The purpose of the SIDE BY SIDE site is to allow people not to travel alone during their journeys and stopovers.
SIDE BY SIDE, accessible by the address www.siege-a-cote.com and whose registration is free, is a collaborative site that proposes to connect travelers so that they can find one or more Traveling companions who would travel on the same plane, train, car or boat, regardless of the destination and purpose of the trip.
The present "general conditions of use" have for object the legal framework of the modalities of making available the services of the site SIDE BY SIDE and their use by "the User". The latter must, therefore, pay the greatest attention to it.
The general conditions of use must be accepted by any User wishing to access the site. They constitute the contract between the site and the User. The access to the site by the User signifies its unconditional acceptance of the present general conditions of use.
Indeed, by registering on the site SIDE BY SIDE, the user acknowledges having read these general conditions of use and have accepted them, in full and without reservations.
In the event of non-acceptance of the general conditions of use stipulated in the present contract, the User must relinquish access to the services offered by the site.
SIDE BY SIDE reserves the right to modify unilaterally and at any time the content of these general conditions of use.
ARTICLE 2 – LEGAL MENTIONS
The site SIDE BY SIDE (LE SIÈGE D'À CÔTÉ in french) is hosted by the company OVH, SAS with a capital of 10,059,500 euros, registered with the RCS of LILLE METROPOLE under the n ° 424.761.419 and whose registered office is located 2 rue Kellermann - BP 80157 - 59053 ROUBAIX CEDEX 1 - FRANCE. Phone. 1007 - 09.72.10.10.07.
The site LE SIEGE D'À CÔTÉ is the sole property of Mrs. Magali GIUSTI, responsible for the publication.
ARTICLE 3 – DEFINITIONS
The purpose of this clause is to define the various essential terms of the contract:
SIDE BY SIDE : it is the English name of the present site which is accessed by the address "www.siege-a-cote.com".
User : This term means any person who uses the site or one of the services offered by the site.
User Content : These are the data transmitted by the User within the site.
Member : The User becomes a member when it is identified on the site.
Advertiser Member : User member that posts a trip announcement on the site.
Account : it is the account that the user creates to become a member and to access all the services offered by the site SIDE BY SIDE.
Username and Password : This is all the information necessary to identify a User on the site. The username and the password allow the User to access services reserved for the members of the site. The password is confidential.
Nickname : it is the identifier chosen by the user by which it will be identified by the other users and members of the site.
Traveling companion : user registered on the site with whom another registered user can make contact to share a journey.
Journey : a journey to connect a departure destination to an arrival destination by means of the following modes of transport: plane, train, boat, bus.
Public profile : includes certain information provided by a member that is accessible to other members of the site, as well as for certain users of the site who are not members of the site.
ARTICLE 4 – ACCESS TO SERVICES
The site allows the User free access to the following services:
- Home page containing all relevant information; - section "For Who" defining the persons who may be interested and concerned by the services provided by the site; - "Why Us" section listing reasons why users may want to use the services provided by the site; - The "Search for a trip" section allows the user to select the approximate date, the place of departure and / or destination, the means of transport and the type of journeyman with whom he wishes to share his journey, To visualize the number of paths similar to the one sought; - The "News" section allowing the user to consult various notes and articles related to travel and travelers; - The "Sign Up" section that allows the user to become a member of the site;
The site is accessible free of charge to any user with Internet access. All costs incurred by the User in accessing the service (hardware, software, Internet connection, etc.) shall be borne by the User.
The Non-Member User does not have access to member services. To do this, he must create an account and identify himself with his username and password.
The member user, on the other hand, has access to the entire site and may, in addition to the services accessible to a non-member user, post one or more journey announcements to be shared with other members, consult, complete or Change their user profile or their ads, get in touch and view the public profile of other members who have posted an ad.
Only publishing an ad allows other members to access the profile of the member who published it.
Once on the profile of the advertiser member, the member user can contact the advertiser member by means of a form of contact made available by the site which must be completed by completing his name, his e-mail address, his number of Telephone as well as the content of his message.
This message will be sent directly to the advertiser member on the e-mail address provided to SIDE BY SIDE when registering as a member: the advertiser member contacted by a companion journey potential will have the option of not responding to the Message sent to him so as not to reveal his email address to his correspondent.
Then, if the advertiser member is interested in the received message, he can respond to it and thus correspond directly with the potential companion: this communication will be carried out directly via their mail addresses, the site SIDE BY SIDE does not allow Of the different members.
The site uses all means at its disposal to ensure quality access to its services. The obligation being means, the site does not commit to achieve this result.
Any event due to a case of force majeure resulting in a malfunction of the network or the server does not incur the responsibility of the site SIDE BY SIDE.
Access to the site's services may be interrupted, suspended, changed at any time without prior notice for maintenance or in any other case. The User undertakes not to claim any compensation following the interruption, suspension or modification of the present contract.
It is further specified that registration for and access to SIDE BY SIDE site is reserved for persons over 18 years of age.
However, legal guardians of minor children may use the services of the site for their minor children provided that the user member with whom they intend to share a journey is informed that the journey will be shared with a minor child and Accepted it.
In order to avoid any difficulty on this subject, the minors' legal guardians must contact the traveling companion user member to ensure their agreement and the feasibility of the project.
In addition, it is recommended that the journey companion have the legal guardians of the minor sign a waiver of responsibility, which may be worded as follows:
"Authorization to leave the territory with a minor and release of responsibility I, the undersigned M / Mrs .......................................... ........................................., acting as .... .................................................. ................................ (father / mother / legal guardian) and having full exercise of parental authority On this child, authorizes my child ........................................ aged. ............................. to make a journey of ................ .................................... at ............. ..................................., the ............. ................................ by the following means of transport ............ .................................................. , Accompanied by Mr / Mrs ............................................ ......., domiciled at ..................................... .................................................. .........., whose telephone and e-mail details are as follows .............................. .......... .................................................. ................ (Possibly complete with the details of the planned journey: stopovers, time and place of meeting and separation, etc.).
I hereby acknowledge that I am aware of the risks associated with such a journey and I agree that Mr / Mrs ........................... .................................... accompanies my child on this occasion.
Made in .............................................. The................................................. ... Signature ".
Lastly, it is recalled that since 15 January 2017, a minor child who lives in France and travels abroad alone or without his or her parents must be provided with an authorization to leave the country (AST). It is a form established and signed by a parent (or legal guardian). The form (Cerfa No. 15646*01) must be accompanied by a photocopy of an identity document of the signatory parent.
Consequently, and in the event of a journey abroad, the minors' legal guardians will have to ensure that the minor is in possession of all the official documents and authorizations allowing him to validly leave the territory.
It is also the sole responsibility of the users who are members of the site wishing to travel with another member, to ensure that they are able to make this journey and have all the documents and authorizations Necessary for this purpose (passport, visa, transport tickets etc.).
The SIDE BY SIDE site does not allow to reserve the tickets relating to the journey or to obtain the necessary authorizations it allows only a connection of the members without control of the feasibility of the journey by the latter.
ARTICLE 5 – PUBLICATION BY THE USER
The site allows members to post travel announcements in order to find a travel companion and to get in touch with other registered members.
In its publications, the member agrees to respect the rules of the Netiquette and the rules of law in force.
The site exercises a posteriori moderation on the publications and reserves the right to refuse their posting, without having to justify it with the member.
The member retains full intellectual property rights. However, by publishing a publication on the site, it shall assign to the publisher the non-exclusive and free right to represent, reproduce, adapt, modify, distribute and distribute its publication, directly or by an authorized third party, worldwide Support (digital or physical), for the duration of the intellectual property. In particular, the Member shall assign the right to use its publication on the Internet and on mobile telephone networks.
The publishing company agrees to include the name of the member, corresponding to the pseudo chosen by him, close to each use of his publication.
ARTICLE 6 – INTELLECTUAL PROPERTY
The trademarks, logos, signs and any other content of the site are protected by the French Code of the intellectual property and more particularly by the copyright.
The User requests the prior authorization of the site for any reproduction, publication, copy of the different contents.
The User agrees to use the contents of the site in a strictly private setting. Use of the content for commercial purposes is strictly prohibited.
Any content posted by the User is solely his responsibility. The User undertakes not to put on-line content that may harm the interests of third parties. Any legal action brought by an injured third party against the site will be taken care of by the User who has published the disputed content.
The content of the User may be at any time and for any reason deleted or modified by the site. The User receives no justification and notification prior to the deletion or modification of the User content.
Furthermore, the user acknowledges, by the simple use of the site validating acceptance of the present GCU, that SIDE BY SIDE is not party to any agreement that could be concluded between the members, in particular with a view to a common route .
In addition, the user acknowledges that the SIDE BY SIDE site only acts as an intermediary and can not therefore be held responsible for the conduct of a Route, and in particular because: - the behavior of its members during, before, or after the journey. - erroneous information concerning the journey and its modalities communicated by the advertiser member within his advertisement or after being put in contact with another member by the site or by any other means; - the cancellation or modification of a journey by a member;
Indeed, it is recognized by users of the site that as an intermediary that does not provide any transport service, SIDE BY SIDE has no means to verify the veracity of the information communicated by members and users The proposed route or even information about the members themselves.
ARTICLE 7 – PERSONAL DATA
The SIDE BY SIDE site, responsible for processing, reserves the right to collect the information requested from the user when registering on the site and during the use of the site, which personal and personal data are necessary And mandatory for the creation of the account of the user member as well as for the good management of the website.
In particular, the e-mail address may be used by the site for the administration, management and animation of the service.
However, the site ensures to the User a collection and processing of personal information in the respect of privacy in accordance with the law n°78-17 of January 6, 1978 relating to data processing, files and freedoms. As such, the site has been declared to the CNIL under the number 2063156 v 0 from 19.05.2017.
The information relating to the user members may be transmitted to commercial partners of the SIDE BY SIDE site, but this information can not relate to civil status, identity, identification data and images Of the user members but only the data relating to lifestyle, family situation, etc., as well as those relating to the member's connections (IP addresses, logs, etc.) or to his location (displacements, GPS data, etc.).
In addition, all the personal data collected may be transmitted to the persons who contribute to the management of the website SIDE BY SIDE, as well as to the execution of the proposed services.
This information and data will be retained for the duration of the contractual relationship and up to 1 year after the member's account is closed, except for the longer period required by law in certain matters.
ARTICLE 8 – RESPONSIBILITY AND FORCE MAJEURE
The sources of information disseminated on the site are deemed reliable. However, the site reserves the possibility of a non-guarantee of the reliability of the sources. The information given on the site is purely informative. Thus, the User assumes sole responsibility for the use of the information and contents of this site.
The User makes sure to keep his password secret. Any disclosure of the password, regardless of its form, is prohibited.
The User assumes the risks associated with the use of his username and password. The site declines all responsibility.
Any use of the service by the User which directly or indirectly results in damage must be compensated in favor of the site.
An optimal guarantee of the security and the confidentiality of the data transmitted is not assured by the site. However, the site undertakes to use all necessary means to guarantee the security and confidentiality of the data.
The liability of the site can not be committed in case of force majeure or the unpredictable and insurmountable fact of a third party.
ARTICLE 9 – HYPERTEXT LINKS
Many hypertext links are present on the site, however the web pages where these links lead are in no way the responsibility of the site SIDE BY SIDE which does not have control of these links.
The User is therefore forbidden to engage the responsibility of the site regarding the content and resources relating to these outgoing hypertext links.
ARTICLE 10 – DEVELOPMENT OF THE CONTRACT
The site reserves the right at any time to modify the clauses stipulated in the present contract. However, SIDE BY SIDE will notify registered members of any changes to these GCUs prior to its entry into force and will publish the new GCUs on the site with the date of the update.
ARTICLE 11 - DURATION
The duration of this contract is indefinite. The contract shall have effect for the User as of the use of the service.
ARTICLE 12 – APPLICABLE LAW AND COMPETENT JURISDICTION
French law applies to this contract. In the absence of an amicable resolution of a dispute between the parties, the Tribunal de Grande Instance of MARSEILLE (France) will have sole jurisdiction.