Terms and conditions

2018/05/11

Introduction

The following Terms and Conditions, from now on "Terms" are applied to all the content of the site, and from now on "platform", "site" or "web site", under the domain name tourpourtous.com and consequently any subdomain.

We recommend, because of its importance, to dedicate some time and read carefully this document before using the web site. THE USE OF THE PLATFORM INDICATES THAT YOU ARE ACCEPTING THESE TERMS. IF YOU ARE NOT IN AGREEMENT WITH THEM, YOU SHOULD NOT MAKE USE OF THE PLATFORM.

The platform allows the persons in charge of particular houses and other services, from now on "hosts", to publish their services, from now on "services", in order to help the interested to make use of them and have the possibility to choose the one they wish more.

The terms "user" will be used from now on to refer to the hosts and clients.

Tour pour Tous in not an agency travel. From tourpourtous.com we facilitate, to those who wish to travel to Cuba, the search of lodgings in particular houses properly recognized by the Cuban authorities and other services equally legal.

The platform, also disposes of a considerable volume of information in relation to different cities and touristic destinies, so you, user of the platform, decides what to do and know before your stay in Cuba, helping you at the same time, to enrich your experience.

Objet

Tour pour Tous, responsible of the web site, makes this document available for the users aspiring to fulfill the rules written in the Law 161/2001 "Legal frame of technology of the information" as well as to inform all users of the web site about their Terms of usage.

Every single person who accesses to this web site assumes the role of user, compromising him/her in the observance and rigorous fulfillment of the dispositions discussed here, as well as any other out of the application.

Intellectual and Industrial Property

The web site, including a declarative title but not limited to its programming, edition, compilation and other necessary elements for its functioning, the designs, logo, text and/or graphic, are property of Tour pour Tous or in its case, it disposes of an express license or authorization from the authors’ part.

Apart from the main objective for which they were created, the total or partial reproduction, use, exploitation, distribution and commercialization, it requires a previous and written authorization from Tour pour Tous. Any unauthorized use will be considered as a relevant non-compliance of the rights of the intellectual and industrial property.

The designs, logo, text and/or graphics that do not belong to Tour pour Tous, and may appear in the web site, belong to their respective owners, being them the responsible of any possible controversy that may arouse about those. In any case, we count on a previous and express authorization for its use.

Usage rights

It is forbidden to copy, reproduce, distribute, publish, transmit, spread, or in any way explode any part of this service without the previous and written authorization from Tour pour Tous and the corresponding authors. However, the user can download material in his/her computer only for personal and no commercial use, limited to one copy per page, but he/she cannot delete or alter the copy of any legend of Author Rights or the one who manifests being the author of the material.

To make any kind of observation according to the possible non-compliances about the rights of intellectual or industrial property, as well as any of the contents of the web site, you may do it through the following e-mail: infocontact@tourpourtous.com

Applicable Law and Jurisdiction

For the resolution of all the controversies or matters related to the present web site or the activities developed, the legislation of Canada will be applied.

The parts involved are expressly subordinated to this legislation, being competent for the solution of all the conflicts derived or related to the use of the platform, only the Court and Tribunal of Quebec, no matter if the user have his/her place of residence out of this territory.

Applicability of the Terms

We expose the Terms that will govern the services through the web site, property of Tour pour Tous enterprise.

These Terms are applied to all the users of the platform, so you cannot profit its kindness if you do not agree with the ones exposed here.

Its approval involves that the user:

  1. Has read, understands and comprehends what we expose here.

  2. Is a capable person

  3. Assumes all the obligations disposed

Because of that, in the same moment you use the services of the platform, we understand that you accept all its Terms, even when you have not registered yet.

The Terms presented here will have an indefinite time of validity and will be applicable to all the services of the platform.

We reserve the right to unilaterally modify those Terms, without affecting those services that were conceived before the modification.

Terms of usage of the platform

The use of the platform is conceived for users over 18 years old. Any use of the platform by users under this age, implies and supposed the authorization and supervision of parents or the legal tutor, who will assume all the responsibility of the actions made by the minor towards Tour pour Tous and towards any third implied.

The inscription of lodgings, services and the register of users are totally free, however, all this information is linked to verification. In the same way you will freely consult any announcement published and the rest of the available information in the platform.

To be registered in our platform is important, among other aspects, to:

  • Be able of reserving a service

  • Manage the reservations made

  • Comment on a service received once you have enjoyed it.

We only deal with hosts properly recognized by the Cuban laws.

We do not accept responsibilities for any agreement taken among the interested parts. You understand and accept that Tour pour Tous does not answer in front of any attitude of the hosts or clients at the moment of receiving or offering a service.

We do not, either, accept responsibilities nor control all the referent to the information about lodgings, services or users, despite of the efforts we make to verify the veracity of all the data.

If you make any of the actions of the user register, registration of lodgings or services, you must understand that these actions will only make you a user of the platform, non-employee or partner of Tour pour Tous. Besides, as a user, you accept not to use any image of Tour pour Tous that can allow you to be identified as partner or in any case that may indicate you count on our support. It includes not using any element of our intellectual property.

Responsibilities of user

We do not accept responsibilities for those pieces of wrong information or for omission cases that may appear in the profiles, information of the published lodgings or services present in the platform, as well as the behavior of the users.

The use of the platform is completely responsible for the actions made and the exercises of publishing, consulting and managing announcements. Only the user answers for the exactitude and integrity of the content, as well as for the legal character.

The direct relations among the users, as the exchange of information, negotiations or any other action in relation to the service offered that do not involve the platform, will be exclusively made among them without any intervention or responsibility of Tour pour Tous.

The user who publishes a certain service in the platform must guarantee its availability and must be sure not to violate any of the referred rights to third persons, as the right of author and intellectual or industrial property. In case of happening a declaration of violation about it, the user assumes all the responsibility and he/she compromises him/her not to make responsible and indemnify Tour pour Tous of any damage, lost or additional cost. The user also assumes all the responsibility because of any damage that may occur in the informatics system for its use.

Besides, when accessing or using the platform, the user compromises him/her not to:

  • Use the devices or automatic software, or any other system designed to interfere or try to interfere with the functions and services of the platform, upload or try to upload any malicious codes, files or other elements with the objective of damaging the software and/or hardware of the platform or other tools of telecommunication to thirds;

  • Make any action that determines an overload of data or transfer big amount of data within the system tourpourtous.com and considered, an only discretion of tourpourtous.com, as contrary to a reasonable and adequate use of the site and its objectives;

  • Use or copy the content of the platform with the end of creating or compiling data basis or other recollection of information to carry out any other kind of activity that may compete with our site;

  • Upload, transmit, send publicity messages or commercial information of spam, chain messages, invitations to bidding or contests, non-wished e-mails, surveys or other ways of non-required requests;

  • Upload, publish or spread any illegal, obscene, vulgar, injurious, pornographic or defamatory material, any religious or political content, offensive to the moral of good living and public order, or on the other way, violate the rights of others or spread messages inciting hate or any class of discrimination;

  • Use the platform or any of its content in the same way that it could be considered, by the only discretion of Tour pour Tous, unreasonable and/or contrary to the goals for which they were conceived;

  • Violate any person’s rights, including the authors’ rights, commercial secrets, rights of privacy, or any other right of intellectual and industrial property or other reserved rights.

  • Fake your identity or commit acts towards the acquisition of benefits, passwords or information in a delusive way;

  • Violate the contract or other Terms established by Tour pour Tous;

  • Violate any disposition of the applicable law;

  • Violate in any way the actual laws of Canada;

Every host of the platform must offer the needed information so the users may get oriented at the moment of the searching or the reservation of the lodging.

We reserve the right of making any action that may be considered convenient with the end of avoiding any unauthorized access or use of the platform; including, without limitations, the creation of technological barriers, the communication of the behavior of the user to the competent authorities or the revocation of the access to the site, without warning, if you have violated the previous dispositions.

Limitation of responsibilities

We get engaged in order to do all we can to guarantee the continuity of the services to the users.

This web site has been checked and proved to have a correct functioning. Firstly, it may be guaranteed the correct performance the 365days of the year, 24 hours a day. Nevertheless, we do not reject the possibility of the existence of some programming mistakes, or causes of higher force may appear like natural catastrophes, strikes or similar circumstances that may make impossible the access to our web page.

Tour pour Tous is free from any kind of responsibility derived from the information that has been published in our web site, as long as this information has been manipulated or introduced by a third, someone strange to it, and at the same time manifests to immediately remove the information or any other content that may contravene the national legislation, the moral or the public order, and getting the competent authorities to know.

Besides, we do not offer any guarantee about the content, integrity and exactitude of the announcements published, not even about the data published, not making reference to the quality or quantity of the results obtained through the service. Nevertheless, we worry to regularly verify that the information available in the platform will be always updated.

Tour pour Tous is also unaware of any posterior negotiations derived from the use of the service, so, it does not guarantee their results or quality. As a simple example, but not limited to it: If the lodging is busy at the moment of the client’s arrival or he is not in agreement with the announcement, or if the client does not feel satisfied with the lodging. IT IS RESPONSIBILITY OF THE USER TO VERIFY THE DATA OF THE SERVICES RESERVED.

We cannot and we do not accept any responsibilities with those fortuitous events derived from misbehaviors or criminal acts. That is why, IT IS USERS’ TOTAL RESPONSIBILITY TO LOOK AFTER HIS PERSONAL AND MATERIAL GOODS.

In spite of all we have exposed, Tour pour Tous is ready to listen to, participate and try to find a solution to any need or request of the users.

Limitations in the provision of services.

We do not take responsibilities of the damages derived from the lack of services under this contract and/or the low performance of the electronic mechanisms of communication, because of reasons that are out of our control, as it could be the case, but not limited to it: the low performance of the server, informatics virus or actions made by hackers or other users with access to the net.

We reserve for us, at any moment, the right to evaluate, approve, delete, stop the insertion or to inhibit the consult if, to its self-discretion, the use of the services from the part of the user may be considered as a negative affectation to the rights or prerogative of Tour pour Tous or thirds, or may interfere in the high performance of the platform.

You accept and assume all the responsibility for the use of the platform, the services, the contents, the recommendations, its announcements or the reservation in any lodging or service made through the web site or any contact you have with other users of Tour pour Tous, in person or via internet.

We do not accept responsibilities, being informed or not because of:

  • Fortuitous, quantifiable, indirect or penal damage, including the loss of benefits, data or commerce fond.

  • The interruption of the service, informatics damage or system failure

  • The cost of products and alternative services.

  • Personal damage, injury or psychological damage derived from the result of the use of the platform.

  • The damage may emerge from the use or impossibility of using the web site, the services or the contents.

  • The damage may arise after any communication among the users of the web site.

  • The services or persons you establish communication or interact as a result of the use you make of the platform.

Exemptions of responsibilities

We are not responsible in analyzing the criminal records of any user, or the possible record of sexual aggressions, so if you admit our services and our platform, we assume you accept any responsibility for those issues. Both the clients and the hosts may make these kinds of investigation, if they consider doing so, as long as they do not violate any of the established laws in their respective countries.

Nevertheless, apart from making or not the research work, and in case of the existence or not of any record that may be identified as an inappropriate behavior, we cannot guarantee that a user will not commit those acts in the future.

The information received as part of the evaluations, advice and/or comment, either written or verbal, do not constitute a guarantor.

We do not accept responsibilities either for the actions made by the users out of the platform, even when Tour pour Tous is the one who facilitates the via. It is not our responsibility the content and the communications established among the users. We do not make any kind of control to these types information. When using the services, the contents and the recommendations offered by the platform, you are assuming all the responsibility about these topics.

Price and payment policies

The access to the platform and its registration are totally free. You will only pay in those cases where you make a reservation.

The prices reflected in the platform are those perceived by the users for the services and are published in CUC (Convertible Cuban Pesos) plus the price resulting for the use of the platform, as a percentage associated to the total amount of the services reserved and to be paid in the currency you prefer, to choose among CAD, USD, EUR or GBP. This allows, among others aspects, to cover the costs and to work in ameliorating every day the service offered in our site.

The prices may vary in real time and they depend on variables such as the season chosen, nevertheless, once reserved and paid they will be respected till its end.

The payments are going to be made, exclusively, through PayPal. We recommend you to always pay in your currency to avoid the conversion costs according to PayPal policies, on the contrary the client must take into account that the amount resulting in the payment bill, may vary because of the international fluctuation of the currency exchange.

We cannot and we do not accept responsibility from those differences that for good or not, are caused by the variation in time of that conversion among currencies, or the amount or percentage earned by your bank or PayPal because of the additional costs. Please, to obtain more information we suggest you to check the policies of your bank and PayPal, too.

The user understands that Tour pour Tous does not assume any kind or responsibility for the service of on line payment, so this action will be executed under the Terms and Conditions established by the processor of payment offered in the platform, in this case PayPal.

At the moment of requesting a reservation, the deck of payment demands the information that refers to the user and his credit card or payment method to verify its veracity, but they will only proceed to the payment after being verified the availability, being confirmed your reservation.

All payments made in the platform will have a notification, which will get to you through an e-mail. In any case, you will always be able to have the information updated in your profile, so if any failure occurs with the bill of the notification we recommend you to use this option.

In order to have more safety, we suggest printing all the messages you consider important, as the bills or notifications of the reservations. Take the messages printed with you during your travel as a guarantee of having made the reservation and the payment of those services hired.

Cancelation and repayment policy

For the client

We offer the possibility to our clients of annulling a reservation previously confirmed before the 72 hours of the arrival without any penalization.

If you cancel after the 72 hours before the date of the arrival, you will not have right to a repayment from the amount paid for using the platform. This action will send a notification to the host and the team of Tour pour Tous, allowing among other actions, to free the days you had reserved.

The payment made for the use of the platform will not be repaid either, with less than 72 hours of the date of the arrival in the cases they had cancelled the reservation or interrupted by reason that are not under anyone’s control. These reasons include causes of higher force such as climate, hurricane, earthquake, terrorism acts, etc., but are not limited to them.

You will not be able to cancel the reservation after the date of the arrival; this will be the case where, as a client, you do not make use of the service reserved.

If you want to modify the information of the reservation, you must proceed to its cancellation and after, the creation of a new one. Take into account that the new reservation may be subject to a variation of price with regard to the original.

For the host

Any action of cancellation from the part of the host will generate a notification to the client and the team of Tour pour Tous.

The host has the possibility of cancelling a reservation in all moments, although with the objective of taking care of the service offered in the platform and the users’ profiles, we manage the policy in the following way:

If the cancellation is made before the date of the arrival, the client will be notified and the 100% of the payment for the use of the platform will be repaid, permitting the client to make a new reservation. In the profile of host, the cancellation will be registered so it may affect your evaluation in the platform.

If the cancellation is made after the date of arrival, the host, in order not to affect his profile and his evaluation in the platform, must demonstrate that the client did not show up or decided not to use the reservation. In this case, the client will not have right to a repayment.

Policy against discrimination

We advocate the inclusion (we welcome our users no matter their differences) and the respect (we value the moral of our users no matter where they come from and understanding that they all, as human beings, have the same rights and duties in the same scale). We guide and promote these values in order to help our users to get identified and do not feel rejected. Spite of the differences, we trust in every one’s capacity to accept them or excel them.

Because of those reasons, Tour pour Tous will receive you no matter where you live and what your likes, norms or values are, and we exhort all the members of our community to get engaged in doing all the possible things to promote communication and links among all the cultures, giving no place to prejudicial or discriminatory attitudes in our platform.

Nevertheless, we know very well that internationally, there are lots of places or religions in which certain ideas and conceptions are fully normal, but there are others where discriminatory and not adequate actions are held. Because of that, we work and search a space where everyone feels welcome and well received, apart from their culture and their values.

We do not support any action of rejection among our users. No matter if it is when welcoming them or during their stay, the hosts must make an effort and be hospitable and the clients must respect the rules of the lodging.

Taking into account the previous words, our community must keep a behavior of acceptance and tolerance. As example, but not limited to it, the users must respect the differences in age, skin color, ethnic group, nationality, religion, sexual orientation, political ideology, incapacity, genre, genre identity, marital status, etc., as well as they cannot modify any conditions or prices differently to the ones previously established, after being influenced by one of these reasons.

If any event occurs, even when legal causes aroused, respect must be always shown.

In the cases where some of the points established here against discrimination were violated in the announcements, the host will be demanded to modify it following our Policy and reaffirming his understanding and will to accomplish the policy.

Tour pour Tous may sign off, if he thinks it is necessary, the hosts or clients that show, repeatedly, a rejection attitude or an inadequate behavior.