User Policy : introduction

Because the use of the site TCHILEE.COM edited and developed by the association CD2RI commits you to respect the present conditions, we recommend you to read carefully our general conditions of use (CGU) before any use of the platform.

These T&Cs have been drawn up for the users of the site. https://www.tchilee.com and have been edited and developed by the CD2RI association located at 43 rue des Prairies – 75020 Paris – France.

Your use of the website constitutes your agreement to these GTC, and if you do not agree to them, you may not use the website.

1. Definitions

“The association” or “CD2RI” or “We” refers to the CD2RI association whose head office is located at 43 rue des Prairies – 75020 Paris, registered in the register of associations of the city of Paris, known under SIRET No. 810 996 033 00017, registered by Atout France under No. IM07517007, financial guarantee with GROUPAMA, insured for its professional civil liability with GENERALI IARD, publisher, website and mobile application developer.

The “Mobile application” is an executable program that can be downloaded on phones or mobile media, published by CD2RI and offering functionalities and contents to which the user has access.

“Site” refers to the site put online by CD2RI and accessible at the address : https://www.tchilee.com

“You” refers to the user of the TCHILEE website.

“Content” means any text, graphics, images, music, audio, video, information or other material.

“Member Content” means any content that a Member publishes, submits, broadcasts, shares or transmits in order to make it available on the Site.

“CD2RI Content” refers to any content that CD2RI offers through its site TCHILEE.com, including any content obtained or not, under license from a third party.

“Service” refers to all products, functionalities and applications accessible on the site. https://www.tchilee.com and proposed by CD2RI.

“User” means any person browsing the Site, whether or not identified.

“Member” means any adult person with a duly completed and validated account. The Member is an identified user of the TCHILEE site.

“Client” means any member who has purchased at least one trip through the TCHILEE site.

“Member” means any person who has paid an annual membership fee to the CD2RI association in order to access content or services not available to simple visitors.

Local Correspondent” or “Local Agent” or “Local Partner” means the local and independent tourism company based in a country of destination that builds trips and collects the corresponding payments.

Account” means the individual account created by the Member when registering on the TCHILEE site.

 

2. Description of services and products TCHILEE

TCHILEE is a market place connecting travellers and local travel agencies for the construction of custom trips.

CD2RI, operating from its TCHILEE site, offers the following services to Internet users who wish to organize their travels:

  • information, advice and practical sheets ;
  • putting you in touch with the local correspondents of its network for the construction of personalized trips;
  • automated system for sending contact details and information to partners chosen by the user;
  • latest generation secure payment system for all transactions with its local correspondents;
  • putting in contact with its partners for any travel insurance in connection with the purchased trip;
  • online and sharing of travel folders, reports, photos and videos;
  • creation and sharing of individual and collective testimonials, comments and opinions;
  • creation and sharing of experience content.

 

3. Copyright and Intellectual Property of TCHILEE

TCHILEE is the holder of all intellectual property rights (such as copyright, neighbouring rights, trademark rights, rights of database producers) concerning both the structure and all the contents of TCHILEE (such as images, sounds, videos, photographs, logos, trademarks, graphic elements, tools, software, documents and all other data) of the TCHILEE site and mobile application.

There is neither right of use, nor license of use on the contents of TCHILEE without a specific, prior and written agreement of TCHILEE.

Any reproduction, representation, publication, transmission, use or modification, in whole or in part, of the contents of TCHILEE, of the site or mobile application, made without the express authorisation of TCHILEE is illicit.

These illicit acts engage the responsibility of their author and are likely to lead to legal proceedings against them and in particular for counterfeiting. The brand TCHILEE as well as the logos and brands of its partners appearing on the site are registered trademarks. Any total or partial reproduction of these trademarks and/or logos without the express authorisation of TCHILEE is prohibited.

Any unauthorized reproduction of trademarks, logos and distinctive signs constitutes an infringement punishable by law. The offender is liable to civil and criminal penalties and in particular to the penalties provided for by the applicable law on intellectual property.

Similarly, TCHILEE is a producer of databases. Consequently, any extraction and/or reuse of the database(s) within the meaning of the provisions of the applicable law on intellectual property are prohibited.

 

4. Use of the site and mobile application of TCHILEE

The use of the site and mobile application of TCHILEE, authorizes you to view, download and print the contents of the site for your strictly personal and non-commercial use.

Any other use will have to be the subject of a specific and written request for prior authorization from TCHILEE.

Unless express authorisation has been given, it is strictly forbidden to reproduce, copy, transmit, redistribute, republish partial or total contents of the TCHILEE site and mobile application, without prior specific and written authorisation from TCHILEE.

Moreover and in all cases, it is not allowed to modify the contents of the TCHILEE site and mobile application, nor to modify or delete the copyright, trademark or property mentions associated with the content.

By using the TCHILEE site and mobile application, you agree to comply with these general terms and conditions of use. Your use will respect the rights of third parties and applicable laws.

You expressly undertake to indemnify TCHILEE in case of liability towards any third party for any use that does not comply with these general conditions of use of the site and mobile application of TCHILEE.

The use of TCHILEE’s site and mobile application is not authorized to persons under 13 years of age, nor to persons who do not have the capacity to use them in accordance with all the provisions hereof, subject of the present agreement.

The use of the site and mobile application of TCHILEE, in accordance with these general conditions of use, is free for its users except connection fees.

 

5. Links to other sites, third party sites

The use of the site and mobile application of TCHILEE may lead the user to third party sites, the use of third party sites independent of TCHILEE and having their own general conditions of use.

Third party sites linked to the TCHILEE site are not edited by TCHILEE and as such, TCHILEE is not responsible for the contents of third party sites whether they are mobile or not. Subject to having been notified in accordance with article 9 of the present general conditions of use, TCHILEE undertakes to immediately remove any link referring to illicit contents.

Subject to the provisions of article 8 of these general terms of use, TCHILEE does not bear any responsibility for the Content, advertising, products, Services or any other tool available on or from external sites or sources. Furthermore, TCHILEE cannot be held responsible for any damage resulting from or in relation to the use of these links.

By interconnecting your TCHILEE account to an account opened on a third party site (e.g. Facebook, Google), you acknowledge and agree that the personal data that you have made accessible on the third party site, within the limits permitted by the parameters that you have defined on the third party site and that you have authorised, will be collected and processed by TCHILEE in accordance with our Privacy Policy.

 

6. Responsibility for the Contents

TCHILEE makes every effort to offer Internet users available tools and/or reliable information and/or content. However, TCHILEE and/or its partners cannot guarantee the accuracy, completeness and/or topicality of the information and/or content provided to Internet users, nor the availability of these elements and tools.

Consequently, and subject to the provisions of article 8 of these general terms of use, TCHILEE and/or its partners cannot be held liable for the use of the information and/or content provided and/or the tools made available on its sites and mobile application.

 

7. Use of community tools

TCHILEE’s site and mobile application allow members who wish to do so, to deposit directly or indirectly through an operator, photos, stories, experiences, opinions and travel logs to share them. Thus, any member will be able, at his leisure, to deposit member contents which will then be diffused.

The member grants TCHILEE the right to distribute, on all digital or paper media and throughout the world, the member contents that it will have produced and deposited. The Member Contents thus produced and put online may be freely viewed, used, transferred, shared, copied, translated, published without the agreement of the member who has deposited them, on any medium, whatever the form or purpose (commercial, promotional or not) without territorial limitation.

This right granted to TCHILEE to broadcast member contents implies that the member contents broadcast by TCHILEE are free of rights. Thus the member will not broadcast member contents on which a third party holds copyright, unless it has the specific and written express authorization of the third party in question.

In the event of non-compliance with this clause, you undertake to release TCHILEE from any claim arising from such an infringement and, where applicable, to compensate TCHILEE.

The member undertakes to publish only suitable member content that is in line with the purpose of the section. Any inappropriate publication, whether under the law (racist, anti-Semitic, xenophobic, racial publications…) or ethically unacceptable, will result in suspension and/or termination of your account without notice. 

As TCHILEE does not control all member content posted prior to distribution, TCHILEE reserves the right to remove at any time any content that constitutes a violation of these Terms of Use (TOU), without notice and at its sole discretion.

 

8. Responsibility of TCHILEE

TCHILEE and or third parties cannot be held responsible for the contents put on line, nor for their use, nor for any direct or indirect prejudice or damage of any nature whatsoever related to the use of the site or applications, and this in a non-limitative manner.

In particular, injury or damage shall mean :

  • any content that is defamatory or of a controversial, pornographic, xenophobic nature or that may, to a greater extent, offend the sensitivity of the greatest number of Internet users;
  • any business or service interruption ;
  • any inability to use proposed results ;
  • the inadequacy of the results provided and the shortfalls resulting from this inadequacy.

TCHILEE makes no commitment regarding the accuracy, adequacy, impartiality of the published contents. The latter are exposed “as is” and as such, TCHILEE excludes any guarantee of quality or suitability for a particular use.

 

9. Content Withdrawal Policy

TCHILEE authorizes itself to withdraw at any time content that would violate the provisions of these TOU with or without notice.

When the contents concerning you, diffused on the site, infringe freedom, respect of persons, image, reputation, infringe copyright, image rights, are defamatory, or for any reason, you may contact TCHILEE to request their removal.

After notification, TCHILEE undertakes to proceed as soon as possible to the evaluation of the contested content and the reasons and after verification of the identities of the persons requesting to arbitrate the withdrawal of the content in question.

It is recommended that you carefully evaluate the facts before making any claim, as you will be held liable for any such claim.

 

10. Termination of Services, Complaints

We reserve the right to terminate your account at any time if you fail to comply with any of your obligations. All your personal data will be deleted in this case.

We reserve the right to carry out spot checks, either unilaterally or at the request of a third party, to verify the user’s compliance with all the terms and conditions of these T&C and the contractual documents supplementing and/or amending them, without this constituting an obligation for us. These verifications may, if necessary, give rise to the suspension of the user’s account in the event that we ask the user to provide information relating to the shortcomings observed. These verifications may also, if necessary, give us the right to terminate the user’s account.

You can also completely delete your customer account and your content, unless there is still an order in process. After the complete execution of the last order, you can freely proceed to the deletion of your personal data.

 

11. Contact

If you notice abuses or violations, or for any complaint related to the service provided by TCHILEE, please contact our customer service by email: support@tchilee.com.

Or in writing to the following address: TCHILEE -43 rue des Prairies – 75020 Paris

You will attach to your signed application, a copy of an identity document as well as your e-mail address and telephone number.

 

12. Access to the site and Services TCHILEE

a. Access configuration

TCHILEE is an online service, whether on a site or on a mobile application.

An internet connection and a connection terminal (computer, tablet, smartphone) are required to use the service.

To fully access the service, you must register and create your TCHILEE account to become an active member. To do so, you can register directly from the site or from the mobile application.

b. Accessibility and technical functioning of the site and mobile application

We undertake to implement all reasonable means to keep the TCHILEE site and mobile application fully operational 7 days a week and 24 hours a day. However, we do not guarantee that their operation is continuous and error-free.

TCHILEE shall not be held responsible for the unavailability, interruption or malfunction of the site and its mobile application, for any reason whatsoever and in particular in the event of failure of its Internet access provider, its host, intrusion by third parties or force majeure.

TCHILEE cannot be held responsible for any inconvenience or damage inherent to the use of the Internet network, such as the presence of computer viruses or spyware.

TCHILEE may interrupt access, in particular for maintenance and upgrade operations or for any other reason, especially technical. TCHILEE is in no case held responsible for these interruptions and the consequences which could result from them for the user or his third parties.

It is reminded that TCHILEE may terminate or modify the characteristics of its services at any time without notice.

You accept the fact that TCHILEE or its suppliers can in no case be held responsible for any material and/or immaterial and/or direct and indirect damage of any nature whatsoever and/or resulting from the use or the impossibility of using its site.

c. Refusal, suspension and termination of access

TCHILEE is free at any time to refuse, interrupt or suspend access to all or part of its site and mobile application as well as associated services, in particular for operational or maintenance reasons. It is also free to modify, suspend, delete the site and terminate its publication on the Internet at any time. As far as possible, any stoppage of service, whether temporary or permanent, will be advertised to its users.

d. Free access to certain categories of services

TCHILEE provides users with general information services in free access, i.e. services free of charge and without the need to identify oneself or create an account.

 

13. The request for quotation

In order to benefit from the complete service of putting you in touch with local correspondents, your registration and identification to the platform is a prerequisite which will allow you to access the requests for quotes and their consultations as an active member. The request for quotation from local correspondents is free of charge. To become a member of the site and thus benefit from all the services offered by TCHILEE, all you have to do is fill in an online form, read and accept the present general terms and conditions of use (GCU).

The consideration of your request for a quote is subject to certain conditions:

  • you’re a natural person;
  • you are eighteen (18) years of age or older; or if you are a minor, have the authorization of your legal representative ;
  • you are registering on your own behalf and not on behalf of a third party;
  • you provide accurate, verifiable, complete and up-to-date personal information;
  • your email address must be personal, valid and must be filled in;
  • your connections to the Account (hours, country, Internet service provider, prohibition of proxies) must correspond to normal use of a User Account;
  • your identifiers must comply with the rules of creation (do not refer to a political orientation, an ethnic group, a community, a religion; do not be vulgar or insulting; do not have a sexual or pornographic connotation; do not resemble or imitate a registered trademark); not to refer to a narcotic product or any other entity prohibited by law; not to resemble or imitate the names of characters created by one of the online authors; not to resemble or imitate the name of a member of TCHILEE; not to be spelled or alternately spelled in order to circumvent the rules imposed above.

It is recalled that any person making a false declaration for himself or for another person is liable, in particular, to the penalties provided for by the applicable law.

 

14. Connecting with the local correspondent

To be put in touch with a local correspondent in order to organize your trip and/or your activity, you must in order :

1 – select a destination or a theme of activities;

2 – select your local correspondent and choose a proposed itinerary or activity ;

3 – Describe your travel project if it is a trip or the number of participants and your different parameters of participation (timetables etc.) if it is an activity;

4 – Specify your expectations in terms of accommodation, accompaniment and rhythm when it comes to a trip;

5 – provide personal information that will enable your selected local correspondent to contact you ;

6 – Receive a confirmation email after sending the quote request form ;

7 – Receive a personalized estimate directly from the selected local correspondent.

The choice of local correspondents suggested by TCHILEE to offer you an estimate is based on these elements alone.

 

15. Your responsibility

a. Liability related to the use of the service

You agree to use our services for personal, non-commercial use.

As a user of the site, you acknowledge that you connect and use the services offered at your own risk. Subject to the provisions of Article 8 of these Terms and Conditions, we cannot be held liable for any direct or indirect damage (financial loss, loss of profits, loss of exchange rate) that you or a third party may suffer, for any reason whatsoever, as a result of your connection to the site or the mobile application.

This applies in particular to damage that may arise from inaccurate content, errors, slowness or interruption in transmission, loss, disappearance or alteration of data, viruses, whatever their origin, intrusions by third parties, and more generally from the use of the site or the impossibility of using it.

b. Your responsibility for the travel provided by the Home Correspondent

The travel contract is concluded exclusively between you and the local correspondent.

The local correspondents are solely responsible for the services they offer and the choice of their providers and partners.

As such, you will need to accept the General Terms and Conditions of Sale (GTS) provided by each local correspondent, as soon as you accept their quote and/or make an initial payment to them.

You agree to abide by the rules set forth by the guide or by any other representative of the local correspondent.

These rules are intended to ensure the smooth running of the programme and are also safety rules.

Any activity that you develop that is not part of the travel programme will not be under the responsibility of the local correspondent.

c. Your Responsibility for Viruses

We invite you to check that any file transmitted or saved on the site does not contain any virus. You may not save or transmit files that contain viruses or programs that would destroy data. You will be held liable in the event of any infringement in this regard.

d. Your responsibility for assistance/insurance

As with any trip, it is advisable to be covered by insurance when you travel internationally: 

  • personal assistance and medical expenses ; 
  • insurance in case of accident or repatriation ;
  • baggage insurance ; 
  • cancellation insurance ; 
  • liability insurance.

It is up to you to check your insurance coverage and if necessary to take out insurance with your usual insurer or with the one offered on the TCHILEE website.

e. Your responsibility for your communications

You acknowledge that you, and not TCHILEE, are responsible for all electronic communications and content sent from your connection tool to the site (computer, mobile etc.) and that you must use the service in compliance with applicable laws.

 

16. Role of TCHILEE in the choice of local correspondents

TCHILEE has selected local correspondents who are experts in custom travel arrangements and hold the required authorisations and insurance in their country of establishment.

To be a partner of TCHILEE, a local correspondent must meet demanding quality criteria. Our selection criteria are described on our site at the following address https://www.tchilee.com and also in paragraph 17 of these TOS for which the local correspondent undertakes to respect them.

TCHILEE provides a service to put you in touch with its local correspondents. In full transparency, TCHILEE charges a low commission on the transactions you make. The amount of this commission allows us, among other things, to search for new local correspondents, to ensure quality control of local correspondents in the field, to maintain the platform in working order and to contribute to the functioning of its partner “CD2RI”, an association dedicated to international business networks and employment abroad, for students and young workers. You can find our range of services in this area at the following address https://www.cd2ri.fr

 

17. Responsibility of local correspondents

In order to be a partner of TCHILEE and to offer its services as a local correspondent, the latter undertakes to respect a certain number of commitments towards our members among which :

  • send an estimate or to contact you in a personalised way, within 48 hours ;
  • to make the TCHILEE customers benefit from the same tariff conditions as those offered to the customers who would address directly to the local correspondent for any request for estimate;
  • use only the mail and telephone provided via the TCHILEE platform to communicate with you;
  • provide you with all the services mentioned in the travel program;
  • warn TCHILEE, when the local correspondent is absent for any length of time and is unable to respond;
  • do its best to ensure the best quality of services;
  • endeavour to find alternative solutions in case of difficulties ;
  • to communicate to you its conditions of sale, its conditions of payment and cancellation before any confirmation of reservation and collection;
  • have all the insurance and regulatory authorisations in force in the country where they are established and undertake to provide proof of this upon request by members.

During your trip, you undertake to respect the rules set out by the guide or by any other representative of the local correspondent. These rules are intended to ensure the smooth running of the programme and guarantee the safety of the travellers.

Any activity of the member that is not part of the travel programme is not the responsibility of the local correspondent.

The local correspondent is responsible to you as an intermediary between you and the various service providers (airlines, hotels, carriers, restaurants, boats,…) he has selected in the framework of your travel programme.

However, as indicated in their general conditions which you must accept when validating the quote for your travel programme, the local correspondent cannot be held responsible:

  • forgetfulness, loss or deterioration of your personal belongings;
  • Theft or damage to your personal belongings in hotels;
  • harmful consequences resulting from an event of force majeure, (bad weather, natural disaster, a political problem, strike);
  • of the damage committed by the other passengers ;
  • the consequences of delays, impediments or cancellations of air transport flights ;
  • the consequences of schedule or airport changes;
  • the consequences of delays or impediments due to land transport;
  • the consequences of delays, impediments or cancellations due to rail transport ;
  • of your failure to keep your schedule.

 

18. Information concerning the conditions of cancellation and reimbursement of services provided by the local partner

Before making a reservation with a local correspondent, you agree to read and accept his general terms and conditions of sale as well as his conditions of payment and cancellation of his service.

a. Cancellation

Any cancellation must be the subject of a letter or an e-mail directly informing the local correspondent in the forms prescribed by the local correspondent’s general conditions. Cancellation fees may be charged to the member. Their amount varies according to the time limit of the cancellation and the conditions of the local correspondent to which you should refer.

We invite you to read carefully these conditions of cancellation, (pre)payment and no-show and to make any future payments within the deadlines agreed with the local correspondent.

It is the member’s responsibility to notify their cancellation insurance within the period required by the cancellation conditions in order to check whether they are eligible to pay the cancellation costs. The cancellation insurance premium is never refundable. The conditions transmitted by the local correspondent will be those that will be applied by the latter to you. The amount of the cancellation fee will be deducted from the deposit paid by the member at the time of reservation after the local correspondent. If the member has made his payment on the secure payment platform TCHILEE, the latter will credit it by any means and as soon as possible.

b. Payment

All reservations are effective as soon as a deposit has been received.

The terms of payment are those provided by the local correspondent’s general terms and conditions to which you must refer.

Each local correspondent is required to communicate to you his or her terms and means of payment, and these will be applied.

Travellers pay local correspondents through the secure payment platform provided by TCHILEE. To do so, the local correspondents send to the members a payment link communicated by email, once the quotation has been accepted.

c. Amendments

Between the time the quote is drawn up and the time you give your agreement, availability in the accommodation may be questioned. Changes can therefore take place and will be made with your agreement.

d. Unused benefits

Any trip cut short or interrupted, or any land, river, sea or air service not used for any reason whatsoever shall not give rise to any reimbursement by the local correspondent.

It is the traveller’s responsibility to take out insurance to reimburse unused services.

e. TCHILEE’s guarantee against the financial default of the local correspondent

TCHILEE is not responsible for the services provided by the local correspondents nor for their financial failure in case of receivership proceedings or in case of judicial liquidation. 

f. Support from the TCHILEE customer service department

However, in the event of financial failure of the local correspondent, making it impossible for it to carry out the selected travel programme, TCHILEE will provide assistance in trying to find an alternative solution with another local correspondent.

Within the framework of this commitment, TCHILEE undertakes that you will not suffer any financial loss in this respect.

TCHILEE thus undertakes to compensate you for the amounts already paid to the defaulting local correspondent. This compensation will take the form of a refund if no alternative local correspondent is likely to provide the travel programme you have paid for, or by paying an equivalent sum directly to a substitute local correspondent. If the totality or the balance of the trip remains to be paid, these sums will be owed by you to the substitute local correspondent without TCHILEE’s liability being sought on this count.

In the event of a dispute with the local correspondent, before, during or after your trip, TCHILEE customer service is at your disposal to help you resolve it and can be contacted for this purpose at the following address contact us.

 

19. Applicable law and competent courts

The content of the site www.tchilee.com is developed and governed in accordance with French law. The present General Conditions of Use (GCU) are subject to French law.

This is the case for both the rules of substance and the rules of form and its content will be assessed by the only competent French court. The rules of conflict of laws are excluded in favour of full and unreserved application of French law, except in the event that provisions applicable in your country of residence require the application of other rules or another attribution of jurisdictional competence, and that such provisions cannot be set aside by contract. In particular, we draw your attention to the fact that the law applicable in your country of residence located in one of the member countries of the European Union may provide for more favourable rules of law which will be imposed on TCHILEE if you so request.

You, like us, agree to submit any dispute between you and us to the non-exclusive jurisdiction of the French courts. In this respect, you may bring an action to enforce your rights in France or in the European Union country in which you reside.

In the event of a dispute between you and TCHILEE, you have the possibility of resorting to a conventional mediation procedure or any other alternative dispute resolution method. The consumer mediator on which TCHILEE depends is the Tourism and Travel Mediator (https://www.mtv.travel/). You can contact the tourism and travel mediator at the following address: MTV Médiation Tourisme Voyage BP 80 303 75 823 Paris Cedex 17 .

The European Commission also provides an online dispute resolution platform which you can access here :

https://ec.europa.eu/consumers/odr/

 

20. Amendments

TCHILEE reserves the right to modify at its sole discretion the services, products and content offered by the site and its mobile application or to restrict access to them. The use of the site and the mobile application despite the notification of change implies acceptance of the changes implemented.

 

21. General provisions

In the event that any portion of these Terms and Conditions is held to be invalid or unenforceable under applicable law, including, without limitation, the warranty disclaimers and limitations of liability set forth above, the invalid or unenforceable provisions in question shall be deemed superseded by valid and enforceable provisions that most closely match the intent of the original provision, with the other terms of these Terms and Conditions remaining in full force and effect.

TCHILEE shall have the right to assign, transmit, subcontract or delegate rights, duties or obligations under these General Terms and Conditions of Use. Such right is not conferred upon you.

Should one or more provisions of these T&C be or become invalid in whole or in part, the other provisions shall remain unaffected. Both contracting parties undertake to apply, if necessary, a new provision which, from an economic point of view, comes as close as possible to the invalid provision.

These Terms and Conditions of Use are available in French and English. The specific version of the General Conditions of Use to which you signify your agreement will not be individually kept by TCHILEE.

As this site is not updated on a regular basis, it should not, therefore, be declared as an editorial product under any legal system whatsoever.

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