|
GENERAL CONDITIONS OF SALE AND USE OF THE SITE
WWW.ASIAPODO.COM |
|
|
The company BAO Solutions is a limited liability company whose head office is located at 1-9, rue de Rémusat- 75016 Paris, registered at the Registry of Trade and Companies of Paris under the n°B 479 163 289. |
|
Acting in the name of and for the account of various partners - hotel providers - BAO Solutions proposes, under the mark
AsiaPodo (hereafter called
AsiaPodo ), on the site
www.asiapodo.com and the satellite sites (list of satellite sites available at
http://www.asiapodo.net/index.aspx?fn=12005_10_18_15_40_32.html;162 (hereafter called the "Site") travel services, in particular the booking for hotel services. |
|
The current edition of general conditions is valid as from January 13, 2006. This edition cancels and replaces the former versions. |
|
These data are those which you will have voluntarily
recorded at the time of your answers to questionnaires, or at the
time of requests for information. No personal information concerning
you is yielded to third parties or is used for non-envisaged
purposes.
|
|
Article 1: Definitions and fields of application
|
|
1.1
Definitions |
|
The definitions below have an identical significance whether they are used in the singular or plural forms.
|
|
"User" designates any user of the Site who browses, books, orders and/or buys one or more Services offered on the Site. |
|
"Partner" designates all the suppliers of Services including, in particular, the hotels. "Service" indicates any provision of services proposed on the Site, in particular the sale of services of lodging. |
|
"Service" indicates any service offered on the Site, in particular the sale of hotel services. |
|
1.2 Fields of
application |
|
The present general conditions of sale and use (hereafter “General Conditions") govern the offer and the supply of the Services. |
|
The order of Services is reserved only to the Users having taken beforehand knowledge of the General Conditions in their entirety and having accepted them without reserve, by ticking the box or by clicking on the hypertext link used for this purpose. Without this acceptance, the continuation of the order process of order is technically impossible.
|
|
Are also applicable to the offer and the supply of the Services, according to methods' identical to the General Conditions, the specific conditions of the Partners (hereafter "Specific Conditions"). The acceptance of the Specific Conditions by the User will intervene at the time of the placing of the effective order. |
|
The General Conditions can be modified constantly, without notice, being understood that such modifications will be inapplicable to the orders of Services which had been accepted before by
AsiaPodo in the name of and for the account
of concerned Partners. It is thus imperative that the User consults and
accepts the General Conditions at the time when he carries out his order,
in particular in order to ensure the clauses in effect. |
|
Go to top
|
|
Article 2: Order on the site
www.asiapodo.com |
|
2.1 Capacity - Use of the site |
|
The Site has a function to assist the User in the search for Services in relation to the travel and tourism, and to carry out some bookings, as well as to concluding any transaction with the Partners. The User must be at least 18 years old, to be able
juridical to contract and use this Site in accordance with the General Conditions. |
|
Except for the case of fraud that he must show the proof, the User is responsible financially for his actions on the Site, in particular for his user name and password. This also guarantees the veracity and the exactitude of the information relating to him provided on the Site.
|
|
Any use of the Site which would be fraudulent, or which would contravene the present General Conditions, will justify that the User will be refused, at any moment, the access to the Services offered by the Partners or other functionalities of the Site. |
|
2.2 Making and cancellation of orders |
|
The User
can order via the Site only after having accepted the present General
Conditions as well as the possibly applicable Specific Conditions of the
Partners. |
|
The confirmation of the order, which takes again the essential elements of them, such as the identification of the ordered Service(s) and the price, will be transmitted to the User, by electronic mail, within one day maximum following the date of order. |
|
All the conditions of cancellation, of possible modification of the orders and/or refunding are accessible directly on the booking Site, and if necessary mentioned on the order confirmation or in the Specific Conditions. |
|
Any cancellation or requests for modification must be sent by electronic mail to
support@asiapodo.com |
|
Except for particular clauses in the Specific Conditions, any modification (change of departure or return date, schedules) or any cancellation coming from the User, involves the generation of an expenses of 100 % of the price of the service. |
|
Moreover, in case of a new booking in accordance with a cancellation or with a modification from the User, it is specified that the price of the new booking can be higher than that of the first booking.
|
|
In case of refunding granted to the User, the beforehand versed sums will be re-credited to the account corresponding to the bank card used during the ordering.
|
|
In any event, the expenses of file (of management and bank charges for the transactions) are not refundable.
|
|
2.3 Convocation and withdrawal of the travel documents
|
|
The travel documents issued under a Service ordered via the Site are sent to the electronic address of delivery mentioned by the User at the time of his order, according to the clauses under the Specific Conditions.
|
|
The delivery periods indicated during the ordering are average times corresponding to the processing and to the delivery of the electronic mails and does not exceed 24H. |
|
If the delivery of the travel documents were made impossible by an error of the User in entering his information, neither the concerned Partner(s) nor
AsiaPodo could be held responsible. |
|
2.4 Proof |
|
It is explicitly agreed that, except for error made by the Partners or
AsiaPodo that the User would report the proof, the data kept in the information system of
AsiaPodo and/or its Partners have evidential force as for the orders placed by the User. The data on computer or electronic media constitute valid evidence and as such, are admissible under the same conditions and with the same evidential force as any document which would be drawn up, received or kept by writing. |
|
Go to top
|
|
Article 3: Detail of the Services |
|
AsiaPodo acts exclusively in the name of and on behalf of the Partners concerning the offer and the supply of all the Services.
|
|
The object of this article is to propose a detail of the Services in the name of and on behalf of the Partners, this, in a preoccupation with the information of the User. This detail is not exhaustive and does not replace the Specific Conditions.
|
|
Except contrary legal clauses, this detail can by no means be a responsibility or engagement for
AsiaPodo . |
|
3.1 Hotel services
|
|
These Services are proposed in hotel services only. |
|
Possession of the rooms
|
|
It is reminded that, most often, the rooms are available to only start from 2 p.m. and that they must be released before 12 noon, that is the hour of arrival or departure of the means of transport used.
The individual rooms generally include a bed for one person. These rooms often have a supplement. The double rooms include, either with two beds, or, more rarely, with a double bed. |
|
Classification
|
|
The indication of level of comfort allotted to the hotels appearing in the consultable description on the Site corresponds to a classification established in reference to local standards of the host country, and which can thus differ from the French standards. It is provided only as an indication. It can indeed occur that, for technical reasons, in cases of absolute necessity or because of a third party, is substituted for the hotel initially booked, another hotel of the same category proposing equivalent services. |
|
Taxes |
|
The User is drawn attention to the fact that certain additional taxes can be imposed by the local authorities of certain States (tourist tax, stay tax...) and are to be regulated on the premises. These additional taxes, when exist, will be on the charge of the User. |
|
Cancellation and modification |
|
Any request for cancellation or modification of booking by the User must be sent by electronic mail by using the links used for this purpose in the e-mail of confirmation received by the User after making a booking. It is also possible for the User to send his requests for cancellation and/or modifications to the address:
support@asiapodo.com These
requests will not be treated if it misses one of following information: |
|
• The number of booking
• The email address provided by the user at the time of the booking |
|
In case of cancellation or modification of the
travel by the User, the expenses of cancellation can vary according to
Partners. Depending on the particular mentions in the policy of
cancellation of the concerned hotel the scale below will be applied: |
| Over 5 days before the date of arrival |
0% of the price of the stay |
| From 5 days before the date of arrival to the date of arrival |
Amount of the first night |
| After the date of arrival |
100% du prix du séjour |
|
|
Any request for cancellation or modification formulated by the User and accepted by
AsiaPodo and its Partners will lead to the refunding within a reasonable time of the sums paid by this latter under deduction of those remaining due under the terms of the table above. |
|
Photographs and illustrations |
|
The best efforts are made to provide photographs and illustrations giving to the User an overview of offered Services. These photographs and illustrations aim at showing the User the category of room or the degree of comfort and cannot imply any engagement beyond this object.
|
|
3.7 Insurances |
|
No insurance is included in the prices displayed on the Site. Consequently, the User is recommended to subscribe an insurance contract covering the consequences of certain cases of cancellation and an assistance contract covering certain particular risks in particular the expenses of repatriation in the event of accident or disease.
|
|
Go to top
|
|
Article 4: Financial conditions and payment modes |
|
Except contrary particular mentions under the Specific
Conditions, the prices of the Services communicated on the Site are
mentioned in Euros or American Dollar (USD), net of tax local possible
imposed by the authorities of certain countries.
|
|
The payment of the price of the Services ordered on the Site is carried out either at
AsiaPodo which receives it in the name of and on behalf of the Partners, or directly to the Partners by sending the bank card number of the User, by means of a system of secured payment. Certain offers may have a fractioned debit corresponding to the cost of each provided Service. In this case, the User is informed of all operations of fractioned debit in the electronic mail of confirmation of his order.
|
|
This will lead to the immediate debit of the total amount of the service on the card used by the User at the time of his order.
|
|
The prices of the Services are susceptible to revision, that is fall or
rise in the event of variation of taxes and exchange rates. |
|
Except contrary clauses found in the Specific
Conditions of the Partners, the payments carried out on the Site by bank
card (the cards of Carte Bleue, Visa, Eurocard/Mastercard are accepted) by
the intermediary of a secured payment system. |
|
Article 5: Exchange rates |
|
The exchange rates are calculated from various public sources and are mentioned only as an indication; these can vary day by day. The exactitude of the rates of exchange indicated is by no means guaranteed. The exploitation of these rates of exchange for purposes other than personal is prohibited. |
|
Article 6: User
service and complaints |
|
Any request for information, for possible precise details and complaints must be sent to
AsiaPodo, which collects them in the name of and on behalf of the Partners, in the 30 days after the end of the stay by electronic mail to
support@asiapodo.comThey must be accompanied by all elements indicating the concerned service (dates of the stay,, number of booking, name of the hotel, nature of requested information and/or complaints) and exclusively written in English or French. Any other language used for any request for information, for possible precise details and complaints will not be taken into account.
|
|
Over this 30-day deadline, no complaint could be taken into account. The complaints will be considered only when difficulties whose they are the object are announced to
AsiaPodo
during the trip, so that it may limit the damage suffered by the User. |
|
No complaint will be accepted if they involve loss(es), damage(s) or theft(s) of luggage, clothing or personal objects placed under the monitoring of the User throughout his stay. |
|
Go to top
|
|
Article 7: Responsibilities and warranties
|
|
7.1 For the use of the Site
No guarantee is given to the
User in cases of: |
-
Absence of anomalies, errors and bugs susceptible to affecting the browsing on the Site or the setting up of any functionality on the Site, or the use of an accessible software on the Site or from this one; or of
-
Possibility of correcting these anomalies, errors or bugs; or of
-
Absence of interruption or breakdown in the operation of the Site ;or of
-
Possible compatibility of the Site with a material or a particular configuration
|
|
AsiaPodo
is in no case responsible for
dysfunctions attributable to third-party third that those are built-in or
not in the Site or are provided with this one.
|
|
In no case,
AsiaPodo will not be responsible for the direct or indirect and/or immaterial, foreseeable or unforeseeable damage (including the loss of profits or a chance...) arising from the supply and/or the use or total or partial impossibility to use the functionalities of the Site. Lastly,
AsiaPodo cannot be held responsible for the contents of the sites on which the User is returned via hypertexts link whose only purpose is to facilitate the research of the User.
|
|
In any case, the User states to understand the
characteristics and the limits of the Internet, in particular its
technical performances, the response time for questioning or
transferring data and the risks related to the security of
communications. |
|
7.2 For the Services
|
|
Except contrary
legal provisions, the user recognizes that acting as an intermediary
only, in any case,
AsiaPodo
is not
responsible for committing to relate with the contracts for Services
which the user will have concluded with one or more Partners.
|
|
Go to top
|
|
Article 8:
Intelligence Property |
|
8.1. Generalities
The Site, its contents and all the elements, are creations for which
AsiaPodo and/or, if necessary, the Partners, are holders of all of the rights of intellectual ownership and/or of the rights of exploitation, in particular with the copyright, of the right of databases, of the right of trade-marks, and of the right of drawings and models. |
|
The Site, as well as
the software, databases, texts, information, analyses, images,
photographs, graphics, logos, sounds or all other data contained on
the Site remain the exclusive property of companies of
AsiaPodo and/or the
Partners or, if necessary, their respective owners with whom the
latter have signed the agreements of use. |
|
It is granted with the User a right of non-exclusive use, non-transferable and in a private framework, of the Site and data contained on the Site. The right thus granted consists of (i) a right to consult online the data and information contained on the Site and (ii) a reproduction right consisting of printing and/or a backup of the consulted data and information. This right of use is only for one strictly private use. |
|
Any other use of the Site, in particular commercial, on behalf of the User is prohibited. The User is prohibited in particular, in a non-exhaustive way, to reproduce and/or represent for a use other than private, to sell, distribute, emit, translate, adapt, diffuse and communicate completely or partially in some form whether it is an element, information or data of the Site. |
|
Moreover, the User is
prohibited introducing, by any means, of the data likely to modify or
affect the contents or the presentation of the Site. |
|
Any hypertext link of the Site, whatever the type it is, must obtain a preliminary authorization from
AsiaPodo, acting in the name of and on behalf of the holder of the concerned right, on paper or electronic media. |
|
8.2. Software |
|
The use of any software
downloaded on the Site making it possible to access certain Services or
functionalities is governed by the terms of the license accompanying it.
The User commits himself not to install, copy or use this software before
having agreed under the terms of the aforementioned license. |
|
For any software not accompanied by a
license, it is conferred to the User a right of temporary, private, personal, non-transmissible and non-exclusive use on this software in order to be able, other than any other use, to access the Service and functionalities which make the use of this software necessary. By installing, or using the software, the User commits himself observing this condition.
|
|
Go to top
|
|
Article 9: Protection of personal data |
|
The Site was regularly declared at the CNIL in France, under the number: the 1117074 The information communicated by the User on the Site makes it possible to process and carry out his orders.
|
|
In accordance with the article 32 of the Law on Data-processing and Freedoms on January 6th, 1978 modified by law 2004-801 on August 6, 2004, essential information to process and carry out the orders, are marked by an asterisk in the pages of the Site. Other requests for information require an optional answer, or information relating to the interest of the User for the offers likely to be sent to him is intended for better knowing him as well as to improve the services which are proposed to him. |
|
Except opposition from the User, AsiaPodo can communicate this optional information concerning the User to the companies of its group. |
|
AsiaPodo may send to the User the information enabling him to better know and better use the sites, to allow him profit from the promotional offers on these sites and to propose him offers of its Partners, in the strict respect of the provisions of the law "for confidence in the digital economy" and of the modified law "computer and freedoms", subject to the preliminary assent or opposition of the User, according to cases in the Charter of confidentiality displayed on the site. |
|
The occurrence of an unpaid with the reason for a fraudulent use of a bank card will involve the inscription of the data in connection with the ordering of the User who is at the origin of this unpaid within a file of incidental payment put into effect by the insurer and placed under his responsibility.
In accordance with the Law on Data-processing and Freedoms of January 6th, 1978 modified, the User has, at any moment, of a right of access, of modification, of correction and removal of the data which relate to him. He can exert it by sending an electronic mail to
unsubscribe@asiapodo.com |
|
Article 10: Applicable law |
|
The General Conditions are subjected to the French law. Any litigation relative to their interpretation and/or their execution concerns the French Courts.
|
|
Article 11: Final clauses |
|
The fact that
AsiaPodo does not prevail, at a given time, of one of the clauses of the General Conditions could not be interpreted as a renunciation by itself to prevail later on one of these clauses. |
|
If one of the clauses of the General Conditions were declared null or without effect, this clause would be reputedly not written, unless not affecting the validity of the other clauses, except if the clause which is declared null or without effect were essential and determining. |
|
Any case of absolute necessity, including the interruption of the means of telecommunications, the strike of the carriers, the hotels, the air controllers, air-traffic controllers, suspends the obligations of present clauses affected by the case of absolute necessity and exonerates from any responsibility the part which should have carried out the affected obligation. |
|
Go to top
|