General terms and conditions

1. Captain Booking Identification

The Captain Booking company is a SASU registered with the Paris RCS under number 990 200 750, whose establishment and head office are located at 60 RUE FRANCOIS IER, 75008 PARIS.

Captain Booking is registered in the Register of Travel and Stay Operators under number IM075260025

Captain Booking's professional civil liability is insured under the conditions provided for by the Tourism Code, taken out with HISCOX and under number HSXIN320080090A. This insurance covers the financial consequences of operational and professional/post-delivery civil liability that may be incumbent on Captain Booking due to damage caused to third parties as a result of its travel agency activity, in accordance with articles L. 211-18 and R. 211-35 to R. 211-40 of the Tourism Code.

Captain Booking holds a financial guarantee taken out with Groupama Assurance-Crédit & Caution, 3 place Marcel Paul – 92000 Nanterre, under contract no. 4000719157/0, valid from March 16, 2026 to December 31, 2028, under the conditions provided for by articles L. 211-18 and R. 211-26 to R. 211-34 of the Tourism Code. This financial guarantee constitutes a guarantee mechanism intended to protect funds received from customers in the event of financial failure of Captain Booking. It does not constitute professional civil liability insurance and does not cover the consequences of faults, errors, omissions or negligence committed in the exercise of the activity, which fall exclusively under the professional civil liability insurance mentioned above.

Captain Booking can be contacted using the following details:

• email address: support@captainbooking.com,

2. Definitions

Under the terms of these general conditions, terms starting with a capital letter have the meaning given to them below, whether they are used in the singular or plural:

“AI Assistant” means any conversational tool, automated or based on artificial intelligence functionalities, made available by Captain Booking, in particular via WhatsApp or any equivalent channel, allowing the Customer to communicate with Captain Booking, to make a Request, to receive information on the Services and, where applicable, to be redirected to the Platform or to an order finalization link.

“Captain Booking” designates the publishing and operating company of the Platform, whose identification appears in the article “Identification of Captain Booking”.

“Customer” means any natural or legal person using the Platform or the Services, whether professionally or non-professionally, to search for, compare, request or, where applicable, reserve a Service offered through the Platform.

“Account” designates the personal space opened in the name of the Client on the Platform, allowing him to access all or part of the Services using his connection identifiers.

“General Conditions” means these general conditions applicable to the use of the Platform and the Services provided by Captain Booking.

“Request” means any reservation request or expression of need made by a Customer via the Platform or the AI ​​Assistant, relating in particular to accommodation, a destination, dates of stay, travel preferences or, more generally, to any service linked to a stay. “Offer” means any personalized offer or proposal addressed to the Client, in response to a Request, relating to one or more services sold by Captain Booking likely to correspond to the needs expressed by the Client. Any presentation, recommendation, redirection or promotion of a Third Party Service does not constitute, unless expressly stated otherwise, an Offer from Captain Booking within the meaning of these General Conditions.

“Platform” means the website https://www.captainbooking.com/en and, where applicable, the conversational channels operated by Captain Booking (such as WhatsApp), through which the Services are provided.

“Service”: designates any service or set of services marketed by Captain Booking to the Client, either because it is purchased by Captain Booking from a Supplier then resold to the Client, or because it is directly provided by Captain Booking, or because it is integrated into a Tourist Package or any other offer marketed by Captain Booking. Third Party Services subscribed directly by the Customer from a third party do not constitute Services within the meaning of these General Conditions.

“Accommodation Service”: designates a single travel service, consisting of the provision of accommodation (night in a hotel or similar establishment) which is not part of a tourist package and is not combined with another travel service within the meaning of article L. 211-1, I, 2° of the Tourism Code.

“Tourist Package”: means the combination of at least two different types of travel services for the purposes of the same trip or stay, exceeding twenty-four hours or including an overnight stay, when the combination is sold by a single professional before the conclusion of a single contract, sold at an all-inclusive price or at a total price, advertised or sold under the name of "package" or purchased from separate professionals via linked online booking procedures, when the Customer's name, payment terms and email address are transmitted by the first professional to one or more other professionals with whom a contract is concluded no later than 24 hours after confirmation of the first reservation in accordance with article L. 211-2, II of the Tourism Code.

“Linked Travel Service”: designates the combination of at least two different types of travel services purchased for the purposes of the same trip or stay, covering at least twenty-four hours or one night, not constituting a package and leading to the conclusion of separate contracts with individual service providers in accordance with article L. 211-2, III of the Tourism Code.

“Supplier” means any hotelier, wholesaler, reservation center, tour operator or, more generally, any service provider from whom Captain Booking purchases Services which it resells to the Client or to which it uses for the execution of a Service sold by it. Unless expressly stated otherwise, the Suppliers do not maintain a direct contractual link with the Customer in respect of the Services sold by Captain Booking.

“Reservation” designates any operation by which the Customer confirms the selection of an Offer or Service sold by Captain Booking, it being specified that the Reservation is only final after express confirmation by Captain Booking. As long as such confirmation has not been sent to the Customer, the Reservation is considered “pending validation”. Subscription by the Customer to a Third Party Service directly with a third party does not constitute a Reservation within the meaning of these General Conditions, unless expressly stated otherwise. “Services” designates all the services provided by Captain Booking through the Platform, including in particular the reception and processing of Requests, the search for availability and prices from Suppliers, the establishment and transmission of Offers or quotes, the sale of Services to the Customer, the direct execution of certain tourist services by Captain Booking, the management of Reservations as well as, where applicable, the collection of the corresponding price. The Services may also include the presentation, recommendation or connection with third parties for Third Party Services, under the conditions provided for in these General Conditions.

“Third Party Services” means any service, product, content, functionality, ancillary service or ancillary service provided by a third party, accessible from the Platform or in connection with it, in particular by means of a link, a redirection, a partnership, an affiliation system or a technical integration. Unless expressly stated otherwise, Third Party Services are neither sold nor performed by Captain Booking and give rise to a direct contractual relationship between the Client and the third party concerned.

3. Services offered

Captain Booking offers its Clients a service of research, quotation, marketing, reservation and, where applicable, execution of travel and tourist services.

The main purpose of the Platform is to allow the Client to formulate a Quote Request, for Captain Booking to seek the best pricing conditions available from its Suppliers, then to offer the Client an Offer corresponding to their Request.

Depending on the case, Captain Booking can:

• purchase Services from Suppliers and resell them to the Customer;

• directly carry out certain tourist or accessory services, in particular with its own guides or speakers;

• compose and market Tourist Packages or other combined offers;

• present, recommend or facilitate access to Third Party Services, particularly as part of a partnership or affiliation, without itself being a party to the contract concluded between the Client and the third party concerned, unless expressly stated otherwise.

Captain Booking therefore only acts as a seller towards the Client for the Services that it markets in its name.

4. Information on the General Conditions

5. Conditions of access to the Services

1. The Client is:

• a natural person with full legal capacity, or

• a legal entity acting through a natural person having the power or authorization required to contract in the name of the Client and on his behalf.

2. The Client has the quality, as the case may be, of

• consumer, understood as any natural person who acts for purposes which do not fall within the scope of his professional activity; or

• professional, understood as any natural or legal person acting for purposes falling within the scope of their commercial, industrial, artisanal, liberal or agricultural activity, including when they act in the name or on behalf of another professional.

6. Terms of access and subscription to the Services

In order to benefit from the Services, the Customer must have a terminal with internet access and an up-to-date internet browser.

The Client can access the Services by going directly to the Platform.

To subscribe to the Services, the Customer must:

• complete the form provided for this purpose on the Platform, or

• use one of the connection or registration features via a third-party service offered on the Platform, in particular Google or Apple. He authorizes, where applicable, Captain Booking to access his account data on the third-party service concerned, within the limits necessary for the creation or connection to his Account.

The Customer must provide Captain Booking with all information marked as mandatory.

Registration automatically results in the opening of an account in the Customer's name (the "Account") which allows him to access the Services using his login ID and password.

Once their Account has been created, the Customer can use the Platform to submit Requests and receive Offers, under the conditions provided for in these General Conditions.

7. Description of Services

   1. The Services

Before any subscription, the Customer acknowledges that he can read on the Platform the characteristics of the Services and their constraints, particularly technical.

The Client acknowledges that the implementation of the Services requires being connected to the internet and that the quality of the Services depends on this connection, for which Captain Booking is not responsible.

The Services to which the Client has subscribed are described on the Platform.

The Client has access to the following Services in particular:

• the creation and management of an Account on the Platform;

• the submission of Requests relating to a stay, in particular concerning accommodation, a destination, dates or travel preferences;

• the receipt and processing of these Requests by Captain Booking;

• searching for availability and prices from Suppliers or the direct organization of certain Services by Captain Booking;

• the receipt of proposals corresponding to the Customer's Request, issued by Captain Booking;

• consultation, comparison and, where applicable, selection of these proposals on the Platform;

• where applicable, the use of a conversational tool or an AI Assistant allowing the Customer to make a Request and be redirected to the Platform or to a finalization link;

• where applicable, the presentation, recommendation or redirection to Third Party Services offered by third parties, in particular as part of an affiliation, partnership or technical integration;

• where applicable, the reservation and payment of Services sold by Captain Booking according to the terms specified in the Offer or in the Reservation confirmation.

Captain Booking reserves the right to offer any other Service.

Any substantial evolution of the Services or any subscription to additional Services may require a new subscription or acceptance of special conditions established by Captain Booking.

1. Additional services

   1. Maintenance

The Customer benefits during the duration of the Services from maintenance, in particular corrective and progressive. In this context, access to the Platform may be limited or suspended.

Concerning corrective maintenance, Captain Booking makes its best efforts to provide the Client with corrective maintenance in order to correct any malfunction or bug noted on the Platform.

Concerning evolutionary maintenance, the Client benefits during the duration of the Services from evolutionary maintenance, which Captain Booking may carry out automatically and without prior information, and which includes improvements to the functionalities of the Platform, the addition of new functionalities and/or technical installations used within the framework of the Platform (aimed at introducing minor or major extensions).

Access to the Platform may also be limited or suspended for reasons of planned maintenance, which may include the aforementioned corrective and evolutionary maintenance operations.

2. Accommodation

Captain Booking ensures, under the terms of an obligation of means, the hosting of the Platform, as well as the data produced and/or entered by/on the Platform, on its servers or through a professional hosting provider, and on servers located in a territory of the European Union.

3. Technical support

In the event of difficulty encountered when using the Services, the Customer can contact Captain Booking using the contact details mentioned in the article “Identification of Captain Booking”.

The technical assistance service is available Monday to Friday, excluding holidays or public holidays, from 9 a.m. to 6 p.m. Depending on the need identified, Captain Booking will estimate the response time and will keep the Customer informed.

8. Description of the Services

   1. Hosting Services

Captain Booking allows its Customers to reserve single nights, marketed by Captain Booking, which can be purchased from Suppliers then resold to the Customer or, where applicable, integrated into a broader offer marketed by Captain Booking.

The Client is informed that the Accommodation Service can be physically performed by the establishment concerned, without it being, however, the direct seller to the Client when the Reservation is concluded with Captain Booking.

Each establishment has its own internal regulations defined by its management, with which the Customer undertakes to comply with upon entering the premises. These regulations define in particular the conditions and times of access, opening and closing of the establishment, as well as access to the various ancillary services offered by the establishment, such as shops, restaurants, wellness areas, various activities or car parks. The specific conditions of stay specific to each Accommodation Service, such as in particular the conditions relating to access to the establishment, the security deposit, additional services such as supplements for pets and tourist taxes vary depending on the establishment and are specified when confirming the reservation to the Customer. It is up to the latter to read these conditions before confirming their reservation. The Customer also accepts that the Supplier or the establishment concerned reserves the right to modify the conditions of access to its services at any time, without Captain Booking being held liable in this regard.

2. Tourist Packages

Captain Booking allows Reservations via the Platform:

• Tourist Packages composed, organized or marketed by Captain Booking, including at least two different types of travel services for the same trip or stay;

• combined services sold by Captain Booking as part of a global offer or package.

These Tourist Packages may include services purchased from Suppliers, services provided directly by Captain Booking, as well as, where applicable, ancillary services integrated into the offer marketed to the Customer.

The Client accepts that the characteristics of the Services reserved as part of Tourist Packages may be subject to modifications for reasons beyond the control of Captain Booking, in particular linked to weather conditions, security requirements or any other exceptional circumstance linked to an inability to offer the service.

Captain Booking undertakes in these circumstances, at the Customer's request, to offer a replacement service of equivalent quality to that initially planned, in accordance with the conditions provided for in article 13.3.4 below.

1. Linked Travel Services

This article only applies in the event that Captain Booking does not itself sell to the Client all of the services concerned, but facilitates the Client's subscription to additional travel services from one or more third parties, in particular by means of a link, a redirection, a recommendation, an affiliation system or any other method of connection.

The Customer books a Linked Travel Service (“PVL”) when:

• after having selected or reserved a first Service or a first travel service, the Customer reserves one or more additional travel services with a third party during the same visit to the Platform; or

• the Customer books additional travel services with a third party via a link provided by Captain Booking no later than 24 hours after receiving confirmation of their initial reservation, when the legal conditions of the PVL are met.

In this case, contracts relating to additional travel services are concluded directly between the Client and the third parties concerned. Captain Booking is then not responsible for the proper execution of these services, except within the limits provided for by the applicable mandatory provisions.

The Customer accepts that, as part of a Linked Travel Service, he does not benefit from the rights applying exclusively to Tourist Packages under Directive (EU) 2015/2302 and article L. 211-3 Tourism Code.

In this case, contracts relating to additional travel services are concluded directly between the Client and the third parties concerned. Captain Booking is then not responsible for the proper execution of these services, except within the limits provided for by the applicable mandatory provisions. In the event of difficulty relating to the execution of a service purchased directly from a third party as part of a PVL, the Customer undertakes to contact the service provider concerned as a priority.

Consequently, for any Related Travel Service booked on the Platform, the provisions of articles 13.2, 13.3, 13.4 and 16 of these General Conditions are inapplicable to services purchased directly from third parties, unless otherwise mandatory.

In accordance with the applicable legal provisions, when Captain Booking facilitates a Linked Travel Service, the Customer benefits from protection against the insolvency of Captain Booking for the reimbursement of all payments that Captain Booking receives from it in respect of the services not performed due to this insolvency and, if the transport of passengers is included, for its possible repatriation.

This protection is exercised within the framework of the financial guarantee mentioned in the article “Identification of Captain Booking”.

It does not cover payments made directly by the Customer to third parties, nor contracts concluded directly with third parties when these contracts can be executed independently of the insolvency of Captain Booking.

In the event of Captain Booking's insolvency, the Customer may request the implementation of this guarantee under the conditions provided for by the applicable regulations.

9. Presentation of the Services by Captain Booking on the Platform

   1. Visuals

The Client expressly acknowledges and accepts that the photographs and visuals illustrating the Services on the Captain Booking website and brochures have purely informative value. Captain Booking cannot be held liable in this respect as specified in article 16 of these General Conditions.

2. Classification

The classification by number of stars or categories for each hotel establishment is established according to the standards, regulations or local customs of the country of destination. The Client accepts that the comfort and standard criteria may differ significantly depending on the standards of each country.

In the event that the host country does not have an official tourism organization to validate a classification, the information provided in the description is established on the basis of the assessment of Captain Booking's suppliers or according to current commercial practices.

Captain Booking strives to inform the Customer about the accommodation conditions based on its knowledge of the premises and/or on the information communicated by its Suppliers or partners concerned.

When an Accommodation Service is sold by Captain Booking, it or its Suppliers may, exceptionally, be forced to substitute the accommodation initially reserved with another establishment offering Services of equivalent quality, for technical reasons, security, force majeure or due to a third party under the conditions provided for in article 13.3 of these General Conditions.

In such a situation, the Customer will be informed as soon as possible and will be offered an establishment of an equivalent or higher category than that originally chosen. If the Client benefits from a higher category establishment, no compensation may be requested from Captain Booking by the Client.

Captain Booking cannot be held liable as long as the essential characteristics of the stay are preserved.

10. Validation of Offers / Reservations awaiting validation

Any Offer addressed to the Customer is valid for the period indicated therein. During this period, the Customer may accept the Offer according to the terms specified therein. Acceptance of the Offer by the Customer places the Reservation in “pending validation” status. The Reservation only becomes firm and final after express confirmation by Captain Booking, subject to the effective availability of the Services, whether provided by a Supplier or directly organized by Captain Booking, and to the maintenance of the pricing conditions initially proposed.

If, at the time of reconfirmation or effective organization of the Service, availability or price has changed, Captain Booking may either maintain the initial Offer at its expense, or inform the Customer that the Offer is no longer available, or propose a revised Offer. In this last hypothesis, the Reservation will only be made after express acceptance by the Customer of this revised Offer.

In the absence of confirmation by Captain Booking, no definitive Reservation is made. Any sums paid by the Customer at this stage are then refunded as soon as possible.

11. Prior information before the start of the trip

    1. Administrative and health formalities before the start of the trip

In the event of crossing borders, Captain Booking communicates to the Client general information relating to the conditions applicable to passports and visas (including the approximate duration of obtaining), as well as information on the health formalities of the country of destination. The Customer acknowledges that this information may change between the date of reservation and that of departure.

As such, the Customer is strongly advised to regularly consult the steps to be taken for the destination countries of the stay, as well as for the countries crossed during any stopovers or transits. Completion of these formalities as well as the resulting costs are the sole responsibility of the Client.

The Customer is solely responsible for obtaining, validity and possession of all travel documents required by the authorities as well as proof of vaccination or medical certificates required by the country of destination or transit. It is also up to him to ensure strict compliance with customs legislation and exchange rules in force.

Consequently, Captain Booking cannot under any circumstances be held responsible for the consequences resulting from incorrect steps, a delay in obtaining documents or forgetfulness on the part of the Client.

2. Information on safety and health risks

For formalities and information relating to the selected countries, Captain Booking recommends that the Customer systematically consult the country sheets for their trip (destination countries and crossings) available on the website of the Ministry of Europe and Foreign Affairs: www.diplomatie.gouv.fr (“Advice to Travelers” section).

The Client accepts that this information may change until the day of departure; it is therefore up to him to consult them on a regular basis. Furthermore, Captain Booking invites the Customer to inform themselves about the health risks of the country(ies) of destination and to follow the recommendations of the competent authorities, in particular via the sites of the French Ministry of Health (solidarites-sante.gouv.fr) and the World Health Organization (www.who.int/fr).

In any event, Captain Booking cannot be held liable in the event of refusal of boarding or access to the territory linked to non-compliance with these formalities by the Customer.

12. Duration of subscription to the Services

The Customer subscribes to the Services for an indefinite period.

The Services remain accessible to the Customer as long as he has an active Account, subject to cases of suspension, deletion of the Account or end of the Services provided for in these General Conditions. 13. Captain Booking Financial Conditions

1. **Prices of Services**

Access to the Platform, the creation of an Account, the submission of a Request and the receipt of Offers do not give rise to the invoicing of separate fees for the benefit of Captain Booking.

Travel or accommodation Services or, more generally, Services offered to the Customer as part of an Offer or Reservation are subject to payment.

The price indicated in the Offer and, where applicable, in the Reservation, includes the remuneration of Captain Booking. This remuneration may correspond to a margin integrated into the price offered to the Customer.

The price applicable to the Service concerned is brought to the attention of the Client before any confirmation of Reservation.

When the Customer directly subscribes to a Third-Party Service with a third party, the price, the payment terms and, where applicable, the applicable cancellation or refund conditions are determined by this third party. Captain Booking may receive remuneration, in particular in the form of commission or affiliation remuneration, without this making Captain Booking the seller of the Third Party Service concerned, unless expressly stated otherwise.

2. Captain Booking billing and payment terms

Unless expressly stated otherwise, Captain Booking does not charge the Client separate fees for access to the Platform or its use.

The Customer may in particular pay the price of the Reservation by bank transfer or by means of an online payment solution such as Stripe or PayPal, depending on the options offered by Captain Booking at the time of the order.

The payment terms applicable to each Reservation are specified in the Offer or in the Reservation confirmation.

When the Customer directly subscribes to a Third-Party Service with a third party, the corresponding payment terms are the sole responsibility of the third party concerned.

3. Consequences in the event of non-payment

In the event of failure, refusal or absence of payment of the price applicable to an Offer or Reservation, the Reservation concerned will not be confirmed and Captain Booking may suspend or cancel access to the Offer or Reservation concerned.

The Customer is informed that no Reservation can be considered firm until payment has been validly accepted in accordance with the terms and conditions applicable to the Offer or Reservation concerned.

Cancellation – modification of the Reservation

Absence of the Customer's right of withdrawal

No Customer, whether consumer or professional, benefits from a right of withdrawal with respect to the Services, Offers or Reservations offered by Captain Booking.

Indeed, with regard to Consumer Customers, Reservations relate exclusively to Accommodation Services other than residential accommodation and/or Leisure Services to be provided on a specific date or period, so that the right of withdrawal provided for in Articles L. 221-18 et seq. of the Consumer Code is excluded, in accordance with Article L. 221-28, 12° of the same code.

With regard to professional Customers, the Services, Offers and Reservations are subscribed to remotely, via the Platform or any associated digital channel. Consequently, no legal right of withdrawal is applicable to them in this context.

The Customer therefore acknowledges that no Reservation can be canceled under a right of withdrawal.

This exclusion of the right of withdrawal is, however, without prejudice to the rights of resolution or cancellation possibly open to the Customer by the applicable mandatory provisions, and in particular, where applicable, by the Tourism Code.

Transfer of contract

In accordance with article L. 211-11 of the Tourism Code, the Client has the possibility of assigning his contract to a third party meeting the same conditions as him for the execution of the Service reserved via Captain Booking.

The Customer is required to inform Captain Booking of his decision by registered mail with acknowledgment of receipt, indicating precisely the name, address and contact details of the assignee(s) as well as the participants in the trip. This notification must occur no later than seven (7) days before the start of the Service.

The Client (assignor), and the contract buyer (assignee), are jointly and severally liable to Captain Booking for the payment of the balance of the price, as well as any fees, charges or other possible additional costs incurred by this assignment.

Change of trip

Modification at the initiative of the Customer

Any request for modification of the Service at the initiative of the Client must be sent by email to the following address: booking@captainbooking.com.

The Client must inform Captain Booking within 15 days before the start of the Service

Captain Booking undertakes to study each request on a case-by-case basis. Any modification is subject to the prior agreement of Captain Booking. The Customer accepts that these modifications may result in additional costs, calculated according to the rates in effect at the time of the request, as well as the application of administrative fees.

Modification at the initiative of Captain Booking

In accordance with current legislation, Captain Booking reserves the right to modify certain clauses of the contract before the start of the Client's departure. In this case, Captain Booking will inform the Customer by email before departure.

Significant modification of the Service

When, before departure, compliance with one of the essential elements of a Reservation is made impossible following an external event which is imposed on Captain Booking, the Customer will be informed as soon as possible.

In all cases, Captain Booking will inform the Customer in detail on a durable medium:

• Proposed modifications and their impact on the Service and their price;

• The reasonable period within which the Customer must communicate his decision to accept the modification;

• The consequences of its lack of response within the set deadline;

• If applicable, the Substitution Service offered in place of the Initial Service, as well as its price.

In this case, the Client has the option:

• to accept the proposed modification;

• to resolve the Reservation free of charge.

If the modifications or the Substitution Service result in a reduction in the quality or cost of the stay, the Customer is entitled to an appropriate price reduction.

In particular, any modification or increase in the price of the Service to reflect changes in the cost of fuel, taxes and legal fees, or exchange rates, will be notified to the Customer, accompanied by a supporting calculation on a durable medium, no later than twenty (20) days before the start of the stay. In accordance with the legal provisions in force, the Customer may cancel the Reservation free of charge if the increase exceeds 8% of the total price.

In the event of resolution of the Reservation by the Customer who does not accept the proposed modification, Captain Booking will refund all payments made as soon as possible, and at the latest within fourteen (14) days after the resolution.

Non-compliance of Services

The Client is required to inform Captain Booking as soon as possible of any non-compliance observed during the performance of a Service, Captain Booking undertakes to remedy any lack of conformity, except in the event of material impossibility or if this generates costs disproportionate to the importance of the Service and the total value of the contract. When a significant part of the planned Services cannot be provided, Captain Booking will offer the Client, at no extra cost, substitute Services of equivalent or better quality. If the Services offered are of inferior quality, Captain Booking will grant the Client an appropriate price reduction.

The Customer may only refuse substitute Services if they are not comparable to what was initially agreed or if the proposed price reduction is inadequate. If it is impossible to offer an alternative, the Customer may request a price reduction and, in the event of separate damage, damages, without automatic termination of the Contract.

When non-compliance considerably disrupts the execution of the stay and Captain Booking does not remedy it within a reasonable time, the Customer may terminate the contract free of charge.

As an exception to the above, no price reduction is due in the event of non-compliance attributable to the Client, to a third party unrelated to the provision of travel services, or to exceptional and unavoidable circumstances.

Resolution – cancellation of certain Reservations

This article only applies when a Reservation gives rise to the conclusion, with Captain Booking, of a contract falling under the regime for the sale of trips and stays within the meaning of the Tourism Code.

The Customer may cancel the Reservation at any time before the start of the trip or stay. In this case, Captain Booking may apply an appropriate and justifiable resolution fee.

When standard resolution fees are provided for, their amount is indicated to the Customer in the relevant Offer, before any Booking confirmation. These costs are then included in the Booking confirmation or in any contractual document given to the Customer.

The resolution costs correspond, as the case may be, to the sums definitively owed by Captain Booking to its Suppliers in respect of the canceled Service and non-refundable on the date of resolution, increased by the administration fees indicated in the Offer or in the Booking confirmation.

These costs remain appropriate and justifiable in view of the resolution date, the cost savings potentially achieved and the revenue that can be derived from making the travel services concerned available.

At the Customer's request, Captain Booking justifies the amount retained by all useful documents, in particular the applicable pricing conditions, the invoices issued by the Suppliers, the reimbursement conditions or any equivalent proof.

The Customer may cancel the Reservation free of charge if exceptional and unavoidable circumstances, occurring at the place of destination or in the immediate vicinity thereof, have significant consequences on the execution of the Reservation or on the transport of passengers to the place of destination. In this case, the Customer is entitled to a full refund of payments made, without additional compensation.

The existence of such circumstances is assessed in the light of objective elements available on the date of the resolution request, in particular, where applicable, official information and recommendations published by the competent authorities concerning the destination concerned.

Captain Booking may also resolve the Reservation and fully reimburse the Customer for payments made, without additional compensation, if the minimum number of participants indicated in the Offer or in the Reservation is not reached within the applicable period, or if Captain Booking is prevented from fulfilling the Reservation due to exceptional and unavoidable circumstances.

Refunds due to the Customer under this article are made as soon as possible and, in any event, no later than fourteen (14) days following the resolution of the Reservation. 15. Intellectual property rights

1. **Intellectual property rights on the Platform**

The Platform is the property of Captain Booking, as are the software, infrastructures, databases and content of all kinds (texts, images, visuals, music, logos, brands, etc.) that it uses. They are protected by all intellectual property rights or rights of database producers in force.

These General Conditions do not entail any transfer of ownership for the benefit of the Customer.

Captain Booking grants the Client, for the duration of subscription to the Services and for the entire world, a personal, non-exclusive, non-transferable and non-transferable right to access and use the Platform, for the sole purpose of benefiting from the Services in accordance with these General Conditions.

16. Client’s Obligations and Responsibility

    1. Regarding the provision of information

The Client undertakes to provide Captain Booking with all the information necessary for the subscription and use of the Services.

2. Regarding the Customer's Account

The Customer:

• guarantees that the information transmitted in the form is accurate and undertakes to update it,

• recognizes that this information constitutes proof of his identity and binds him as soon as it is validated,

• is responsible for maintaining the confidentiality and security of its username and password. Any access to the Platform using the latter is deemed to be carried out by him.

The Customer must immediately contact Captain Booking using the contact details mentioned in the article “Identification of Captain Booking*”* if he notices that his Account has been used without his knowledge. He acknowledges that Captain Booking will have the right to take all appropriate measures in such a case.

1. Regarding the use of the Services

The Customer is responsible for his use of the Services and any information he shares in this context. He undertakes to use the Services personally and not to allow any third party to use them in his place or on his behalf.

The Customer also undertakes, when requesting or accepting an Offer and then making a Reservation, to verify the information, special conditions and documents communicated to them before any confirmation.

The Client undertakes not to divert the Services for purposes other than those for which they were designed, and in particular for:

• carry out an illegal or fraudulent activity,

• undermine public order and good morals,

• harm third parties or their rights, in any way whatsoever,

• violate a contractual, legislative or regulatory provision,

• carry out any activity likely to interfere with the computer system of a third party, particularly with the aim of violating its integrity or security,

• carry out maneuvers aimed at promoting its services and/or sites or those of a third party,

• assist or incite a third party to commit one or more acts or activities listed above.

The Customer is also prohibited from:

• copy, modify or misappropriate any element belonging to Captain Booking or any concept that it uses within the framework of the Services,

• adopt any behavior likely to interfere with or hijack Captain Booking's IT systems or undermine its IT security measures,

• infringe the financial, commercial or moral rights and interests of Captain Booking,

• market, transfer or provide access in any way to the Services, to the information hosted on the Platform or to any element belonging to Captain Booking.

The Client guarantees Captain Booking against any claim, action, demand or recourse which could be brought against it due to the Client's violation of any of its obligations under these General Conditions. The Client will indemnify Captain Booking for any damage it may suffer as a result and will reimburse it for all sums, charges, costs and fees that it may have to bear as a result.

17. Obligations and liability of Captain Booking as a travel agent

Captain Booking intervenes, depending on the case, either as a seller of Services marketed in its name, or as a service provider directly carrying out certain tourist services, or as a simple facilitator or business provider for certain Third Party Services.

For the Services sold by Captain Booking to the Customer, including those purchased from Suppliers and then resold, those carried out directly by Captain Booking, as well as those integrated into a Tourist Package or in a global offer marketed by Captain Booking, the latter is responsible for the proper execution of the travel services in accordance with article L. 211-17 of the Tourism Code.

However, Captain Booking is not responsible for any attributable damage:

• to a fault of the Customer;

• to a third party unrelated to the provision of services included in the contract which are unforeseeable or unavoidable;

• in the event of force majeure.

The Client is not entitled to any compensation if a non-compliance noted by the Client is attributable either to himself, to a third party unrelated to the provision of the travel services included in the Contract and of an unforeseeable or inevitable nature, or to exceptional and unavoidable circumstances. 

In any event, any compensation granted to the Client will be limited, with the exception of bodily injury and damage caused intentionally or by negligence, to an amount of three (3) times the total price of the trip.

When it is impossible, due to exceptional and unavoidable circumstances, to ensure the return of the Client as provided for in the contract, Captain Booking will bear the costs of accommodation for a maximum period of three (3) nights per passenger, except for longer periods provided for by European regulations on passenger rights.

This cost limitation for accommodation costs does not apply to people with reduced mobility, pregnant women, unaccompanied minors or people requiring specific medical assistance, provided that Captain Booking has been notified by the Client of these needs at least forty-eight (48) hours before the start of the Contract.

For Third Party Services simply recommended, facilitated or offered via a link, redirection, partnership or affiliation mechanism, when the contract is concluded directly between the Client and the third party concerned, Captain Booking is not responsible for the proper execution of these services, nor for contractual relations, payments, cancellations, refunds, modifications, non-performance or disputes occurring between the Client and this third party, unless otherwise mandatory.

In this case, Captain Booking only acts as a facilitator or business provider, unless expressly stated otherwise indicating that it acts as a seller of the service concerned.

Captain Booking cannot be held responsible for the information, content, visuals, descriptions, prices, availability, cancellation policies or other elements communicated by a third party as part of a Third Party Service, subject to its general obligation not to present to the Customer information that it knows to be manifestly erroneous or misleading.

In particular, Captain Booking cannot be held liable in any case in the event of a visual difference observed between the visuals and the final Service, as long as the essential characteristics of the Service sold have been respected. When the Customer is redirected to the site, booking engine, payment interface or system of a third party in order to directly subscribe to a Third Party Service, Captain Booking is not responsible for the operation, availability or security of this third party environment, nor for the acts or omissions of the third party concerned.

On the other hand, when a Service is sold by Captain Booking, the fact that its physical execution is ensured by a Supplier does not exempt Captain Booking from its liability towards the Customer under the conditions provided for by the applicable mandatory provisions.

18. Obligations and responsibility of Captain Booking as publisher of the Platform

Captain Booking undertakes to provide the Services diligently, it being specified that it is bound by an obligation of means.

Within the framework of these General Conditions, Captain Booking acts as operator of the Platform allowing the reception and processing of Requests, the presentation of Offers, the marketing of certain Services, the direct execution of certain tourist services and, where applicable, the presentation or facilitation of Third Party Services.

Captain Booking undertakes to comply with the regulations in force applicable to the provision of Services via the Platform.

Any delay or difficulty in execution attributable to the Client, particularly in the event of late, incomplete or inaccurate transmission of information necessary to process a Request, will accordingly delay any deadlines communicated to the Client.

1. Regarding the quality of the Services

Captain Booking makes its best efforts to provide the Client with quality Services.

To this end, Captain Booking regularly carries out checks to verify the operation and accessibility of its Services and can thus carry out maintenance under the conditions specified in the article “Maintenance”.

Captain Booking is nevertheless not responsible for any temporary difficulties or impossibilities in accessing its Services which may be due to:

• circumstances external to its network and in particular the partial or total failure of the Client's servers, its terminal, its browser or its internet network,

• the failure of equipment, cabling, services or networks not included in its Services or which is not under its responsibility,

• interruption of the Services due to telecom operators or internet service providers,

• the intervention of the Customer in particular via an incorrect configuration applied to the Services,

• a case of force majeure.

Captain Booking is responsible for the operation of its servers, the outer limits of which are made up of the connection points.

Furthermore, it does not guarantee that the Services:

• subject to constant research to improve performance and progress, will be completely free from errors, defects or defects,

• being standard and depending in particular on the information communicated by the Customer, the Suppliers or third parties, will specifically respond to their needs and expectations.

  1. Regarding the Platform service level guarantee

Captain Booking does not offer any guarantee of the level of service of the Platform.

However, Captain Booking makes its best efforts to maintain access to the Platform 24 hours a day, 7 days a week except in the event of planned maintenance under the conditions defined in the article “Maintenance” or force majeure.

2. Regarding data storage and security

Captain Booking provides sufficient storage capacity for the operation of the Services.

Captain Booking makes its best efforts to ensure data security by implementing infrastructure and Platform protection measures, detection and prevention of malicious acts and data recovery. 3. Regarding advertising on the Platform

Captain Booking may publish and/or send the Client any advertising or promotional messages, in particular by referring them to third-party platforms.

Captain Booking is however not responsible for:

• the technical availability and content, products and/or services of these platforms,

• the Customer's relationships established through these platforms.

  1. Regarding the use of subcontracting and transfer

Captain Booking may use subcontractors in the context of the execution of the Services, who are subject to the same obligations as its own in the context of their intervention. It nevertheless remains solely responsible for the proper execution of the Services with regard to the Client.

Captain Booking can replace any person who will be subrogated in all their rights and obligations under their contractual relationship with the Client. If applicable, it will inform the Customer of this substitution by any written means.

The liability of Captain Booking is limited only to proven direct damage that the Customer suffers as a result of the use of the Services and resulting from a proven failure by Captain Booking to fulfill its obligations.

19. Admitted methods of proof

Proof can be established by any means.

The Customer is informed that the messages exchanged through the Platform as well as the data collected on the Platform and Captain Booking's IT equipment constitute one of the accepted methods of proof, in particular to demonstrate the reality of the Services carried out and the calculation of their price.

20. Methods for processing personal data

The parties undertake, each as far as they are concerned, to comply with all legal and regulatory obligations incumbent upon them with regard to the protection of personal data, in particular Law 78-17 of January 6, 1978 in its latest amended version known as the Data Protection and Liberties Law and EU Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016 (together the “Applicable Regulations”).

To find out more about the processing carried out by Captain Booking, the Customer is invited to read the Captain Booking confidentiality policy available on the Platform.

21. Force majeure

Captain Booking cannot be responsible for failures or delays in the execution of its contractual obligations due to a case of force majeure occurring during the duration of its relationship with the Client, as defined in article 1218 of the Civil Code.

If Captain Booking is prevented from carrying out its obligations due to a case of force majeure, it must inform the Client by any useful written means. The obligations are suspended upon receipt of this information, and must be resumed within a reasonable period of time upon the cessation of the force majeure event.

Captain Booking nevertheless remains responsible for the execution of obligations which are not affected by a case of force majeure.

If this force majeure lasts more than 30 working days, Captain Booking may immediately terminate the Services by any written means.

This article is without prejudice to the rights of resolution or cancellation open to the Customer by the mandatory provisions applicable to certain Reservations, in particular when a Reservation falls under the Tourism Code.

22. End of Services

The Customer can unsubscribe from the Services directly and free of charge via the functionality provided for this purpose on the Platform or through their Account.

Termination is effective immediately.

In the absence of functionality available on the Platform, the Customer can also send his request to Captain Booking using the contact details mentioned in the article “Identification of Captain Booking”. The end of the Services results in the deletion of the Customer's Account, subject to the legal retention obligations incumbent upon Captain Booking and, where applicable, the retention of data necessary for the management of disputes or the proof of Captain Booking's rights.

Captain Booking may also terminate the Services or delete the Customer's Account in the cases provided for in these General Conditions, in particular in the event of the Customer's failure to fulfill its obligations.

21. Sanctions in the event of non-compliance

In the event of a breach by the Client of any of his obligations under these General Conditions, Captain Booking may, after having informed the Client by any useful written means and, when regularization is possible, put him in a position to remedy the situation within a reasonable time:

• suspend or remove the Customer's access to the Services,

• suspend the processing of any current Request and/or access to any Offer or Reservation affected by the breach,

• publish on the Platform any information message that Captain Booking deems useful,

• notify any competent authority, cooperate with it and provide it with all information useful for the investigation and repression of illegal or illicit activities,

• take any legal action.

These sanctions are without prejudice to any damages that Captain Booking could claim from the Client.

When the breach is not of such seriousness as to justify immediate suspension or deletion, Captain Booking will ask the Client, by any useful written means, to remedy the breach within a maximum period of 15 calendar days. The Services may end at the end of this period if the breach is not rectified.

The end of the Services results, where applicable, in the deletion of the Customer's Account, subject to the legal retention obligations incumbent on Captain Booking.

22. Modification of the General Conditions

Captain Booking may modify its General Conditions at any time and will inform the Customer by any written means (and in particular by email) at least 15 calendar days before their entry into force.

The modified General Conditions are applicable as soon as they come into force.

If the Customer does not accept these modifications, he must stop using the Services or unsubscribe from the Services in accordance with the terms provided for in the article “End of Services”.

If the Client uses the Services after the entry into force of its modified General Conditions, Captain Booking considers that the Client has accepted them.

23. Consumption mediation

In the event of a dispute between Captain Booking and a Customer who is a consumer, the latter may have free recourse to a consumer mediator with a view to an amicable resolution of the dispute, after having previously sent a written complaint to Captain Booking using the contact details mentioned in the article “Identification of Captain Booking”.

The competent consumer mediator is as follows:

Tourism and Travel Mediation
Postal address: CS 30958 -75383 PARIS CEDEX 08

https://www.mtv.travel

Professional Customers do not benefit from the legal consumer mediation system. However, they are invited to contact Captain Booking in advance in order to seek an amicable solution to any dispute.

24. Applicable law and competent jurisdictions

The General Conditions are governed by French law.

In the event of a dispute between Captain Booking and a Consumer Client, and in the absence of an amicable agreement, the Consumer Client may seize, in addition to one of the territorially competent courts under the Code of Civil Procedure, the jurisdiction of the place where he resided at the time of the conclusion of the contract or the occurrence of the harmful event. In the event of a dispute between Captain Booking and a professional Customer having contracted as a merchant, and in the absence of an amicable agreement within 2 months following the first notification, express jurisdiction is attributed to the competent courts within the jurisdiction of the Paris Court of Appeal, notwithstanding multiple defendants or warranty claims.