Content that is pornographic, obscene, indecent, shocking or unsuitable for a family audience,
defamatory, slanderous, or of a violent, racist, xenophobic or revisionist nature
Content that is detrimental to the image of any third party
Content that is false, misleading or proposing or promoting unlawful, fraudulent or misleading activities
Content that could harm a third party's computer system (such as viruses, worms, Trojan horses, etc.) And more generally, any Content that is likely to infringe on the rights of others or cause harm to others in any manner or form.
13.5 Participants shall take all necessary measures to back up through their own resources whatever information in their Personal Space they deem necessary, as no copy of this information shall be provided to them.
14. Opting out
Participants can opt out of the Website at any time, by requesting this of WonderfulTime by e-mail, at the address mentioned in Article 2.
They shall be unregistered from the Website within a maximum of 7 (seven) days from the date of this request. This shall cause the automatic deletion of their Account. However this does not delete any comments that the Participant may have made online.
15. Sanctions for breaches
In the event of a breach by a Participant of any of the provisions of these General Terms and Conditions of Use or more generally, of any infringement by the Participant of any laws and regulations in force, WonderfulTime reserves the right to take any measures it deems appropriate and in particular:
(i) To delete any Content published on the Website
(ii) To inform any relevant authorities
(iii) To commence and prosecute any legal proceedings.
In the event that a User breaches an essential obligation arising from these General Terms and Conditions of Use, WonderfulTime reserves the right to terminate that User's access to all or part of the Services and to Experiences in particular, effective immediately, by letter, fax or e-mail. Termination takes immediate and full effect at the date that WonderfulTime sends the User written notification as per the present clause. This automatically, and without prior formal notice, brings about the deletion of the User's Account without prejudice to the other consequences potentially incurred through the application of these General Terms and Conditions.
16.1 Pre-registration phase
Registration of a Talent on the Website and their proposition of an Experience are preceded by a phase of discussion between the Talent and WonderfulTime, during which the latter ascertains the Talent's motives, know-how, skills, qualifications and awards where appropriate.
WonderfulTime is under no obligation to accept the Talent's registration on the Website after this phase of discussion and the Talent is under no obligation to register on the Website.
16.2 Designing the Experience
When both parties mutually agree to register the Talent on the Website, the Talent must design the Experience that they intend to propose. WonderfulTime may help the Talent in this design process, but the latter however remains the sole decision maker and remains solely responsible for the design of the Experience and its implementation.
The Talent must in particular specify:
The content of the Experience
Its practical details (location, duration, raw materials, merchandising or logistics that may be necessary)
The Minimum Required and the Maximum Allowed
The pricing of the Experience, broken down as follows:
A price per Participant when the effective number of Participants is between the Minimum Required and the Maximum Allowed
The price of a private version of the Experience
Potential special offers or discounts that could be proposed for the Experience.
16.3 Preparation of Talents' Profiles and Presentations of Experiences
The Website contains, for each Experience, a page presenting (i) the Talent's profile (hereinafter referred to as the "Profile"), which contains his/her biography and the reasons why he/she is proposing the Experience, as well as (ii) the description of the Experience.
These sections can be written up by each Talent or by WonderfulTime based on elements provided by the former.
If these sections are written up by the Talent, WonderfulTime reserves the right to modify them in order to adapt them to the Website's format. These modifications shall be submitted to the Talent for their express validation.
If these sections are written up by WonderfulTime, they shall also be submitted to the Talent for their express validation.
Talents hereby expressly agree that all sections may be rewritten in English by an English-speaking journalist for the English version of the Website. The English version shall be submitted to each Talent for their express validation.
Talents shall also provide WonderfulTime with photographs and/or videos to illustrate their Profiles and the description of the Experiences. WonderfulTime may, for the same purposes, take photographs or record videos during an Experience and publish them on the Website, after their express validation by the Talent in question.
In order to implement this article, Talents' express validation must be sent to WonderfulTime through any pertinent written channel and may be formalized by e-mail in particular.
16.4 Finalization of Talents' registration
Once the elements of a Talent's Profile and the description of the Experience have been drawn up in accordance with the aforementioned conditions, WonderfulTime publishes them on the Website after having created an account for the Talent, (hereinafter referred to as the "Account"), giving the Talent access to his/her own personal space (hereinafter referred to as their "Personal Space") which shall enable him/her to use the Services in a format and according to the technical means that WonderfulTime deems the most appropriate for providing the said Services.
WonderfulTime shall inform Talents of the opening of their Accounts and of the publishing of their Profiles by sending them an e-mail containing a link to their Personal Spaces.
When Talents connect to their Personal Spaces for the first time they must accept these General Terms and Conditions of Use.
They must also provide WonderfulTime with all documents and additional information requested to finalize their registration.
17. Reservations and cancellations
17.1 Conditions for reserving Experiences
Talents receive date requests from Participants in their Personal Space. They are also informed by e-mail or by any other means agreed with WonderfulTime.
Talents agree to reply to these requests within 24 (twenty-four) hours of being informed, through their Personal Spaces or by any other means agreed with WonderfulTime.
They agree to do their utmost to accept the dates requested by the Participants. If they are not available on the requested date, they agree to propose one or more alternative dates or times, wherever possible, within 4 (four) days at most before or after the date initially requested by the Participants.
Once a reservation has been confirmed in accordance with the provisions set out in Article 8.4, the Talent has access, in his/her Personal Space, to a summary of the reservation, to the contact details of the Referent Participant and, if the latter had provided them, to the contact details of the other Participants in his/her group.
17.2 Cancellation of Experiences by Talents
Once the reservation of an Experience has been confirmed in accordance with the conditions set out in Article 8.4, Talents can only cancel the reservation on just and proper grounds. In particular such just and proper grounds shall include unfavorable weather conditions when the Experience depends on good weather.
Talents expressly agree that the cancellation of confirmed reservations must remain exceptional. Consequently, they agree, in the event that they must cancel, to ensure that they propose one or more alternative dates or times, wherever possible, within 4 (four) days at most before or after the date initially planned for the Experience.
Talents must inform WonderfulTime of cancellations as soon as possible, through any pertinent channel.
They guarantee WonderfulTime against any injurious consequences potentially incurred by the former due to a cancellation, in particular in the event of complaints or claims made by Participants.
All costs that may have been incurred by a Talent to hold the Experience remain at his/her charge in the event that he/she cancels. It shall be the Talent's responsibility to inform all relevant third parties of the cancellation (for example when the Experience requires the reservation of premises).
18. Modifying or Deleting an Experience
18.1 Modifying an Experience
Talents and WonderfulTime may mutually agree to modify all or part of the features of an Experience, depending in particular on reviews made by Participants about the Experience and/or on the amount of reservations.
Modifications of the presentation of the Experience shall be made in accordance with the same conditions as those set out in Article 16.3.
18.2 Deleting an Experience
Talents may stop proposing an Experience at any time, subject to their being no pending confirmed reservations. They must request this from WonderfulTime through any pertinent written channel and in particular by e-mail.
If there is one or more pending reservations for an Experience, a Talent may send his/her request to delete it to WonderfulTime through any pertinent written channel and in particular by e-mail, in order to prevent the Experience in question from being open to additional reservations. The Experience shall only be effectively deleted once all previously confirmed reservations at the moment of the request to delete it have been provided.
WonderfulTime reserves the right to delete an Experience when it is subject to negative reviews from Participants and/or receives a number of reservations that WonderfulTime, at its sole discretion, deems insufficient.
19. Financial Conditions
19.1 Setting the Price of Experiences
The price of an Experience is freely set by Talents during the Experience's design phase, in accordance with the conditions set out in Article 16.2. Talents are free to request WonderfulTime's advice in this regard.
Notwithstanding the foregoing, when an Experience is custom-designed for one or more Participants, its price is set by Talents depending on the Participants' requests and is therefore subject to a quote, sent to the Participants in accordance with the conditions set out in Article 9.
Talents remain the sole decision makers in any case and responsible for setting the price of Experiences.
19.2 Collection of the Experience price by Talents
The price of Experiences shall be paid by Participants when finalizing their reservations, in accordance with the conditions set out in Article 9.
It shall be transferred by Leetchi onto Talents' Leetchi accounts, after deduction of WonderfulTime's Commission, as defined below.
The balance is only due to Talents after the completion of Experiences and shall be transferred by Leetchi at such a time to the Talents' bank accounts.
19.3 WonderfulTime's Commission
In return for the provision of Services to Talents, a commission (hereinafter referred to as the "Commission") is due by the latter to WonderfulTime for all reservations of their Experiences on the Website.
The Commission is composed of a percentage of the total price of reservation of an Experience, inclusive of all taxes.
Talents are notified by WonderfulTime of the Commission rate through all pertinent channels and in particular by e-mail.
When Talents propose several different Experiences, the Commission rate may vary from one Experience to another.
WonderfulTime shall send Talents quarterly invoices for its Commission through all pertinent channels.
WonderfulTime shall be paid directly through Leetchi once the latter has debited the price of the reservation from Participants' accounts.
20. Obligations of Talents
Without prejudice to other obligations stipulated herein, Talents agree to respect the following obligations.
20.1 Talents agree to propose and provide Experiences with diligence and in accordance with the rules of the trade, in compliance with local policy or laws in force, without violating public order or accepted standards of public decency or infringing any third party rights.
They agree to respect all applicable legal and regulatory obligations and to carry out all necessary administrative, tax and/or social formalities incumbent on them, relating to the provision of Experiences. WonderfulTime shall in no case be held liable in this respect.
When Experiences are held in third party premises, Talents agree to respect the rules that may apply in these premises.
20.2 Talents agree to do their utmost to propose and provide quality Experiences.
They are hereby informed and accept that these General Terms and Conditions of Use are concluded intuitu personae. Consequently, they agree to propose and provide the Experiences personally and not to entrust all or part of the provision of an Experience to a third party on their behalf.
20.3 Talents agree to propose and provide the Experiences presented on the Website exclusively within the framework of the Website and not to propose or provide these Experiences elsewhere, directly or through any third party.
20.4 Talents are fully and exclusively responsible for the design and provision of their Experiences, for which they provide complete mastery. They are the sole judges of which human and material resources they allocate to ensure the correct functioning of each Experience.
In this way, Talents are solely responsible for the hiring or use of any potential employees that they may decide to allocate to each Experience. They undertake to ensure that these potential employees have the required skills and to provide any necessary training to their personnel. The aforementioned employees shall remain under the exclusive management, authority and responsibility of Talents.
20.5 Talents are solely responsible for the safety of Participants during Experiences. They are also solely responsible for any harm that may come to the equipment required for Experiences or to the premises in which they are held.
20.6 Talents agree to respect the usual rules of politeness, punctuality and courtesy with regard to Participants.
They undertake to be at the location where an Experience is to take place at least 15 (fifteen) minutes before the Experience's planned start time, in order to greet the Participants and to inform them of any potential delay in proceedings.
They must provide the Referent Participant, before an Experience, with all information that would be useful for the correct functioning of the Experience, especially concerning any equipment that should be brought by the Participants.
They agree to invite Participants to provide their reviews and comments about the Experience on the Website, after the Experience.
20.7 Talents agree to take out an insurance policy covering professional civil liability and covering all activities and obligations arising from these General Terms and Conditions of Use.
This insurance must cover any harm that could come to people participating in Experiences, to the equipment required for the Experiences as well as to the premises in which the Experiences are held.
Talents agree to maintain this insurance policy in force throughout the duration of these General Terms and Conditions of Use and to prove this upon WonderfulTime's request, through the provision of a statement from their insurers listing the subscribed guarantees, the amounts insured for and their period of validity. Any modification, suspension or termination of this insurance policy, for whatever reason, must be reported to WonderfulTime, in the shortest possible time.
20.8 Talents agree to provide WonderfulTime with all documents, elements, data and information necessary to propose and provide the Experiences. More generally, Talents agree to actively cooperate with WonderfulTime as well as with any of the latter's agents or representatives with a view to ensuring the proper performance of these General Terms and Conditions of Use. They agree in particular to inform WonderfulTime of any difficulties that could arise during the provision of an Experience, as well as of any complaints from Participants that they may know of.
20.9 Talents guarantee WonderfulTime that they have all necessary rights and authorizations to diffuse any information, text, photographs, videos and elements of any nature, including the reproduction of their trademark or logo where appropriate, (hereinafter collectively referred to as the "Elements"), that they provide to WonderfulTime for the purposes of preparing their Profile and presenting the Experiences, in compliance with Article 16.3. They undertake in this way to see to it in particular that these Elements are not counterfeit or detrimental to the image of a third party and are in no way deceptive or likely to mislead.
Talents expressly consent to the diffusion of these Elements on the Website free of charge, as well as on any media or by any other means for the purposes of promoting the Website. They also accept that editorial Elements may be translated into any other language. They acknowledge and agree that these Elements may be subject to modifications especially concerning their scaling, format and color, as well as to alteration or deterioration of their quality depending on the technical constraints of the Website. They renounce claiming any type of payment, fee, royalty, indemnity or financial compensation from WonderfulTime in this respect.
20.10 Talents shall take all necessary measures to back up through their own resources whatever information in their Personal Space they deem necessary, as no copy of this information shall be provided to them.
20.11 Talents agree to keep all personal data sent to them within the framework of the Services strictly confidential and to take all necessary measures to ensure the security and confidentiality of this data.
Talents agree to refrain from reusing all or part of this data, in whatever form, or to divert it from its purpose, that being the provision of Experiences, for which they received this data.
Talents agree to refrain in particular from using this data for marketing or commercial solicitation purposes.
21. End of relations between Talents and WonderfulTime
21.1 Termination with two-month notice
Either WonderfulTime or a Talent may end their contractual relationship and no longer be bound by these General Terms and Conditions of Use by registered letter with acknowledgement of receipt sent to the other party, without having to justify the motive, subject to respecting a notice period of 2 (two) months.
This termination shall not impact pending reservations of Experiences, including those at dates after the termination date, which must be provided in compliance with these General Terms and Conditions of Use, the contract between WonderfulTime and the Talent only effectively ending upon completion of the last Experience in question.
21.2 Termination due to Breach
In the event of breach by either the Talent or WonderfulTime of any of one party's obligations towards the other under these General Terms and Conditions of Use, their contract shall be fully terminated if the party in breach has failed to rectify such breach within 15 (fifteen) days of receiving notice from the other party of their intention to apply this clause, and this without prejudice to any damages that could be claimed from the party in breach.
This termination shall take effect after the aforementioned period of 15 (fifteen) days and all Experiences that were to take place after this date shall thus be fully cancelled.
Each User guarantees WonderfulTime against any claims, demands, actions and/or grievances whatsoever, that WonderfulTime could incur as a result of a breach by the User in question of any one of its obligations or guarantees under these General Terms and Conditions of Use.
Users agree to compensate WonderfulTime for any prejudice that the latter would be subject to, and to pay any costs, liabilities, charges and / or convictions that the latter could incur, as a result of such a breach.
23. Prohibited behavior
23.1 It is strictly prohibited to use the Website or the Services to the following ends:
Carrying out activities that are unlawful, fraudulent or infringe on the rights or the security of others
Violating public order or any local policy or laws
Hacking into the computer system of a third party or any activity aimed to harm, control, interfere or intercept all or part of a third party's computer system, violating its integrity or its security
Sending unsolicited e-mails and / or prospecting or commercial solicitation
Tampering with the aim to improve referencing of another website
Assisting or inciting, in any manner or form whatsoever, the carrying out of one or several of the actions or activities described above
And more generally, any action that uses the Services for any other purpose than that for which they were designed.
23.2 Users are strictly prohibited from copying and / or using for their own purposes or those of a third party, the concept, technology or any other component of WonderfulTime's Website.
23.3 The following is also strictly prohibited: (i) any behavior that would interrupt, suspend, slow down or prevent continuity of the Services, (ii) any hacking or attempts to hack into WonderfulTime's IT systems, (iii) any hijacking of the Website's system resources, (iv) any acts that would place a disproportionate load on the Website's infrastructure, (v) any attempts to breach the Website's security and authentication structures, (vi) any acts that could infringe on the rights and financial, commercial and moral interests of WonderfulTime or of the Users of its Website and finally, more generally, (vii) any breach of these General Terms and Conditions of Use.
23.4 It is strictly prohibited to make money from, sell or concede all or part of one's access to the Services or to the Website or to the information that is hosted and / or shared on the Website.
24. Obligations and Guarantee of WonderfulTime
24.1 WonderfulTime agrees to provide the Services with diligence and in compliance with trade practice, specifying that it has an obligation to provide means, but this without any obligation of result, and this is expressly acknowledged and agreed by Users.
24.2 WonderfulTime acts as a broker in that it provides Users with technical tools and means enabling them to interact for the purpose of carrying out an Experience. WonderfulTime's liability is limited to the provision of these means, as described hereto and to enabling the interaction of Users.
WonderfulTime acts in its own name and does not execute any legal act in the name of or on behalf of Talents or Participants, who establish contracts directly between themselves.
Concerning more particularly Talents, it is expressly agreed that neither Talents nor WonderfulTime shall be entitled to use the provisions of these General Terms and Conditions of Use to claim, in any way, the status of agent, representative or employee of the other party, or to enter the other party into any commitment with a third party, beyond the Services provided for in the provisions of these General Terms and Conditions of Use. No special legal structure is formed between the Talents and WonderfulTime hereto, each party keeping their total independence, their responsibilities and their own clients.
WonderfulTime is not a party to contracts between Talents and Participants and shall under no circumstances be held liable in respect of difficulties which may occur during the conclusion or performance of such contracts, nor be a party to any potential disputes whatsoever between a Talent and a Participant in particular concerning the delivery of products and / or services, guarantees, statements or any other obligations to which the Talent or Participant would be bound.
However, in order to constantly improve the quality of the Services, WonderfulTime invites Users to submit all comments and information that they may wish to bring to its attention concerning the quality of transactions made using the Services.
24.3 WonderfulTime shall in no way intervene in the implementation and running of Experiences, which are conducted under the sole responsibility of Talents.
24.4 WonderfulTime has no knowledge of comments posted online by Participants, and shall not moderate, select, check or monitor in any way these comments and with regard to which WonderfulTime only intervenes within the role of hosting provider.
Consequently, WonderfulTime cannot be held liable for comments, whose authors are third parties, and any potential claims should be made firstly to the author of the comments in question.
WonderfulTime may be notified of any comments that cause prejudice to a third party under the conditions defined in Article 6 I 5 of the French law No. 2004-575 on security in the digital economy of 21st June 2004, WonderfulTime reserving the right to take the measures set forth in Article 15 of these General Terms and Conditions of Use.
24.5 WonderfulTime assumes no responsibility in the event that any information from the Personal Space of a User is lost. Users should keep a backup copy and shall not be able to claim for any damages caused by any loss of this information.
24.6 WonderfulTime agrees to regularly check that the Website is operational and can be accessed. To this end, WonderfulTime reserves the right to interrupt access to the Website momentarily for maintenance purposes. In the same way, WonderfulTime shall not be held liable if the Website is ever momentarily difficult (or impossible) to access, the causes of these circumstances being outside WonderfulTime's control, force majeure, or due to any disruption in the telecommunications network.
24.7 WonderfulTime does not guarantee to Users (i) that the Services, which are subject to constant research to improve their performance and progress, will be totally free of errors, faults or defects, (ii) that the Services, being standard and not offered specifically to any one given User according to that User’s own personal constraints, shall specifically meet that User’s needs or expectations.
24.8 In any event, any liability that could be incurred by WonderfulTime within the framework of this agreement is expressly and solely limited to direct actual damages suffered by Users. With regard to Talents, liability is limited to the total amount of Commission collected by WonderfulTime during the 12 (twelve) months preceding the event giving rise to liability.
25. Intellectual Property of WonderfulTime
The systems, software, structures, infrastructures, databases and content (text, images, graphics, music, logos, trademarks, databases, etc.) used by WonderfulTime on the Website, are protected by all intellectual property rights, or rights for the creators of databases, in force. Any dismantling, decompilation, deciphering, extracting, reusing, copying and, more generally, any reproduction, representation, publishing or use of all or part of any these items, without WonderfulTime's authorization, is strictly prohibited and could lead to prosecution.
26. Personal Data
WonderfulTime practices a policy of protection of personal data in compliance with the French law on Computer Processing, Filing Systems and Liberties of 6th January 1978.
In compliance with said law, Users have the right to access and rectify information that concerns them, which they may exercise by contacting WonderfulTime through the channels listed in Article 2. By way of reminder, any person may, for legitimate reasons, oppose the processing of data that concerns them.
WonderfulTime may insert advertising or promotional messages on any page of the Website in a format, and in accordance with the conditions, that WonderfulTime solely deems appropriate.
28. Links and Third-Party Sites
WonderfulTime can in no way be held liable for the technical availability or unavailability of Internet sites or mobile applications operated by third parties (including its potential partners), which Users would access through links on the Website.
WonderfulTime shall not be liable for content, advertisements, products and / or services available on such third-party sites or mobile applications and Users are hereby reminded that these sites are governed by their own terms and conditions of use.
WonderfulTime shall not be liable for any transactions conducted between Users and any advertisers, professionals or salespersons (including its potential partners) to which Users may be oriented through the Website and shall not take part in any disputes whatsoever with these third parties, particularly concerning the delivery of products and / or services, guarantees, declarations or any other obligations whatsoever to which these thirds parties may be bound.
WonderfulTime reserves the right to amend these General Terms and Conditions of Use at any time.
Users shall be informed of these amendments through any pertinent channel.
Any Talent that does not agree with the amended General Terms and Conditions of Use must end their contractual relationship with WonderfulTime in accordance with the provisions set out in Article 21.1. All Talents who continue to use the Services after the entry into force of the amended General Terms and Conditions of Use shall be deemed to have accepted these amendments.
Concerning Participants, the General Terms and Conditions of Use that apply to them are those which they accepted at the moment they reserved an Experience.
In the event of a translation of these General Terms and Conditions of Use into one or more languages, the language of interpretation shall be French in the event of any contradiction or dispute concerning the meaning of any one of their terms or provisions.
31. Law and Jurisdiction
These General Terms and Conditions of Use are governed by French law.
In the event of dispute concerning the validity, interpretation and / or application of these General Terms and Conditions of Use, all parties agree that the courts of Paris shall be the only competent jurisdiction capable of judging the dispute, save conflicting mandatory rules of practice.
32. Entry into Force
These General Terms and Conditions of Use became effective on 12th December 2013.