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Last modified: 03/05/2024
Because the use of the sites published and developed by FLEX by Whistle commits you to respecting these Terms and Conditions (or General Conditions of Use), we recommend that you carefully read our general conditions of use before any use.
“ The Company ” or “ FLEX by Whistle” or “ FLEX ” or “ We ” refers to the company Whistle Associates SAS under registration number Siren: 908130396.
“ Site ” refers to the site put online by FLEX accessible at the address: https://www.flexbywhistle.com
“ You ” refers to the User of the FLEX Sites.
“ Content ” means any text, graphics, images, music, audio, video, information or other elements.
“ Member Content ” means any Content that a Member publishes, submits, distributes, shares or transmits in order to make it available on the Sites.
“ FLEX by Whistle Content ” or FLEX Content means any Content that FLEX by Whistle offers through the Sites, including any Content obtained or not obtained under license from a third party.
“ Service ” means all the products, functionalities and applications accessible on the Sites offered by FLEX by Whistle.
“ User ” means any person browsing the Sites, whether identified or not.
“ Member ” means any adult person with a duly completed and validated Account. The Member is an identified User of the FLEX by Whistle Sites.
“ Local Guide” means the local, independent tourism company based in a destination country that constructs itineraries.
“ Account ” means the individual Account created by the Member when registering on the FLEX by Whistle Sites.
FLEX is a marketplace connecting travelers and local guides to book pre-made trips or create tailor-made trips.
FLEX, from its Sites, offers Internet users who wish to organize their trips the following Services:
→ Information, advice and practical sheets
→ Contact with local guides to create personalized trips
→ System for sending contact details and information to chosen contacts and partners
→ Secure payment system for local guides
→ Uploading and sharing their travel files, travel photos
→ Creation and sharing of testimonials, comments and opinions
→ Creation and sharing of Experience Content
The use of the FLEX Sites authorizes you to view, download and print the Content of the Site for your strictly personal and non-commercial use.
Any other use must be subject to a specific prior written authorization request from FLEX.
Unless express authorization has been given, it is strictly prohibited to reproduce, copy, transmit, redistribute, republish partial or total Content of the FLEX Sites , without the specific prior written authorization of FLEX.
Furthermore and in all cases, it is not authorized to modify the Content of the FLEX Sites , nor to modify or delete the copyright, trademark or property notices associated with the Content.
By using the FLEX Sites , You agree to comply with these General Conditions of Use.
Your use will respect the rights of third parties and applicable laws.
You expressly undertake to indemnify FLEX in the event of liability towards any third party, for any use that does not comply with these General Conditions of Use of the FLEX Sites .
Use of the FLEX Sites is not authorized for persons under the age of 13, nor for persons who do not have the capacity to use them in accordance with all the provisions herein, subject of this agreement.
The use of the FLEX Sites, in accordance with these General Conditions of Use, is free for its Users, excluding connection costs.
The use of the FLEX Sites may take the User to third-party sites, the use of third-party sites independent of FLEX and having their own general conditions of use.
The third-party sites linked to the Sites are not published by FLEX and as such FLEX is not responsible for the Content of third-party sites linked to the Sites or the Mobile Applications. Subject to having been notified in accordance with article 9 of these General Conditions of Use, FLEX undertakes to immediately delete any link to illicit content.
Subject to the provisions of article 8 of these General Conditions of Use, FLEX bears no responsibility for the Content, advertising, products, Services or any other tool available on or from external sites or sources. FLEX cannot be held responsible for any consequential damages or in connection with the use of these links.
By interconnecting your FLEX account to an account opened on a third-party site (e.g.: Facebook, Google), you acknowledge and accept that the personal data that you have made accessible on the third-party site, within the limits permitted by the settings that you have defined on the third party site and which you have authorized, will be collected and processed by FLEX in accordance with our Privacy Policy.
FLEX makes every effort to offer Internet users available tools and/or reliable FLEX information and/or Content. However, FLEX and/or its partners cannot guarantee Internet users the accuracy, completeness and/or timeliness of the information and/or FLEX Content provided as well as the availability of these elements and tools.
Consequently, and subject to the provisions provided for in article 8 of these General Conditions of Use, the liability of FLEX and/or its partners cannot be engaged due to the use of the information and/or Content of 'FLEXprovides and/or tools made available on its Sites.
The FLEX Sites allow Members who wish to do so to post photos, stories, experiences, reviews and travel diaries to share them. Thus, any Member may, at their leisure, submit Member Content which will then be distributed.
The Member grants FLEX the right to distribute, on all media, and throughout the world, the Member Content that he or she has produced and deposited. The Member Content thus produced and posted online may be freely viewed, used, transferred, shared, copied, translated, published without the consent of the Member who deposited it and in any medium, whatever the form or purpose (commercial, promotional or not) without territorial limitation.
This right granted to FLEX to distribute Member Content implies that the Member Content distributed by FLEX is free of rights. Therefore, the Member will not distribute Member Content on which a third party holds copyright, unless it has the express, specific and written authorization of the third party in question.
In the event of non-compliance with this clause, You undertake to release FLEX from any claim generated by such an infringement and, where applicable, to compensate FLEX.
The Member undertakes to only publish Member Content that is suitable and in line with the purpose of the section.
FLEX does not control all Member Content submitted before distribution, reserves the right to withdraw at any time any Content constituting a violation of these General Conditions of Use, without notice and at its sole discretion.
FLEX and/or third parties cannot be held liable for the Content posted online, nor for their use, nor for any direct or indirect harm or damage of any nature whatsoever linked to the use of the Site. or Applications and this in a non-limiting manner.
In particular, harm or damage means: Any content that is defamatory or of a polemical, pornographic, xenophobic nature or which may, to a greater extent, offend the sensitivity of the greatest number of people, Any interruption of activity or service, Any inability to use the results offered, Inadequacy of the results provided and the shortfalls resulting from this inadequacy.
FLEX makes no commitment regarding the accuracy, adequacy or impartiality of the Content published. The Content is displayed “asis” and as such, FLEX excludes any guarantee of quality or suitability for a particular use.
FLEX authorizes itself to remove Content at any time that violates the provisions of these General Conditions of Use with or without notification.
When the Content concerning You, published on the Site, infringes freedom, respect for persons, image, reputation, infringes copyright, image rights, is defamatory, or for any reason, you can contact FLEX to request its removal.
After notification, FLEX undertakes to proceed as soon as possible with the evaluation of the contested Content and the reasons and after verifying the identities of the persons requesting to arbitrate the withdrawal of the Content in question.
You are recommended to evaluate the facts carefully before making any claim, as this will engage your liability.
We reserve the right to terminate your account at any time if you fail to meet any of your obligations.
In this case, all your personal data will be deleted.
Without this constituting an obligation for us, we reserve the possibility of carrying out control operations, on an ad hoc basis, unilaterally or at the request of a third party, intended to verify compliance by the User with the all the terms of these General Conditions of Use as well as the contractual documents supplementing and/or modifying them. These checks may, if necessary, give rise to suspensions of the User Account in the event in particular where we request the User to provide information relating to the shortcomings observed. These verifications may also, where applicable, give us the right to terminate the User'sAccount.
If You notice abuse or violations, or for any complaint relating to the Service, contact our Customer Service by email: support@flexbywhistle.com .
A. Access configuration
FLEX offers an online service from its Sites .
The internet connection and the connection terminal are necessary to use the Service.
To be able to access the functionalities of the Sites , you must register to become a Member. You can register to benefit from the Services directly from the Site.
B. Accessibility and technical operation of sites
We undertake to implement all reasonable means to keep the FLEX Sites fully operational 7 days a week and 24 hours a day. We do not guarantee that the operation of the Sites will be continuous and without error.
FLEX cannot be held responsible for the unavailability, interruption or malfunction of the site, for any reason whatsoever and in particular in the event of failure of its internet access provider, its host, intrusion by third parties or force. major.
FLEX cannot be held responsible for any inconveniences or damages inherent to the use of the Internet network, such as the presence of computer viruses or spyware.
FLEX may interrupt access, in particular for maintenance and upgrade operations, or for any other reason, particularly technical. FLEX is in no way responsible for these interruptions and the consequences that could result from them for the User or any third party.
Please note that FLEX may terminate or modify the characteristics of these services at any time, without notice.
You accept the fact that FLEX or its suppliers cannot under any circumstances be held responsible for any material and/or immaterial and/or direct and indirect damage of any nature whatsoever and/or arising from the use or impossibility to use the FLEX site.
C. Refusal, suspension and interruption of access
FLEX is free at any time to refuse, interrupt or suspend access to all or part of the Sites or services, in particular for operational or maintenance reasons, to modify, suspend, delete the site and put end of its publication on the Internet.
D. Free access to certain categories of services
FLEX provides Users with general information services with open access, i.e. services free of charge and without the need for you to identify yourself or create an Account.
To benefit from the Connection Services, request for quotes from local guides and provision of Personal Space, your identification and prior agreement are essential and therefore require that you request a quote on the Site to have the quality of Member.
Requesting a quote from Local guides is free. To become a Member of the Site and thus benefit from all the services offered by FLEX, simply complete an online form, read and accept these General Conditions of Use.
Taking your quote request into account is subject to certain conditions:
You are a natural person; You are eighteen 18 years of age or older; or if you are a minor, benefit from the authorization of your legal representative; You are registering on a personal basis and not on behalf of a third party; You provide accurate, verifiable, complete and up-to-date personal information; Your email address must be personal, valid and must be provided; Your connections to the Account (times, countries, Internet service provider, ban on proxies) must correspond to normal use of a User Account; Your identifiers must meet creation rules (not refer to a political orientation, an ethnic group, a community, a religion; not be vulgar or insulting; not have sexual or even pornographic connotations; not resemble or imitate a registered trademark; not refer to a narcotic product or any other entity prohibited by legislation; not resemble or imitate the names of characters created by one of the online authors; 'FLEX ; not be spelled or spelled alternatively in order to circumvent the rules imposed above).
Please note that any person making a false declaration for themselves or for others is liable, in particular, to the sanctions provided for by applicable law.
To be put in touch with a local guide to organize your trip you must in order:
1 - Select an itinerary
2 – Describe the travelers and your travel plan
3 - Specify your expectations in terms of support and pace of travel
4 - Provide personal information that will allow the selected Local guide to take contact with you
5 - Receive an email confirming your form submission
6 - Receive a personalized quote directly from the local guide assigned to the selected itinerary.
The choice of local guides suggested by FLEX to offer you a quote is based on these elements alone.
A. Responsibility linked to the use of the Service
You acknowledge, as a User of the site, that you connect and use the services offered at your sole risk. Subject to the provisions of article 8 of these General Conditions of Use, our liability will not be sought for direct or indirect damage (financial losses, profits, exchange loss) that you or a third party may suffer. , for any reason whatsoever due to your connection to the Site, the inability to access or connect to the site, or the non-operation or operation of the Site .
This covers in particular damage which may arise from inaccurate Content, errors, slowness or interruption in transmission, loss, disappearance or alteration of data, viruses, whatever their origin, etc. intrusions by third parties, and more generally the use of the site or the inability to use it.
B. Your liability related to travel provided by the Local guides
The travel contract is concluded exclusively between you and the Local guides. Local guides are solely responsible for the services they offer and the choice of their service providers.
As such, you and it will be necessary for you to accept the general conditions of sale provided by each Local guides as soon as you accept their quote and/or make a first payment.
You agree to respect the rules set out by the guide or any other representative of the local guides. These rules aim to ensure the smooth running of the program and are also safety rules.
Any activity that you develop which does not fall within the framework of the travel program will not fall under the responsibility of the Local guide.
C. Your responsibility for viruses
We invite you to check that any file transmitted or saved on the site does not contain any viruses. You may not save or transmit files that contain viruses or programs that destroy data. You will be held liable in the event of an infringement.
D. Your liability related to assistance/insurance
As with all your trips, it is advisable to be covered by insurance during your international trip: personal assistance and medical expenses, insurance in the event of an accident, repatriation, baggage insurance, cancellation insurance, civil liability. It is your responsibility to check your insurance coverage.
E. Your responsibility for your communications
You acknowledge that you, and not FLEX, are responsible for all electronic communications and content sent from your site connection tool (computer, mobile, etc.) and that you must use the Service in compliance with applicable laws.
FLEX has selected local guides who are experts in tailor-made itineraries within various industries. FLEX provides a connection service with local guides.
To be a partner of FLEX and offer you its services, the local guide undertakes to respect a certain number of commitments towards Members, including those:
→ Send a quote or make personalized contact with you, within 48 hours;
→ Only use the email and telephone provided via the FLEX platform to communicate with you;
→ Provide you with all the services mentioned in the travel program;
→ Notify FLEX when the local correspondent is absent for any length of time and is unable to be responsive;
→ Do your best to ensure the best quality of services strive to find replacement solutions in the event of difficulties;
→ Communicate to you its conditions of sale, its payment and cancellation conditions before any reservation confirmation;
→ During your trip, you agree to respect the rules set out by the guide or any other representative of the Local guides. These rules aim to ensure the smooth running of the program and are also safety rules;
→ Any activity of the Member which is not part of the travel program is not the responsibility of the Local guides.
→ The local guides is responsible to you as an intermediary between You and the various service providers that it has selected as part of your program.
However, as indicated in their general conditions which you must accept when validating the quote for your travel program, the local guides cannot be held responsible for:
→ Forgetfulness, loss or damage to your personal items; Theft or damage to your personal items in hotels; Damaging consequences resulting from a force majeure event (bad weather, natural disaster, a political problem, strike);
→ Damage committed by other travelers;
→ Consequences linked to delays, impediments, or cancellation of air transport flights;
→ Consequences linked to schedule or airport changes;
→ Consequences linked to delays or impediments due to land transport;
→ Consequences linked to delays, or impediments, or cancellation due to rail transport;
→ Failure to respect schedules on your part.
Before making a reservation with a local guides, you agree to read and accept its general conditions of sale as well as its conditions of payment and cancellation of its service.
A. Cancelation
Any cancellation must be the subject of a letter or email informing the local Agent directly in the forms prescribed by the general conditions of the Local guides. Cancellation fees may be payable by the Member. Their amount varies depending on the deadline for this cancellation and the conditions of the Local guides to which you must refer.
We invite you to carefully read these cancellation, (pre)payment and no-show conditions and to make any future payments within the deadlines agreed with the Local guides.
It is the Member'sresponsibility to notify their cancellation insurance within the time periods required by the cancellation conditions in order to check whether they are eligible to cover cancellation costs. The cancellation insurance contribution is never refundable. The conditions transmitted by the local guides will be those which will be applied by the latter towards you. The amount of the cancellation fees will be deducted from the deposit paid by the Member when booking after the local guides. If the Member made his payment on the FLEX secure payment platform, FLEX will credit it using the payment method initially used (bank card, direct debit, etc.).
B. Payment
Any reservation is effective once a deposit has been received.
The payment conditions are those provided for by the general conditions of the local guides to which you must refer.
Each local Agent is required to communicate to you its conditions and means of payment, and these will be applied.
Travelers pay local guides using the secure payment platform provided by FLEX. To do this, local guides send Members a payment link communicated by email, once the quote has been accepted.
C. Changes
Between the time the quote is written and the time you give your agreement, availability of accommodation may be called into question. Changes may therefore take place and will then be made with your agreement.
D. Unused services
Any trip shortened or interrupted, or any land, river, sea or air service not consumed for any reason whatsoever will not give rise to any reimbursement by the Local guide or FLEX.
It is the traveler'sresponsibility to take out insurance to reimburse unused services.
E. FLEX Customer Service Support
In the event of financial failure of the Local guides, making it impossible for it to execute the selected travel program, FLEX will provide assistance in trying to find an alternative solution with another Local guides.
As part of this commitment, FLEX undertakes to ensure that you do not suffer any financial loss as a result.
FLEX therefore undertakes to compensate you up to the amount already paid. This compensation will take the form of a refund if no alternative local guides is able to provide the travel program you have paid for, or by paying an equivalent sum directly to the alternative local guides. If the totality or balance of the trip remains to be paid, these sums would be owed by You to the local substitution guides without FLEX being held liable in this regard.
In the event of a dispute with the local guides, before, during or after your trip, FLEX customer service is at your disposal to help you resolve it and can be contacted for this purpose at the following address: contact us.
The content of the site www.flexbywhistle.com is developed and governed in accordance with French laws. the General Conditions of Use are subject to French law.
This applies to both the substantive rules and the formal rules and its content will be assessed by the competent French court alone. Conflict of law rules are excluded in favor of full and unreserved application of French law, except in the case where provisions applicable in your country of residence require the application of other rules or another attribution of jurisdictional competence , and that such provisions cannot be waived by contract. We draw your attention in particular to the fact that the law applicable in your country of residence located in one of the member countries of the European Union may provide for more favorable rules of law which will be binding on FLEX if you do so.
You, like us, agree to submit any dispute between you and us to the non-exclusive jurisdiction of the French courts. In this regard, you can take action to assert your rights in France or in the country of the European Union in which you reside.
In the event of a dispute between you and FLEX, you have the option of resorting to a conventional mediation procedure or any other alternative method of dispute resolution.
The European Commission also provides you with an online dispute resolution platform which you can access here: https://ec.europa.eu/consumers/odr/
FLEX reserves the right to modify at its sole discretion the services, products and content offered by the Site or to restrict access to them. Use of the Site despite notification of change constitutes acceptance of the modifications implemented.
In the event that any portion of these General Conditions is declared invalid or unenforceable under applicable law, including, without limitation, the exclusions of warranties and limitations of liability set forth above, the provisions in question will be deemed invalid or unenforceable, superseded by valid and enforceable provisions that most closely match the intent of the original provision, the remaining terms of these Terms of Use remaining in full force and effect.
FLEX will have the right to assign, transmit, subcontract or delegate rights, duties or obligations under these General Conditions of Use. No such right is granted to you.
If one or more provisions included in these General Conditions of Use were to prove or become invalid in whole or in part, the other provisions would not be affected in any way. Both contracting parties undertake to apply, where applicable, a new provision which, from an economic point of view, will come as close as possible to the invalid provision.
These General Conditions of Use are available in the language of the Site. The specific version of the General Conditions of Use to which you signify your agreement will not be individually kept by FLEX.
As this Site is not periodically updated on a regular basis, it should not, therefore, be declared as an editorial product under any legal system whatsoever.
