The company TRIPTWIN operates an online platform that can be accessed through the website www.triptwin.com or from the "Triptwin" mobile application that can be downloaded on IOS (hereinafter collectively referred to as the "Platform"), through which it provides anyone who has registered (hereinafter referred to as the "Users") with a best-prices reservation service, for rooms or apartments (hereinafter referred to as the "Accommodation") in hotel establishments selected by Triptwin (hereinafter referred to as the "Hotels").
Triptwin and the Users are hereinafter individually or collectively referred to as a “Party” or “Parties”.
The purpose of these General Terms and Conditions of Use of the Website (hereinafter referred to as the “General Conditions of Use”) is to define the terms and conditions of use of the services provided on the Platform to the Users (hereinafter referred to as the "Services"), as well as to define the rights and obligations of the Parties within this framework.
They can be accessed and printed at any moment from a direct link at the bottom of the Platform's homepage.
They may be subject to certain additional terms and conditions specific to certain Services. The latter are hereby incorporated into the General Conditions of Use and, in the case of any inconsistency between the General Conditions of Use and these specific conditions, the latter shall prevail.
The Services are operated by the company Triptwin, a simplified joint stock company with a registered capital of 1000 Euro, registered under number 822 894 820 with the Registry of Trade and Companies of Paris, and whose head office is located at 11 rue de Grenelle, 75007 Paris, France (hereinafter referred to as “Triptwin").
Triptwin may be contacted through any of the following channels:
Postal Address: 11 rue de Grenelle, 75007 Paris, France
E-mail address: firstname.lastname@example.org
The Services may be accessed, subject to certain restrictions that are set out and clearly indicated on the Platform by:
- Any individual having the full legal capacity to be bound by these General Conditions of Use. Any individual who does not have this full legal capacity can only access the Platform and the Services with the agreement of their legal representative.
- Any legal entity acting through an individual having full legal capacity to contract for and on behalf of the entity.
The Platform and the Services are intended exclusively for private individuals and are not intended for professional use, the latter being any use that is directly or indirectly linked to regular salaried employment in any sector of industry and trade.
By registering for the Services, under the conditions provided for in the Article hereunder "Registration on the Platform", Users declare that they are aware of and expressly accept the contents of these General Conditions of Use.
These General Conditions of Use can be accepted by checking a checkbox in the registration form, and this acceptance can only be full and unequivocal, without modification of any nature whatsoever.
Any conditional acceptance shall be considered as null and void. Any User who does not accept to be bound by these General Conditions of Use must not use the Services, or access the Platform.
5.1 Registration by the User
To access and use the Services, all Users are required to open an account with Triptwin on the Platform following one of two procedures described below, the choice of which is at Triptwin’s discretion (hereinafter referred to as the "Account").
Each User is required, depending on the choices proposed by Triptwin, and the User’s own preference where applicable, to:
- (i) Fill in a registration form provided for this purpose on the Platform’s home page, providing all required information, including their surname, first name(s) and email address.
- (ii) Choose a password.
- (iii) Check, on the registration form, the box "I have read and I accept the General Conditions of Use".
Users hereby acknowledge and accept that they must provide all information that is marked as mandatory and they also acknowledge and accept that their email address shall be used as their login ID on the Platform. If a User registers using the mobile application, they acknowledge and accept that their phone number shall be used as their login ID. Users can change their password at any time on the "Settings” tab of their “Account”. They are advised to change their password regularly.
- Register on the Platform through one of the third-party social networks suggested by Triptwin on the Platform homepage.
- Check the box "I have read and I accept the General Conditions of Use".
Users who wish to register on the Platform in this way acknowledge and agree that they must be already registered on the chosen social network. They must use their login credentials for this social network to register on the Platform using the appropriate social network connection button. Users agree to provide Triptwin with any additional information requested by the latter. Users expressly authorize Triptwin to access and retrieve the personal information and usage data of their account on the third party social network in question.
5.2 Guarantees relating to the information provided
5.2.1 Users guarantee Triptwin that the information provided by them on the registration form or on the third party social network is accurate, up-to-date and sincere and is not misleading in any way.
Users agree to inform Triptwin without delay of any changes in said information at the contact address indicated in the Article "Operator of the Platform and Services” of these General Conditions of Use. They agree to update this information in their Personal Space in the event that any of it should change in order to continuously meet the above-mentioned criteria.
Users are hereby informed and accept that the information provided by them for the creation or update of their Account is valid as proof of their identity. Details entered by Users shall be binding upon confirmation.
5.2.2 Registration on the Platform shall open an Account and allocate a personal space in a format and according to the technical means that Triptwin deems most appropriate to provide the Services (hereinafter referred to as the “Personal Space”').
Users can access their Personal Space by logging in using their login credentials.
Users agree to use the Services themselves personally and agree not to allow any third party to use them on their behalf, unless accepting full responsibility for the consequences.
In the same way, Users are responsible for keeping their login credentials confidential. Users must contact Triptwin immediately, through any of the channels mentioned in the Article “Operator of the Platform and Services”, if they notice that their Account has been used without their knowledge. Users acknowledge Triptwin's right to take all measures it deems appropriate in a case such as this.
When using the Services, Users are prohibited from monetizing, selling, transferring, exchanging and, more generally, trading all or part of the Services or any of the information, texts, images, and other contents used on the Platform, by Triptwin and/or the Hotels.
Users have access to the following Services in a format and according to the technical means that Triptwin deems the most appropriate.
7.1 Defining User preferences
Users have the possibility to let Triptwin know of their preferences regarding the sort of travel conditions they like, by filling out the questionnaire provided by Triptwin on the Platform.
Once Users have filled in the questionnaire, this information shall allow Triptwin to propose reservations to Hotels that correspond as much as possible to the Users’ expectations and preferences, and this under the conditions defined below. The Accommodation shall also be ranked in order of preference, in accordance with the criteria provided in the travel conditions mentioned above.
7.2 Searching for Accommodation
Once registered, Users may start searching for Accommodation in a Hotel at the destination and dates of their choice.
To do this, Users must fill in information relating to their search on the form provided for this purpose on the Platform, including:
- The destination they wish to travel to, chosen from those proposed by Triptwin on the Platform.
- The dates of the beginning and end of their trip.
Users must also answer three questions asked by Triptwin on the Platform, namely:
- How they intend to travel (alone, as a couple, as a family, with friends)
- Their budget
- The occasion for which they shall be travelling.
Once all of the information has been filled in, Users can access a database through which Triptwin provides them with a list of Hotels offering available Accommodation at the requested dates (hereinafter referred to as the "Database"). Where appropriate, Hotels are listed in the Database, taking into account the Users’ preferences as indicated on the Platform, under the conditions set out in the Article "Defining User Preferences" above.
Users are hereby informed and accept that their request cannot be processed if they do not provide all the requested information.
As an exception to this rule, a User may decide not to mention the destination they wish to visit. In this hypothesis, they undertake to answer two additional specific questions asked by Triptwin on the Platform. Triptwin shall then present the User with a Database containing a list of Hotels in destinations that Triptwin would judge most appropriate according to that User’s profile, which Users acknowledge and accept.
Users are informed that a maximum of five (5) Hotels may be proposed in the Database.
7.3 Access to Hotel profile pages
Users have access to the profile pages of the Hotels which are proposed to them in the Database (hereinafter referred to as the "Profiles").
Profiles provide Users with comprehensive information about:
- The Hotels
- Their level of service and comfort
- Their location
- The services they offer and in particular the characteristics of the Accommodation, their availability and their nightly price
- The average rating given to them by other Users who have previously made a reservation
- As well as any comments they may have made.
This information allows Users to make their choice regarding the Hotel and the Accommodation that they wish to retain for their reservation.
Users also have the option to identify the Hotels that they prefer among those proposed in the Database. They can identify a Hotel in this way by marking the Hotel as a “favourite”.
Hotels identified in this way shall be listed on the Platform within a specific section that Users can access, called the "Wishlist".
7.4 Reserving an Accommodation
Users may reserve Accommodation on the Platform (hereinafter referred to as the "Reservation").
To do this, a User must select the Hotel and the Accommodation that they wish to reserve for the travel dates they are interested in.
The User can access the summary of their Reservation and correct any errors in the information they provided at any time, as long as they have not yet validated the reservation. Once they have checked their shopping cart, the User can validate their Reservation, accept the General Conditions of Use of Sale of the Hotel and proceed to the payment stage of the reservation using the Platform, in accordance with the provisions of the Article "Financial Conditions" below.
Validation of the Reservation under these conditions sends the Reservation to the chosen Hotel.
Triptwin shall send a confirmation email to the User as soon as possible, summarizing the details of the Reservation.
7.5 Managing and tracking Reservations
Users have access, in their Personal Space, to a tool allowing them to manage and track their Reservations.
They can consult their past and future Reservations.
Users acknowledge and accept that they are bound by the specific cancellation conditions provided for in the Hotel's internal regulations.
7.6 Rating the Hotels
At the end of each Reservation, Triptwin sends an alert to the User, through any pertinent channels, inviting them to rate the Hotel and potentially add a detailed comment.
Users are informed that they shall be able to assign a rating to a Hotel on a scale of 1 to 5, according to the quality of the Hotel's services, to its compliance with the level of service and comfort advertised on its Profile, as well as the Hotel’s general setting.
7.7 Other Services
Triptwin reserves the right to propose any other Service that it deems appropriate, in a format and according to the technical means that it deems the most appropriate for providing such Service.
8.1 Price of Services
The Services are provided to Users free of charge, provided that Users exclusively assume their own Internet access charges and communications costs.
8.2 Accommodation Prices
The prices for Accommodation are those displayed on the Platform at the time of the Reservation. Unless otherwise stated, they are expressed in Euro and are inclusive of taxes.
The prices are determined unilaterally and at the discretion of the Hotels, subject to the Best Price Guarantee as stipulated below.
8.2.1 Best Price Guarantee
The Hotels undertake to determine prices for their Accommodation that are equal to or less than the prices it applies on its own website for the same accommodation at the same level of service and for a reservation on the same dates (hereinafter referred to as the "Best Price Guarantee").
Triptwin invites Users to send them any complaints concerning any dispute or difficulty they may encounter related to the Best Price Guarantee, under the conditions of the Article "Complaints" below.
Triptwin undertakes to send the Hotels any complaints issued by Users concerning the non-respect by the Hotel of the Best Price Guarantee.
8.2.2 Price revisions
Accommodation prices may be subject to revision by any Hotel at any time, at their sole discretion. The revised price must respect the Best Price Guarantee.
8.2.3 Payment for Accommodation
Users are informed and accept that for the purpose of payment for Accommodation, Triptwin sends the Hotel in question the reserving User’s bank details, as they were provided on the Platform. The bank details are sent to the Hotel in an encrypted manner so that Triptwin has no access to this information at any time.
Users acknowledge and accept that Hotels are responsible for debiting and collecting monies owed for Accommodation, Triptwin not being a party to the transaction between the Hotels and the Users.
Invoices shall be issued for payments for Accommodation and sent to Users through any channels deemed pertinent by Triptwin.
Users acknowledge and accept that the conditions of cancellation for Reservations are determined and managed by the Hotels themselves. These conditions shall be stipulated on the Hotels’ individual Profiles, on the confirmation email sent by Triptwin to the User when a Reservation is validated and/or in the General Terms & Conditions of Sale of the Hotel.
Users expressly acknowledge and accept:
(i) That data collected on Triptwin's Platform and computer equipment attest to the reality of the transactions performed within the framework of these General Conditions of Use
(ii) That such data constitutes the only form of proof admitted between the Parties.
Users can access this data in their Personal Space.
Pursuant to the provisions of Article L221-28 12° of the French Consumer Code, Users acknowledge and accept that they do not have the right of withdrawal after validating a Reservation.
Without prejudice to other obligations provided for in these General Conditions of Use, Users undertake to respect the following obligations:
11.1 Users agree, in their use of the Services, to respect and abide by all laws and regulations in force and not to violate public order or infringe the rights of any third party.
11.2 Users acknowledge having read on the Platform, and understood, the specifications and constraints, particularly of a technical nature, of the entire range of Services. Each User is solely responsible for their use of the Services.
11.3 Users are hereby informed and accept that implementation of the Services requires that they be connected to the Internet and that the quality of the Services depends directly on this connection, for which Users shall be individually and solely responsible.
11.4 Users are also solely responsible for the relations they may form with the Hotels and for the information they may share with the latter within the framework of the Services. Users must exercise appropriate caution and good judgement in these relations and exchanges. Users also undertake, in these exchanges with the Hotels, to respect the usual rules of politeness and courtesy.
11.5 Users agree that the Services are for strictly personal use only. They therefore undertake not to transfer, assign or lease in any way all or part of their rights or obligations herein to any third party.
11.6 Users agree to provide Triptwin with all information necessary for the proper performance of the Services. More generally, Users agree to actively cooperate with Triptwin with a view to ensuring the proper performance of these General Conditions of Use.
11.7 Each User is solely responsible for the contents of whatever nature (editorial or otherwise, including the image that the User may choose to identify themselves with on the Platform), that they post online within the context of these Services (hereinafter referred to as the "Content").
Each User guarantees Triptwin that they have all the necessary rights and authorizations for the posting of this Content.
Users undertake to ensure that this Content is legal, does not disrupt public order, is not contrary to accepted standards of public decency, does not infringe any third party rights or legal provision and/or regulation, and more generally, is in no way likely to bring the civil or criminal liability of Triptwin into play.
Users therefore agree to refrain from posting online, in particular, but not limited to:
- Content that is pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, slanderous, or of a violent, racist, xenophobic or revisionist nature
- Counterfeit Content
- Content that is detrimental to the image of any third party
- Content that is false, misleading or proposing or promoting unlawful, fraudulent or misleading activities
- Content that could harm a third party's computer system (such as viruses, worms, Trojan horses, etc.)
- And more generally, any Content that is likely to infringe on the rights of others or cause harm to others in any manner or form.
11.8 Users acknowledge that the Services provide them with an additional, but not an alternative, solution to the means and methods they already use to achieve the same objective and that this solution cannot be a substitute for these other means.
11.9 Users shall take all necessary measures to back up through their own resources the information they deem necessary in their Personal Space, as no copy of this information shall be provided to them.
Each User guarantees Triptwin against any claims, demands, actions and/or grievances whatsoever, that Triptwin could incur as a result of a breach by the User in question of any one of the User’s obligations or guarantees under these General Conditions of Use.
Users agree to compensate Triptwin for any prejudice that the latter would be subject to, and to pay any costs, liabilities, charges and/or convictions that the latter could incur, as a result of such a breach.
13.1 It is strictly prohibited to use the Services to the following ends:
- Carrying out activities that are unlawful, fraudulent or infringe on the rights or the security of others
- Violating public order or any local policies or laws
- Hacking into the computer system of a third party or any activity aimed to harm, control, interfere or intercept all or part of a third party's computer system, violating its integrity or its security
- Sending unsolicited emails and/or prospecting or commercial canvassing
- Tampering with the aim to improve referencing of another website
- Assisting or inciting, in any manner or form whatsoever, the carrying out of one or more of the actions or activities described above
- And more generally, any action that uses the Services for any other purpose than that for which they were intended.
13.2 Users are strictly prohibited from copying and/or using for their own purposes or those of a third party, the concept, technology or any other component of Triptwin's Platform.
13.3 Also strictly forbidden are: (i) any behaviour that would interrupt, suspend, slow down or prevent continuity of the Services, (ii) any hacking or attempts to hack into Triptwin's IT systems, (iii) any hijacking of the Platform's system resources, (iv) any acts that would place a disproportionate load on the Platform's infrastructure, (v) any attempts to breach the Platform's security and authentication structures, (vi) any acts that could infringe on the rights or financial, commercial or moral interests of Triptwin or of the users of its Platform and finally, generally, (vii) any breach of these General Conditions of Use.
13.4 It is strictly prohibited to make money from, sell or transfer all or part of one's access to the Services or to the Platform, or to the information that is hosted and/or shared on the Platform.
In the event of a breach by a User of any of the provisions of these General Conditions of Use or more generally, of any infringement by a User of any laws and regulations in force, Triptwin reserves the right to take any measures it deems appropriate and in particular:
(i) To suspend or terminate access to the Services for any User who has breached any provision or infringed any law or regulation, or who has participated in this breach or infringement
(ii) To delete all content the latter had placed online on the Platform
(iii) To publish on the Platform any related informational message that Triptwin deems useful
(iv) To inform any relevant authorities
(v) To engage any legal proceedings.
In the event that a User breaches an essential obligation arising from these General Conditions of Use, Triptwin reserves the right to terminate that User's access to all or part of the Services, effective immediately, by letter or email. Termination shall take immediate and full effect at the date that Triptwin sends the User in question written notification as per the present clause. This automatically, and without prior formal notice, brings about the deletion of the User's Account without prejudice to the other consequences potentially incurred through the application of these General Conditions of Use.
Triptwin undertakes to ensure, in terms of an obligation of means, the hosting of the Accounts, as well as any content posted online by the Users in their Accounts in accordance with the practices of the profession and industry standards, on its own servers or those of a professional hosting provider, carrying out its activity in accordance with the practices of the profession and industry standards.
In this context, Triptwin undertakes to provide Users with adequate storage and processing capacities within the framework of the Services and in accordance with the practices of the profession and industry standards.
Triptwin undertakes to implement all technical means necessary, in compliance with industry standards, to ensure the security of and access to the Services, pertaining to the protection and monitoring of the infrastructures, the control of physical and/or virtual access to such infrastructures, and the implementation of detection, prevention and recovery measures to protect servers from malicious acts.
Triptwin also undertakes to take all necessary precautions, with regard to the nature of the data and the risks involved in the automated data processing used for accessing the Services, in order to protect the data, and in particular, to prevent the data from being distorted, damaged or accessed by any unauthorized third parties.
16.1 Triptwin undertakes to provide the Services with diligence and in compliance with trade practices, specifying that it has an obligation to provide means, but this without any obligation of result, and this is expressly acknowledged and agreed by Users.
16.2 Triptwin acts as a broker in that it makes available to Hotels and Users the tools and technical means allowing them to connect through the Platform. Triptwin's liability is limited to the provision of these means, as described hereto, and to enabling the interaction of Users and Hotels.
Triptwin acts in its own name and does not execute any legal act in the name of or on behalf of Hotels or Users, who establish contracts directly between themselves.
Triptwin is not a party to contracts concluded between Hotels and Users and cannot under any circumstances be held liable for any difficulties which may arise in the conclusion or execution of these contracts. The Hotels are solely responsible for the proper execution of the rental agreement with regard to the Users, as well as for the quality and the conformity of the Accommodation and services proposed in their description on the Profiles.
In particular, Triptwin does not guarantee the completion of the transactions or the execution of the contracts concluded between the Hotels and the Users. Consequently, and in particular, Users acknowledge and accept that Triptwin cannot be help liable for for any situation of overbooking of a Hotel.
Triptwin provides no warranty regarding (i) the conformity of the Profiles with regard to applicable laws and regulations, or (ii) the conformity of the Accommodation and services with all legal and regulatory provisions.
However, in an effort to constantly improve the quality of the Services, Triptwin invites Users to submit all comments and information that they may wish to bring to its attention concerning the quality of the Services provided through the Platform.
16.3 Triptwin has no knowledge of the Content posted online by Users within the context of the Services, and shall not moderate, select, check or monitor in any way this Content and with regard to which Triptwin only intervenes in the role of hosting provider.
Consequently, Triptwin cannot be held liable for Content whose authors are third parties, and any potential claims should be made firstly to the author of the Content in question.
Any Content that causes prejudice to a third party can however be the subject of a complaint to Triptwin within the conditions defined in Article 6 I 5 of the French law No. 2004-575 on Security in the Digital Economy of 21st June 2004, Triptwin reserving the right to take the measures set forth in the Article “Sanctions for Breaches”.
16.4 Triptwin agrees to regularly check that the Platform is operational and can be accessed. To this end, Triptwin reserves the right to interrupt access to the Platform momentarily for maintenance purposes. In the same way, Triptwin shall not be held liable if the Platform is ever momentarily difficult (or impossible) to access, the causes of these circumstances being outside its control, force majeure, or due to any disruption in the telecommunications network.
16.5 Triptwin does not guarantee to Users (i) that the Services, which are subject to constant research to improve their performance and progress, will be totally free of errors, faults or defects, (ii) that the Services, being standard and not offered specifically to any one given User according to that User’s own personal constraints, shall specifically meet that User’s needs or expectations.
16.6 In any event, any liability that could be incurred by Triptwin within the framework of this agreement is expressly and solely limited to direct actual damages suffered by Users.
In the case of acts committed by a Hotel that are prejudicial to a User, the victim User may submit a complaint to Triptwin by post or by email to the address given in the article "Operator of the Platform and Services", after having previously sought an amicable solution with the Hotel in question.
The complaint must include:
- The date the complaint is sent
- The identity of the complainant User (surname, first name, email address and contact telephone)
- The identity of the Hotel causing the prejudice (company name, SIRET number, address of its head office, email address and contact telephone)
- A description of the facts in dispute accompanied, where appropriate, by a link to the web page where the facts can be proven
- As well as a copy of the correspondence addressed to the infringing party seeking an amicable solution.
Triptwin will freely take all measures it deems appropriate, without obligation on its part, and/or pass the complaint on to the appropriate authorities.
Users shall make it their own personal business should they decide to engage any legal proceedings against a Hotel, before any court of law, for any prejudices caused by the latter.
The systems, software, structures, infrastructures, databases and content (text, images, graphics, music, logos, trademarks, databases, etc.) used by Triptwin on the Platform, are protected by all applicable intellectual property rights, or rights for the creators of databases.
Any dismantling, decompilation, deciphering, extracting, reusing, copying and, more generally, any reproduction, representation, publishing or use of all or part of any these items, without Triptwin's authorization, is strictly prohibited and could lead to prosecution.
Triptwin practises a policy of protection of personal data, the characteristics of which are detailed in the document "Charter concerning the protection of Users’ personal data", which Users are expressly invited to read on the Platform.
Triptwin reserves the right to insert advertising or promotional messages on any page of the Platform and in any communication with Users, in a format, and according to the conditions, that Triptwin deems appropriate.
Triptwin can in no way be held liable for the technical availability or unavailability of Internet sites or mobile applications operated by third parties (including its potential partners), which Users would access through the Platform.
Triptwin shall not be liable for content, advertisements, products and/or services available on such third-party sites or mobile applications and Users are hereby reminded that these sites are governed by their own terms and conditions of use.
Triptwin shall not be liable for any transactions conducted between Users and any advertisers, professionals or salespersons (including its potential partners) to which Users may be oriented through the Platform and shall not take part in any disputes whatsoever with these third parties, particularly concerning the delivery of products and/or services, guarantees, declarations or any other obligations whatsoever to which these thirds parties may be bound.
Subscription to Services is taken out for a term of unlimited duration.
Users can opt out of the Services at any time from their Personal Space.
Opting-out is effective immediately, subject to the fulfilment of ongoing Reservations or Reservations that have been made but not yet fulfilled. This shall cause the automatic deletion of their Account.
In addition, Triptwin reserves the right to terminate the registration of any User, in the event of failure to comply with any of the provisions of the General Conditions of Use, under the conditions set out in the article "Sanction of Breaches".
In the event of a dispute relating to these General Conditions of Use, Users have the option to contact a consumer ombudsman, free of charge, in accordance with the Articles L612-1 of the French Consumer Code.
A list of approved ombudsmen is available on the website of the Consumer Ombudsman and can be accessed at the following address (site in French): http://www.economie.gouv.fr/mediation-conso.
Users also have the option to file a complaint via the platform for Online Dispute Resolution, which can be accessed at the following address:
This link is also accessible on the Platform, in the dedicated section.
In the event of failure in the appointment of a mediator or in the mediation itself, the most diligent party may refer the matter to a court of competent jurisdiction in accordance with the terms of the article below.
Triptwin reserves the right to amend these General Conditions of Use at any time.
Users shall be informed of these amendments through any pertinent channel.
Any User that does not agree with the amended General Conditions of Use must opt-out of the Services according to the provisions set out in the Article “Term of Services, Opting out”.
Any User who uses the Services after the entry into effect of the amended General Conditions of Use shall be deemed to have accepted these amendments.
In the event that these General Conditions of Use are translated into one or more languages, the language of interpretation shall be French in the event of any contradiction or dispute concerning the meaning of any one of their terms or provisions.
These General Conditions of Use are governed by French law.
In the event of dispute concerning the validity, interpretation and/or application of these General Conditions of Use, the Parties hereby agree that the courts of Paris shall be the only competent jurisdiction capable of judging the dispute, save conflicting mandatory rules of practice.
These General Conditions of Use become effective on September 1st 2017