Terms and Conditions of Sale

Article 1 - Identification

ETOILE WEB, whose registered office is located at 174 Rue Abbé de l’Épée - 13005 Marseille, represented by Antony MEZZANA, owns and operates the MYTOGU platform (hereinafter “MYTOGU” or “the Platform”).

Article 2 - Definitions

In these Terms and Conditions, the terms below have the following meanings:

T&Cs: these Terms and Conditions of Sale applicable to tourism providers.

Requester: a Platform user looking for a private guide or a tailor-made private guided tour.

Tourism provider: a professional offering private guided tour services, which may be:

  • an independent guide;
  • a company working directly with a qualified professional guide to deliver the services.

Lead: the transfer of a request made by a Requester to up to three (3) tourism providers.

Credit: a virtual unit allowing the tourism provider to unlock a Requester’s full contact details.

MYTOGU: the matching platform connecting Requesters and tourism providers.

Party: individually refers to MYTOGU or the tourism provider.

Article 3 - Purpose

These T&Cs define the conditions under which MYTOGU allows tourism providers to access private guided tour requests posted by Requesters through a credit system.

Article 4 - Applicability of the T&Cs

Registration on the Platform implies full and unconditional acceptance of these T&Cs.

These T&Cs apply to any tourism provider using the Platform.

MYTOGU reserves the right to amend these T&Cs at any time.

The applicable version is the one in force on the date the tourism provider accepts the T&Cs.

The tourism provider acts exclusively within the scope of its professional activity.

MYTOGU acts solely as a technical intermediary for connecting parties and is never a party to the contract concluded between the tourism provider and the Requester.

The tourism provider acknowledges that MYTOGU is not responsible for:

  • whether or not a contract is concluded;
  • the performance of the services;
  • the Requester’s behaviour;
  • or the financial or commercial consequences of the Leads transmitted.

Article 5 - How the Platform Works

5.1 General information

The tourism provider acknowledges having checked that the Platform is suitable for its professional needs.

The tourism provider is informed that:

  • Requester contact details may be unlocked by up to three (3) tourism providers;
  • several providers may therefore compete on the same request.

5.2 Registration requirements

The tourism provider agrees to:

  • carry out professional activity in compliance with the applicable regulations;
  • be legally able to invoice its services;
  • comply with the tax, social security and insurance obligations applicable to its activity.

The following are authorised to use the Platform:

  • independent guides;
  • companies working directly with a qualified independent professional guide to deliver the services.

The tourism provider agrees to provide accurate information when registering.

MYTOGU reserves the right to refuse or delete any registration that does not comply with these T&Cs.

5.3 Request processing

The tourism provider may view requests matching:

  • its languages;
  • and its service areas.

To access the Requester’s full contact details, the tourism provider must use one (1) credit.

The credit is deducted immediately when the contact details are unlocked, even if:

  • no contract is concluded;
  • the provider does not ultimately contact the Requester;
  • or the service never takes place.

The contact details of the same Requester may be unlocked by a maximum of three (3) tourism providers.

5.4 Credit system

Credits are purchased in packs through Fastspring, MYTOGU’s authorised reseller.

Credits:

  • are personal;
  • are neither transferable nor resellable;
  • are not convertible into cash;
  • are non-refundable except at MYTOGU’s exceptional discretion;
  • remain valid indefinitely.

MYTOGU may exceptionally credit an account in the event of:

  • technical error;
  • obvious duplicate;
  • invalid contact details;
  • or fraudulent request.

Prices are shown excluding tax (excl. VAT). Applicable VAT depends on the tourism provider’s billing country.

As of the date of these T&Cs:

  • Small Pack: 5 credits - €10 excl. VAT
  • Medium Pack: 18 credits - €30 excl. VAT
  • Large Pack: 40 credits - €60 excl. VAT

MYTOGU reserves the right to change prices at any time.

Article 6 - Tourism Provider Obligations

The tourism provider agrees to:

  • comply with the regulations applicable to its activity;
  • have the necessary insurance in place;
  • provide accurate information;
  • contact interested Requesters promptly;
  • respect personal data obtained through the Platform.

The tourism provider may not:

  • resell;
  • transfer;
  • assign;
  • or disclose to third parties the contact details obtained via MYTOGU.

The tourism provider remains solely responsible for:

  • quotes sent;
  • services delivered;
  • its legal obligations;
  • and the contractual relationship with the Requester.

Article 7 - MYTOGU’s Liability

MYTOGU only provides a technical matching platform.

MYTOGU does not guarantee:

  • the number of requests;
  • the quality of the Leads;
  • the actual conclusion of a contract;
  • the Requesters’ solvency;
  • or the complete accuracy of the information provided.

MYTOGU checks certain information provided, but without guarantee.

MYTOGU cannot be held liable for:

  • exchanges between providers and Requesters;
  • cancellations;
  • unpaid amounts;
  • disputes;
  • or the performance of the services.

In any event, MYTOGU’s total liability shall not exceed the total amount paid by the tourism provider during the previous twelve (12) months.

Article 8 - Termination

The provider account remains active until it is deleted by the provider or by MYTOGU.

MYTOGU may immediately suspend or delete an account in the event of:

  • fraud;
  • a serious complaint;
  • non-compliance with the regulations;
  • abusive behaviour;
  • or breach of these T&Cs.

Deleting the account does not entitle the provider to a refund of any remaining credits.

Article 9 - Invoicing / Payment

Payments are made exclusively via Fastspring.

Invoices are issued by Fastspring.

Credits are added after payment has been confirmed.

Any attempt at fraud or abusive dispute may result in:

  • account suspension;
  • credit cancellation;
  • and possible legal action.

Article 10 - Personal Data Protection

MYTOGU processes personal data in accordance with:

  • the GDPR;
  • and the French Data Protection Act.

The tourism provider is itself responsible for the personal data it receives through MYTOGU.

It is responsible for complying with its own legal obligations towards Requesters.

Fastspring’s privacy policy is available on its official website.

Article 11 - Governing Law

These T&Cs are governed by French law.

Article 12 - Disputes

Any dispute shall first be subject to an attempt at amicable settlement.

Failing an amicable agreement, the competent courts within the jurisdiction of Marseille shall have exclusive jurisdiction.