Terms of ServiceLast update: 25/05/2022
Please read these Terms of Service (hereinafter, the "Terms of Service") carefully as they contain important information regarding your legal rights, remedies and obligations and govern your business relationship with the Company.
By registering on the Site, you agree to comply with and be bound by these Terms of Service.
These Terms of Service constitute a legally binding agreement (the "Agreement") between you and the Company (as defined in Article I) governing the Payment Services (defined below) performed through the Winalist Platform or in connection with it.
Article I. Definitions
The terms used with an initial capital letter and not otherwise defined in one of the articles of this Agreement have the meaning given to them below, without there being any need to distinguish whether they are used in the singular, in the plural, infinitive or conjugated.
Activity offered for booking on the Site by a Host.
Has the meaning given to it in the Article " Extent of Winalist's Services "
Has the meaning given to it in the Article “ Creating an account ”.
Terms of Service or Contract
The present document.
Has the meaning given to it in the “ Content ” Article
Has the meaning given to it in the “ Content ” Article.
Content of Winalist
Has the meaning given to it in the “ Content ” Article.
Has the meaning given to it in the “ Service Fees ” Article.
Has the meaning given to it in the Article “ Conditions relating to payments ”.
Wine tourism professional registered on the Site with a view to listing the activities they wish to offer for reservation to Site Users.
“ information which allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies ” (article 4 of law n° 78-17 of January 6, 1978).
The total amount of payments collected by Winalist and related to Activity reservations over a period (here we will retain the date of participation in the Activity by the User and not the date of payment of the reservation) deducted from the Service Fees of Winalist All Taxes Included.
Site or Platform or Winalist Platform
The set of web pages accessible via the following domains: winalist.fr, winalist.com, winalist.it, winalist.de, winalist.es, winalist.pt, winalist.nl, winalist.cn, winalist.jp, winalist. se, winalist.fi.
has the meaning given to it in Article II.
User(s) or Visitor(s)
Internet user connecting, visiting and using the aforementioned Site.
The Company, defined in Article II.
Section II. Presentation of the Site
Under Article 6 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, Users of the Site are informed of the identity of the various stakeholders in the context of its creation and its monitoring :
. Owner: Winalist, simplified joint-stock company with capital of €18,137, registered under number 825 280 027 with the RCS of Reims and domiciled at 44 space les violettes, Mareuil, 51160 AY-CHAMPAGNE (hereinafter, the "Company") ,
. Publication manager: the Company,
. Webmaster: the Company,
. Host: the Company.
Section III. Scope of Winalist Services
The Winalist Platform is an online marketplace that allows wine tourism professionals (hereinafter, the “Hosts”) to publish information on the tourist activities they offer and make them available for booking. Each Activity offered for booking by a Host will be the subject of a dedicated page on the Site (hereinafter “Announcement”), the description, images and other practical information of which will be provided by the Host. These activities can take the form, in a non-exhaustive manner, of visits, tastings, discovery trails, lessons, activities over several days as well as other activities related to travel and wine.
Hosts are solely responsible for their Activities. When Users make or accept a reservation, a contract binds them directly to the Hosts. Winalist is not and does not become a party to any contract between Users and Hosts, is not involved in the contractual relationship between Users and Hosts and is neither a real estate broker nor an insurer. Winalist does not act as an agent for any User or any Host.
While Winalist can facilitate the resolution of disputes, Winalist does not control or guarantee the existence, quality, safety, adequacy or legality of the Activities offered by a Host, the veracity or accuracy of the descriptions of the Activities, Ratings, Comments or other Host Content (as defined below), or the performance or conduct of any Host or third party.
If you choose to use the Winalist Platform as a Host, your capacity with respect to Winalist is limited to that of an independent third-party contractor, and not an employee, agent, member of a joint venture or partner of Winalist. for any reason whatsoever, you are acting exclusively for your own account and for your sole benefit, and not for the account or for the benefit of Winalist. Winalist does not direct or control you, and cannot be considered as directing or controlling you, either generally or under these Terms of Service. You acknowledge that you have full discretion to advertise your Activities or otherwise engage in other business activities or other employment.
In order to promote the Winalist Platform and increase the visibility of the Activities to potential Visitors, Ads and other forms of Host Content may be posted on other websites, in applications and emails, as well as in online and offline advertisements in accordance with the “ Content ” section of these Terms of Service. In order to assist Hosts who speak different languages, Winalist provides automatic tools to allow Hosts to translate Activities and other forms of Host Content, in whole or in part, into other languages. Hosts are free to use these tools at their sole discretion. Winalist cannot guarantee the accuracy or quality of such translations and it is the Hosts' responsibility to verify the accuracy of such translations.
The Winalist Platform may contain links to third-party websites or resources (hereinafter, the “Third-Party Services”). These Third Party Services may be subject to different terms of service and privacy practices. Winalist cannot be held responsible for the availability or accuracy of these Third Party Services, or the content, products or services available from these Third Party Services. Links to these Third-Party Services cannot be interpreted as an endorsement by Winalist of these Third-Party Services.
Winalist is not responsible in the event of breakdowns or cuts in the Internet or telecommunications infrastructures that are beyond its control and which may lead to interruptions in the accessibility of the Winalist platform. Winalist may, temporarily and taking into account the legitimate interests of the Hosts (for example by prior notification), limit the availability of the Winalist Platform or of certain areas or functionalities of the Winalist Platform if this is necessary due to capacity limited, to preserve the security or integrity of our servers, or to carry out maintenance operations to ensure the proper functioning or improve the functioning of the Winalist Platform. This clause applies without prejudice to the “ Liability ” Article of these Terms of Service. Winalist may improve or modify the Winalist Platform and add new Services at any time. Winalist will inform the Hosts of any changes made to the Winalist Platform, unless these changes are minor or have no material effect on the contractual obligations of the parties.
Article IV. Eligibility, Use of the Winalist Platform, Host Verification
You must be at least 18 years old and have the capacity to contract to access the Winalist Platform, use it or create a Winalist Account. By accessing the Winalist Platform or by using it, you certify that you are at least 18 years old and have the capacity and the power to contract.
Winalist may subject access to and use of the Winalist Platform or certain areas or features of the Winalist Platform, to certain conditions or requirements, such as submission to a verification procedure, satisfaction of certain quality criteria and eligibility, reaching certain Ratings or Reviews thresholds, or a Host's booking and cancellation history.
Verifying users on the Internet is difficult, and we take no responsibility for confirming the identity of any Host, or User. Notwithstanding the foregoing, in the interest of transparency and for the purposes of fraud prevention, subject to applicable law, we may, but are not required to, ask Hosts to provide us with government-issued identification or other information, or to submit to other checks designed to verify the identity and background of Hosts, consult third-party databases or other sources of information to verify whether Hosts are listed there, and request reports from service providers , and if we have enough information to identify a Host, obtain criminal or sexual offense (or similar) file extracts from local authorities (if available).
Access to certain areas and functionalities of the Winalist Platform and their use may be subject to separate policies, standards or rules, or may be conditioned on your acceptance of additional conditions before you can access the relevant areas or functionalities of the Winalist platform. In the event of a conflict between these Terms of Service and other terms applicable to a specific area or functionality of the Winalist Platform, the latter will prevail with respect to your access to such area or functionality and your use of such area or functionality. functionality, unless otherwise stated in the latter.
Certain parts of the Winalist Platform use Mapbox mapping services, including Mapbox APIs. Your use of Mapbox is subject to the Mapbox Terms of Service.
Article V. Modification of these Conditions
Winalist reserves the right to modify these Terms of Service at any time in accordance with this Article. If we modify these Terms of Service, we will post the modified Terms on the Winalist Platform by modifying the “Last Updated” date at the top of the Terms. We will also notify you of the changes by e-mail at least thirty (30) days before the date on which they take effect. If you disagree with the amended Terms of Service, you may terminate this Agreement with immediate effect. We will inform you of your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the effective date of the amended Terms of Service and you continue to access or use the Winalist Platform, you will be deemed to have accepted the amended Terms of Service.
Article VI. Creating an account
You must create an account (hereinafter, the “Winalist Account”) to be able to access certain features of the Winalist Platform and use them, such as publishing an Activity. If you create a Winalist Account for a company or other legal person, you certify that you have the power to legally bind this legal person and to grant us all the authorizations and licenses provided for in these Terms of Service.
You must enter accurate, current and complete information during the registration process and keep the information in your Winalist Account as well as that appearing on the public page of your profile on your Winalist Account up-to-date.
You are prohibited from creating several Winalist Accounts unless Winalist authorizes you to do so. You are prohibited from assigning or transferring your Winalist Account to another party in any way.
4.4 It is your responsibility to maintain the confidentiality and security of your Winalist Account identifiers, and you are prohibited from disclosing your identifiers to any third party. If you think or if you have reason to believe that your identifiers have been lost, stolen, misappropriated or compromised in any way, or in the event of proven or presumed unauthorized use of your Winalist Account, you must immediately inform Winalist. You are responsible for all activities conducted with your Winalist Account unless you did not authorize such activities and were not otherwise negligent (for example, by failing to report the unauthorized use or the loss of your identifiers).
Section VII. Content
Winalist allows Hosts to create, upload, post, send, receive or store content, such as text, photos, audio or video content, or other materials and information on or through the Winalist Platform (the "Content of the Hosts"), and to access and consult the Content of the Hosts and any content made available by Winalist on or via the Winalist Platform, including the proprietary content of Winalist and any content licensed or that a third party has authorized Winalist to use (hereinafter, the "Winalist Content", and together with the Host Content, the "Content").
The Winalist Platform, Winalist Content and Host Content may be fully or partially protected by copyright, trademark law and/or other laws in France or other countries. You acknowledge and agree that the Winalist Platform and the Content, including all associated intellectual property rights, are the exclusive property of Winalist and/or its licensors or third parties having granted it authorization. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated into or accompanying the Winalist Platform, Winalist Content or Host Content. . All trademarks, service marks, logos, trade names and other distinctive signs of Winalist used on or in connection with the Winalist Platform and the Winalist Content are trademarks or registered trademarks of Winalist in France and in other countries. 'other countries. The trademarks, service marks, logos, trade names and other proprietary designations of third parties used on or in connection with the Winalist Platform, Winalist Content and Host Content are used for identification purposes only and may be the property of their respective owners.
You are prohibited from using, reproducing, adapting, modifying, creating derivative works of, distributing, licensing, selling, transferring, publicly performing, transmitting, broadcasting or exploit the Winalist Platform or the collective Content in any other way, unless you are the legal owner of the Host Content concerned, or if these Terms of Service expressly authorize you to do so. No license or right is granted to you by implication or otherwise under any intellectual property right owned or controlled by Winalist or its licensors, except for the licenses and rights expressly granted in these Terms.
Subject to your compliance with these Terms of Service, Winalist grants you a limited, non-exclusive, non-transferable, revocable, and non-sublicensable license to use the Site on your personal device(s), and access the Collective Content made available to you on or via the Winalist Platform, and consult it, solely for your personal and non-commercial use.
Winalist can offer Hosts the possibility of using professional photographers to take shots of their Activities offered by the Host, which are made available to Hosts so that they can insert them in their Listings with or without a watermark. or marking with the words "Photo verified by Winalist.com" or other similar mention (the "Verified Images"). It is your responsibility to verify that your Activity is faithfully represented in the verified Images and you must stop using the verified Images on or via the Winalist Platform if they no longer correctly represent your Ad, if you no longer provide the Service offered by the Host presented or if your Winalist Account is closed or suspended for any reason. You acknowledge and agree that Winalist has the right to use any Verified Image for advertising, marketing or commercial purposes, including limited use by authorized third parties, in any medium. If Winalist is not the exclusive owner of Verified Images, by using these Verified Images on or via the Winalist Platform, you grant Winalist an exclusive, worldwide, royalty-free, irrevocable, perpetual license (or for the duration of the protection), assignable and sublicensable to use such Verified Images for advertising, marketing or commercial purposes in any medium. Winalist grants you a limited, non-exclusive, non-transferable, revocable, and non-sublicensable license to use Verified Images outside of the Winalist Platform solely for your personal, non-commercial use.
You are solely responsible for all Host Content that you make available on or through the Winalist Platform. Therefore, you represent and warrant that: you are either the sole and exclusive owner of all Host Content that you make available on or through the Winalist Platform, or that you have all rights, licenses, consents and authorizations necessary to grant Winalist the rights to such Host Content, as provided for in these Terms of Service; and neither Host Content, nor your posting, uploading, posting, submitting, or transferring of Host Content, nor Winalist's use of Host Content (or any portion thereof) as contemplated by the these Terms of Service will not infringe, misappropriate, or violate any patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy of third parties, nor will it violate any applicable law or regulation.
You agree not to post, upload, publish, submit or transmit any Host Content that: is fraudulent, false, misleading (directly or by omission or failure to update information) or misleading; is defamatory, libelous, obscene, pornographic, vulgar or offensive; incites discrimination, bigotry, racism, intolerance, hatred, harassment or harm to any individual or group; is violent or threatening or promotes violence or threatening acts against any other person or animal; promotes illegal or harmful activities or use of substances; or violates Winalist Content or any other Winalist policy. Winalist may remove or disable access to any Host Content that is contrary to applicable law, these Terms of Service, or Winalist's applicable policies or standards, or potentially harmful or unacceptable to Winalist, its Users, its Hosts, third parties or property. When Winalist deletes or deactivates Host Content, Winalist informs the Visitor and gives him the reasons for this decision unless this notification prevents or hinders the discovery of fraud or other illegal activity, harms the legitimate interest of other Hosts or third parties, or violates applicable law. You can appeal this decision by contacting Customer Service.
Winalist respects copyright laws and expects its Hosts to do the same. If you believe that any content on the Winalist Platform violates your copyright, please let us know.
Section VIII. Service charge
Winalist charges fees to Hosts (the "Service Fees") in return for using the Winalist Platform. The Service Fees are entirely borne by the Host.
Applicable Service Fees (including any applicable Taxes) are communicated to the Host before they post an Activity. Winalist reserves the right to modify the Service Fees at any time and will inform the Hosts of this within a reasonable time before the new rates take effect. These Service Fee changes will not affect bookings made prior to the effective date of the fee change.
You are required to pay the Service Fees due to Winalist. The applicable Service Fees (including any applicable Taxes) are collected by Winalist. Winalist will deduct any Service Fees from the Price displayed before remitting payment to the Host.
With each reservation of an Activity by a User, the payments for the Activities are transferred to an account dedicated to the Host and opened in his name with Stripe, Winalist's payment partner. Except in exceptional cases, every eighth day of the month, Winalist will publish an invoice (hereinafter, "Commission Invoice") on which will appear: all the reservations of the previous month (we will retain here the date of participation in the Activity by the User and not the date of payment of the reservation); the amount excluding tax of the Service Fee; and the total amount of payments collected by Winalist, related to the reservations of the previous month (we will retain here the date of participation in the Activity by the User and not the date of payment of the reservation) deducted from the Service Fees All Taxes Included (hereinafter, the “Net Partner”). The Commission Invoice is sent to the Host on the day of its edition.
If the Net Partner appearing on a Commission Invoice is positive, Winalist will pay it back by bank transfer within ten (10) days following the publication of the Commission Invoice.
If the Net Partner appearing on a Commission Invoice is negative, the Host undertakes to repay the amount of its debt to Winalist within thirty (30) days. In the event of delay, Winalist may charge late payment interest calculated on the basis of the statement indicated on the open Commission Invoice.
Unless otherwise stated on the Winalist Platform, Service Fees are non-refundable.
Article IX. Publication of an Announcement
When a Host creates an Listing on the Winalist Platform, they must provide complete and accurate information about the proposed Activity (such as its description, location and dates of availability), specify the deficiencies, restrictions and applicable conditions ( such as the minimum age, skills or physical condition required for an Activity) and provide other useful information requested by Winalist. It is the Host's responsibility to keep the information of its Listings up to date (including the dates of availability).
The Host is solely responsible for setting the price (including Applicable Taxes, as well as any other expenses or fees) for their Listing (hereinafter, the “Displayed Price”). Once a User has booked, the Host may not ask him for a higher price than that appearing in the booking request, except in the case of the purchase of additional services by the Visitor once on site.
The Service Fees are fully borne by the Host. Thus, the price of the Activity offered in the Advertisement cannot be different from the price usually offered by the Host directly or on its website for this same Activity.
Any Announcement published by a Host mentions the applicable cancellation policy which includes the conditions for refunding a reservation canceled at the initiative of a Visitor. This is chosen by the Host when creating the Ad. By publishing the Announcement, the Host agrees to respect the cancellation policy attached to said published Announcement.
None of the terms set out in a Host's Listing, including those relating to cancellations, shall conflict with these Terms or the cancellation terms you have selected for your Listing.
Photos, animations, or videos (collectively, “Images”) used in a Host's Listing must accurately reflect the quality and condition of the Activity offered by the Host. Winalist reserves the right to impose a minimum number of Images, in a specific format, size and resolution, for each Ad.
The insertion and ranking of Ads in search results on the Winalist Platform may vary and depend on various factors, such as the User's search parameters and preferences, Host requirements, prices and dates. availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Activities offered by the Host and/or ease of booking.
When a Host accepts a Visitor's booking request, the Host is entering into a legally binding agreement with that Visitor and is then required to provide the Activity offered by the Host to the Visitor in the manner described in the Listing on the date of the reservation request. He also agrees to pay the applicable Service Fees and any applicable Taxes.
Winalist advises Guests to take out appropriate insurance for their proposed Activities. Please read your insurance contract carefully, and in particular, make sure you understand any warranty exclusions and applicable deductibles, and check, among other things, whether your insurance contract covers the actions or omissions of Visitors (and people for whom the Visitor has booked, if applicable) during their participation in your Activity or Event offered by the Host.
Article X. Conditions relating to payments
As a general rule, Winalist will collect the Total Fees from a Visitor at the time the Visitor's reservation request is accepted by the Host (hereinafter, "the Total Fees"), or at any other time mutually agreed by the Host. Visitor and Winalist.
Winalist will generally make Payments on the Payment Method that the Host has chosen: for Activities and Events, monthly, taking into account all the Activities or Events carried out in the month preceding the payment date.
The time required to receive Payouts once issued by Winalist may depend on the Payout Method selected and the processing time of the provider of said Payout Method. Winalist may delay or cancel any Payout in order to prevent any illegal activity or fraud, for risk assessment, security or investigation purposes.
The Payout for a reservation will be the Total Charges associated with that reservation less the Service Fee and applicable Taxes.
In the event of cancellation by the Visitor of a confirmed reservation in accordance with the applicable Cancellation Policy of the Activity or Event, Winalist will proceed to the total Reimbursement of the Total Costs to the Visitor and no Payment will be due to the Host, in accordance with the applicable Cancellation Policy.
In the event of cancellation by the Visitor of a confirmed reservation not in accordance with the Cancellation Policy applicable to the Experience or Event (outside the withdrawal period provided for), Winalist will proceed to the Payment of the Total Fees less the Service Fees and Applicable Host Taxes.
Hosts may need to purchase additional services.
In order to receive the Additional Services, the Host must have a valid Payment Method linked to their Winalist Account. Winalist will generally proceed to Direct Debits on the Payment Method that the Host has chosen according to the subscription period chosen: for Activities and Events, monthly, taking into account all the Activities or Events carried out during the month preceding the payment date.
Deferred payment, after transmission of an invoice to the Host by Winalist, may be made where the Host does not have other valid means of payment or if, over a given period, the amount of the Total Charges owed to the Host are less than the amount of the Service Fee and the Tax Applicable to the Service Fee.
If Winalist does not make a Payment, a refund or pay other sums due to the Host within the period defined by his State, country or any other public authority according to the law applicable to unclaimed properties, Winalist may release the sums due in accordance with its legal obligations, as required by law.
Article XI. Booking Changes, Cancellations and Refunds
Visitors may cancel a confirmed reservation at any time. Subject to the cancellation policy of the Listing defined by the Host, Winalist will refund the amount of the reservation to the Visitor in accordance with these refund conditions.
When a Visitor cancels a reservation without respecting the refund conditions stipulated in the Cancellation Policy for the Canceled Listing, Winalist will collect the Service Fees related to this reservation.
If a Host cancels a confirmed reservation, the Guest will be fully refunded the full amount paid for that reservation. In addition, Winalist may publish an automatic comment on the Listing canceled by the Host, indicating that a reservation has been cancelled.
For Activities, Events and other Services offered by the Host, if inclement weather creates unsafe or uncomfortable conditions for Guests, Hosts may modify or cancel a Service offered by the Host. In the event of a substantial change in the itinerary or if the Service offered by the Host must be cancelled, Winalist, in consultation with the Host and/or the Visitors, will endeavor to offer Visitors another date for the Service offered. by the Host, an appropriate refund or a new booking.
In some cases, Winalist may cancel a reservation in progress or confirmed on behalf of a Host or Visitor and make the appropriate refunds and payments. When Winalist cancels a reservation, Winalist informs the Visitors concerned and gives the reasons for this measure, unless this notification prevents or hinders the discovery or prevention of fraud or other illegal activities, harms the legitimate interests of other Visitors or third parties , or violates applicable law. You can appeal this cancellation by contacting Customer Service.
Winalist reserves all rights to cancel a reservation made on the Site.
Section XII. Ratings and Comments
Within a certain period of time after a booking is finalized, Guests may leave a public review (the "Review") and star rating (the "Rating") about their Hosts. Ratings and Comments reflect the opinion of individual Visitors and not that of Winalist. Ratings and Comments are not verified by Winalist and may be unfounded or misleading.
Ratings and Comments left by Visitors and Hosts must be accurate and must not contain offensive or defamatory terms.
Visitors and Hosts are prohibited from manipulating the Ratings and Comments system in any way, for example by asking a third party to write a positive or negative Comment about another Host.
Ratings and Comments are part of a Host's public profile and may also be displayed elsewhere on the Winalist Platform (notably on the Listings page) with other relevant information, such as the number of reservations, the number of cancellations, average response time and other information.
Article XIII. Framing
Winalist offers Hosts the possibility of adding a booking module linked to Winalist directly on its website.
This booking module is an extract from the source code of Winalist (hereinafter, the "Booking Module") and allows visitors to the Host's website to book a Host Activity outside of the Winalist Platform.
The code made available to the Host remains the exclusive property of Winalist.
Winalist disclaims all responsibility for the impact that the integration of the Booking Module on the Host's site may have, in particular on the following points:
. Damage to the performance of the Host's site,
. Harm to the ergonomics of the Host's site,
. Host site user compatibility issue,
. Damage to the proper functioning of the server hosting the Host's site,
. Any other technical problem of which the Booking Module could be the source.
It is up to the Host not to integrate the Booking Module on his website if said Booking Module does not prove to be compatible or affects in any way whatsoever the good behavior of his site.
Different Service Fees may apply to bookings of Activities made from a Booking Module compared to bookings made directly on the Platform. The Host is clearly informed of this from the management interface of his Winalist Account.
Article XIV. Disputes between Hosts and/or Visitors
The Host remains solely responsible for the accuracy of this data and in the event of a dispute with a Visitor or any other actor, Winalist cannot be held responsible.
Article XV. Rounded
In general, Winalist supports the payment of amounts that are payable by/to Visitors or Hosts in the smallest unit supported by a given currency (e.g. US cents, Euro cents or other supported currencies). If a Winalist third-party payment provider does not support payments in the smallest unit supported by a given currency, Winalist may, at its sole discretion, round up the displayed sums payable by Visitors or Hosts to closest functional integer (higher or lower) to the denominated currency (i.e. to the dollar, euro or other closest supported currency). For example, Winalist can round an amount of €11.50 up to the whole number of €12 and round an amount of €11.49 down to the whole number of €11.
Article XIV. Taxes
As a Host, it is your responsibility to determine your obligations to report, collect, remit, or include in your Listed Price, any applicable VAT or other indirect sales tax, tourist tax, or other ( hereinafter, the “Taxes”).
Tax regulations may require us to collect tax-relevant data about Hosts. If a Host fails to provide us with the documentation required under applicable law (e.g. tax identification number) to fulfill our obligation (if applicable) to withhold Taxes at Source from payments we make to you, we reserve the right to withhold payments up to taxable amounts as required by law until resolved.
The Host understands that any competent public agency, department and/or authority (the "Tax Administration") to which your Accommodation is subject may require the collection of Taxes from Visitors or Hosts on the Prices displayed, and the remittance of such Taxes to the appropriate tax authority. Laws vary by country, but these Taxes may be collected and remitted as a percentage of the List Price set by Hosts, a fixed amount per day, or other variations (“Occupancy Taxes”).
Visitors and Hosts agree that we may seek to recover additional sums from Visitors if the Taxes collected and/or remitted are insufficient to fully meet your obligations to the Tax Administration, and agree that their only recourse in matters of Collected Occupancy Taxes consists of reimbursing the Occupancy Taxes collected by Winalist from the relevant Tax Administration, in accordance with the applicable procedures set by this Tax Administration.
Article XVII. Prohibited activities
It is the Host's responsibility to comply with all laws, rules, regulations and tax obligations applicable to the use of the Winalist Platform. In connection with the use of the Winalist Platform, the Host is prohibited from helping other people to, or allowing other people to:
. violate or circumvent any applicable laws or regulations, third-party agreements, third-party rights, or our Terms;
. use the Winalist Platform or the Content for commercial purposes or for other purposes that are not expressly authorized by these Terms, or in a way that falsely suggests an approval by Winalist, the existence of a partnership with Winalist, or misleading in any other way as to your links with Winalist;
. reproduce, store, access or use in any way whatsoever any information, including personal information concerning any other Host or Visitor, available on the Winalist Platform, in contradiction with the Winalist Personal Data Protection Charter or these Terms, or by violating the privacy rights of Visitors, Hosts or third parties;
. use the Winalist Platform to distribute unwanted commercial messages (“spam”);
. offer, as a Host, an Activity that you do not own or that you are not authorized to offer on the Winalist Platform;
. contact another Host for any purpose other than to ask a question about your own reservation, your Listing, or the Host's use of the Winalist Platform, including, without limitation, to recruit or solicit a Host to participate in services third parties, applications or websites without our prior written permission;
. discriminate against or harass any person because of their ethnic or national origin, religion, gender, sexual identity, physical or mental disability, state of health, marital status, age or their sexual orientation, or engage in any violent, dangerous, abusive or disruptive behavior;
. dilute, tarnish or otherwise harm the Winalist brand in any way, including unauthorized use of the Content, registration and/or use of the word Winalist or derived terms in domain names, names trade names, trademarks or other source identifiers, or the registration and/or use of domain names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to the domain names , trademarks, slogans, advertising campaigns or collective Content of Winalist;
. use robots, spiders, crawlers, scrapers or other automatic means or processes to access the Winalist Platform, retrieve data or other content on the Winalist Platform or interact with the Winalist Platform for any other purpose;
. avoid, divert, remove, disable, damage, decode, or attempt to circumvent in any other way any technological measure implemented by Winalist or any supplier of Winalist or any other third party in order to protect the Winalist Platform;
. attempt to decipher, decompile, disassemble or reverse engineer any software used to provide the Winalist Platform;
. take any action that disrupts or harms, or could disrupt or harm the performance or proper functioning of the Winalist Platform;
. use, re-export, import or transfer the Application without being authorized to do so by the laws of the United States, the export control laws in force in your country, and all other applicable laws;
. infringe the rights of third parties or harm anyone.
You acknowledge that Winalist has no general obligation to monitor Host Content or to actively seek facts and circumstances indicating illegal activity, but that Winalist has the right to verify, disable access to, or modify the Content. Hosts, to be able to operate, protect and improve the security of the Winalist Platform (including, without limitation, for the purposes of fraud prevention, risk assessment, surveys and user assistance); verify compliance with these Terms by Hosts; comply with applicable law, a court order, or requests from law enforcement, law enforcement or other public agencies or organs of the state; respond to Host Content that it deems harmful or objectionable; or for the other purposes provided for in these Terms. Hosts agree to cooperate with and assist Winalist in good faith, to provide Winalist with required information and to take reasonable action as requested by Winalist, in connection with any investigation conducted by Winalist or an agent of Winalist on the use or misuse of the Winalist Platform.
Section XVIII. Duration of the contract and termination
This Agreement will be valid until the Host or Winalist terminates the Agreement as described below.
The Host may terminate this Agreement at any time by sending an e-mail to Winalist. When a Host deletes their Winalist Account as a Host, all confirmed reservations will be automatically canceled and Visitors will receive a full refund. If the Host deletes his Winalist Account as a Visitor, all confirmed reservations will be automatically canceled and any reimbursement will depend on the cancellation conditions of the Listing.
Without limiting its rights specified below, Winalist may terminate this Agreement for convenience at any time by giving you ten (10) days notice via email to your registered email address.
Winalist may immediately and without notice terminate this Agreement and/or cease providing a Host with access to the Winalist Platform if the Host has committed a material breach of its obligations under these Terms of Service, if it has violated applicable laws and regulations or the rights of third parties, or if such action is necessary to protect the safety or property of Winalist, its Hosts, its Users or third parties (for example, in the event of fraudulent behavior by 'a host).
In addition, Winalist may take any of the following actions to comply with applicable law, court order, or requests from police, court, or other public agencies or organs of the State, or if a Host has violated these Terms of Service, applicable laws and regulations or the rights of third parties, if the Host has provided inaccurate, fraudulent, obsolete or incomplete information when creating his Winalist Account, creation of the Listing or thereafter, its Listings or Host Services do not meet the quality or eligibility criteria at any time, if the Host has repeatedly received Poor Ratings or Negative Reviews, or Winalist is otherwise informed or receives complaints concerning its services or its behavior, if the Host has repeatedly canceled confirmed reservations or has not responded to reservation requests without legitimate reason, or if Winalist co considers that this measure is necessary to protect the safety or property of Winalist, its Hosts, its Visitors or third parties, or to prevent fraud or other illegal activities:
. refuse to post, remove, or delay posting of Listings, Ratings, Comments, or other Host Content;
. cancel current or confirmed reservations;
. limit its use of a Host's access to the Winalist Platform;
. temporarily or permanently revoke a special status associated with a Host's Winalist Account;
. suspend temporarily or, in the event of serious and repeated violations, permanently, the Host's Winalist Account and stop providing access to the Winalist Platform.
In the event of minor violations and if necessary, the Host is notified of any measure considered by Winalist and will have the opportunity to resolve the problem in a manner reasonably satisfactory to Winalist.
If Winalist takes any of the measures described above, Winalist will be able to fully refund Visitors for all confirmed reservations, regardless of pre-existing cancellation policies, and the Host will have no right to any compensation for reservations in progress or confirmed that have been cancelled.
In the event of termination of this Agreement, the Host is not entitled to a restoration of his Winalist Account or any of his Host Content. If a Host's access to the Winalist Platform or their use of the Winalist Platform has been limited, if their Winalist Account has been suspended, or if Winalist has terminated this Agreement, the Host will not be able to create a new Account. Winalist nor access the Winalist Platform or use it via the Winalist Account of another Host.
Section XIX. Responsibility
Winalist may be held liable under the applicable legal provisions in the event of intentional and serious misconduct by Winalist, its legal representatives, administrators or agents. Winalist is also liable under the applicable legal provisions in the event of full liability or in the event of injury to life, physical integrity and/or health. The responsibility of Winalist is engaged in the event of breaches of essential contractual obligations, committed by them, their legal representatives, administrators or agents; this liability is limited to the typical foreseeable damages that may occur. The essential contractual obligations are obligations of Winalist whose proper execution the Host expects and on the fulfillment of which the Host must be able to rely for the proper execution of the contract.
Hosts are solely responsible for the Activities, Events or other Host Services they submit, offer and provide.
It is the Host's responsibility to understand and comply with all laws, rules and regulations that may apply to their Activity, Event or other Host Service, obtain any licenses, permits or approvals required before offering an Activity, Event or other Hosting Service and to ensure that the Listing and/or its proposed Activity, Event or other Hosting Service does not violate any agreement that the Host may have entered into with third parties.
The Host remains responsible for acquiring all Equipment, including supplies, vehicles, premises and other items (“Equipment”) required to provide an Activity, Event or other Host Service. The Host agrees to take full responsibility for ensuring that the Facilities used in your Activity, Event or other Hosting Service are in good condition and comply with all laws relating to safety, Facilities and capabilities. operational. Subject to legal requirements to the contrary, the Host assumes all risk of damage to or loss of its Equipment.
Article XX. 17. Indemnification
To the extent permitted by applicable law, Host agrees to release, defend (if Winalist so chooses), indemnify and hold harmless Winalist, its affiliates and subsidiaries, including, without limitation, Winalist, and their officers, directors, employees and agents, from any liability for any claim, liability, damage, loss and expense, including without limitation, reasonable legal and accounting fees, arising out of or in any way related to your breach of these Terms of Service or its improper use of the Winalist Platform, its interaction with any Visitor, including, without limitation, any prejudice, loss or damage (compensatory, direct, incidental, immaterial or otherwise) of any kind related to or resulting of such interaction, stay, violation of any law, regulation or third party right. Pursuant to this section, this indemnification obligation only applies if and to the extent that the claims, liabilities, damages, losses and expenses have been sufficiently caused by the culpable breach of a contractual obligation.
Article XXI. 18. Notes
We invite and encourage you to send us your comments and suggestions so that we can improve the Winalist Platform (“Remarks”). You can submit Comments by sending us an e-mail, through the "Contact" page of the Winalist Platform, or by any other means of communication. No Comments you send to us are considered confidential or proprietary. By submitting your Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sublicensable license to use and publish these ideas and materials for any purpose whatsoever, without any compensation to your
Article XXII. Dispute Resolution
If the Host's country of residence is in the European Economic Area ("EEA"), they can access the European Commission's online dispute resolution platform here: http://ec.europa.eu/ consumers/odr.