GENERAL TERMS AND CONDITIONS OF USE
Twister, a simplified joint-stock company with capital of 1,176 euros, whose
registered office is located at 16 rue Chateaubriand, 92500 Rueil Malmaison, registered with the Trade
and Companies Register of Nanterre under number 829 745 512, represented by Mr Michel Grebenikof, in his
capacity of President ("Twister"), offers a mobile application to compare the prices of air tickets sold
on the Internet (the "Service").
Phone contact: +971509190680
Intra-community VAT number: FR 44 829745512
Host: Twister SAS, 16 rue Chateaubriand, 92500 Rueil-Malmaison, France
Each of the terms mentioned below will have the following meanings in these
General Terms and Conditions:
Application: means the mobile application allowing
Users to benefit from the Service proposed by Twister.
Data: means browsing and localisation data resulting
from the smartphones of Peers and used with a view to benefiting from the Service.
General Terms and Conditions: means these general
terms and conditions of use.
Partie(s): means Twister and/or the User.
Peers: means Users sharing their Data.
Service: means the Travel Product comparison service available via the Application.
Travel Products: means offers of travel products and
services, particularly flights, displayed through the Service.
User: means users of the Service.
User Account: means an account created by a User
allowing him or her to benefit from the Service.
2.1. These General Terms and Conditions govern (i)
the conditions of access and use of the Application to benefit from the Services provided by Twister to
the User and (ii) the rights and obligations of Twister and the User as defined below.
2.2. These General Terms and Conditions and the
terms and conditions that the User and Twister have agreed upon. They replace all documents, prior
agreements and previous communications, verbal or otherwise.
3.1. These General Terms and Conditions are concluded
for an indefinite period.
3.2. They enter into force from the date of their
acceptance by the User.
4. Acceptance and modification
4.1. These General Terms and Conditions are
communicated to the User during the creation of his User Account, prior to the provision of the Service.
They will then remain available at any time on the Application, for consultation by the User.
4.2. By ticking the box "I have read and accepted the
having read and accepted all the General Terms and Conditions.
4.3. Any access and / or use of the Application
implies the unreserved acceptance of and respect for the entirety of the terms of the General Terms and
4.4. The User certifies that he has the capacity to
accept the General Terms and Conditions, and undertakes to respect them. If he accepts the General Terms
and Conditions in the name of a legal entity, the User certifies that he has the right and the authority
4.5. If the General Terms and Conditions are modified
partially or totally, for the needs of and according to the evolution of the Service, Twister will
inform the User by notification and submit the new version of the General Terms and Conditions to his
5. Access to the Application
5.1. The Application is available on the "Apple
Store" and "Google Play Store" mobile app. download platforms.
5.2. The User acknowledges having the skills and
means necessary to access and use the Application.
5.3. Access to the Application and its use require a
smartphone having the following minimum configuration:
Recommended iPhone 8 or newer with OS ios9. Any supported iPhone, older than iPhone 8 with minimum OS of
ios9.3 will run the app but may present some limited functionality and performance issues.
5.4. The User declares that he is informed that, in
order to access the Application and the Service, he must have access to the Internet or a subscription
allowing him or her to access it, previously subscribed with the supplier of his choice which cost is
5.5. The User acknowledges in particular:
-that the quality and reliability of
transmissions depend on the network infrastructure on which the transmissions circulate and are random,
so this may lead to breakdowns or network overloads, making the User unable to access the Application;
-that it is his responsibility to ensure the
security of his terminal equipment and his own data, software or other equipment at his disposal,
especially against any contamination by viruses or attempted intrusion of which he could be a victim;
-that any equipment connected to the Application
is and remains under his full responsibility, especially in the event of damage resulting directly or
indirectly from its connection to or downloading of the Application.
6. Use of the Service
6.1. Registration and creation of a User Account
6.1.1. The use of the Service by the User
requires the User to create a User Account.
To do this, the User must complete the required form on the corresponding page, submit the necessary information for
this purpose, and choose a username and a password.
The requested data is collected for the purpose of setting up a User Account and performing the Service.
The information provided must be complete, accurate and up-to-date, which the User guarantees. In the event of
modification of any of the information provided, the User undertakes to update his information in order to maintain its
The User remains solely responsible for any use that may be made of his User Account, and therefore undertakes to keep
his username and password strictly confidential.
The email address given must remain valid as long as the User Account exists so that the User can benefit from the
An e-mail confirming the creation of the User Account will be automatically sent to the address provided, said creation
being validated only by the activation of the link contained in this e-mail by the User.
6.2. Data sharing
For Users to benefit from the Service, each Peer agrees to provide Twister with his Data.
6.2.2. Data which is "personal data" pursuant to
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the
protection of natural persons with regard to the processing of personal data and on the free movement of
7. Absence of sales of Travel Products by
7.1. Twister is not a travel agent and is not
responsible for any Travel Products nor does it control or set prices. The fact that the Service
publishes such Travel Products does not in itself constitute an affiliation of the Service or Twister to
the providers of such Travel Products, nor a recommendation to purchase them.
7.2. Twister hosts content, including prices, made
available by or obtained from providers of Travel Products. Twister is in no way responsible for the
accuracy, timeliness or completeness of such content from providers. Twister has no control over the
proposed Travel Products and does not check the content of providers of Travel Products, so it is not
possible to guarantee the prices displayed on the Application. Prices change continuously and additional
fees (for example, payment fees, service fees, checked baggage fees, local taxes and fees) may apply
depending on the final mechanisms of the Travel Products providers.
7.3. Twister facilitates reservations with providers
of Travel Products for Users, but has no liability to Users for these bookings. The conditions of sale
and use applicable to the booking of Travel Products are subject to the contractual stipulations of
8. Free use of the Service
8.1. The Service provided by Twister via the
Application is free of charge.
9.Obligations of the Parties
9.1. Obligations of Twister
9.1.1. Twister undertakes to do its best efforts
to provide access to the Application 24 hours a day, 7 days a week, without resulting in an obligation
of result incumbent on it.
9.1.2. The Service may nevertheless be
interrupted without prior notice to Users in the event of force majeure, such as a breakdown of the
9.1.3. The operation of the Application may be
interrupted temporarily to perform maintenance, updates or scalability of the Application:
-without notice outside working hours or in the
event of absolute necessity;
-with 48 hours' notice for any intervention that
may exceed (1) one hour during working hours.
Twister also undertakes to do all possible to secure access, consultation and use of the Application, and to provide
Users with reliable tools.
9.2. Obligations of the User
9.2.1. To benefit from the Service, the User
-use the Service in accordance with its purpose
and these General Terms and Conditions;
-provide all required information concerning the
-carry out his business in accordance with the
legislation in force;
-respect the rights of third parties and more
generally the law applicable to the Service;
-not take any action to interrupt, destroy,
limit or interfere with the Service or prevent other Users from accessing it, including the use of
viruses, codes, programs or malware;
-not use or operate a User Account for any
purpose other than that provided for in these General Terms and Conditions.
10. Responsibilities and guarantees
10.1. In its capacity of hosting provider, Twister is
subject to a limited liability regime provided for in article 6 of the law of 21 June 2004 on confidence
in the digital economy. As such, Twister can in no way be held liable for the content of Travel Products
or any other content published by a User or a third party and gives no warranty, express or implied, in
10.2. In the event of a breach by the User of the
obligations described in these General Terms and Conditions, he shall indemnify Twister for all damages
suffered by it as a result.
10.3. If the
User is a professional within the meaning of the French Consumer Code: under no circumstances
shall Twister or its suppliers or licensors be liable to the User for indirect damages resulting from
the performance or non-performance of its contractual obligations. By express agreement, without
limitation, loss of profits, loss of income, loss of data, loss of image of brand and loss of customers
are considered by the Parties to be indirect damages not giving rise to damages.
10.4. If the
User is a professional within the meaning of the French Consumer Code: Twister does not
provide any guarantee and is not liable for the incorrect or insufficient operation of the Service, the
application or the technical means implemented, the incompatibility of the Service or the Application
with the software, terminals or equipment of the User, or the total or partial unavailability, whatever
its duration, of all or part of the Service or Application.
10.5. If the
User is a professional within the meaning of the French Consumer Code: Twister does not
provide any guarantee and cannot be held liable for potential errors, erroneous or false information,
lack of availability of information or the presence of "bugs" or viruses on the Application, or in the
event of modification, degradation, alteration or loss of all or part of any content submitted by the
11. Force majeure
11.1. Twister's liability may not be incurred or
sought in the event that the performance of one of its obligations is prevented or delayed due to a case
of force majeure, as provided by case law and defined in Article 1218 of the Civil Code.
12.1. The User may at any time terminate his
contractual relationship with Twister by using the Delete Account
function of the Application.
12.2. Without prejudice to Article 10.2, in the event
of any infringement of legislation in force, breach of any of the obligations set out in these General
Terms and Conditions, or more generally in the event of non-compliance with them, Twister reserves the right to delete, after formal notice to terminate the breach has gone unheeded for seven
days, a User Account.
13. Intellectual property
13.1. All intellectual property rights, such as
copyright, ancillary rights, trademark rights and rights of database producers, covering both the
structure and content of the Application as well as the Application itself (the "Contents") belong to
13.2. This Content is provided to the User for the
sole use of the Service. Twister grants the User a private, non-exclusive and non-collective right to
use the Content solely for the term of the contractual relationship, which may not exceed the term of
the copyright in France.
13.3. Any reproduction, distribution, destruction,
exploitation, downloading, distribution, extraction, transmission, modification or transformation of all
or part of the Content without the prior and express authorisation of Twister, is prohibited and
constitutes an infringement of intellectual property rights.
13.4. As a result, the User expressly agrees:
-to use the Application only for the sole
purpose of benefiting from the Service;
-not to infringe the intellectual property
rights held by Twister on its Application, its Content and its trademarks or any other distinctive sign,
or those held by third parties to the content put online on the Application;
-not to copy, through any process or software,
-not to reproduce, alter or modify the Contents
or elements present on the Application, without the express prior consent of Twister;
-not to extract or reuse, for commercial or
private purposes, without Twister's prior written consent, any part, substantial or otherwise, of the
contents of the Application databases.
14.1. The Application may offer links to other
websites. The websites to which these hyperlinks refer are, unless otherwise stated, independent of the
Application and Twister.
14.2. Twister may in no way be held liable for the
content of these sites, damage that may result from the
connection to these sites, the information contained therein or any transactions that may be carried
14.3. Any hypertext link, of any nature whatsoever,
allowing access to the Application, to any of its pages or elements, requires the prior written
authorisation of Twister.
15.1. In the event that one or more provisions of
these General Terms and Conditions are, for whatever reason, declared void in whole or in part by a
decision having the force of res judicata, the remaining provisions will remain in force.
16.1. The fact that Twister fails to enforce any
right or provision of these General Terms and Conditions shall not be
construed as a waiver of such right at a later date.
17.Independence of the Parties
17.1. The Parties are independent entities. Neither
Party shall be deemed to be an employee, agent, partner or legal representative of the other Party for
any purpose, and neither of them shall have the right or authority to enter into binding agreements in
the name and / or on behalf of the other Party.
18. Applicable law
18.1. These General Terms Conditions are governed by
18.2. In the event of a dispute, if he has not
obtained satisfaction from Twister's customer service department, the
-appeal to the MEDICYS mediation centre:
conso.medicys.fr or MEDICYS – 73 Boulevard de Clichy 75009 Paris.