Terms and Conditions of Use

Article 1 - Identification

The company 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”).

The Platform is hosted by o2switch, 222-224 Boulevard Gustave Flaubert - 63000 Clermont-Ferrand.

Article 2 - Definitions

T&Cs: these general terms and conditions of use applicable to Requesters.

Requester: a user of the Platform who submits a request to be connected with one or more tourism providers.

Tourism provider: a professional who may be an independent guide or a business working directly with an independent professional guide.

Request: the form completed by the Requester to specify their need for a private guided tour.

Lead: the transfer of a Request to one or more tourism providers.

Platform or Site: the MYTOGU platform accessible via mytogu.com.

Services: the matching services offered by MYTOGU.

Article 3 - Notice

MYTOGU is a matchmaking platform connecting Requesters with tourism providers.

MYTOGU is not a party to any contract that may be entered into between the Requester and the tourism provider.

MYTOGU does not sell guided tours, does not directly organize tourism services, and does not collect any payment on behalf of the tourism provider.

The tourism provider remains solely responsible for its quotes, pricing, availability, legal obligations, and performance of the service.

Article 4 - Purpose

The purpose of these T&Cs is to define the conditions under which the Requester may use the MYTOGU Platform to submit a free request for a private guided tour.

Article 5 - Description of the Services

The Platform allows the Requester to describe their private guided tour request: destination, preferred dates, language, number of participants, type of tour, and useful information.

Submitting a Request is free and non-binding.

Once the Request has been validated, it may be made available to tourism providers matching the destination and the stated criteria.

The Requester’s contact details may be unlocked by up to three (3) tourism providers.

Each interested tourism provider may use a credit to access the Requester’s contact details and contact them directly.

MYTOGU does not guarantee that a tourism provider will respond to the Request, or that a service will actually be offered or booked.

Article 6 - Application of the T&Cs

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

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

The applicable version is the one in force at the time the Requester uses the Service.

MYTOGU’s failure at any time to rely on a provision of these T&Cs shall not be deemed a waiver of its right to rely on it later.

Article 7 - Access to the Platform

Access to the Platform is free.

The Requester must have Internet access and compatible equipment.

All costs related to Internet access remain the Requester’s responsibility.

MYTOGU uses its best efforts to ensure the Platform is accessible, without guaranteeing continuous, uninterrupted, or error-free access.

Article 8 - Registration and use of the Service

The Requester guarantees that they are of legal age and have the capacity to enter into a contract.

The Requester may be:

an individual;
a business;
a travel agency submitting a request on behalf of its own customers.

The Requester undertakes to provide accurate, complete, and truthful information.

They acknowledge that inaccurate, incomplete, or false information may prevent tourism providers from contacting them.

The Requester is solely responsible for the information they submit through the Platform.

Article 9 - Transmission of the Request

By submitting a Request, the Requester agrees that the information provided may be transmitted to tourism providers likely to respond to it.

The Requester’s contact details are accessible only to tourism providers who have unlocked the Request.

The Requester agrees that their contact details may be transmitted to a maximum of three (3) tourism providers.

MYTOGU may verify certain information provided by the Requester, without however guaranteeing the full accuracy of the Request.

MYTOGU reserves the right to refuse, modify, suspend, or delete any Request:

incomplete;
inconsistent;
fraudulent;
manifestly false;
abusive;
or unlawful.

Article 10 - Duration

The Requester’s use of the Platform is for an unlimited period.

The Requester may request deletion of their account or data under the conditions set out in the applicable regulations.

MYTOGU may close an account or delete a Request in the event of non-compliance with these T&Cs.

As access is free, no compensation may be claimed from MYTOGU in the event of account closure or deletion of a Request.

Article 11 - Requester’s obligations

The Requester undertakes to use the Platform solely to submit a genuine request for a private guided tour.

In particular, they agree not to:

submit false requests;
use false contact details;
impersonate a third party;
use the Platform for fraudulent purposes;
harm tourism providers or MYTOGU;
distribute unlawful, abusive, defamatory, or discriminatory content.

If the Requester enters into a service agreement with a tourism provider, they undertake to behave respectfully and to honor the commitments made directly with the provider.

Article 12 - Content published by the Requester

The Requester remains solely responsible for the content and information they submit through the Platform.

They warrant that their content does not infringe the rights of third parties and is not unlawful.

MYTOGU may remove any content that is manifestly unlawful or contrary to these T&Cs.

The Requester shall indemnify MYTOGU against any claim related to the information or content they have submitted.

Article 13 - Intellectual property

The Platform, its structure, text, trademarks, databases, tools, and graphic elements are the exclusive property of MYTOGU or its partners.

The Requester is granted only a personal, free, non-exclusive, and non-transferable right of use.

Any unauthorized reproduction, extraction, modification, distribution, or exploitation of the Platform is prohibited.

Article 14 - Requester’s liability

The Requester is responsible for their use of the Platform.

In the event of non-compliance with these T&Cs, MYTOGU may delete the Request, suspend access to the Service, or close the Requester’s account, without prior notice or compensation.

MYTOGU reserves the right to take any necessary action in the event of fraudulent or abusive use of the Service.

Article 15 - MYTOGU’s liability

MYTOGU acts solely as an intermediary for matchmaking.

MYTOGU does not guarantee:

that a tourism provider will contact the Requester;
that a quote will be sent;
that a service will be available;
that the Requester will find a guide;
or that the service will fully meet their expectations.

MYTOGU checks certain information provided, but does not guarantee the full accuracy of the information supplied by Requesters or tourism providers.

MYTOGU is not responsible for:

communications between the Requester and the provider;
quotes sent;
prices offered;
cancellations;
delays;
disputes;
the quality or performance of the service.

In general, MYTOGU cannot be held liable for indirect damages, business losses, loss of opportunity, or harm resulting from a relationship between the Requester and a tourism provider.

Article 16 - Protection of personal data

MYTOGU collects and processes the Requester’s personal data necessary for the operation of the Service, including:

first name;
last name;
email address;
phone number;
requested destination;
information relating to the tour request.

These data are used to:

allow the Request to be submitted;
transmit the Request to the relevant tourism providers;
allow interested providers to contact the Requester;
manage any requests, complaints, or disputes;
ensure the proper functioning of the Platform.

The Requester’s contact details may be transmitted to a maximum of three (3) tourism providers who have unlocked their Request.

Each tourism provider becomes responsible for the data they receive and must comply with their own obligations regarding personal data protection.

The Requester has the following rights:

access;
rectification;
deletion;
objection;
restriction of processing;
data portability.

The Requester may exercise their rights by contacting MYTOGU at: info@mytogu.com.

If they encounter any difficulty, the Requester may file a complaint with the CNIL.

If the Request concerns a destination located outside the European Union, the Requester agrees that their information may be transmitted to tourism providers located in the relevant country, when necessary to process their Request.

Article 17 - Invalidity of a clause

If any clause of these T&Cs is declared void or unenforceable, the remaining clauses shall remain in full force and effect.

Article 18 - Assignment

The Requester may not assign to any third party the rights or obligations arising from these T&Cs without MYTOGU’s prior consent.

Article 19 - Governing law

These T&Cs are governed by French law.

Article 20 - Dispute resolution

Any complaint must first be sent to MYTOGU by email at: info@mytogu.com.

The Parties will endeavor to reach an amicable solution.

If the Requester is a consumer, they may use a consumer mediator free of charge under the conditions provided for by the applicable regulations.

They may also use the European online dispute resolution platform.

If amicable resolution fails, the jurisdiction rules set out in the French Code of Civil Procedure shall apply.

If the Requester is a business, any dispute shall fall within the jurisdiction of the competent courts within the area of MYTOGU’s registered office.