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").
Email contact: michel@twistr.com
Phone contact: +971509190680
Publication Director: michel@twistr.com
Intra-community VAT number: FR 44 829745512
Host: Twister SAS, 16 rue Chateaubriand, 92500 Rueil-Malmaison, France
1. Definitions
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.
Privacy Policy: means Twister's privacy policy accessible here.
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. Purpose
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 Privacy Policy form an indivisible whole and prevail over any other document, and thus constitute all of terms and conditions that the User and Twister have agreed upon. They replace all documents, prior agreements and previous communications, verbal or otherwise.
3. Terms
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 Terms and Conditions and Privacy Policy", and then clicking on the "Continue" box, the User acknowledges 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 Conditions.
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 for this.
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 consent.
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 his responsibility.
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.
6.1.2. 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.
6.1.3. The requested data is collected for the purpose of setting up a User Account and performing the Service.
6.1.4. 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 accuracy.
6.1.5. 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.
6.1.6. The email address given must remain valid as long as the User Account exists so that the User can benefit from the Service.
6.1.7. 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
6.2.1. 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 such data is handled in accordance with the Privacy Policy.
7. Absence of sales of Travel Products by Twister
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 these suppliers.
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 Service.
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.
9.1.4. 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 agrees to:
-use the Service in accordance with its purpose and these General Terms and Conditions;
-provide all required information concerning the User;
-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 this regard.
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 User.
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. Cancellation
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 Twister.
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, the Content;
-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.Hypertext links
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 out.
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. Severability
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. Waiver
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 French law.
18.2. In the event of a dispute, if he has not obtained satisfaction from Twister's customer service department, the User can:
-use the European Online Alternative Dispute Resolution Platform:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=FR
-appeal to the MEDICYS mediation centre: conso.medicys.fr or MEDICYS – 73 Boulevard de Clichy 75009 Paris.