TERMS AND CONDITIONS OF USE

Last Update Date: 25 February 2025

elloha is an online platform published by elloha SAS with variable capital, based at 2 bis, rue Fabrique d'en Nabot in Perpignan (66000-France), registered in the Trade and Companies Register under number B 837 856 806.

The following general terms and conditions (the "General Terms and Conditions" or the "GTC") govern the relationship between elloha and the Subscriber who subscribes to one of the services or products marketed by elloha.

In order to be able to subscribe to elloha's services, the Subscriber must accept these General Terms and Conditions when creating his account on the website (app.elloha.com) or via the addresses made available to him, where applicable, by his network. The Subscriber will confirm this by clicking on the "I accept the General Terms and Conditions and the Privacy Policy" button. Without this acceptance of these General Terms and Conditions, you will not be able to use elloha. Use of elloha in breach of these Terms and Conditions may result in civil and criminal penalties.

elloha reserves the right to supplement, amend and update these general terms and conditions at any time. The Subscriber will be notified of these changes via the "Notifications" function, which is visible at the top right-hand corner of the elloha back-office screen and is illustrated by the icon of a bell. If the Subscriber disagrees with the new general terms and conditions, he must notify elloha in writing no later than five (5) days after the date on which the changes come into force, taking care to indicate the clause or clauses created or changed with which he disagrees. elloha undertakes to provide the Subscriber with the justifications for these changes within five (5) days and if the Subscriber still disputes these changes, the penultimate version in force of the general terms and conditions of use shall apply to the contractual relationship until the next subscription renewal date (the date shall apply depending on the subscription frequency chosen by the Subscriber; either monthly or annually). After this period, if the Subscriber still does not accept the modified conditions, their only recourse is to stop using the Platform. Otherwise, if the Subscriber does not notify elloha of his/her disagreement with the new general terms and conditions within the aforementioned period and in the aforementioned manner, it shall be understood that the Subscriber accepts the changes notified by elloha.

elloha provides an online platform (SaaS for Software As A Service) which enables its Subscribers (tourism and leisure service providers such as accommodation providers, organisers of sporting, cultural or training activities or other tourism businesses and services) who operate leisure and tourism products and/or services to offer these products and services for online booking to their own customers. The products and services are offered by elloha Subscribers on their own website (by integrating the elloha booking widget) or on partner websites (Distribution Channels) that are partners of elloha. These Services may therefore be accessible on the Subscriber's booking engine and any other Internet Platform or mobile application on which the Subscriber has agreed to distribute its Services via elloha (hereinafter collectively referred to as the "Platform"). Under no circumstances shall elloha be a party to the commercial relationship between its Subscribers and their end customers; elloha is merely a technical intermediary.

elloha is not a party to any agreement entered into between Subscribers and Customers and is not a real estate broker, estate agent, insurer, travel agent, tour operator or manager of tourism or leisure activities. elloha does not exercise any control over the behaviour of Subscribers and Customers and excludes all liability in this respect to the extent permitted by law.

In addition to accepting these general terms and conditions of use, the Subscriber must choose one of the subscription packages offered by elloha, details of which can be found on our website www.elloha.com in the "Prices" section. The exact definition and details of the subscription packages may vary from time to time, and more detailed information on the current features and functionalities of each subscription package is provided during the registration and subscription procedure for the chosen package.

By virtue of the foregoing, the Subscriber is solely responsible for the commercial and financial management of his or her own website. elloha does not guarantee the commercial profitability of the Subscriber's website or a minimum number of visits and/or bookings and, therefore, cannot be held liable in this respect.

The Subscriber shall have a free 21-day test period during which it shall be possible for it either to take out its subscription or not to continue with its test period and, consequently, to agree to all data entered in this context being destroyed by elloha at the end of the 21 days.

"Content" means any text, graphic, image, music, software (with the exception of the Platform), audio, video, information or other elements.

"Customer" means a natural or legal person who requests to reserve a Product or Service from a Subscriber via the Platform or a natural or legal person who consumes a Product or Service and who is not the operator.

"Subscriber" means a natural or legal person who creates an elloha account via the Platform or via partner portals.

"Offer" means a Product or Service offered for booking by a Subscriber via the Platform.

"Subscriber Content" means any Content that a Subscriber posts, uploads, publishes, submits or transmits in order to make it available on the elloha Platform.

"Tax" or "Taxes" means any sales tax, value added tax (VAT), goods and services tax (GST), tourist tax, tax applicable to tourists or other Customers, miscellaneous taxes, fees that the providers of the Products and Services may be legally obliged to collect and remit to the administrative authorities, any other similar indirect municipal, state, federal or national tax or other deduction and tax on income or profits.

Certain sections of the Platform may be governed by other published terms and conditions or may invite you to accept additional terms and conditions. In the event of any inconsistency between these Terms and those governing a specific area of the Platform, the latter shall prevail with respect to your use of or access to that area of the Platform.

If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the right to bind such company or other legal entity in accordance with these Terms, in which case "you", "your" and "yours" shall refer to and apply to such company or other legal entity.

The elloha Platform is intended only for persons who are 18 years of age or older. Any access to or use of the Platform by a person under the age of 18 is strictly prohibited. By accessing or using the Platform, you represent and warrant that you are 18 years of age or older.

To use the Platform and subscribe to our services, the Subscriber must register and create an account. To this end, the Subscriber must provide true, up-to-date, complete and accurate information, as requested during the registration procedure, which refers to him/herself. The Subscriber may not register or create an elloha account on behalf of a third party. If the information provided by the Subscriber proves to be false, incomplete or out of date, elloha reserves the right to suspend or terminate the Subscriber's account immediately and without any right to compensation whatsoever.

The login details (username and password chosen by the Subscriber) will enable the Subscriber to access his/her account, from which he/she will be able to use the services accessible according to the subscription package chosen.

The Subscriber is obliged to keep his/her login details confidential and not to pass them on to third parties. elloha is obliged to take the necessary measures to prevent any disclosure of the Subscriber's login details. The Subscriber assumes full responsibility for the actions taken on his account and, consequently, on the services accessible according to the subscription package taken out. You undertake not to reveal your password to third parties and you shall be responsible for any activity or action on your elloha account, whether or not you have authorised said activities or actions. You shall keep your login details confidential and shall not pass them on to third parties. You shall report any unauthorised use of your elloha account to elloha immediately.

elloha considers the account holder to be the holder of the e-mail address provided at the time of registration.

A special service is available for natural or legal persons who own several establishments and wish to have a special subscription enabling them to manage several establishments at the same time. Access to this service is requested via the elloha sales department ([email protected])

When you open your account, you have a 21-day trial period. You will not be asked for any bank details during this contractual trial period during which, even if you are not a "confirmed" elloha Subscriber, you are subject to compliance with all of our contractual provisions. This trial period allows you to appreciate the functions of the platform and, if necessary, to confirm your decision to adopt it definitively by inserting your bank card (or your SEPA mandate) and authorising the debit of your monthly or annual subscription. Consequently, given the free 21-day trial period and the fact that the booking falls within the main scope of activity of your establishment or organisation, you acknowledge that you have no other right of withdrawal, by virtue of :

With the exception of multi-ownership accounts that have been the subject of a specific licence for common use, you may not have more than one (1) active elloha account and you may not open an elloha account on behalf of a third party.

Operation of the Platform

The Platform may be used to facilitate the publication and reservation online or by any means allowing a reservation (whether remote or not) of tourism and leisure products and services (hereinafter the "Products or Services").

elloha offers an online platform or marketplace equipped with appropriate technology enabling Customers and Subscribers to meet online and organise reservations for tourism and leisure products and services, or other businesses, directly between themselves. elloha does not own or operate the goods and services of its Subscribers; nor does elloha act as a supplier of goods or other Products or Services and elloha does not own, sell, resell, supply, rent, lease, manage and/or control any goods - including rooms, activities or other Products or Services, transport or travel services. Unless expressly stated otherwise on the elloha Platform, elloha's responsibilities are limited to the following: (i) facilitating access to the Platform and (ii) acting as a technical reservation operator on a limited basis for each Subscriber for the purpose of making reservations for Customers - whether they book "directly" with the Subscriber or via the channels on which the Subscriber distributes itself using the elloha channelmanager - on behalf of the Subscriber.

elloha cannot and does not control the content of the accounts or the status, legality or character of the products and services offered by the Subscribers. elloha excludes all liability for the information published. Consequently, Customers make their bookings at their own risk. Subscribers must ensure that they enter information on the elloha platform that complies with the laws and regulations in force in the countries in which they operate their business and/or market themselves. However, for the purposes of random checks or at the request of a customer or an administrative or judicial authority, elloha reserves the right to check an account in its entirety, to submit, if necessary, requests for clarification or information to the Subscriber and, either in the absence of replies or in the event of unsatisfactory information being provided, elloha reserves the right to terminate the account on its own initiative, giving the Subscriber 5 days' notice. However, in the event of an emergency and if there are serious doubts about the account, elloha may take all necessary precautionary measures within a shorter period of time.

The Subscriber may subscribe to one of the various packages described on the "Prices" screen on the www.elloha.com website or, if the Subscriber belongs to an elloha partner network, in the pricing documents sent to him by his network. By subscribing to one of the packages, the Subscriber will have access to the corresponding Services and upgrades.

As the online booking activity falls fully within the customer's (or subscriber's) main field of activity, the 21-day trial period is therefore fully equivalent to the withdrawal period provided for under French law.

The Subscriber may freely change formula and subscribe at any time to a formula different from the one they initially subscribed to. In this case, access to and use of the new package is immediate. In the event of a change of package, the invoice for the month in which the change takes place will include the proportional part based on the number of days in the period during which the Services in each package were provided.

The Subscriber may subscribe to additional services provided by elloha and/or its partners when selecting a package or at a later date. The choice of one or more options may result in additional costs that will be automatically deducted from the means of payment provided by the Subscriber at the time of subscription or when renewing his means of payment; with the exception of the Stripe options, which are deducted directly from the cash flows owed by Stripe to the Subscriber.

Subscription to the Stripe payment and flow service is subject to the Subscriber's acceptance of and obligation to comply with the "Know Your Client" (KYC) rules imposed by Stripe and to provide the supporting documents required by Stripe as a regulated financial provider.

Your contract with elloha takes effect on the day you open your account and the start of your trial period. At the end of your 21-day trial period, the elloha subscription is taken out for a minimum period of 1 month (ONE MONTH). If you have chosen a monthly subscription, this can be cancelled at any time using the "Cancel my subscription" function, which can be accessed from your elloha account via the "Account/Payment" menu. No cancellation request will be taken into account by the elloha teams on the basis of an e-mail message from you, a telephone call or a registered letter and you remain responsible for cancelling your subscription yourself using the function described above. Please note that each month started will be billed in full, even if you cancel during the period. Unless you cancel, each subscription is automatically renewed for an equivalent period (one month if the subscription is for a monthly period, one year if the subscription is for an annual period).

In the event of non-payment of your subscription for any reason whatsoever (expired bank card that does not allow your monthly subscription to be debited, rejected SEPA mandate, refusal of payment of your subscription by your bank, etc.), elloha reserves the right to suspend your subscription and therefore access to your account. However, when events beyond your control occur (bank card stolen or expiring, etc... preventing your subscription from being debited), elloha will send you warning messages to inform you that your subscription has not been (or will not be) honoured and that, in the absence of a new means of payment enabling your account to be regularised, your account will be suspended as a precautionary measure. Beyond a period of 2 weeks after non-payment of your subscription, elloha reserves the right to cancel your subscription and to delete, without any prejudice whatsoever, all the data inherent in your account.

The Subscriber may cancel his subscription at any time by using the "Cancel my subscription" function in the "Account" Menu, "Payment" Tab. Under no circumstances will this cancellation result in the reimbursement of any sums paid by the Subscriber in return for the Subscription, which are therefore non-refundable. Similarly, where applicable, the Subscriber must pay elloha any fees accrued or accrued in advance in relation to the Subscription taken out. Please note that if your elloha account is terminated, we are not obliged to delete or return to you all the content that you have published on the platform, the website, the application and the services, including, in particular, any rating or opinion or feedback.

If the Subscriber benefits from a free trial period, they may terminate the subscription before the end of the trial period by sending a confirmation email to [email protected].

Furthermore, elloha may, at its sole discretion and without incurring any liability to the Subscriber, with or without cause, with or without prior notice, at any time, decide to limit, suspend, deactivate or cancel the Subscriber's elloha account. If any such decision is made under these Terms, any of the following actions may be taken, with or without notice or explanation to you: (a) your elloha account will be deactivated or suspended, your password will be deactivated, and you will no longer be able to access the Platform, the App, the Services, your elloha account, your Customer Content, or receive support from elloha Customer Service, (b) any future bookings made or accepted as a Subscriber or Customer will be cancelled immediately, (c) we may notify your customers that a potential or confirmed booking has been cancelled, (d) we may refund your customers in full for any confirmed bookings, regardless of any existing cancellation policy. You will not be entitled to any compensation for bookings (including confirmed bookings) that have been cancelled as a result of the suspension, deactivation or termination of your elloha account.

elloha attaches great importance to the quality of its customer relationship with its subscribers and we do our utmost to guarantee you the best service in all circumstances. However, you may decide to publish a negative review against us. If this opinion is deemed to be unfounded or in bad faith, taking into account the objective elements in our possession (interventions by our sales and support teams in your regard, nature of the problems encountered, solutions proposed and frequency of exchanges, etc.), elloha reserves the right - as a precautionary measure - to suspend your account until an amicable solution is found between elloha and you (Subscriber). This suspension is not equivalent to termination (which remains at your sole initiative) and therefore does not lead to exemption from payment of your subscription to elloha.

As a Subscriber, you may create Products and Services for publication and/or reservation via the Platform. In order to create the Product(s) or Service(s) concerned, you must fill in as much of the elloha data as possible, including in particular the location, capacity, size, characteristics and availability of the Product or Service as well as its price and the relevant booking rules and conditions. In order to be published, all Products or Services must have a valid physical address. Customers will be able to book your Product or Service via the booking engine provided by the Platform based on the information provided in your Account. You understand and accept the following: once a Customer has made a booking request for your Product or Service, you may no longer ask the Customer to pay a price higher than that indicated in the booking request.

You acknowledge that you are responsible for any Information that you publish. Consequently, you represent and warrant that any information you publish and any reservation of a Product or Service, or any consumption by a Customer of a Product or Service published through the Platform (i) do not breach any agreement you may have entered into with third parties and (ii) (a) will comply with all applicable laws, tax obligations, rules and regulations that may apply to any Product or Service that is the subject of a publication (including obtaining all required permits, licences and registrations) and (b) will not infringe the rights of third parties. Please note that elloha excludes all liability for Subscriber's compliance with any agreements or obligations entered into with third parties, as well as applicable laws, rules and regulations. elloha reserves the right, at any time and without notice, to remove or disable access to any account for any reason, including accounts that elloha, in its sole discretion, deems objectionable for any reason or detrimental to the Platform.

If you are a Subscriber, you understand and agree that elloha is not acting as an insurer or contracting agent on your behalf. If a Customer requests to book your Product or Service and consumes it, any agreement you enter into with such Customer shall be binding only on you and such Customer, with elloha not being a party to such agreement. Notwithstanding the foregoing, elloha does not act as a payment collection agent on behalf of the Subscriber for the purpose of accepting, on behalf of the Subscriber, payments by Customers of amounts specified by the Subscriber.

When you create an account, you may also choose to include certain conditions that must be met by Customers who may request to reserve your Product or Service.

elloha does not endorse any Subscriber or Product or Service. You understand that the images are only intended to provide a photographic representation of the Product or Service on the date on which the photograph was taken under your sole responsibility. Consequently, the images do not constitute an endorsement by elloha of a Subscriber or of a Product or Service. These Terms require Subscribers to provide accurate information, and while elloha may undertake additional checks and procedures to help verify or check the identity or background of Subscribers, we make no representations, confirmations or endorsements about Subscribers, their identity or background.

When using the Platform, you agree that any legal remedy or liability sought as a result of acts or omissions is limited to a claim against Subscribers or other third parties who caused the damage. You agree not to seek any liability or remedy from elloha for such acts or omissions.

You understand and acknowledge that you are solely responsible for complying with any laws, rules and regulations, and tax obligations that may govern your use of the Platform. When using the Platform, you may not and you agree not to:

More generally, elloha may not be held liable for any errors or damage resulting from improper use of the Services by the Subscriber or any Guest.

elloha shall have the right to file a request for investigation and to take legal action for any breach of the conditions set out above, to the extent permitted by law.

elloha may access, retain and disclose your information if it is required to do so by law or in the good faith belief that such action is reasonably necessary to (i) respond to claims against elloha or comply with any legal process (e.g. administrative and judicial subpoenas, subpoenas or warrants), (ii) to enforce or administer its contracts with users, such as these Terms and Conditions, (iii) for the purposes of fraud prevention, risk assessment, investigation, customer support, product development and error correction, or (iv) to protect the rights, property or safety of elloha, its users or Subscribers.

You acknowledge that elloha is not obliged to monitor your access to or use of the Platform or to examine or modify any Subscriber Content, but that it has the right to do so as part of the operation and improvement of the Platform (including, in particular, for the purposes of fraud prevention, risk assessment, investigation and customer support), to ensure that you comply with the Terms, to comply with applicable law or the decision of a court, administrative authority or government agency, to respond to content that it considers to be harmful or as described in these Terms. elloha reserves the right, at any time and without notice, to remove any Content or disable access to it if elloha, in its sole discretion, considers such Content to be objectionable for any reason, contrary to these Terms or harmful to the Platform.

elloha undertakes to provide Subscribers with support and assistance services under the following conditions:

The subscription packages offered by elloha enable the Subscriber to synchronise the offers created and managed in elloha (descriptive content, availability, rates) with the distribution channels connected to elloha.

This data is only synchronised with the channels chosen by the Subscriber via the "Distribution channels" menu on the platform.

Synchronisations are carried out via two types of connection (XML eXtra Markup Language, which is real-time) and iCal (i-Calendar, which is not real-time). elloha does not give any guarantee as to the proper functioning of synchronisations established via iCal given the potentially unstable and asynchronous nature of these connections; this may result in booking data not being updated. The Subscriber acknowledges that under no circumstances can elloha be held responsible for the technical and/or economic consequences that may result from the malfunctioning of these iCal calendars.

Synchronisation in XML mode, although more reliable, may be subject to malfunctions (connection failure, internet failure, data mapping failure between elloha and the distribution channel and vice versa, etc.) which may lead to consequences in terms of unconfirmed bookings, overbooking, differences in pricing or booking terms, etc. Although rare, these cases are taken very seriously by elloha and are dealt with, in the first instance, by the Support team. However, these malfunctions may originate with the distributor (distribution channel) and not with elloha. This is why, in such cases, the Subscriber undertakes to systematically contact elloha's Support team and the technical support of the distribution channel in question. elloha shall not, under any circumstances, be held liable for any malfunctions observed in such cases unless it can be shown to the contrary, as part of a documented and contradictory procedure (with the intervention of a technical expert). In the event that the liability of elloha is established, the amount of compensation claimed by the Subscriber may under no circumstances exceed the value of the subscription taken out and paid for by the Subscriber over the period concerned; this is expressly acknowledged and accepted by the Subscriber.

Even in the event of a breach, error or lack of due care on the part of elloha, and regardless of the reason for which its liability is sought, elloha shall only be liable to the Subscriber on the basis of these General Terms and Conditions for direct damage. Indirect damage, loss of opportunity or operating loss or damage to the company's image and/or reputation, loss of earnings, loss of profits or expected savings, loss of customers, loss of turnover, whether or not such damage was foreseeable in principle or in scope, are expressly excluded.

In any event, elloha's liability for damages caused by elloha shall in no event exceed the amount actually received by elloha from the Subscriber in consideration for the Services over the previous twelve (12) months and solely via the subscriptions received, with the exception of any sums paid, in particular, for online transaction fees.

"Amount of the reservation of Products or Services" refers to the sums due and payable by a Customer for the consumption of a Product or Service reserved via the platform. Only the Subscriber, and not elloha, sets these amounts. The Subscriber may, at its sole discretion, decide to include in these amounts (i) any other charges authorised on the elloha platform, or (ii) the Taxes that the Subscriber must collect.

If you are a Subscriber and a reservation for your Product or Service is sent to you via the Platform, we will provide you with (i) the first name and surname of the Customer who made the reservation, (ii) the nature of the Product or Service reserved with the consumption dates of said Products and Services, (iii) and, the bank details, where applicable, provided by the payment system that you have chosen to connect to your elloha account via the "Account/Cash" menu. Please note that, as part of the enhanced security procedures known as SCA (in force on European territory since 1 January 2021), access to bank details in elloha (via the Payment Center function ) will only be possible for Subscribers who can provide elloha with proof that they have an Eftpos terminal (Electronic Payment Terminal) in their establishment, which must have the MOTO (Mail Order Telephone Order) options. Consequently, in order to benefit from access to the elloha Payment Center and therefore to the customer's bank details, the Subscriber must send elloha a copy of his Eftpos terminal contract. elloha reserves the right to request that this contract be updated or confirmed from time to time in order to ensure that the Subscriber still has these solutions in his establishment. In the absence of justification, elloha will not give access to these functions to the Subscriber, who acknowledges and accepts this.

Furthermore, even if the Subscriber has access to the Payment Centre for the bank details sent by the partner distributors (including the OTAs), the Subscriber acknowledges that this information may be incomplete or deliberately modified and truncated by the distributor for obvious security reasons. The distributors reserve the right, in fact, to communicate to you - via elloha - only part of the information that is useful for the proper execution of the booking. Even if only partial, this information can still be used via Stripe or a physical Eftpos terminal equipped with the MOTO option (see above).

elloha does not collect any sums linked to the booking of your Products and Services and only notifies the collection (in secure mode and via the PSP - or Secure Payment System - that you will have activated in your elloha account) of the sums owed by your Customers for the purposes of guaranteeing payment or actual payment, whether partial or total.

If your account is authorised to use the Payment Center, the sums shall be debited by you via your own electronic payment terminal under your own responsibility or, if you do not have one, via the Stripe option, the PayBox option, the PayZen option or the PayZone option (only for the African continent) offered by elloha as part of its optional elloha offer.

Any person (European or non-European) who is the holder of a bank card used to pay for a reservation on your elloha account (via your PayBox, Payzen, PayZone or Stripe terminal) may repudiate this payment if they consider that their bank card has been used wrongly and fraudulently(https://www.economie.gouv.fr/dgccrf/Publications/Vie-pratique/Fiches-pratiques/fraude-a-carte-paiement).

Repudiation of a payment is a consumer and bank card holder protection mechanism governed by the terms of article L.133-23 of the French Monetary and Financial Code(https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000020861573).

If you use - via elloha - a Stripe account, the repudiation procedure provides for the sums to be immediately debited from your account in order to be returned to the complainant(https://elloha.zendesk.com/hc/fr/articles/4404612680209-Paiement-contesté), unless you can demonstrate that this repudiation (supporting evidence that you must provide to Stripe via elloha) is not justified.

The Subscriber therefore acknowledges that any repudiation definitively contested by a Cardholder's bank may result in financial penalties being imposed on the Subscriber's Stripe account and the definitive withdrawal of the sums due in respect of the contested reservation file.

Customers (those of the Subscriber), and not elloha, are solely responsible for paying for confirmed bookings and the Subscriber is solely responsible for making available any Products or Services booked on the Platform. If, as a Customer, the latter chooses to book a Product or Service with a Subscriber, the latter must agree to enter into a contract with the Subscriber and accept the provisions, conditions, rules and restrictions associated with the said Product or Service and imposed by the Subscriber by registering general terms and conditions of sale (and special terms and conditions of sale) in the menus provided for this purpose within the elloha application. By way of example, a model general terms and conditions of sale is made available to Subscribers at the following link(https://elloha.zendesk.com/hc/fr/articles/204501381-Mod%C3%A8le-de-Conditions-G%C3%A9n%C3%A9rales-de-Vente ). This text is given by way of example only and elloha accepts no liability whatsoever in the event of any dispute arising from its application. By ticking the general terms and conditions of sale on the booking engine provided by elloha (and placed on the Subscriber's website), the Customer shall acknowledge and accept that he alone, and not elloha, shall be required to comply with the obligations set out in the contracts in question, that elloha is not a party to these contracts, and that elloha disclaims any liability in connection therewith or arising therefrom. Once payment of the Total Fees has been made to the Subscriber, its payment obligation to the Subscriber for the Fees for the Products or Services is extinguished.

The Total Fees payable will be communicated to the Customer before he validates his reservation with the Subscriber via the platform. If a reservation is cancelled, any amount received by the Subscriber will be refunded to the Customer under the Subscriber's sole responsibility, in accordance with the general and special terms and conditions of sale published on the Platform by the Subscriber at the time the reservation is confirmed. Once these operations have been completed, any prior authorisation of the Customer's bank card shall be cancelled.

Please note that elloha has no control over any charges that may be billed to a Customer by its bank, relating to the recovery of the Total Fees by the Subscriber, and elloha accepts no liability in this respect.

In consideration for the use of elloha's marketplace and online platform, elloha applies Service Fees (Monthly or Annual Subscription) to Subscribers. Where applicable, Taxes (such as VAT in Europe) may also be charged on the Subscriber's Fees. Elloha does not charge any fees to the Customer.

In the event of cancellation of a booking involving a refund of all or part of the sums charged to the Customer, the Subscriber shall itself pay the balances to the Customer by cheque, PayPal, direct debit or any other means of payment described in its general terms and conditions published at the time of booking and in its confirmation documents.

Under no circumstances shall elloha be involved in the manual and financial operations relating to the cancellation of a booking.

In the event that the Subscriber uses the Stripe option, service charges will be applied to the booking file that is the subject of a collection, a partial refund or a total refund. Unless otherwise specified herein, the Service Fee is non-refundable.

If a Customer wishes to cancel a confirmed booking made through the Platform, either before or after consumption of the Product or Service, the Subscriber's cancellation policy stated at the time of booking (as confirmed in the booking confirmation document) will apply to such cancellation. As a general rule, Customer Fees under the Stripe, PayBox, PayZen, PayZone or MangoPay option are non-refundable, regardless of the cancellation policy chosen by the Subscriber. However, the Subscriber may decide, at his or her own expense, to reimburse the Customer.

If a Subscriber cancels a confirmed booking made via the Platform, the Subscriber will refund the Customer concerned all or part of the booking fee within a commercially reasonable period of time from the cancellation and in accordance with the terms set out in the Subscriber's booking conditions.

In certain circumstances, elloha may decide, at its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Platform. In this case, elloha shall immediately notify the Customer and the Subscriber.

elloha may, at its sole discretion, round up or down the amounts payable by / to Customers or Subscribers to the nearest whole functional base unit of the designated currency (e.g. to the nearest dollar, euro (or other currency)). For example, elloha will round the sum of €101.50 to €102.00 and the sum of €101.49 to €101.00.

Tax regulations may require elloha to collect tax information from its Subscribers. As a Subscriber, you are solely responsible for the updating, completeness and accuracy of the information given in your tax returns. As a Subscriber, if you fail to provide us with the documents that we consider necessary to fulfil our obligation (if any) to withhold payments from you, we reserve the right, at our sole discretion, to freeze your elloha account until the requested items are provided.

As a Subscriber, you understand and agree that you are solely responsible for determining (i) the applicable tax reporting obligations incumbent upon you and (ii) the Taxes that must be included and the inclusion of Taxes required to be collected or applicable Tax obligations in the Products and Services offered for booking through the Platform. You are solely responsible for the remittance to the relevant authorities of any Taxes included or collected by you. elloha cannot and does not offer advice on Tax matters to Subscribers.

You understand and acknowledge that the relevant government agencies, departments or authorities (the "Tax Authorities") responsible for your Product or Service may require Subscribers to collect Taxes from Customers on the amount paid for the right to use and/or occupy Products or Services, which Taxes must be remitted to the relevant Tax Authorities. The laws vary from country to country but these taxes generally take the form of a percentage of the amount of the reservation or the Charges for the Products or Services set by Subscribers.

Under no circumstances shall elloha use or exploit the personal data recorded in the Subscriber's elloha account as a result of a reservation, a quote, a registration on one of your forms, a data import, etc. As part of the use of your elloha account, personal and nominative data are captured (via the booking engine, contact forms or when you import data) under the sole responsibility of the Subscriber when a customer makes a booking, receives a quote or registers via a contact form linked to the customer relationship management functions available in elloha. The use of this personal data is the sole responsibility of the Subscriber and is subject to the regulations and laws in force in their country as well as in the countries where you distribute your offers via elloha. You must therefore ensure that your organisation complies with the legal obligations regarding the protection of personal data. For its part, elloha will ensure, in its sole capacity as technology provider, that it complies with the legal provisions relating to its sole responsibility - limited to the storage of your data - particularly with regard to the RGPD provisions.

Furthermore, the information collected about the Customer is processed by elloha and is essential for the operation of the applications made available. This information and personal data are also kept for security purposes, in order to comply with legal and regulatory obligations. It shall be kept for as long as is necessary for the performance of the work ordered and any guarantees that may apply on completion of such work. In any event, this data will be anonymised and deleted after 18 months if the elloha account that collected it is closed.

The company responsible for processing the data is elloha 2 bis, rue Fabrique d'en Nabot, 66000 Perpignan e-mail: [email protected]

Access to personal data is strictly limited to employees of the data controller who are authorised to process such data by virtue of their duties. The information collected may be communicated to third parties linked to the company by contract for the performance of sub-contracted tasks, without the Customer's authorisation being required. In accordance with the French Data Protection Act no. 78-17 of 6 January 1978, as amended by Act no. 2004-801 of 6 August 2004, and with European Regulation no. 2016/.679, the Customer, whether or not they are located on European territory, has the right to access, rectify, delete and port data concerning them, as well as the right to object to the processing of their data for a legitimate reason. These rights may be exercised by contacting the data controller at the postal or e-mail address mentioned above, enclosing valid proof of identity. In the event of a complaint, the customer may contact the Commission Nationale de l'Informatique et des Libertés (CNIL).

The Platform is protected by copyright, trademark and other laws in force in Europe, the United States and other countries. You acknowledge and agree that the elloha Platform, including all associated intellectual property rights, is the exclusive property of elloha and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary notices incorporated in or attached to the Platform.

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Content. By providing any Content on or through the Platform, you hereby grant elloha a worldwide, irrevocable, indefinite, non-exclusive, transferable, royalty-free, sub-licensable license to use, view, copy, adapt, modify, distribute, licensing, sale, transfer, public display and use, transmission, streaming, broadcasting, accessing, viewing and otherwise exploiting the Content in question on and via the Platform or promoting or marketing the Platform. elloha does not claim any ownership rights in respect of Subscriber Content and these Terms are in no way intended to limit any right to use and exploit such Subscriber Content.

You acknowledge and agree that you are solely responsible for any Content that you publish on the Platform. Consequently, you represent and warrant that: (i) you are the exclusive owner of any Content that you publish on the Platform , or you have all the rights, licences, consents and authorisations necessary to grant elloha the rights to any Content, as contemplated in these Terms ; and (ii) neither the Content nor your posting, uploading, submission or transmission of the Content nor elloha's use of the Content (in whole or in part) on, through or by means of the Platform will infringe, misappropriate or violate any patent, copyright, trademark, trade secret, moral right or other intellectual or other property right, or any right of publicity or privacy, or violate any applicable laws or regulations.

The Platform may contain links to third party Internet Platforms or resources. You acknowledge and agree that elloha excludes all liability for: (i) the availability or accuracy of these Internet Platforms or resources; or (ii) the content, products or services available on or from the Internet Platforms or resources in question. The presence of links to such Internet Platforms or resources in no way indicates that elloha endorses the Internet Platforms or resources in question or the content, products or services that elloha offers. You agree that you are solely responsible for and bear all risks associated with the use of any Internet Platforms or resources, or the content, products or services offered by such Internet Platforms or resources.

Some parts of the elloha Platform use Google Maps / Google Earth mapping services, elloha including Google Maps APIs. Your use of Google Maps / Google Earth is governed by Google's terms of use.

All trademarks, service marks, logos, trade names and other proprietary designations of elloha used herein are trademarks or registered trademarks of elloha. All other trademarks, service marks, logos, trade names and other proprietary designations are trademarks or registered trademarks of their respective owners.

elloha respects copyright laws and expects its users to respect them as well. It is elloha's policy to terminate the elloha Accounts of Subscribers or other account holders who regularly violate or are suspected of regularly violating the rights of copyright holders.

No advice or information, whether oral or written, obtained from elloha or through the Platform shall constitute a warranty other than as expressly set forth herein.

You are solely responsible for all of your communications and interactions with other users of the Site, App or Services and with other persons with whom you communicate or come into contact when using the Site, App or Services, including, without limitation, any Subscriber or Customer. You understand that elloha will not attempt to verify user statements on the booking engine, application or services, or to evaluate or visit any Subscriber. Elloha makes no representations or warranties regarding the behavior of users of the Booking Engine, App or Services or regarding their compatibility with current or future users of the Booking Engine, App or Services. You agree to take reasonable care when communicating or having contact with other users of the booking engine, the application or the services and with any person with whom you communicate or have contact in connection with the use of the booking engine, the application or the services, including, without limitation, Customers and Subscribers, specifically in the event that you decide to meet offline or in person, whether or not such meeting is arranged by elloha.

You acknowledge and agree, to the extent permitted by law, to assume all risks arising from your access to and use of the Platform, the Booking Engine, the App, the Services and the Collective Content, your listing or booking through the Booking Engine, the App and the Services and any contact you may have with other users of elloha, whether in person or online. Neither elloha nor any other party involved in the creation, production or distribution of the website, the application, the services or the collective content shall be liable for any incidental, special, exemplary or consequential damages, including loss of profit, loss of data or goodwill, interruption of service, computer damage or system failure. They shall also not be liable for the cost of substitute products and services, or for any other damages for personal injury, bodily injury or pain and suffering, arising out of or in connection with these terms and conditions or the use of, or inability to use, the booking engine, the application, the services or the collective content, any communication, interaction or encounter with other users of the site, the application or the services, or with any other person with whom you communicate or have contact in connection with your use of the booking engine, the app, the services or your listing or booking through the booking engine, the app and the services, whether such damages are based on warranty or liability in contract, tort (including negligence) or products or any other legal basis, whether or not elloha has been advised of the possibility of such damages, even if the limited remedies provided herein fail of their primary purpose.

You agree to release, defend, indemnify and hold harmless elloha, its affiliates and subsidiaries and their officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Platform, or your breach of these Terms; (b) your Content; (c) (i) your interaction with any Customer, (ii) your booking, or (iii) the creation of your Advertisement, (d) the use, condition or rental of any tourism and/or leisure product or service, including without limitation, any loss, damage or injury (compensatory, direct, incidental, consequential or otherwise) of any kind whatsoever arising out of or in connection with a booking via the elloha booking engine.

These Terms constitute the entire agreement and understanding between elloha and you with respect to the Platform, the Booking Engine, the App, the Services, the Collective Content and any booking or Announcement made through the Booking Engine, the Platform, the App and the Services; these Terms supersede any other prior agreement or understanding, oral or written, between elloha and you.

You may not assign or transfer these Terms, by operation of law or otherwise, without elloha's prior written consent. Any attempt by you to assign or transfer these Terms without prior consent shall be null and void. elloha may assign or transfer these Terms in its sole discretion and without restriction. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications permitted or required to be given hereunder, including those relating to the amendment of these Terms, shall be in writing and delivered by elloha (i) in the "Notices" area of the elloha App and/or service and (ii) where applicable and without limitation, by electronic mail (in each case, to the address provided by you). With regard to notifications sent via the Notifications area and/or by e-mail, the date of receipt shall be deemed to be the date of transmission of the notification. In addition, the date of update appearing in the introduction to the present document will be deemed to be the reference date.

These Terms shall be construed in accordance with the laws of France. You and we agree to submit to the jurisdiction of the courts of Paris for any action in which the parties retain the right to seek injunctive or other equitable relief from a court of competent jurisdiction to prevent any actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights, as set forth in Dispute Resolution below.

elloha and you agree that any dispute, claim or difference arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity hereof, or the use of the Services, the Booking Engine, the Platform or the App (hereinafter, collectively, the "Disputes") be determined by binding arbitration, each party retaining the right to seek conservatory or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and elloha waive the right to a jury trial, or to participate as a plaintiff or registrant in any class action or collective action. In addition, unless elloha and you agree otherwise in writing, the arbitrator shall not assume the claims of more than one person and shall not preside over class action proceedings of any kind. If this section is deemed unenforceable, this entire section regarding "Dispute Resolution" shall be deemed null and void. Except as otherwise provided in the preceding sentence, this section on "Dispute Resolution" shall survive termination of this Agreement.

In accordance with Article L. 612-1 of the French Consumer Code, the consumer, subject to Article L.612.2 of the French Consumer Code, has the right to submit a request for amicable resolution by mediation, within a period of less than one year from the date of his written complaint to the Professional.

elloha has designated SAS Médiation Solution as a consumer mediation body by means of a membership registered under number 52601/VM/2403.

In order to refer a matter to the mediator, the consumer must make his or her request:

- Either in writing to : Sas Médiation Solution - 222 chemin de la bergerie 01800 Saint Jean de Niost

- Or by e-mail to: [email protected]

- Or by completing the online form entitled "Contact the mediator" on the https://www.sasmediationsolution-conso.fr website

Whichever method is used, the request must contain :

- The applicant's postal, telephone and e-mail address,

- The name, address and Sas Médiation Solution registration number of the professional concerned,

- A brief statement of the facts,

- A copy of the prior complaint,

- Any documents required to process the request (order form, invoice, proof of payment, etc.)

elloha endeavours to secure access to and use of the Solutions, taking into account the protocols, in accordance with the practices in this area. elloha has put in place effective controls to protect against unauthorised physical and electronic access to its operating systems and applications, as well as to the Clients' confidential information, in order to provide reasonable assurance that access to the Clients' systems and Data is limited to authorised persons and that the Clients' confidential information is protected against any use that is not in accordance with its purpose.

elloha undertakes to implement effective controls in order to provide reasonable assurance that the applications made available to the Customers process the Data entrusted to it without any risk of omission, alteration, deformation or any other form of anomaly likely to harm the integrity of the results obtained from these applications and that the processing complies with the legal regulations applicable to them. The integrity of processing extends to all system components and all phases of processing (data input, transmission, processing, storage and output). These controls consist of checks on the consistency of processing, the detection and management of anomalies and the provision of information to Users regarding any associated risk of non-compliance.

The fact that elloha does not assert a right or a provision of these Terms and Conditions shall not constitute a waiver of the right or provision in question at a later date. The waiver of any such right or provision shall only be effective if in writing and signed by a duly authorised representative of elloha. Except as otherwise expressly provided herein, the exercise by either party of its remedies under these Terms shall be without prejudice to any other remedies available to it hereunder or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms to be invalid or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the remaining provisions of these Terms shall remain in full force and effect.

Any contact with elloha may be made :