Terms & Conditions Alowaa
Article 1: Object & Definitions
The following general conditions of use are intended to regulate the conditions of access and use of the Platform. We invite you to read them carefully. You understand and confirm that Alowaa is not involved in any agreement or contractual relationship between the members of the application.
By clicking on the "Connect with Facebook", "Connect with Gmail" or "Register by email" button, you acknowledge that you have read and accepted all of these general terms and conditions of use.
Any Event reservation made on the Alowaa application implies adherence to these General Terms and Conditions. Any booking confirmation means that you fully accept these general terms and conditions of sale and use, without exception. Consequently, you must read them before making a reservation on the Application.
"Account" refers to the area that must be created in order to become an Alowaa Member and access certain services offered by the Platform.
"Alowaa" has the meaning given to it in Article 1a above.
"Announcement" refers to a publication of a Member or Partner event.
"Application" refers to the electronic platform on which the information relating to the services can be found.
"Event" refers to the activity published by a Partner or by an Alowaa Member which may or may not include a financial contribution.
"Facebook Account" has the meaning given to it in article 2b below.
"Financial Contribution" refers to the payment made to the Partner in return for participation in the Event.
"Member" refers to any physical person registered on the Platform who has the right to publish and participate in events.
"Member Content" has the meaning given to it in article 12b below.
" Organizing Member " refers to any physical person registered on the Platform who creates an Event.
"Partner" refers to the company that publishes on the application, an event offering an activity in exchange of a financial contribution, for a date and time defined by the Partner.
"Place" Area assigned to a member in the context of participation in an Event in exchange for a financial contribution for the Partners.
"Platform" Service acting as an intermediary in accessing information, content, services or goods, published and provided by third parties and Alowaa.
"Price" Financial value of a service on which all taxes due by the client are taken into account.
"Reservation" has the meaning given to it in article 5 below.
"Services" refers to all services provided by Alowaa through the Platform.
"Service Fee" has the meaning given to it in article 6b below.
"T&Cs" Terms and Conditions
"User" refers to an individual who uses, connects to and uses the Platform.
Article 2: Alowaa's Purpose
The Platform is an application available on Google Play and App Store. It is a Platform that connects people from abroad/travellers/expatriates. They can publish, create and participate in events.
Alowaa has no control over the behavior of its Members/Partners.
You understand and accept that Alowaa has no control over the validity, truthfulness or legality of the Advertisements and Events on the Platform. Alowaa's role is limited to facilitating access and use of the Platform.
In its capacity as an intermediary, Alowaa cannot be held responsible for the actual running of an Event and in part for the fact that :
Erroneous information communicated by the Member in his Advertisement, or by any other means, regarding the terms and conditions of the Event.
The cancellation or modification of an Event by an Organizing Member/Partner.
The behavior of its Members during, before or after the Event.
Article 3: Features
Alowaa will endeavor, as far as possible, to keep the Platform accessible at all times. However, access to the Platform may be temporarily suspended, without prior notice, due to maintenance, updates, breakdowns or problems related to the operation of the networks.
Article 4: Registration on the Alowaa Application
The Alowaa Platform allows its members to publish and participate in Events as well as interact with foreigners who are nearby. If you do not have an Alowaa Account, you will not be able to access these features.
In order to create your account you can :
Fill in all the mandatory fields of the registration form.
When creating an Account, regardless of the method you choose, you agree to provide accurate and consistent personal information and to update your personal information via your Profile or to inform Alowaa to ensure that it is relevant throughout your contractual relationship with Alowaa.
In the case of registration by email, you agree to keep the password you selected when creating your Account confidential and to not communicate it to anyone. In case of loss or leakage of your password, you agree to inform Alowaa immediately. As long as you have not expressly informed Alowaa of the loss, fraudulent use or disclosure of your password to a third party, you are solely responsible for the use made of your Account by a third party and assume full responsibility for it.
You agree not to create or use any Accounts other than the one originally created under your own identity or as a third party.
In order to be transparent, to improve trust, to prevent or detect fraud, Alowaa may set up a system to verify some of the information you provide on your Profile. In particular, when you enter a telephone number.
You understand and accept that any reference to "verified" information or similar terms on the Application or the Services only means that the Member has passed the verification process existing on the Platform in order to provide information concerning him/her.
Alowaa does not guarantee the accuracy, reliability or validity of the information involved in the verification process.
Article 5: Use of Alowaa Services
As a Member, as long as you meet the following conditions, you can create and publish Events on the Platform.
You acknowledge that you are solely responsible for the content of the Event Announcements published on the Application. Therefore, you represent and warrant the accuracy and authenticity of any information contained in the Event Announcement, and agree to perform the Events in accordance with the terms and conditions described in your Event Announcement.
Your Event Announcement will be published on the Application and will therefore be visible to Members who perform searches on the Platform. Alowaa reserves the right not to publish or to withdraw at any time and without prior notice any Announcements that do not comply with the General Terms and Conditions or which it considers detrimental to its image and that of the Platform and its Services.
You are also informed that the Platform prohibits Members from presenting themselves as consumers and from creating Events in a professional capacity. The latter are liable to the sanctions provided for in Article L.132-2 of the French Consumer Code.
All products purchased are reserved for the sole use of Members. Any resale is prohibited and may lead to prosecution and the immediate deletion of the Account of the Member concerned.
2. Booking a Place
Alowaa has set up an online Places reservation system for the Events offered on the Platform.
The terms and conditions for reserving a Place depend on the nature of the event.
When a Member is interested in an Event Announcement, he or she can reserve a Place online. This Reservation request will be automatically accepted. When Reserving a Partner Ad, the Member pays the amount of the Financial Contribution and the related Services online. After verification of the payment by Alowaa and validation of the Reservation request by the Partner, the Member will receive a Reservation confirmation.
A summary of your reservation information and these General Terms and Conditions will be sent to you in PDF format via the e-mail address confirming your order or via your profile on the application via the "My Bookings" section.
After confirmation of the Reservation, the Partner or Organizing Member will henceforth be solely responsible for the execution of the contract binding you to the other members.
All use of the Services, whether as a Partner, Organizing Member or Participating Member, is nominative.
The Partner and the Organizing Member must correspond to the identities communicated to Alowaa and the other Members Participating in the Event (if applicable).
Alowaa is not responsible for any liability when a Member registers for an Announcement whose activity requires the legal majority if the said Member does not possess it in the country in which the Announcement is made on the day of its completion. In the context of a Partner Announcement, it is the responsibility of the latter to ensure the legal integrity of its activity.
The Organizing Member/Partner is solely responsible for the event. In the event of the organisation of a fraudulent Event, inappropriate behavior or any other Event deemed contrary to Alowaa's ethics will be deleted and the Organiser Account reported.
3. Feedback system
Alowaa encourages you to leave feedback on the profile of the Partner with whom you carried out the event. Your opinion will appear immediately on the Partner's Profile. You understand and agree that Alowaa reserves the right not to publish or delete any opinions, questions, comments or answers that it believes to be contrary to these Terms and Conditions.
In case of a problem, before, during or after the Event, a Member has the possibility to report another Member or a Partner. The Partner may also report a Member. Alowaa reserves the right to suspend your Account, restrict your access to the services or cancel these T&Cs in case you have received at least 2 complaints.
Article 6: Financial Contribution
In the framework of an Event, the amount of the Financial Contribution will be established by the Partner or by the Organizing Member.
It is strictly forbidden for a Member to derive any profit from the use of our Platform.
The Partner, for its part, agrees to cap the price of the Event at the public price applied outside the Platform.
In order to avoid abuses, Alowaa limits the possibilities of adjusting the amount of the Financial Contribution. Indeed, the Partner may modify the price of the Event on the sole condition that no Member has yet registered for the above-mentioned Event.
An Organizing Member may publish an Announcement for a paying Event. It is up to the sole discretion of the Members registered for the Event to arrange for the payment of the Event. Payment will not be made through the Platform. Alowaa will not be responsible for any problems related to the Members' payment for this type of Event.
Only Partner Events will be subject to payment on booking through the Platform.
2. Service fees
Alowaa may charge its users a service fee for the use of the Platform. The Service Fees enable the Platform to operate. These service fees are 0.95 centimes for any Reservation of a Partner Event (for a minimum amount of 1€). Alowaa reserves the right to modify the Service Fee terms and conditions at any time. These modifications will not affect the Service Fees accepted by users before the effective date of these modifications.
Article 7: Terms of Payment
By using the Platform as a Partner, you entrust Alowaa with a mandate to collect the amount of the Financial Contribution in your name and for your Account.
Consequently, within the framework of a Partner Event, Alowaa will collect the totality of the amount paid (Financial Contribution and Service Fees) paid by the Member after manual or automatic acceptance of the reservation.
The Financial Contributions received by Alowaa are paid directly to the RIB of the Partner company, previously filled in on its personal area.
You understand and accept that payments received by Alowaa in the name and on behalf of the Partner do not entitle the Member to interest. You agree to respond with diligence to any request from Alowaa and more generally to any competent administrative or judicial authority, particularly in terms of prevention or the fight against money laundering. In particular, you undertake to provide any useful proof of identity upon request.
In the event that you do not respond to these requests, Alowaa may take all measures it deems appropriate, in particular, to freeze payments and/or suspend your Account and/or terminate these T&Cs.
2. Financial Contribution Payment to the Partner
After the Event, passengers have 24 hours to submit a claim to Alowaa. In the meantime, without any complaint, Alowaa's confirmation that the Event has taken place will be taken for granted.
As from this express or tacit confirmation, you will receive the credit due on your company's RIB. This credit corresponds to the total amount paid by the Member at the time of confirmation of the Reservation less the Service Charge, i.e. the Financial Contribution paid by the Member.
The transfer order in your name will be sent on the first working day after your Event confirmation (24 hours) provided that no claim has been made. In the event of a claim, Alowaa will take the necessary time to analyse the situation and to make a judgment on the modalities to be adopted. In the case of a refund, if it is justifiable, the Partner will be obliged to reimburse the amount due to the claim holder.
Alowaa reserves the right not to record a payment, and not to confirm a reservation for any reason whatsoever, particularly if the personal data is suspect or blocked. Suspicious Event Announcements will be deleted and the Organizing Member or Partner's Account will be blocked or even deleted. Announcements judged as damaging the image and values of Alowaa will be deleted and the Organizing Member/Partner Account will be blocked and/or deleted. Any sexual content, social, ethnic, religious or other discrimination deemed compromising by Alowaa will be deleted and the Organizer/Partner Member's Account will be denounced.
Article 8: Reimbursement
Once the booking has been confirmed, the Partner or Member must comply with the following rules to cancel the Event:
If the Event is canceled by the Partner at any time after the Event has been confirmed, the Member will be refunded the entire amount already paid (i.e. the Financial Contribution and Service Fees).
If a Member wishes to cancel their booking :
> If the Member cancels more than 48 hours before the scheduled time of the Event as indicated in the Announcement, the Member will be refunded the Financial Contribution. The service fees will remain Alowaa's property and the Partner will not receive any amount of any kind.
> If the Member cancels the reservation less than 48 hours or 48 hours before the scheduled time of the Event as mentioned in the Announcement and cancels more than 1 hour after the confirmation of the reservation, the Member will be refunded half of the Financial Contribution paid at the time of the reservation. The Service Fee remains Alowaa's property and the Partner receives 50% of the Fee Participation.
> If the Member cancels the reservation less than 48 hours or 48 hours before the scheduled time of the Event mentioned in the announcement and cancels 1 hour or less after the reservation confirmation, the Member is refunded the full amount of the Financial Contribution. Service fees remain the property of Alowaa and the Partner does not receive any sum of any kind.
> If the Member cancels his reservation after or during the Event, or if he does not show up at the meeting place on time (after 15 minutes of delay, the Partner has the right to refuse the late Member to participate in the Event), no refund is made. The Partner is compensated up to the totality of the Financial Contribution and the service fees remain acquired by Alowaa.
When the Member cancels his reservation more than 48 hours before the Event, the Member's place is put back on sale on the Application.
Alowaa assesses at its sole discretion, on the basis of the elements at its disposal, the legitimacy of any refund requests.
By accepting the present Terms and Conditions, you expressly accept that the contract between you and Alowaa consisting of putting you in contact with another member will be executed before the expiry of the retraction period as soon as the reservation is confirmed and you expressly waive your right of retraction, in accordance with the provisions of article L.221-28 of the French Consumer Code.
Article 9: Behaviour of Members and Partners on the Platform
Commitment of all Members/Partners registered on Alowaa
You acknowledge that you are solely responsible for complying with all laws, regulations, and obligations applicable to your use of the Platform.
In addition, by using the Platform and when participating in/organizing an Event, you undertake to :
Not to use the Platform for professional, commercial, or profit-making purposes if you are not a Partner.
Not to transmit to Alowaa or other Members/Partners any erroneous, misleading, false, or fraudulent information.
Not to make any comments, have any behavior or publish on the Platform any content of a defamatory, insulting, obscene, pornographic, vulgar, offensive, aggressive, inappropriate, violent, threatening, harassing, racist, xenophobic or sexual nature, inciting violence, discrimination or hatred, encouraging activities or the use of substances that are illegal or, more generally, contrary to the aims of the Platform, likely to infringe the rights of Alowaa or a third party or contrary to good morals.
Not to infringe the rights and image of Alowaa as well as its intellectual property rights.
Not to open more than one Account on the Platform and not to open an Account in the name of a third party.
Not to attempt to circumvent the Platform's online reservation system, in particular by attempting to communicate your contact details to another Member or Partner in order to make a reservation outside the Platform so as to avoid paying the Service Fees.
Do not contact another Member/Partner through the Platform for purposes other than those of the Application.
Not to accept or make any payment outside the Platform for Partner Events.
2. Commitments of the organizing Members/Partners
In addition, when you use the Platform as a Partner/Organizing Member :
Respect all laws, rules, codes applicable to Alowaa and set out in these Terms and Conditions.
Carry out the Event as described in the Announcement and respect the times, agreed locations and Members before, during, and after the Event.
In the event of any impediment or change in the schedule of the Event, inform the Members participating in the Event without delay.
For Organizing Members, not to generate any profit through the Platform.
For Partners, do not generate any profits in excess of the Events that you carry out outside the Platform.
Ensure that you can be contacted by telephone by the Members registered for your Event, using the contact details recorded on your profile.
To behave appropriately and responsibly during the Event and in accordance with the Alowaa spirit.
3. Members' commitment
When using the Platform as a Member for an Event, you agree to :
To behave appropriately during the Event in a way that respects other participating Members and the Organizing Member/Partner.
Respect the rules and instructions of the Organiser/Partner and the company hosting you for the Event.
If you are unable to attend, inform the Participant / Organizing Member without delay.
Do not bring or consume any object, goods, or substance whose nature or possession is contrary to the legal provisions in force.
Article 10: Account suspension, limitation of access, and termination
You may choose to terminate the contract between you and Alowaa at any time and free of charge. To do so, simply go to the "Account closure" tab in the "Settings" section of your Profile page.
In the event of a breach of these Terms and Conditions, in particular, your obligations as a Member mentioned below, or if Alowaa has reason to believe that this is necessary to protect the security and integrity of its Members, or in order to prevent fraud, Alowaa reserves the following rights:
Termination, immediately and without notice, of these Terms and Conditions.
Prevent the publication or delete any notice, Announcement, messages, content, Reservation request, or any content published by you on the Platform.
Restrict your access to and use of the Platform
Permanently suspend your Account.
If necessary, you will be informed of the implementation of this measure so that you can justify yourself to Alowaa. Alowaa will decide, at its sole discretion, whether or not to remove the measures put in place.
Article 11: Personal Data
Article 12: Intellectual property
Contents published by Alowaa
According to the content provided by its Members, Alowaa is the sole owner of all intellectual property related to the service, the Platform, and its Content. Alowaa also owns the software and databases that operate the Platform.
Alowaa grants you a non-exclusive, personal and non-transferable license to use the Platform and Services for your personal and private use, on a non-commercial basis and in accordance with the purposes of the Platform and Services.
You may not make any other use or exploitation of the Platform and Services and its content without the prior written authorization of Alowaa. It is therefore forbidden to :
Reproduce, modify, adapt, distribute, publicly represent, broadcast the Platform, the Services and its content, except as expressly authorized by Alowaa.
Decompile or reverse engineer the Platform or Services, subject to the exceptions provided for by the texts in force.
Extract or attempt to obtain a substantial part of the data from the Platform.
2. Content published by the Member/Partner on the Platform
In order to activate the Service and in accordance with the Platform's purpose, you grant Alowaa a non-exclusive license to use the content and data that you provide in connection with the use of the Service. In order to allow Alowaa to broadcast by digital network and according to any communication protocol, as well as to make the content of the Platform available to the public, you authorize Alowaa, for the entire world and for any duration of your contractual relationship with Alowaa, to reproduce, represent, adapt and translate your member content in the following manner:
You authorize Alowaa to reproduce all or part of your Member Content on any digital recording medium, known or unknown at this time, and in particular on any server, hard disk, memory card, or any other equivalent medium, in any format and by any process known or unknown at this time, to the extent necessary for any storage, backup, transmission or download operation related to the operation of the Platform and the provision of the Service.
You authorize Alowaa to adapt and translate your Member Content, as well as to reproduce these adaptations on any current or future digital medium stipulated above for the purpose of providing the Services, including the right to make changes to the formatting of your Member Content in order to comply with the Platform's graphic charter and/or to make it technically compatible with a view to its publication via the Platform, while respecting your moral rights.
Article 13: Modification of the Terms and Conditions
These Terms and Conditions express the entire agreement between you and Alowaa concerning the use of Services.
Alowaa reserves the right to modify these Terms and Conditions in order to adapt to its technological and commercial environment and to comply with the regulations in force. Any Member will be notified when these Terms and Conditions have been modified. The Member will be notified by Alowaa before it comes into application.
Article 14: Legal notice
These Terms (and any Reservation of Products made hereunder) shall be governed by the laws of the country in which the Business from which the Reservation was made is located.
Any dispute arising out of or in connection with these Terms and Conditions shall - where such dispute cannot be settled amicably - be decided by the courts of the country in which the Business, from which the Reservation is made, is located.
Regardless of the above, the User may always file a complaint with the competent consumer protection authority in the country where the Business in which the Reservation or purchase was made is located.
Date of the last update on 14/05/2021