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General conditions and legals

The present General Conditions of Use and Sale are applicable to relations between Users and CaraMaps, published by CaraMaps, SAS with a capital of 350,000 BORDEAUX, and registered at CRS of BORDEAUX under the number 813 901 592. The person in charge of the publication is Mr. Julien Toumieux.

Purpose

CARAMAPS is a collaborative platform dedicated to motorhome drivers, accessible through a website which address is https://www.caramaps.com and the mobile application caramaps.
The general conditions applicable are the ones in use the day of browsing and/or transaction.

The relations between the User and Caramaps Company shall be exclusively governed by these General Conditions of Use and any mandatory applicable legal provisions between the parties.

The user is recommended to read them carefully.

Professional users are made aware about the limitation of liability clause and the forum clause.

Caramaps reserves the right to change the general conditions of use at any time. Users will be informed of any changes in the general conditions of use by any useful means,and may oppose to it by writing within 30 days otherwise it will be considered as accepted.

Glossary

Whenever used in the body of the general conditions of use, the following terms shall have the following definition:

  • Host : appoints any member proposing to host a member of Caramaps.
  • Application : appoints the mobile application Caramaps.
  • Caramaps : appoints the collaborative platform dedicated to motorhome drives, accessible through a website which address is: https://www.caramaps.com, and the mobile application caramaps. Caramaps is developed and operated by SAS Company Caramaps defined below.
  • Caras : refers to the unit of measurement of a Member's involvement in the enrichment of the Caramaps tool content. The more the Member communicates and enriches the CARAMAPS Content, the more the number of Cara increases. Depending on the number of Caras obtained, his status will evolve.
  • Content : means any information, advice, recommendation, ’’good deal’’, text, graphics, image, photographs, videos, sounds or elements of any kind appearing on Caramaps whoever is the author.
  • Member : means any physical or moral person, individual or professional, public or private, who has set up his account on Caramaps.
  • Services : appoints the free and/or paying services offered by Caramaps
  • Website : appointed the website Caramaps.com
  • The Company Caramaps : SAS Company Caramaps with a capital of 350,000 euros registered in the Bordeaux Trade and Companies Register under the number 813 901 592, its registered office is located at 82 rue Notre Dame 33000 Bordeaux.
  • User : means any person browsing on Caramaps, Member or not.
  • Traveler : appoints any Caramaps Member who has booked to stay at a Host's place.
  • 1. Website Presentation.

    According to the article 6 of the law n° 2004-575 of June 21th 2004 regarding the trust in the digital economy, Caramaps' users are made aware of the identity of the various parties involved in its realization and follow up:
    Owner : CaraMaps
    Creator : CaraMaps
    Responsible of publication : CaraMaps – contact@caramaps.com
    Webmaster : CaraMaps – contact@caramaps.com
    Web hosting company : OVH – 2 rue Kellermann 59100 Roubaix

    2. Conditions of Caramaps' connection and use

    2.1 Connection

    To use Caramaps, the User must log in to the Website or download the application.
    The Application's installation is carried out by the User by connecting his device, to an operating store which is a function of the User's device.
    By downloading the Application, the users agrees to the terms and conditions of the concerned operating store.
    The User is responsible of the digital security of his equipment, also in case of data loss and possible security breaches that may be caused by a virus or hacking.
    Also, the Company Caramaps can not be held responsible of temporary or permanent damages caused by the User's computer or mobile phones, nor by possible loss or damages that can occur as a result of accessing or browsing Caramaps website, except in case of a fault of the Company Caramaps.
    The data transmission through internet can led to the occurrence of errors and/or the unavailability of the website or the Application. The Company CaraMaps can not be held responsible for the lack of availability or interruption of the online services.

    2.2 Cookies

    The navigation on the Caramaps website is likely to cause the installation of cookie(s) on the user's computer. A cookie is a small file that doesn't permit the User's identification but records information about a computer's browsing on a website. The data obtained is intended to facilitate the coming browsing on the website, and are also intended to permit various measures for visiting figures .
    The refusal to install a cookie can lead to the impossibility of accessing some services. The user can however configure his computer as follows, to refuse cookies:


    2.3 Hypertext Links

    The CaraMaps website contains a number of hyperlinks to other websites. However, CaraMaps does not have the possibility to check all the content of those websites, and will therefore assume no responsibility for this.

    2.4 Browsing - Access to services

    The browsing on the application or the Website is only carried out under the User's responsibility, who must respect the recommendations made by the Company Caramaps appearing in particular in the present General Conditions of Use and within the legal notices appearing on the website.
    The Member acknowledges that access to services may be subject to interruptions linked to operating hazard and Internet connection network, which is not under Caramaps' control. Access to services may also be interrupted in case of website or application maintenance, which is agreed by Members.

    2.5 Changes to the General Terms and Conditions of Use.

    The use of the CaraMaps site implies the full and complete acceptance of the General Terms and Conditions of Use hereinafter described.
    In case of a breach of one of the obligations mentioned herein, CaraMaps reserves the right to delete the concerned User's account.

    These Conditions of use are subject to modification or completion at any time, the users of the website CaraMaps are therefore invited to consult it regularly.

    3. Account and Access to Services

    3.1 Creation of the Member Account

    In order to access the Services, the User must register as a Member by creating a Member account on Caramaps.
    The future Member or the physical representative or a company or an organization must be of a legal age, have the ability to contract and have the legal right to represent the company or organization.
    To do this, he must indicate his name, first name, email address and define a personal password, that must be kept strictly confidential.
    He is responsible of the information entered in the form for creating his account and the ID he has chosen.
    The User agrees not to create any account other than the one originally created, either under his own identity or under someone else identity.
    The Member will then have to log into his Member account to access the Caramaps Services or participate in the enrichment of its Content.

    3.2 Closure of a Member's Account

    The User may at any time close a Member account, unless his status indicates an accepted reserved location, and an execution that must start within 48 hours or an ongoing execution. In this latter case, the closure of the Member's account will be deferred until 7 working days after the end of the booked stay in order to allow the Host and the Traveller, if necessary, to clarify any disagreement they may have reported to Caramaps.
    The closing of a member's account will automatically cancel any reservation accepted for a stay that must begin more than 48 hours after the closing date of the Member's account, with the implications indicated in article 9 below.
    Likewise, the Company Caramaps may disable without warning, formality or indemnity a Member's account:
    1) by court order,
    2) in case of 'force majeure',
    3) in case of breach of the present general conditions of use,
    4) in case of fraudulent use of Caramaps 5) Inappropriate behavior.

    3.3 Interruption and suspension of access to the service and/or website.

    This website is normally accessible to users at any time. However, an interruption due to technical maintenance may be decided by CaraMaps, who will then try to communicate the dates and times of the intervention beforehand.

    4. Participation and/or consultation of the Caramaps Content

    It is specified that the company Caramaps is not required to check the Contents of Caramaps before it's published by a Member.
    The Content appearing on Caramaps is posted online under the Members' responsibility who have communicated the concerned elements.
    Since Caramaps is not the provider of these elements, and has not been informed and alerted about its content, Caramaps can not be held responsible of illegal or erroneous content, or omissions or deficiencies in the updating of the content published on Caramaps
    The Members undertake to put online a sincere Content which is not contrary to the legislation in force or likely to infringe someone's rights.

    The Members shall also ensure respect for intellectual property rights, the right to the image, and the privacy right for all persons.

    The Content put online by a Member must not be false, fraudulent, dishonest, racist, xenophobic, insulting, vulgar, violent, pornographic, pedophile.

    Any Content violating someone's rights or violating the current legislation may be reported to Caramaps (to the following address : contact@caramaps.com) and removed from Caramaps without notice.

    Caramaps also reserves the right to close without notice and without compensation the account of a Member that does not respect the above obligations.
    By posting Content of Caramaps, the Member :

  • Guarantees to the Company Caramaps that he holds the exploitation rights of the intellectual property rights inherent in this Content,
  • Grants to Caramaps the right to reproduce, represent, spread, adapt and translate - nonexclusive - any intellectual property for any use in any form on the the website and the Application, in any tangible and intangible support, for the whole world and for the duration of the copyright. Caramaps is also authorized to grant licenses to exploit these rights.

  • The Company Caramaps points out that it doesn't maintain any special relationship with websites which hypertext links are available on Caramaps. Those links are only indicative and the Caramaps Company does not guarantee access to the indicated websites or their content.

    5. Services Offered by Caramaps

    Caramaps offers to its Members, two types Services :

    Services without financial compensation :

  • Plan their trip step by step according to the criteria selected by the Member,
  • Add content and enrich it on Caramaps: new addresses, comments, opinions, "great deals, photographs, notes... Useful to motorhome drivers to improve all Members travels;
  • Publish their Offer as a Host.

  • Paying Services :
    Subscribe to the 'premium subscription' to:
  • Benefit from the off-line access, which means without internet connection, to all or part of the bata base available on Caramaps,
  • Have a logbook to record the travel stories,
  • Plan a trip with an unlimited number of steps
  • Book without commission expenses at Hosts places, the traveller remains accountable for the price agreed between him and the Host.
  • 6. Registering to a Premium Subscription

    6.1 Subscription Selection

    A member can subscribe a Premium Subscription, allowing him for the selected duration to :

  • Benefit from the off-line access, which means without internet connection, to all or part of the bata base available on Caramaps,
  • Have a logbook to record the travel stories,
  • Plan a trip with an unlimited number of steps
  • Book without commission expenses at Hosts places, the traveller remains accountable for the price agreed between him and the Host.

  • The price of this Premium Subscription depends on the subscription duration (weekly, monthly, yearly) as well as the extend of the geographical area concerned by the freely download database.

    This subscription can be made on "App Store", ’’Google Play’’ or the Website.
    The Member-Consumer attention is drawn to the fact that this subscription gives immediate access to the mentioned Premium services, in accordance with the article L221-28 of the Consumer Code, the consumer renounces to the withdrawal right applicable to contracts concluded remotely.

    6.2 Payment of the Subscription

    On ’’App Store’’
    In case of Premium subscription on the Application, on App Store, the payment will be made online via one of the services proposed by App Store, that pay on behalf of Caramaps the subscription amount, which contains the commission due to Apple. The Member accepts the General Conditions of App Store as mentioned http://www.apple.com/legal/internet-services/terms/site.html : .

    On ’’Google Store’’ or the Website
    In case of Premium subscription on the Google Store or Caramaps.com, the payment will be made online via one of the services proposed by le Crédit Agricole.
    In all cases, it is mentioned that the Company Caramaps has no access to Bank details communicated by a Member during the payment of the Premium Subscription.

    6.3 Use of the Downloaded Database

    After a Premium subscription, the downloaded database, gives the right to a private and personal consultation for the duration of the subscription.
    Therefore, it is forbidden to transfer the downloaded database to another person, to reproduce it, exploit it in any form other than in the limits of the ones defined by the General Conditions of Use.
    Otherwise, the user is liable to pursuit by the Company Caramaps.

    6.4 Logbook

    The Member may record in his logbook all information, photographs, and stories about his motorhome trip.
    The elements included in the logbook will be accessible only to the Member, except if he decides to make it public via a checkbox.
    The Member's attention is drawn on the fact that it belongs to him before the end of his subscription to save the information recorded on the logbook, if he wants to keep them after the end of the subscription.

    7. Intellectual Property

    The entire content is the property of Caramaps or is operated after authorization of the owners. Users and Members of Caramaps only have a personal and private right on their content, even if they have a Premium subscription enabling them to download the Content for a given period of time.
    Consequently, the User or the Member can not represent, reproduce, modify, or more generally exploit the content without a prior authorization of the Company Caramaps.
    The User can not alter, modify, disassemble, decrypt, all or a part of the website, extract the source codes including the content, or attempt any of these actions

    8. Personal Data

    The personal data collected by the Company Caramaps, in particular at the opening of the accounts by the Members, are subject to computer processing intended for the company Caramaps in order to ensure the various services defined in the present general conditions of use.
    The recipients of this data are the employees of Caramaps, its possible service providers and the commercial partners of Caramaps..

    The purposes of collecting these data are :

  • To carry out the operations relating to the management of the Members concerning in particular their account, their announcements, their publications of Contents, their reservations, their subscriptions,
  • To carry out prospecting operations,
  • The preparation of trade statistics, the sale, lease or exchange of its Members' files ,
  • Organization of promotional operations,
  • The management of claims, disputes,
  • Management of Members' opinions on services, contents
  • Management of requests for access, rectification and opposition.

  • In accordance with the law "Informatique et libertés" of 6 January 1978 as amended, the Member has a right of access and rectification of the information concerning himself.
    He can get information about himself by contacting: contact@caramaps.com..
    The Member may also, for legitimate reasons, oppose to the processing of data concerning himself.

    9. Contact us

    For any question or claim regarding Caramaps, the User and/or Member can contact the Company Caramaps at the following addresses and numbers :
    SAS CARAMAPS
    contact@caramaps.com
    82 rue notre dame
    33 000 Bordeaux
    FRANCE

    9. Proof

    It is expressly agreed between the parties that, in accordance with the articles 1365 et the following of the Civil Code, the information recorded by the information systems of Caramaps are valid between the parties. Elements such as the receipt or issue of data exchanged between the parties, as stated on the Caramaps information systems, will prevail unless the User gives evidence to the contrary by writing. The proof of the information provided by the Caramaps information systems will be identical to a proof given on a written paper.

    10. Tolerance

    The fact that Caramaps Company does not invoke one or more of the dispositions of these general conditions of use, or not claim their violation, will not constitute a waiver to the benefit of these clauses..

    11. Applicable law - Mediation - Assignment of jurisdiction

    The parties agree that these conditions and their consequences are subject to French law, subject to any mandatory disposition applicable to the User-Consumer. The Member-Consumer is informed of the possibility, in case of dispute, to access a mediation procedure by having recourse to the Trade Court of Bordeaux. In case of a dispute of any kind, dispute as to the validity, execution, opposability, or difficulty of interpretation of these general conditions of use and more generally concerning the commercial relations existing between Caramaps and the Users or Members contracting as professionals, only the Commercial Court of Bordeaux will be relevant, even in the case of emergency interim proceedings, incidental claims, or multiple defendants or recourse under warranty.