(Release No. 2015-01 – December 2015)
MYSPOT is a simplified joint stock company with capital of 950 euros, whose registered office is 80, Place du Docteur Felix Lobligeois – 75017 Paris, registered in the Trade registration of Paris under the number 813 472 784.
MYSPOT specializes in the exploitation of websites related but not limited to travel, sports and all recreational and entertainment events, and all related services for assistance, reservations and online sales.
MYSPOT operates as a platform (hereafter the “Platform”) accessible through the website www.spotmydive.com (hereinafter the “Site”) to allow users of the Site (hereinafter (es) “User (s) ») to benefit from research, comparison and booking online of products or services related to scuba diving (eg, baptisms, diving leisure, cruises, diving courses etc.) available on the market, thanks to a direct linking service with diving centers, specialized companies in diving, cruise companies (hereinafter the “Suppliers”).
Article 1 SCOPE
1.1 Acceptance of Terms The Terms establish the contractual conditions, which are exclusively applicable between MYSPOT and the Users regarding the use of the Site. Any use of the Site and / or services offered requires consultation and acceptance, without reserve of these Terms by the User. The express acceptance of the Terms by the User, at the time of booking a service is made by the selection of one of the check box corresponding to the following sentence on the site:
“By checking this box, I acknowledge having read and expressly unconditionally accepted the Terms and Conditions of SPOTMYDIVE”
The acceptance of these also constitute full acceptance by the User Terms MANGOPAY accessed and downloaded at the following address: https://www.spotmydive.com/en/pages/general-conditions-of-use-mangopay
1.2 Modification of Terms
The applicable Terms are those in force on the day of browsing the Site and / or the day of subscription and usage / service (s) on the Site.
MYSPOT may have to change the Terms at any time, in case, my spot will have to inform the users as they come into force by email and / or by publishing the changes on the Site.
MYSPOT will update the Terms indicating the date of the last update at the top of these Terms.
Any User that continues to access / or use of the Site and / or service(s) available(s) on the Site and does not refuse the changes after they have been published on the Site or notified by e-mail, confirm to agree with the new Terms and accept them without reservation.
If the User does not agree with the Terms in force, he cannot use the Site or make a booking of any service offered on the Site.
Article 2 TERMS OF REGISTRATION AND USER ACCOUNT STAFF
The access to the services offered on the Website is open to any person acting for personal purposes (i) registering on the Site and creating a personal account, (ii) communicating to MYSPOT, via the Website, the parameters related to the selected service and (iii) agreeing to the contract documents. By booking a service on the Site, the User guaranty that he is more than eighteen (18) years. Indeed, the services offered on the Website are not intended to minors and to persons who do not have full legal capacity to contract under the present.
Each user must first provide a minimum set of information to access the Service (s), namely: name, first name, date of birth, email address and password.
The User also undertakes to provide true, accurate, current and complete information about his identity and contact information, as requested in the registration form available on the Site and shall not use the names and contact information of a third, fictitious and / or incorrect. MYSPOT reserves the right to request further information or any supporting documents to the User.
In the event that the User provides information that are false, inaccurate, outdated, incomplete, misleading or likely to mislead, MYSPOT may, immediately and without notice or compensation whatsoever, suspend or terminate the personal account User and deny access, either temporarily or permanently, to the Platform.
Users are solely responsible for the use, loss and / or misappropriation of its technical connection elements (Identification, password etc.) and personal data. All access, use of services and data transmission performed from a personal account will be deemed to have been made by the User.
If MYSPOT has reasonable grounds to believe that the security of the Site is violated or that it is misused due to unauthorized use of the means of identification of the user, it may proceed with the temporary account suspension particularly in order to preserve the integrity of the Site and data, and if it appears appropriate, require the modification of these means of identification. In the event that the user wishes to proceed with the modification of his identification, he only need to visit the site and modify its settings in the section “Account Settings” from his account.
Article 3 PROPERTY
3.1 The Website, its content and all the elements constituting the Platform, are works for which MYSPOT and / or, where applicable, its partners, its suppliers, are the holders of all intellectual property rights and / or operating rights, particularly in respect of copyright, database right, trademark law, and the law of designs.
The Site and its software, databases, texts, information, analyzes, images, photographs, graphics, logos, sounds or other data contained in the Site are the sole property of MYSPOT or, where applicable, its respective owners with whom it has a special use agreements.
It is granted to the User a non-exclusive right, non-transferable and for private purpose, to use the Site and the information contained on the Site. The right thus conceded is a right to consult online data and information contained on the Site, and a right of reproduction consisting of printing and / or saving consulted data and information. This right of use is defined only for private use.
Any other use of the Site, including commercial, on the part of the user, is prohibited. The User agrees not, without limitation, to reproduce and / or to represent for a purpose other than private, to sell, to distribute, to transmit, to translate, to adapt and communicate fully or in partly, in any form whatsoever, any element , information or data from the Site.
Article 4 DESCRIPTION OF THE VARIOUS SERVICES
4.1 MYSPOT provides an online portal through which (i) dives centers, companies specializing in diving, cruise companies (“Suppliers”) provide subsea diving services (eg, fundives, cruises, diving courses etc.), and (ii) through which users can make a reservation with this suppliers.
4.2 By making a reservation through the Website, the User establishes a direct contractual relationship with the supplier concerning the booking. The User agreement will be subject to the terms and conditions of the Supplier which may limit or exclude it’s liability. MYSPOT is not part of the contractual relationship related to the products and services you book, unless expressly stated otherwise.
4.3 From the moment that the User makes a booking, MYSPOT acts only as an intermediary between the provider and the user, by sending the Supplier the booking details of the User, by sending a User’s confirmation email for and on behalf of the Supplier, and proceeding to the payment of goods or services in question on behalf and for the account of the User. By using the Site to book the products and / or services, the User authorizes MYSPOT to represent him during the process of comparing different suppliers and during the booking process of the products and / or services provided by the selected Supplier.
4.4 Concerning the optional elements and special requests which the User may send in some cases to the Suppliers, about a specific product/service, MYSPOT will forward them to the relevant Suppliers but without being able to guarantee their execution by the Suppliers. It is the user’s responsibility to confirm with the (s) supplier (s) selected (s) if these requests can be met.
4.5 A space will be available to users to enable them to :
- – Note the dive sites / centers / cruises
- – Comment dive sites
- – Create and manage their profile page
- – Register dives in his logbook online
- – Add dive sites / centers / cruises in his wish list
- – Post their pictures to illustrate the dive sites / center / cruise
- – Share its actions on social networks
- – Navigate on an interactive map allowing users to find the dive sites / centers / cruises according to their criteria
- – Publish new dive sites (which are then submitted to the administrators)
- – Ask for a validation of the dives carried out by MYSPOT Suppliers
Article 5 GUIDE TO RATES AND ONLINE PAYMENT
5.1 Fee Guide : Rates displayed on the site are indicated by product / service booked and may vary according to dates and number of days selected. They include VAT and all other taxes (subject to change), unless otherwise stated on the Site or on the booking confirmation email.
On the website, a strikeout rate indicates the price normally proposed by MYSPOT’s Supplier partner on the same date.
All offers are indicated in dollars or euros, depending on the chosen provider. When the User’s currency is neither the euro nor the dollar, conversion expenses will be applied by the user’s bank during the booking procedure.
A currency converter will be posted on the Site. Each user will be able to see the prices in the currency that does not prvent the exchange rate regulation if the user is outside the European Union.
The currency converter is displayed on the Site only. It is by no means representative of the prevailing exchange rate at the time of booking.
All special offers and promotions are indicated as such.
5.2 Online Payment : Payment will be made via MANGOPAY, payment interface by inssuance of electronic money brought at the disposal of the User by MYSPOT for making reservations. No other means of payment is offered on the Site by the Company. This interface is managed by the company Leetchi Corp. SA, a Luxembourg company with a capital of 500,000 euros, which head office is located at 14 rue Aldringen, L-1118 Luxembourg and registered under Luxembourg Register under the number B173459. The use of this interface is handled contractually by the “Terms and Conditions of MANGOPAY service and use of electronic money ‘(hereinafter referred to as the (“MANGOPAY Terms”).
Payments can be made using debit and credit cards listed on the Site. MYSPOT disclaims all liability in case of payment method other than those mentioned on the Site are used or sent by post.
MANGOPAY, holds a European institution license for electronic money. MANGOPAY collect money for third parties and thus becomes the institution in charge of electronic payment flows.
The Providers reserve the right to require payment in advance by bank transfer (if available) or by credit card and therefore pre-authorize user’s credit card or debit a certain amount (sometimes without possibility of reimbursement) on the same card when booking. In this case, the remaining amount will be charged only once the service provided.
Before making a reservation, the user must, in any event, carefully read the terms and conditions of the Supplier and MANGOPAY’s conditions.
MYSPOT will not be responsible for any price increase resulting from a payment default. The User must pay the price increase before the reservation is confirmed.
5.3 MYSPOT costs : MYSPOT will not add any additional charge (booking) at the rates of the Supplier. Service charges related to the Platform will be donated to MYSPOT.
Article 6 CANCELLATION AND MODIFICATION
6.1 By making a reservation with one of the suppliers of MYSPOT, the User agrees to have read and accepted the conditions of modification, cancellation and no-show, and all of the additional conditions of the supplier that may apply to its reservation or may apply during his stay, including for services rendered and / or products offered by the Supplier.
The general cancellation and no-show, specific to each supplier, are indicated on their personal pages on the Site; they are also recalled during the reservation process and in the booking confirmation email.
It should be noted that certain rates or special deals do not allow to cancel or modify the reservation. Users are therefore invited to read the said conditions before making a reservation.
6.2 Reservations requiring a prepayment (full or partial) can be canceled (without warning or prior notice of default) if the amount or amounts (or balances) requested are not fullt received at the agreed payment date, depending on conditions Payment of the Supplier and the corresponding reservation.
The user will be held responsible for any delay in payment, all bank details, wrong credit card or debits, invalid credit / debit card or all insufficient funds and will not be entitled to any refund of prepayment (not refundable) unless otherwise specified in the conditions of (pre) payment and cancellation of the Supplier.
6.3 If the user wants to view, modify or cancel his reservation, he should refer to the confirmation email and follow the instructions given therein. Any cancellation may be charged with a fee, accordingly to the cancellation policy, (pre) payment and non-presentation of MYSPOT’s partners Suppliers and it is possible that the amounts (pre) paid will not be refunded. We recommend that you read the cancellation policy, (pre) payment and no-shows before making your booking and before to make any payment to come within the deadlines agreed for the said reservation.
6.4 MYSPOT has the right to cancel the booking if the User MYSPOT has reason to believe is fraudulent. In this case, MYSPOT try to make contact with the user using the email address that the user has communicated when booking or with his bank. If we are not able to contact you or your bank, we will cancel your reservation without commitment of our responsibility.
Article 7 WARRANTY AND LIABILITY MYSPOT
7.1 MYSPOT offers this site as it is and does everything possible to ensure its update, his continued status and functioning, but makes no warranty concerning the technical defects or infallibility of the operations or concerning the facte that the system or portal will be operational at all times.
7.2 By booking through the booking system of the Site, the User acknowledges having read the standards required by the relevant Suppliers, including if necessary, but not limited to:
- – A minimum certification required
- – A necessary diving insurance
- – Eventual additional personal information
- – A medical certificate. The User also agrees to sign the forms that could be presented by the Suppliers such as:
- – A liability waiver
- – Recognition of the risks.
7.3 MYSPOT provides a linking service via the Site. MYSPOT is not part of the contract between the Supplier and the User; it acts only as an intermediary.
MYSPOT cannot be held responsible at any moment for any direct or indirect damage caused by the Supplier (whatever are the associated consequences).
Furthermore, MYSPOT shall be held at no time responsible for the improper performance or non-performance of the service by the Supplier.
Information provided on the website are based on information given by the Suppliers. So Suppliers are given access to an extranet through which they hold full responsibility to update all their rates, availability and other information displayed on the Site. Although MYSPOT strives to provide a quality service, MYSPOT can neither verify nor guarantee the accuracy, precision or completeness of the information, and cannot be held responsible for any errors (obvious error or typographical error) any interruption in service (due to a technical failure, whether temporary and / or partial outage, repair, updating, improvement or maintenance of our website or otherwise), any inaccurate, misleading or false, or any lack of information. Each Supplier remains responsible at any time of accurate, completeness and correctness of the (descriptive) information concerning it displayed on the Site, including its rates and availability. The website does not constitute and should not be considered as any form of recommendation or approval of the quality, level of service or classification of each Supplier and related facility, proposed to Users.
7.4 In accordance with the limits set out in these Terms and permitted by law, MYSPOT cannot be held liable in respect of the User, if the User has suffered, paid or incurred direct damages that can be attributed to a default of obligations under the intermediary services provided by MYSPOT on the Site. Responsibility for MYSPOT may not exceed the aggregate amount of the total cost of the reservation of the User, as indicated in the confirmation e-mail, whether it is an isolated event or a series of related events.
In terms of tourist services, the responsibility MYSPOT is defined by Article L. 211-16 of the Tourism Code. MYSPOT may not, however, under no circumstances be held liable if the breach of contract is attributable to the User, or the unpredictable and insurmountable a third party unconnected with the provision of services under the contract, or to a case force majeure.
7.5 In case of reservation of accommodation, the User acknowledges and accepts that the Supplier is at all times responsible for the collection, retention, and payment of applicable fees due to financial authorities concerning the total amount of rate housing. Users that facilitate the payment, cannot be held responsible nor liable for the payment, collection, withholding or payment of applicable taxes due to the relevant financial authorities.
7.6 In addition, the User agrees not to introduce, by any means whatsoever, data that may modify or affect the content or presentation of the Site.
By uploading photos / images on the Website, the User certify to hold all the copyrights on those photos / images as well as the express consent of the persons depicted.
By agreeing to these Terms, the User authorizes MYSPOT and assigns direct or indirect rights to publish, edit, copy, reproduce, adapt, modify, transform and generally exploit all or part of the pictures / images uploaded to its sites Internet (mobile) apps, promotional tools and publications (online and offline) for promotion, advertising, illustration of any activity exercised by MYSPOT and / or its direct or indirect rights holders.
By downloading these pictures / images, the user accepts full moral and legal responsibility for all legal claims made by any third party (including, but not limited to owners of accommodation) concerning the posting and use of these photos / pictures by MYSPOT.
MYSPOT is not responsible for the photos / images added.
The User who download pictures / images ensures that they do not contain viruses, Trojan horses or infected file and have no pornographic, illegal, obscene, offensive, objectionable or inappropriate and do not infringe rights of any third party (law on intellectual property, copyright and respect of private life). Any photo / image that do not meet the above criteria will not be published and / or may be erased / deleted at any time by MYSPOT without notice.
Article 8 PERSONAL DATA / COOKIES
8.1 Personal Data
8.1.1. If the data transmitted for use of the Platform services include personal data, the User guarantees MYSPOT that he undertook all obligations in terms of legislation concerning the treatment of Personal Data (Law n ° 78-17 of January 6, 1978 relating to data, files and individual liberties as amended by Act No. 2004-801 of August 6, 2004, Decree No. 2005-1309 of October 20, 2005 taken for the application of the law of January 6, 1978, and established standards and published by the French National Authority responsible for data protection), and has informed the individuals concerned of the use made of the said personal data. As such, the User guarantees MYSPOT against any complaints or claims made by a physical person whose personal data are reproduced and used via the hosted service.
In the case where the data is stored on servers located in countries outside the territory of the European Union, a specific authorization data transfer must be obtained from the CNIL. MYSPOT undertakes to inform the user of the location of data and more generally, to provide all the relevant information necessary to make the statements. As such, the User, as the data controller, undertakes to obtain all necessary approvals to the CNIL or other organization according to the legislation in force.
8.1.2. The User provides any editorial responsibility for the use of the Services or Solutions.
Users are solely responsible for the quality, legality, relevance and content of the data it transmits for the purpose of service use. It also guarantees the holder of intellectual property rights to the use of data and content. Consequently, MYSPOT disclaims all liability for non-compliance data and / or content with laws and regulations, public order or the User’s needs.
The User guarantees MYSPOT at first demand against any loss resulting from its allegation brought by a third party for a breach of this warranty.
More generally, the User is solely responsible for images, content and messages broadcasted and / or downloaded via the services. It remains sole owner.
8.1.3. MYSPOT and the User undertake to implement the appropriate technical means to ensure data security. MYSPOT is committed to preserving the integrity and confidentiality of data on the Platform. MYSPOT will implement technical and organizational measures likely to prevent access or unauthorized use of data and to prevent any loss, tampering and destruction of data.
The User is informed and accepts that when access to the site, a cookie may be implanted in the User’s computer. A cookie does not identify the User. However, it can record information about the navigation of its computer on the Site, which can be read during subsequent visits, in particular to facilitate navigation on the website
The User may oppose this record via their browser preferences.
For Microsoft Internet Explorer, the procedure is as follows:
1. Choose the “Tools” menu, then “Internet Options”
2. Click on the “Privacy” tab
3. Level select “Block all cookies” using the cursor
For other browsers, please refer to your browser instructions to learn how to change settings or delete cookies.
For Chrome: http://support.google.com/
For Firefox: http://support.mozilla.org/
For Safari: http://support.apple.com/
Article 9 CLASSIFICATION AND GUEST REVIEWS
9.1 The default configuration of the classification of Supplier’s establishments on the Site appears as “Recommended” (or similar formulation related to default classification). For convenience, we also offer other ways to classify institutions. The default ranking is made via a fully automatic filing system (algorithm) that is based on multiple criteria.
9.2 By making a reservation, the User agrees to receive (i) an e-mail that MYSPOT can send him before his arrival date at the facility, which will contain information about its destination and relevant offers to stay (including offers from our partners, if you have agreed to receive them), and (ii) an email that MYSPOT may send the User after the end of his stay to invite him to fulfill his comments about the Supplier.
In drafting their comments Users agree that they are displayed on the site for the sole purpose of informing (future) User of its opinion on the level of customer service and the quality of our partners or sites diving.
The customer feedback questionnaire is considered as an investigation and, as such, it does not include any commercial offer, invitation or additional advertising.
Article 10 PARTIAL INVALIDITY
The invalidity, unenforceability or deemed unwritten character of one or more provisions of the TERMS will not entail the invalidity of all the present.
Article 11 LANGUAGE / LAW AND SKILLS AWARD
The Terms are governed by FRENCH LAW, excluding its conflict of laws rules. To the extent permitted by French law, in case of dispute, jurisdiction is assigned to the competent courts within the jurisdiction of the Court of Appeal of Paris.