Terms of Use of the Nohô Platform

Warning: this text is a working draft translated by a non-lawyer assistant from the French original. It must not be published as-is without validation by a legal professional. The French version prevails as the legally binding document. This English translation is provided for informational purposes only.

Important: These Terms of Use are governed by French law. References to legal provisions refer to the French legal framework (Consumer Code, Civil Code, GDPR as applied in France, etc.).

The GUESTRAVELER matchmaking service (hereinafter the “SERVICE”) is provided on the NOHÔ platform (hereinafter “NOHÔ” or the “PLATFORM”) by GUESTRAVELER, a simplified single-shareholder joint-stock company (SASU) with share capital of 13,000 euros, registered under number 821 903 374 with the Caen Trade and Companies Register, whose registered office is located at 73 rue Marie Curie, 14200 Hérouville-Saint-Clair, France, and whose intra-community VAT number is: FR 10 821 903 374.

Last updated: [DATE OF VALIDATION BY LEGAL COUNSEL]

Table of Contents

• PRELIMINARY ARTICLE: DEFINITIONS
• ARTICLE 1: SCOPE OF THE TERMS OF USE
• ARTICLE 2: GENERAL PRESENTATION OF THE SERVICE
• ARTICLE 3: TERMS AND CONDITIONS OF ACCESS TO THE PLATFORM
• ARTICLE 4: TERMS AND CONDITIONS OF ACCESS TO THE SERVICE
• ARTICLE 5: TERMS AND CONDITIONS FOR BOOKING A PASSION SHARING EXPERIENCE
• ARTICLE 6: FINANCIAL TERMS OF A PASSION SHARING EXPERIENCE
• ARTICLE 7: INFORMATION ON TAX AND SOCIAL OBLIGATIONS
• ARTICLE 8: RESPECTIVE OBLIGATIONS OF USERS, MEMBERS AND GUESTRAVELER
• ARTICLE 9: EXCLUSION OF A USER OR MEMBER, REMOVAL OR SUSPENSION OF A LISTING
• ARTICLE 10: INTELLECTUAL PROPERTY RIGHTS
• ARTICLE 11: PROTECTION OF PERSONAL DATA
• ARTICLE 12: WARRANTIES OF USERS AND MEMBERS
• ARTICLE 13: WARRANTIES OF GUESTRAVELER
• ARTICLE 14: LIABILITY OF USERS AND MEMBERS
• ARTICLE 15: LIABILITY OF GUESTRAVELER
• ARTICLE 16: FORCE MAJEURE
• ARTICLE 17: NOTICES
• ARTICLE 18: REPORTS
• ARTICLE 19: INDEPENDENCE OF THE PARTIES
• ARTICLE 20: NON-WAIVER
• ARTICLE 21: DISPUTE RESOLUTION

Preliminary Article: Definitions

When used in capital letters, the following terms, whether in the singular or plural, have the following meanings:

LISTING: refers to a proposal for a PASSION SHARING EXPERIENCE issued by a Host and its characteristics (location, date, content, particularities).

LOGIN CREDENTIALS: refers to a MEMBER’s identifiers and passwords that allow the MEMBER to access their ACCOUNT and that the MEMBER agrees to keep confidential.

REVIEWS: refers to comments published by a MEMBER about their PASSION SHARING EXPERIENCE. REVIEWS are published under the responsibility of the person who submits them. However, GUESTRAVELER may retroactively delete a REVIEW that does not comply with applicable legislation and/or regulations, as soon as it becomes aware of such non-compliance.

ACCOUNT: refers to the SERVICE interface, hosted on the PLATFORM, in which all DATA provided by a MEMBER is centralized.

HOST COMPENSATION: an amount of thirty (30) euros, deducted from the BOOKING FEE paid to STRIPE by a NOMAD for a PASSION SHARING EXPERIENCE, transferred to the HOST by STRIPE.

DATA: refers to personal data of a USER and/or a MEMBER within the meaning of Article 4 of the GDPR, namely “any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.” For MEMBERS, this includes in particular first name, last name, postal and email addresses, photograph, date of birth, phone number and any other information entrusted to the PLATFORM (including bank details for HOSTS).

PLATFORM FEE: an amount of five (5) euros, deducted from the BOOKING FEE paid to STRIPE by a NOMAD for a PASSION SHARING EXPERIENCE, transferred to GUESTRAVELER by STRIPE.

HOST: refers to a MEMBER using the SERVICE not acting in the course of any commercial activity and offering a PASSION SHARING EXPERIENCE to one or more NOMAD(S).

MEMBER: refers to any USER who is a natural person aged 18 years or older, acting for non-professional purposes within the meaning of the preliminary article of the French Consumer Code, who registers on the PLATFORM in order to benefit from the SERVICE provided by GUESTRAVELER. MEMBERS interact with each other as consumers. Provisions applicable to USERS also apply to MEMBERS, but not vice versa.

NOMAD: refers to a MEMBER using the SERVICE not acting in the course of any commercial activity and wishing to subscribe to a PASSION SHARING EXPERIENCE provided by a HOST.

PASSION SHARING EXPERIENCE: refers to a service provided by a HOST whose purpose is to share their passion, experience or one of their personal, professional or associative activities in order to introduce a place, professional expertise, activity or interest (non-exhaustive list).

BOOKING FEE: the price of the PASSION SHARING EXPERIENCE (taxes and fees included), which the NOMAD pays to STRIPE, i.e. thirty-five euros (35 €) per PASSION SHARING EXPERIENCE and per NOMAD, of which thirty euros (30 €) are paid to the HOST as HOST COMPENSATION and five euros (5 €), corresponding to the PLATFORM FEE, are paid to GUESTRAVELER directly by STRIPE.

PLATFORM: refers to the platform accessible to all USERS via the eponymous smartphone application available on the Apple Store and Google Play (hereinafter the “APP”) and via the website accessible at www.noho.world (hereinafter the “WEBSITE”). It is also referred to as NOHÔ.

UNIVERSE: refers to each category, each type of PASSION SHARING EXPERIENCE offered on the PLATFORM, such as: Sport, Art, Nature, Craft, Tourism.

CATEGORIES: refers to the categories in which LISTINGS may be classified on the PLATFORM, namely: artistic, craft, nature, sport, tourism, it being specified that this list of CATEGORIES may evolve at GUESTRAVELER’s discretion based on the LISTINGS offered.

SERVICE: refers to the matchmaking service accessible to MEMBERS who have previously registered on the PLATFORM by creating their ACCOUNT in order to offer or benefit from PASSION SHARING EXPERIENCES.

REPORT: refers to any notification of unlawful content (or behavior) identified on the PLATFORM or the SERVICE or during PASSION SHARING EXPERIENCES, by a USER or a MEMBER, made to GUESTRAVELER in accordance with the procedures set out in Article 18.

STRIPE: refers to the secure online payment platform STRIPE, whose general terms are accessible at the Stripe Services Agreement, and to which NOMADS pay their BOOKING FEE, which is then allocated by that platform between the HOST and GUESTRAVELER without intervention by GUESTRAVELER.

USER: refers to any natural person who accesses and browses the PLATFORM.

Article 1: Scope of the Terms of Use

These general terms of use (hereinafter the “Terms of Use”) govern the relationships and are legally binding between GUESTRAVELER and the USERS and/or MEMBERS of the PLATFORM, as well as between NOMADS and HOSTS (and MEMBERS), throughout the duration of the availability of the PLATFORM and the SERVICE. Use of the PLATFORM and/or the SERVICE is subject to full and complete acceptance of the Terms of Use. USERS and/or MEMBERS who do not accept the provisions of the Terms of Use (in whole or in part) are not authorized to use the PLATFORM and/or the SERVICE.

GUESTRAVELER may modify the Terms of Use at any time and at its sole discretion, in particular to adapt to its technical environment and to comply with regulatory developments. In such cases, GUESTRAVELER will inform USERS in advance by publishing the modified Terms of Use on the PLATFORM and/or by using another means of communication (such as, for example, an email sent to MEMBERS), with mention of the date of the update.

Continued use of the PLATFORM and the SERVICE after publication of the modified Terms of Use constitutes full and complete acceptance by USERS of the new Terms of Use.

USERS who do not accept the modified Terms of Use will no longer be authorized to use the PLATFORM and, where applicable, the SERVICE.

Article 2: General Presentation of the Service

NOHÔ aims to connect, within the territory of the European Union, a HOST offering a PASSION SHARING EXPERIENCE with one or more NOMAD(S) seeking to benefit from it.

Sharing, respect for others and kindness are fundamental values of the SERVICE for GUESTRAVELER.

GUESTRAVELER offers, on its PLATFORM, a SERVICE that allows its MEMBERS to offer or benefit from a PASSION SHARING EXPERIENCE by prior reservation.

Each registered HOST who wishes to do so may offer a PASSION SHARING EXPERIENCE that they list in one of the PLATFORM’s CATEGORIES and that is visible to all USERS. USERS’ attention is drawn to the non-commercial and non-professional purpose, for HOSTS, of the PASSION SHARING EXPERIENCES offered on the PLATFORM.

For each PASSION SHARING EXPERIENCE offered, a LISTING containing the following information is made available by HOSTS: location, date, passion sharing offered, accessibility for persons with reduced mobility, tips.

USERS wishing to benefit from a PASSION SHARING EXPERIENCE must first register as a MEMBER.

The CATEGORIES and geolocation of the PASSION SHARING EXPERIENCES offered allow a NOMAD to choose the PASSION SHARING EXPERIENCE they wish to benefit from at a time that suits them and at the location where they are or where they wish to go.

The NOMAD can view all available PASSION SHARING EXPERIENCES on an interactive map. Once they have selected a PASSION SHARING EXPERIENCE and, where applicable, a time slot (when several time slots are offered by the HOST), their request for a PASSION SHARING EXPERIENCE is sent to the HOST, who may then confirm acceptance, except in cases of force majeure or inability to provide the PASSION SHARING EXPERIENCE at the requested time, in which case the HOST will propose an alternative time.

Upon confirmation of the HOST’s acceptance, by SMS and/or email, the NOMAD is invited to pay the BOOKING FEE online. The agreement between the HOST and the NOMAD constitutes a civil contract to which GUESTRAVELER is not a party.

Once the BOOKING FEE has been paid to STRIPE, the NOMAD may communicate with the HOST via an internal messaging system available on the PLATFORM and refine the terms of the selected PASSION SHARING EXPERIENCE (in particular the meeting location, the exact time, the number of persons, limited to 6 per PASSION SHARING EXPERIENCE).

The HOST receives from STRIPE the HOST COMPENSATION due to them by bank transfer within forty-eight (48) hours from the end of the PASSION SHARING EXPERIENCE as validated by the HOST and the NOMAD.

At the end of the PASSION SHARING EXPERIENCE, the NOMAD is invited to leave a rating and a review regarding the HOST on the PLATFORM, via the APP or the WEBSITE, it being specified that these will be accessible to USERS.

Article 3: Terms and Conditions of Access to the Platform

Any USER complying with these Terms of Use may access the PLATFORM.

USERS are encouraged to share with GUESTRAVELER their experiences and suggestions regarding their browsing on the PLATFORM and more generally on the APP and WEBSITE, in a constant effort of improvement, by email to contact@noho.world.

If a USER wishes to offer or benefit from a PASSION SHARING EXPERIENCE, they must access the SERVICE.

Article 4: Terms and Conditions of Access to the Service

4.1 Eligibility Conditions

The SERVICE is intended solely for persons of legal age, being at least 18 years old. Any access or use of the SERVICE by a person under 18 years of age is prohibited. By accessing or using the SERVICE, the MEMBER warrants that they are at least 18 years old.

Under penalty of exclusion of the MEMBERS concerned, the SERVICE has as its exclusive purpose the offering of PASSION SHARING EXPERIENCES strictly compliant with the values of the PLATFORM, good morals and public order. Similarly, any proselytizing activity is strictly prohibited.

4.2 Access Terms Applicable to All MEMBERS

Access to the SERVICE requires prior creation of a MEMBER ACCOUNT by USERS.

MEMBERS may have only one active ACCOUNT.

Creation of a MEMBER ACCOUNT allows MEMBERS to interact with each other from their ACCOUNT.

USERS who wish to become MEMBERS create their ACCOUNT by completing a form available on the PLATFORM and providing the required DATA and personal information, which must be accurate, complete, truthful and up to date. They warrant the relevance and accuracy of their DATA and are solely responsible toward GUESTRAVELER, MEMBERS and third parties for any error, omission or negligence in this respect.

When creating their ACCOUNT, USERS also create their LOGIN CREDENTIALS.

LOGIN CREDENTIALS are strictly confidential and for personal use only. It is the MEMBER’s responsibility to take appropriate measures to prevent third-party access. Accordingly, MEMBERS undertake not to communicate them to anyone in any way whatsoever. MEMBERS are solely responsible for their safekeeping and use and shall be responsible for the acts and behavior of any person using their ACCOUNT, even without their knowledge. In addition, MEMBERS undertake to immediately change their LOGIN CREDENTIALS as soon as they have reason to believe that confidentiality has been compromised or that an unauthorized person has had or is likely to have had access to their LOGIN CREDENTIALS. MEMBERS are required to inform GUESTRAVELER immediately, which will suspend any possibility of access to the SERVICE until the MEMBER creates new LOGIN CREDENTIALS.

In addition, GUESTRAVELER reserves the right to require MEMBERS to change all or part of their LOGIN CREDENTIALS, in particular for regulatory, technical or security reasons, without MEMBERS being able to object in any way whatsoever.

In the event of provision of erroneous, incomplete, false or outdated DATA, as well as when an ACCOUNT has remained inactive for one (1) year, GUESTRAVELER may decide to suspend or delete the MEMBER’s ACCOUNT with immediate effect, in accordance with Article 9 of these Terms of Use. When an ACCOUNT has remained inactive for three (3) years, it will be automatically deleted if the MEMBER does not respond to the request that GUESTRAVELER will send them, before the end of this three-year period, to ask whether they wish to keep their ACCOUNT.

4.3 Specific Terms Applicable to HOSTS

In their ACCOUNT, HOSTS can view all their DATA as well as their LISTINGS, past and upcoming PASSION SHARING EXPERIENCES, and contact details of NOMADS registered for upcoming EXPERIENCES (for the latter, only until the end of the PASSION SHARING EXPERIENCE). GUESTRAVELER will make available on the PLATFORM and visible to USERS only the following DATA of the HOST:

• First name
• Initial(s) of the last name
• Photograph
• Description of the PASSION SHARING EXPERIENCE offered as entered by the HOST in the LISTING.

In this regard, a HOST wishing to offer a PASSION SHARING EXPERIENCE must provide the following information in their ACCOUNT regarding the PASSION SHARING EXPERIENCE offered:

• Title of the PASSION SHARING EXPERIENCE
• Photograph related to the PASSION SHARING EXPERIENCE
• Address of the PASSION SHARING EXPERIENCE
• Description of the PASSION SHARING EXPERIENCE
• Tips related to the PASSION SHARING EXPERIENCE
• Whether the PASSION SHARING EXPERIENCE is accessible to children (accompanied by an adult)
• Whether the sharing is accessible to persons with reduced mobility
• Duration of the PASSION SHARING EXPERIENCE
• Maximum number of NOMADS accepted, including children where applicable
• Whether the HOST is a certified sports educator for PASSION SHARING EXPERIENCES that require it
• Language(s) spoken by the HOST

Article 5: Terms and Conditions of a Passion Sharing Experience

5.1 Publication of a Passion Sharing Experience LISTING by a HOST

PASSION SHARING EXPERIENCE LISTINGS are published by HOSTS themselves and under their sole responsibility.

Online PASSION SHARING EXPERIENCE LISTINGS remain valid, absent any specific duration, for as long as they appear on the PLATFORM.

Any MEMBER is authorized to publish a PASSION SHARING EXPERIENCE, subject to strict compliance with the Terms of Use. They alone choose the title of their LISTING and the CATEGORY in which they wish to have it published.

GUESTRAVELER does not classify or rank the LISTINGS, which are placed by HOSTS themselves among the proposed CATEGORIES. There is no capital link or remuneration of any kind between GUESTRAVELER and the MEMBERS using the SERVICE that could influence the ranking or classification of LISTINGS on the SERVICE or the PLATFORM.

GUESTRAVELER reserves the right to remove a LISTING or block an ACCOUNT in the event of use of the SERVICE not in compliance with the Terms of Use.

5.2 Booking of a Passion Sharing Experience by a NOMAD

Booking Steps

The NOMAD reviews the PASSION SHARING EXPERIENCES available on the PLATFORM and selects one. Once the PASSION SHARING EXPERIENCE is selected, the NOMAD chooses a date and time from those offered by the HOST on the PLATFORM. The HOST is informed by SMS, notification and email that a NOMAD wishes to book their PASSION SHARING EXPERIENCE. The NOMAD is informed by notification and email of the request sent to the HOST.

Before confirming the booking, the NOMAD has the possibility to check the details of their booking, return to previous pages to correct any errors or modify their booking.

The HOST has the option to confirm or refuse the time slot. If the two MEMBERS cannot agree on a time, the booking of the PASSION SHARING EXPERIENCE will be canceled.

When the HOST accepts the request, the NOMAD is also informed by notification and email.

The NOMAD must then declare that they accept the Terms of Use, the Privacy Policy, and that they hold Civil Liability insurance. Once these acknowledgments are validated, they may pay for their PASSION SHARING EXPERIENCE. Their BOOKING FEE is payable in full upon confirmation of the booking and acceptance by the HOST.

Upon acceptance of their payment, the NOMAD receives a confirmation email with their PLATFORM FEE invoice and an invitation for their calendar. They are then connected with the HOST via an internal messaging system provided on the SERVICE by GUESTRAVELER.

The HOST receives a notification and an email informing them of the payment of the HOST COMPENSATION relating to their PASSION SHARING EXPERIENCE by the NOMAD. They will be paid by bank transfer within forty-eight (48) hours from the end of the PASSION SHARING EXPERIENCE.

No Right of Withdrawal

The PLATFORM allows a HOST to be contacted with a view to subscribing to a PASSION SHARING EXPERIENCE directly with the HOST. The SERVICE is therefore intended to operate on an immediate basis in most cases, thanks to geolocation and the characteristics of LISTINGS generally offered for a PASSION SHARING EXPERIENCE on short notice. These are, moreover, leisure activities that must be provided on a specific date or during a specific period.

Accordingly, and pursuant to Article L221-28, 12° of the French Consumer Code, which excludes the right of withdrawal for the provision of leisure activities that must be provided on a specific date or during a specific period, USERS are informed that the right of withdrawal cannot be exercised, which they formally accept and expressly waive by using the SERVICE.

Cancellation and Refund

If a NOMAD wishes to cancel a confirmed booking, they remain liable, except in cases of proven force majeure:

1. for the full BOOKING FEE if the cancellation occurs less than twenty-four (24) hours before the start of the PASSION SHARING EXPERIENCE. The same applies if they do not show up for the PASSION SHARING EXPERIENCE at the indicated time and location;
2. for the PLATFORM FEE only if the cancellation occurs more than twenty-four (24) hours before the start of the PASSION SHARING EXPERIENCE.

If a HOST cancels a confirmed booking or does not show up for the PASSION SHARING EXPERIENCE, the NOMAD will be fully refunded the BOOKING FEE charged to them.

5.3 Participation of the NOMAD in a Passion Sharing Experience

The HOST is solely responsible for the execution of any confirmed booking and for making available the booked PASSION SHARING EXPERIENCE through the SERVICE on the PLATFORM.

The NOMAD must arrive at the location and time agreed with the HOST. Before the PASSION SHARING EXPERIENCE, the HOST may ask the NOMAD to present identification.

Each MEMBER must comply with their other applicable obligations.

5.4 REVIEWS: Feedback on Passion Sharing Experiences

Both HOSTS and NOMADS may share feedback on completed PASSION SHARING EXPERIENCES with GUESTRAVELER.

GUESTRAVELER can be reached by email at contact@noho.world.

In addition, HOSTS and NOMADS may leave REVIEWS relating to PASSION SHARING EXPERIENCES on the SERVICE and PLATFORM, in compliance with legislative and regulatory provisions, including the rights of USERS and MEMBERS. REVIEWS must not, in particular, be disparaging, discriminatory or defamatory. GUESTRAVELER does not control or verify the content of REVIEWS, and USERS are therefore invited to verify the truthfulness of statements made.

Article 6: Financial Terms of a Passion Sharing Experience

6.1 Amount Due per Passion Sharing Experience

Each PASSION SHARING EXPERIENCE gives rise to payment by the NOMAD of a fixed BOOKING FEE of thirty-five (35) euros. This amount is allocated as follows: thirty (30) euros for the HOST and five (5) euros for GUESTRAVELER as PLATFORM FEE.

The amounts mentioned above are inclusive of all taxes, meaning they include all applicable tax or social contributions.

No other amount may be required by the HOST for any reason whatsoever.

6.2 Payment Methods for the Passion Sharing Experience

The following payment methods are accepted: VISA, AMEX, MASTERCARD.

GUESTRAVELER uses the STRIPE payment software platform, which is equipped with an online payment security system. The process of payment of the BOOKING FEE by the NOMAD and allocation of the HOST COMPENSATION and PLATFORM FEE is carried out by STRIPE and its financial partners without intervention by GUESTRAVELER.

By accepting these Terms of Use and using the STRIPE payment services for financial transactions relating to BOOKING FEES, HOST COMPENSATION and PLATFORM FEES, MEMBERS acknowledge that they are bound by the general terms of use and payment of the STRIPE system, accessible at the following address: Stripe Services Agreement.

Article 7: Information on Tax and Social Obligations

Tax and social regulations require matchmaking platforms to communicate clear and transparent information on the obligations incumbent on persons carrying out transactions through them. This article aims to provide HOSTS with the main reference points on this subject. It does not constitute tax or social advice; HOSTS remain solely responsible for determining and complying with the rules applicable to them.

7.1 General Principle of Taxability

The HOST COMPENSATION received by the HOST constitutes consideration for a service provided. As such, it is in principle subject to income tax from the first euro received, regardless of the total amount over the calendar year.

This taxability is independent of any obligation on the PLATFORM to transmit information to the tax administration (see Article 7.2 below). In other words, a HOST may be liable for tax on the HOST COMPENSATION received without such compensation having been transmitted by the PLATFORM to the tax administration.

7.2 Transmission of Information by the Platform to the Tax Administration

Pursuant to European Directive 2021/514, known as “DAC7,” transposed into French law under Articles 1649 ter A to 1649 ter E of the French General Tax Code, the PLATFORM is required to:

• collect the identifying information of HOSTS and verify its accuracy;
• transmit each year to the French tax administration a summary document indicating the identity of the HOST, the number and gross amount of transactions carried out through it during the calendar year, and the bank details to which the HOST COMPENSATION has been paid;
• send each HOST concerned, in January of each year, a copy of this summary document.

This automatic transmission obligation is triggered as soon as the HOST meets, during the calendar year, one of the following thresholds:

• 30 or more transactions carried out through the PLATFORM, or
• a gross cumulative amount exceeding 2,000 euros.

HOSTS’ attention is expressly drawn to the fact that these thresholds only determine the triggering of automatic transmission by the PLATFORM. They do not in any way condition the taxability of the HOST COMPENSATION received, which is governed by the general rules of tax law (see Article 7.1). The HOST remains required to declare their taxable income in accordance with the tax rules applicable to them, regardless of the number and amount of transactions carried out.

7.3 Applicable Tax Regime

Depending on the nature and volume of their activity, HOSTS may fall under different tax regimes, in particular:

• the micro-BIC regime (industrial and commercial profits) applicable, within certain turnover limits, to service provision of a commercial nature;
• the BNC (non-commercial profits) regime, applicable in particular to activities involving intellectual or artistic expertise.

These regimes may provide for flat-rate allowances, the terms and thresholds of which are set by tax regulations and are subject to change. HOSTS are invited to consult the official website www.impots.gouv.fr, and in particular the page dedicated to the collaborative economy, to learn the rules applicable to their particular situation and the relevant tax year.

7.4 Social Obligations and Risk of Reclassification

Depending on the volume and regularity of their activity, HOSTS may also be liable for social security contributions. A significant volume of activity, marked regularity or substantial income may lead the collection bodies (URSSAF) or the tax administration to consider the activity as professional, with the corresponding tax and social consequences, regardless of the qualification chosen by the HOST on the PLATFORM.

HOSTS are reminded that they face penalties under Article L132-2 of the French Consumer Code if they act on a professional basis while having presented themselves as consumers or non-professionals.

HOSTS are invited to consult the following official resources:

• www.impots.gouv.fr, regarding tax obligations: https://www.impots.gouv.fr/particuliers/economie-collaborative
• www.urssaf.fr, regarding social obligations: https://www.urssaf.fr/portail/home/espaces-dedies/activites-relevant-de-leconomie.html

7.5 No Advisory Role and Liability

GUESTRAVELER is neither a tax advisor nor a social security advisor. It does not provide personalized recommendations and cannot be held responsible for:

• tax and social declarations incumbent on the HOST;
• taxes, contributions or levies due on the HOST COMPENSATION received by the HOST;
• the remittance to the competent authority of any tax that would be included or collected by the HOST;
• any reclassification, by an administration or court, of an activity presented as non-professional.

HOSTS, whether resident or established in France or in another Member State of the European Union, undertake to verify, before offering a PASSION SHARING EXPERIENCE, the tax and social obligations applicable to them and to comply with them, including with regard to taxes that they should or should not include in their HOST COMPENSATION for tax and social collection purposes.

Article 8: Respective Obligations of Users, Members and GUESTRAVELER

8.1 Obligations Applicable to All USERS

In the context of using the PLATFORM, each USER undertakes not to disturb public order, to comply with applicable laws and regulations, to respect the rights of third parties and the provisions of the Terms of Use.

USERS shall indemnify GUESTRAVELER against any claim regarding the above provisions.

8.2 Obligations Applicable to All MEMBERS

In addition to obligations applicable to all USERS, MEMBERS undertake to:

• Update their ACCOUNT as often as necessary.
• Be honest and truthful in the information provided to GUESTRAVELER and, where applicable, to other MEMBERS and USERS (in particular regarding activities offered as part of a PASSION SHARING EXPERIENCE or regarding reviews left by NOMADS following a PASSION SHARING EXPERIENCE).
• Ensure compliance with applicable standards, third-party rights and GUESTRAVELER’s rights, and take responsibility for the editing of any content, whether written, visual or graphic, that they make available or distribute on the PLATFORM.
• Obtain, where applicable, the rights and authorizations, and pay the remuneration and royalties due to the holders of rights on works incorporated in LISTINGS or on messages posted by MEMBERS on the PLATFORM and SERVICE.
• Use the PLATFORM, the SERVICE and their ACCOUNT in accordance with the purpose described in these Terms of Use and not divert the purpose of the PLATFORM, the SERVICE and the ACCOUNT to commit crimes, offenses or violations punishable under the French Criminal Code or any other law.
• Participate in a PASSION SHARING EXPERIENCE by applying behavioral standards based, on the one hand, on moral values such as respect for others, courtesy, good faith, kindness, loyalty and, on the other hand, on safety objectives.
• Behave loyally and diligently toward GUESTRAVELER, USERS, other MEMBERS and third parties.
• Respect the DATA and privacy of third parties and MEMBERS, as well as the confidentiality of exchanges between and with MEMBERS.
• Refrain from disseminating defamatory, insulting or slanderous information, or information contrary to human dignity, and, more generally, refrain from posting content contrary to applicable laws, regulations, other applicable provisions in force, morality, or infringing third-party rights.
• Not attempt to divert USERS or other MEMBERS to another site or a competing service.
• Not attempt to harm the automated data processing systems implemented for the online availability and maintenance of the PLATFORM and SERVICE, in particular within the meaning of Articles 323-1 et seq. of the French Criminal Code.
• USE THE SERVICE EXCLUSIVELY FOR NON-PROFESSIONAL AND NON-COMMERCIAL PURPOSES.

MEMBERS shall indemnify GUESTRAVELER against any claim regarding the above provisions.

8.3 Obligations Applicable Specifically to HOSTS

In addition to the obligations set out above, HOSTS offering a PASSION SHARING EXPERIENCE undertake to comply with the following conditions:

• Identify themselves clearly with accurate and up-to-date information on the PLATFORM.
• Certify that they are not acting on a professional basis, even where the PASSION SHARING EXPERIENCE offered involves professional expertise or a trade. HOSTS are reminded that they face penalties under Article L132-2 of the French Consumer Code if they act on a professional basis while having presented themselves as consumers or non-professionals.
• Hold valid civil liability insurance covering damage to third parties.
• Hold the necessary permits when using motorized or non-motorized equipment, or specific equipment.
• Ensure compliance with all necessary safety rules so as not to endanger the NOMAD(S) accompanying them in their PASSION SHARING EXPERIENCE.
• Provide a license from their Federation or any equivalent document required at the time of publication of the PASSION SHARING EXPERIENCE for those claiming qualifications and/or skills relating to regulated activities (examples: sports educator, guide, instructor, etc.). With specific regard to the supervision of physical and sports activities against remuneration, it is recalled that the French Sports Code imposes specific obligations (professional card, diploma, dedicated insurance), which are independent of the non-professional status declared on the PLATFORM.
• Update their LISTINGS in a timely manner on the PLATFORM.

8.4 Obligations Applicable Specifically to NOMADS

In addition to the obligations set out above, each NOMAD wishing to participate in a PASSION SHARING EXPERIENCE:

• Agrees to justify their identity to the HOST at the time of the PASSION SHARING EXPERIENCE if the HOST so requests.
• Declares and undertakes, both for themselves and for their accompanying persons, to be formally covered by their own civil liability insurance company for any damage that may occur during a PASSION SHARING EXPERIENCE, of any nature whatsoever. By choosing to use the PLATFORM and SERVICE as a NOMAD, the NOMAD accepts to assume any risks associated with a PASSION SHARING EXPERIENCE. If the NOMAD is not covered by their insurance company for the PASSION SHARING EXPERIENCE subscribed, GUESTRAVELER encourages them, prior to any booking of a PASSION SHARING EXPERIENCE, to take out insurance covering them against any physical and material damage.

8.5 GUESTRAVELER’s Obligations

In addition to obligations otherwise incumbent on it, GUESTRAVELER undertakes to correct any errors relating to the PLATFORM and/or SERVICE that may be reported to it by email sent to contact@noho.world.

Similarly, subject to the legal and regulatory obligations incumbent on it, in particular to respond to any administrative or judicial requisition, GUESTRAVELER undertakes to process requests for exercise of rights relating to personal DATA under the conditions provided for by the GDPR and the French Data Protection Act (see Privacy Policy). Any deletion request may be sent by email to contact@noho.world.

Article 9: Exclusion of a User or Member, Removal or Suspension of a Listing for Non-Compliance with the Terms of Use

GUESTRAVELER may suspend or terminate USER access to and use of the PLATFORM and SERVICE, temporarily or permanently, at its sole discretion, at any time and without notice, if the USER does not comply with the provisions of these Terms of Use, in particular the obligations and warranties incumbent on them.

In the event of non-compliance with these Terms of Use or any unlawful conduct, GUESTRAVELER is entitled to remove from the PLATFORM and SERVICE, immediately and without notice, the disputed LISTINGS, REVIEWS and content, cancel ongoing or confirmed PASSION SHARING EXPERIENCE bookings and/or delete or suspend the ACCOUNT of a MEMBER, refuse any new opening of an ACCOUNT by said MEMBER, and take any other appropriate measures against them, whether or not it has been informed of the situation through a REPORT. GUESTRAVELER will inform the person concerned of the grounds, terms and consequences (in terms of duration, subject matter and, where applicable, territory) as well as the reasons that led to its decision, in accordance with the provisions of Article 17 of EU Regulation 2022/2065 of October 19, 2022.

The person concerned will have a period of six (6) months from the day they are informed of the decision to submit a possible appeal to contact@noho.world against GUESTRAVELER’s decision, in accordance with Article 20 of EU Regulation 2022/2065 of October 19, 2022.

In the event that GUESTRAVELER decides not to terminate or suspend the activities of a MEMBER whom it considers non-compliant with these Terms of Use but not harmful to the legitimate interests of other MEMBERS or USERS, it may nevertheless inform them and allow them to remedy the situation within a short period.

In the event of suspicion of a criminal offense committed or likely to be committed by a USER or MEMBER, GUESTRAVELER will be entitled to promptly inform the criminal and judicial authorities.

Article 10: Intellectual Property Rights

10.1 GUESTRAVELER’s Intellectual Property Rights

GUESTRAVELER is the exclusive holder of all intellectual property rights relating to the PLATFORM and SERVICE, as well as to the elements that compose them, without prejudice to the rights of any of its licensors. GUESTRAVELER is solely entitled to protect them as it sees fit and in particular to make any filings it deems useful for their protection.

Subject to compliance with these Terms of Use, USERS have only a simple right of use of the PLATFORM and, for MEMBERS, of the SERVICE, excluding any property right on the interface, its content and its presentation. GUESTRAVELER thus grants USERS a limited, non-exclusive, non-transferable, non-assignable and free right of use allowing them to download and install one (1) copy of the APP on one mobile device that the USER owns or holds, as well as to run this copy of the APP solely for personal and non-commercial purposes. GUESTRAVELER reserves all rights related to the PLATFORM and SERVICE that are not expressly granted to USERS under these Terms of Use.

USERS, including MEMBERS, acknowledge that the PLATFORM and SERVICE are protected by copyright, trademark law, database rights and other applicable intellectual property rights. Use of the PLATFORM and SERVICE does not grant USERS (including MEMBERS) any intellectual property rights over any element whatsoever of said PLATFORM or SERVICE, whether it be the software and technical tools made available by GUESTRAVELER or the protected elements appearing on the PLATFORM and SERVICE (text, images, trademarks, characters, designs and models, logos, databases, etc.), which remain the property of GUESTRAVELER.

USERS, including MEMBERS, agree not to delete, modify or hide any copyright notice, trademark notice or other proprietary notice incorporated into or accompanying the PLATFORM and/or SERVICE.

USERS and in particular MEMBERS also refrain from reproducing, representing, distributing, marketing, modifying or licensing all or part of any element of the PLATFORM and/or SERVICE, in any manner whatsoever, without the express, written and prior consent of GUESTRAVELER. They also refrain from accessing the WEBSITE, APP, PLATFORM and SERVICE or disrupting their operation fraudulently, or from using robots, scrapers, crawlers or other means to hack, circumvent, remove or in any way harm GUESTRAVELER’s technology. Any use not expressly authorized by GUESTRAVELER may give rise to legal proceedings.

No provision of these Terms of Use authorizes USERS, including MEMBERS, to: (i) copy, modify or create derivative works from the PLATFORM and/or SERVICE; (ii) distribute, transfer, assign, license, lend or lease them to a third party; or (iii) decompile or disassemble them.

Any use of the PLATFORM and/or SERVICE that does not comply with these Terms of Use will automatically result in immediate termination of this authorization and will imply the permanent prohibition of accessing the PLATFORM and/or using the SERVICE, on any basis whatsoever, without prejudice to GUESTRAVELER’s right to initiate legal proceedings in the event of infringement of its intellectual property rights, in particular due to the usurpation, imitation or counterfeiting in any manner whatsoever of its intellectual property rights, including its technology, its logo and any other creative elements (characters, photographs, etc.).

10.2 MEMBERS’ Intellectual Property Rights

Rights over the images, photographs, illustrations and texts published by HOSTS, as well as REVIEWS left by MEMBERS, susceptible of intellectual property protection, are the property of their authors and are published under their responsibility. It is up to them to verify that, by publishing them, MEMBERS do not infringe any intellectual property rights of third parties or any privative rights of third parties (such as image rights, in particular). To the extent necessary, when they are protected or susceptible of protection by any intellectual property right or other privative right (such as image rights), USERS and MEMBERS publishing LISTINGS and/or REVIEWS thereby grant GUESTRAVELER the right to use them on the PLATFORM and SERVICE for the entire duration during which said LISTINGS and REVIEWS are online. It is hereby recalled that in the event of a REPORT of content (LISTING or REVIEW) that appears to violate applicable regulations or third-party rights, GUESTRAVELER will be entitled to temporarily suspend or delete said disputed content.

10.3 Limited Rights of USERS

USERS and, in particular, MEMBERS refrain from using, displaying, copying or reusing the PLATFORM and/or SERVICE, or any data or element thereof, the name “GUESTRAVELER” or the name “GUESTRAVELER Company,” the NOHÔ name or logo and its associated designs, the domain name www.noho.world with any other extension, and more generally any trademark, logo, character, photograph, visual, drawing, illustration or other information or data belonging to GUESTRAVELER, as well as the layout and design of any page or form contained in a page, except with express prior written authorization from GUESTRAVELER. The same applies to protected elements belonging to MEMBERS unless they have previously obtained their written authorization.

USERS and MEMBERS also refrain from operating, filing, registering or offering a platform and/or services similar to those of the PLATFORM and/or SERVICE, or any of their elements, throughout the duration of the PLATFORM and SERVICE, insofar as they could infringe on GUESTRAVELER’s rights.

Article 11: Protection of Personal Data

GUESTRAVELER has established a Privacy Policy for USERS and in particular MEMBERS, whether HOSTS or NOMADS.

This Privacy Policy addresses the manner in which GUESTRAVELER processes their DATA as well as their obligation to respect the DATA of other USERS and MEMBERS.

It is accessible at: Privacy Policy.

A specific section concerning cookies is accessible at: Privacy Policy.

USERS are invited to read this Privacy Policy carefully in order to use the WEBSITE or APP and prior to any registration as MEMBER, HOST or NOMAD, in order to understand how GUESTRAVELER collects, processes, uses and stores their DATA and what their rights are.

USERS who do not agree that GUESTRAVELER collects, processes, uses and stores their DATA in this manner are invited to leave the WEBSITE and APP.

Article 12: Warranties of Users and Members

USERS and MEMBERS warrant that they understand all the provisions of these Terms of Use and that they will comply with them at all times, as well as with the legal and regulatory provisions applicable to them.

They warrant in particular that they will not post any REVIEW and will not adopt any behavior, nor speak during PASSION SHARING EXPERIENCES any word that may be disrespectful, insulting, defamatory, disparaging, misleading, violent, hateful or inciting to hatred or violence, contrary to good morals, racist, xenophobic, discriminatory, illegal, potentially obscene or constituting sexual harassment or otherwise infringing applicable regulations and third-party rights.

They warrant that they will not use the PLATFORM or SERVICE for professional, commercial or profit-making purposes, in any manner whatsoever.

They warrant that they will not directly or indirectly infringe on the rights of other USERS, other MEMBERS and, more generally, third parties, nor on GUESTRAVELER’s rights, in particular its image, its rights and tangible and intangible property, including the PLATFORM, SERVICE and supporting systems.

MEMBERS and in particular HOSTS additionally warrant that they will personally receive the NOMADS and will provide the PASSION SHARING EXPERIENCES offered in the LISTINGS, and that they will not publish misleading, erroneous or misleading information that could mislead USERS and in particular potential NOMADS. They also warrant that they will obtain, where applicable, the authorizations, rights and payment of remuneration and royalties due regarding the use of texts, photographs and other illustrations and visuals uploaded to promote their PASSION SHARING EXPERIENCE LISTING. In particular, they warrant, where applicable, that they are duly authorized to publish photographs representing the image of persons and protected property.

They shall indemnify GUESTRAVELER against any claim in this respect.

The nature of PASSION SHARING EXPERIENCES is that of a service provided between individuals, on a non-professional basis. MEMBERS are informed that the provisions of the statutory warranty of conformity provided for in Articles L217-3 et seq. of the French Consumer Code do not apply to this relationship between non-professionals. Any recourse between MEMBERS falls under the general law of contracts and civil liability.

Article 13: Warranties of GUESTRAVELER

GUESTRAVELER makes the PLATFORM and SERVICE available in compliance with applicable rules and uses reasonable means to ensure their proper functioning. GUESTRAVELER however provides no specific warranty regarding the full reliability of content posted by MEMBERS or the suitability of the PLATFORM or SERVICE for a particular purpose determined by a USER. Mandatory statutory warranties, in particular under consumer law, remain fully in force.

Article 14: Liability of Users and Members

All USERS and MEMBERS are responsible for their own actions, negligence or omissions, as well as those of persons authorized to participate in PASSION SHARING EXPERIENCES.

USERS (including MEMBERS) are solely responsible for their use of the PLATFORM, SERVICE and tools made available by GUESTRAVELER (in particular the APP and WEBSITE). This means that USERS (and in particular MEMBERS) assume their own and sole responsibility for the manner in which they use the PLATFORM and SERVICE and for the commitments they make toward other MEMBERS, particularly during PASSION SHARING EXPERIENCES. For information, Article 1240 of the French Civil Code provides: “Any human act which causes damage to another obliges the person by whose fault it occurred to make reparation for it.”

MEMBERS are also informed of the consequences of failure to comply with their contractual obligations under Articles 1101 et seq. of the French Civil Code.

MEMBERS and USERS shall be liable for their breaches and shall indemnify other MEMBERS and USERS, and/or GUESTRAVELER, for any costs, damages and losses resulting therefrom.

Article 15: Liability of GUESTRAVELER

15.1 Technical Liability

GUESTRAVELER is a technical intermediary in the context of matching MEMBERS.

As such, GUESTRAVELER undertakes to use its best efforts to secure access and ensure continuity of access to and use of the PLATFORM, 7 days a week and 24 hours a day, except in cases of force majeure or the occurrence of an event beyond GUESTRAVELER’s control, and subject to any breakdowns and maintenance work necessary for the proper functioning of the PLATFORM. However, GUESTRAVELER cannot in any way be held liable for any interruption of all or part of the PLATFORM whatever the cause, duration or frequency.

GUESTRAVELER’s liability is engaged under the conditions of general law. Any limitations do not apply to cases of gross negligence or willful misconduct, nor to bodily injury, nor to breaches of mandatory consumer rights.

15.2 Limited Liability as a Platform

GUESTRAVELER provides a PLATFORM allowing USERS who wish to become MEMBERS and its MEMBERS to offer or benefit from PASSION SHARING EXPERIENCES through the SERVICE on which MEMBERS register, HOSTS may post LISTINGS and NOMADS may choose to subscribe to one or more PASSION SHARING EXPERIENCE(S) in exchange for a BOOKING FEE.

GUESTRAVELER recalls that it is not in a position to control the identity of MEMBERS, the PASSION SHARING EXPERIENCE LISTINGS or the conduct of PASSION SHARING EXPERIENCES. GUESTRAVELER is therefore not a guarantor of any MEMBER, any LISTING, any PASSION SHARING EXPERIENCE.

The DATA relating to MEMBERS that appears on the SERVICE is provided by them when they complete their profile. GUESTRAVELER therefore provides no warranty and assumes no responsibility for the accuracy, timeliness, completeness or content of DATA relating to MEMBERS, whether HOSTS or NOMADS, nor for the content of LISTINGS or REVIEWS, nor for the quality of PASSION SHARING EXPERIENCES.

Its role is that of a PLATFORM offering a SERVICE limited to matching MEMBERS and providing access to the PLATFORM and SERVICE.

It therefore assumes the role of a platform connecting natural persons in the context of their non-professional and non-commercial activities within the meaning of applicable regulations. As such, GUESTRAVELER pays attention to the notifications and REPORTS it receives from USERS and in particular to those that MEMBERS may send it following their experience of a PASSION SHARING EXPERIENCE.

In accordance with the provisions of EU Regulation 2022/2065 on digital services of October 19, 2022, and French Law No. 2004-575 of June 21, 2004, for confidence in the digital economy, as amended by Law No. 2024-449 of May 21, 2024, GUESTRAVELER has implemented mechanisms allowing any USER or MEMBER to report to it the presence, within the SERVICE or PLATFORM, of specific pieces of information that the USER or MEMBER considers to be unlawful content. These mechanisms are easily accessible and easy to use and allow the submission of notifications exclusively by electronic means in accordance with Article 18 below.

The notification of manifestly unlawful content must be made through the technical mechanism (icon) available on the PLATFORM or by email to contact@noho.world, which does not prevent the USER or MEMBER concerned from also sending a notification by registered mail with acknowledgment of receipt to the following address: GUESTRAVELER, 73 rue Marie Curie, 14200 Hérouville-Saint-Clair, France.

Thus, in the event that a USER or MEMBER becomes aware on the PLATFORM of acts contrary to good morals, acts inciting proselytizing, racial hatred, of a child pornography nature, and more generally of unlawful connotation and likely to infringe human dignity, they undertake to alert GUESTRAVELER and to provide the information enabling identification of the acts and/or their author by clicking on the button made available on the PLATFORM for this purpose or by making a REPORT in accordance with Article 18 below.

Such REPORTS are deemed to give rise to effective knowledge or awareness of the specific piece of information concerned when they enable GUESTRAVELER to identify the illegality of the activity or information concerned without a detailed legal examination.

When the REPORT contains the electronic contact details of the individual or entity that submitted it, GUESTRAVELER shall promptly send an acknowledgment of receipt of the REPORT to that USER or MEMBER.

GUESTRAVELER also promptly notifies them of its decision regarding the information to which the REPORT relates, while providing information on the possibilities of appeal against that decision.

GUESTRAVELER takes its decision regarding the information to which REPORTS relate in a timely, diligent, non-arbitrary and objective manner.

15.3 No Liability for the Use of the Platform and Service by Users and Members

GUESTRAVELER provides the SERVICE without warranties other than those provided by law. In particular, GUESTRAVELER does not warrant that the contact details of HOSTS indicated on the PLATFORM or SERVICE are free from error. GUESTRAVELER is also not responsible for the PASSION SHARING EXPERIENCES provided by HOSTS, its role consisting exclusively in making available a platform allowing MEMBERS to enter into contact and communicate with each other.

GUESTRAVELER is not a party to any agreement made between MEMBERS, who act exclusively in their own name and on their own behalf. Any agreement made between a HOST and a NOMAD is binding only on the relationship between that HOST and that NOMAD.

15.4 Links to Third-Party Sites

The PLATFORM or SERVICE may contain links to third-party websites. These links are provided for informational purposes only. GUESTRAVELER has neither control nor editorial responsibility over the content of these websites. The USER acknowledges that consultation of these third-party sites is at their own initiative and is governed by the terms applicable to said sites.

15.5 Nature and Extent of Liability

Subject to mandatory provisions of consumer law and cases of bodily injury, gross negligence or willful misconduct, GUESTRAVELER’s liability, if engaged, may only cover direct, foreseeable damages actually suffered by the USER or MEMBER, to the exclusion of indirect damages such as loss of profits, loss of data or business interruption. These limitations do not apply in cases where the law requires full compensation.

Article 16: Force Majeure

GUESTRAVELER cannot be held liable in the event of force majeure, within the meaning of Article 1218 of the French Civil Code. Any malfunction of telecommunications networks (in particular the internet) is assimilated to force majeure. USERS are informed of the risks inherent in telecommunications networks, including the possibility of various failures. GUESTRAVELER cannot be held liable in this respect.

Article 17: Notices

Any notice provided for by these Terms of Use will be made by simple email to the following address contact@noho.world, which constitutes the single point of contact for any request for information, notification of complaint or REPORT relating to these Terms of Use, which is formally accepted by USERS (including MEMBERS) who may also send a registered letter with acknowledgment of receipt, or an electronic registered letter, to the registered office of GUESTRAVELER as indicated at the beginning of these Terms of Use, specifying “SERVICE NOHÔ.”

Article 18: Reports

It is recalled that GUESTRAVELER is in no way required to verify the content of LISTINGS and REVIEWS. However, GUESTRAVELER reserves the right to carry out voluntary checks to examine whether a LISTING offers illegal activities or whether a REVIEW or LISTING contains elements contrary to applicable legislative or regulatory provisions in force or infringing GUESTRAVELER’s rights.

Furthermore, any USER or MEMBER has, in addition to the right to take any action such as contacting local authorities or filing a complaint, the right to report to GUESTRAVELER any LISTING, REVIEW or MEMBER behavior that appears to infringe the provisions of these Terms of Use or that may present a risk to MEMBERS. They may do so by clicking on the REPORT icon provided for this purpose.

GUESTRAVELER is not required to follow up on such reports unless required by law, but reserves the right to do so. In such case, any USER or MEMBER concerned shall cooperate in good faith with GUESTRAVELER with a view to stopping any unlawful act on the PLATFORM or SERVICE.

GUESTRAVELER will acknowledge receipt of the REPORT and inform the author of the REPORT of the actions taken.

The REPORTS referred to in this Article are deemed to enable GUESTRAVELER to identify the illegality of the activity or information concerned without a detailed legal examination.

Manifestly unfounded, serious and repeated REPORTS may lead GUESTRAVELER to suspend the processing of REPORTS for a specified period and to initiate any proceedings deemed useful against the author of said malicious REPORTS, specifying the reasons.

Article 19: Independence of the Parties

GUESTRAVELER, each USER and each MEMBER are legally independent entities with full power to make, each in their own name, the commitments referred to in these Terms of Use. They declare that they have taken cognizance of the provisions applicable to them and that they use the PLATFORM and SERVICE in full knowledge and understanding of the Terms of Use.

Article 20: Non-Waiver

In the event that GUESTRAVELER decides not to exercise any of the rights it holds under these Terms of Use, it reserves the right to enforce them subsequently at its convenience without this being held against it, and without prejudice to any other remedies available to it under these Terms of Use and applicable legislative and regulatory provisions.

Article 21: Dispute Resolution

These Terms of Use and any action concerning them will be governed by French law, which, pursuant to Article 17 of Law No. 2004-575 of June 21, 2004, is the law of the country of origin of the SERVICE offered by GUESTRAVELER.

Without prejudice to mandatory consumer protection rules applicable within the European Union, and in particular Articles 17 to 19 of EU Regulation 1215/2012 known as “Brussels I bis,” which allow consumers to bring proceedings before the courts of their State of domicile, any dispute relating to these Terms of Use may be brought before the courts having jurisdiction under common law.

Prior to any legal action, and except for specific provisions of public order, any disputes that may arise in the context of the performance of these Terms of Use must be submitted to GUESTRAVELER for amicable settlement, either by email to contact@noho.world, or by postal mail to the registered office of the company.

In the event of failure of a claim or absence of response from GUESTRAVELER within a period of two (2) months, USERS and MEMBERS established in the European Union will have the option to submit the dispute to a mediation body by consulting the website of the French Commission for Assessment and Control of Consumer Mediation (CECMC) or by connecting to the European online dispute resolution platform accessible via the following link: https://ec.europa.eu.

USERS (including MEMBERS) established in France will have the option to submit the dispute to mediation by contacting the French National Association of Mediators (ANM), either by mail at 62 rue Tiquetonne, 75002 Paris, France, or by email by completing the online referral form at: www.anm-conso.com.

These provisions are formally accepted by USERS of the PLATFORM and by MEMBERS using the SERVICE, before any registration.