These general terms and conditions of sale define the terms and conditions under which the Publisher provides its clients with online content publishing and distribution services on its multi-service platform. Any subscription to or use of the services implies the Client's unreserved acceptance of these general terms and conditions of sale.

Definitions

• “PLATFORM”: refers to the website http://www.capexperiences.com, published by the company TDP (RCS n° 753 780 675).
• “CLIENTS”: refers to clients or prospects (including tour operators, coach operators, sales agents, groups, mini-groups, associations, sports clubs).
• “ADVERTISER”: refers to the entity (company, public or private body) contracting with the Publisher.
• "FILE": refers to the advertising content communicated to the Publisher.
• “SERVICE”: refers to the communication of the username and password enabling the online posting of the Advertiser’s advertising materials and the provision by the Publisher of an email sending service via an integrated prospect targeting platform.
• "PUBLISHER": refers to the company TDP.

Purpose and general framework of the service

The platform aims to enable the creation, distribution, and viewing of professional content, as well as to connect and increase the visibility of user profiles within the strict framework of its functionalities. Published content can be viewed in multiple countries and is subject to search, recommendation, and networking features within the platform.

Interactions between Users are limited to the functional scope of the platform and do not give rise to any exploitation of data outside of this framework.

The Publisher acts as a provider of a technical platform enabling Users to publish, connect, and distribute content. It exercises no editorial control over the content published by Users, subject to applicable legal obligations.

Account creation / platform access

The client can create a free account, which allows them to create a simplified presentation of their establishment on the platform. This account also provides access to a presentation of the services offered by the Publisher, as well as the applicable commercial terms and conditions.

A presentation video of the platform is also accessible from the site, via the "View demo" menu, and provides a general overview of the services offered by the Publisher.

The free account does not grant access to the full features of the platform or to services subscribed to as part of a paid offer.

The Customer can also, via their account, request a discussion with the sales team to obtain additional information and, if necessary, be assisted in choosing an offer tailored to their needs.

When subscribing to an offer, the Customer contacts the Publisher's sales department to obtain an order form corresponding to the chosen offer. The contract is validly formed upon receipt by the Publisher of the order form duly completed and signed by the Customer. The Publisher reserves the right to refuse any order in the event of incomplete, non-compliant, or manifestly incompatible information with the services offered, without such refusal giving rise to any compensation.

If the signed order form is not returned within thirty (30) days of its issue, it will be considered void, without obligation for the Publisher.

Once the application has been validated, the Publisher will open the Client's final account within a reasonable timeframe and provide them with their login credentials.

The corresponding invoice is issued and sent to the Client upon provision of the login credentials.

Services

The services include the Publisher providing the identifiers enabling the Advertiser to post advertising content (experience presentation sheets) on the site for a period of 12 months.

Optional: sending messages electronically to targeted contacts via the Publisher's server by the Advertiser, advertising banner on the platform's homepage, highlighting the advertiser's offers at the top of the display results in search results.

The advertising content is designed and produced by the Advertiser for its own services and transmitted to the Publisher via the platform, which automatically processes and distributes it without manual translation or validation. Each listing will be uploaded by the Advertiser, under its own responsibility, and must be produced only in the following formats: video, photos, PDF, link to website or social media, and must contain a description of its offers for group clients (groups/mini-groups).

The listings and content published on the platform must comply with the technical requirements defined by the Publisher and accessible directly in the platform's back office. These requirements relate in particular to content format, file size, image dimensions, text character limits, and formatting methods.

The Advertiser agrees to comply with these guidelines, which may change at any time for technical, functional or service optimization reasons.

Publications are in the Advertiser's original language and may be automatically translated into French, English, Dutch, Italian, German, Spanish, and Portuguese. Any subsequent modification of the translated content by the Advertiser will result in a new automatic translation, within the limits of the translation quotas included in the subscribed offer.

The Publisher reserves the right to limit access to certain services or features in certain countries or territories.

The Advertiser has the option to choose from the following packages:

• Online listing. (Optional: email marketing tool, banner and featured listing)
• 3 fact sheets published online, 5 actions including: email marketing tool, advertising banner, featured placement
• 7 fact sheets published online, 9 actions including: email marketing tool, advertising banner, featured placement
• 12 fact sheets have been published online, outlining 12 actions including: email marketing tool, advertising banner, and featured placement.
• Supported Formula: The Cap experiences team ensures the creation of 4 fact sheets and carries out 7 actions (emailings, advertising banner and highlighting).

The Advertiser freely allocates their action credits among the various services offered, according to their needs. Actions are carried out directly from the back office accessible via their client account.

Other options are also available when subscribing or during the contract: Emailing package, additional sheets, advertising banner, additional translation package.

The Publisher does not design the advertising banners. If the Advertiser chooses this service, it is their responsibility to create and integrate their banner on the platform themselves from their client account.

Regarding the email marketing service, the targets will not be listed by name, and the advertiser will not have their contact information. However, the advertiser will be able to select their target audience based on geographical criteria.

Duration of the service

The service is concluded for a period of one (1) year from the date the Publisher makes the login credentials available. It ends automatically upon expiry of this period, without tacit renewal .

Prices

The applicable rates are those in effect on the date the advertising order is placed and are stated therein. The Publisher reserves the right to change its rates.

By creating a free account, the customer gains access to a presentation of the services offered by the Publisher, as well as the applicable terms and conditions. The free account does not grant access to the platform's full features or to services subscribed to as part of a paid plan.

The Customer can also, via their account, request a discussion with the sales team to obtain additional information and, if necessary, be assisted in choosing an offer tailored to their needs.

Conditions for inserting and distributing content

The Publisher remains free to refuse, in accordance with standard practice, the insertion of an advertisement without being required to justify its refusal. This refusal may occur at any time after the text and/or image has been published online.

The Publisher's acceptance of the Advertiser's order grants the Advertiser only the right to occupy the reserved space or any equivalent space. The Publisher shall not be held liable, and no compensation shall be due to the Advertiser, should the Publisher be required to move, disable, abandon, or delete the advertisement for various reasons beyond its control, such as: requests from the website host, impossibility of installation (technical difficulties), new regulations or injunctions from public authorities, or, in general, any event of force majeure.

The publication dates provided by the Publisher are indicative only. Any delay caused by a strike or any other event of force majeure does not entitle the client to any compensation and cannot, under any circumstances, exempt them from paying for insertions actually published. The Publisher cannot guarantee that competing Advertisers will not be present in neighboring or adjacent locations during the same period.

The listings must comply with the technical specifications described above and with all applicable laws and regulations, particularly in the countries where they are accessible or distributed. Advertisers may, at their sole risk, include pricing information in their content or listings in the currency of their choice for informational purposes only. The Publisher does not perform any currency conversion and does not guarantee the accuracy or timeliness of the amounts or equivalents displayed in these currencies.

Any purchase of advertising space governed by the provisions of the law of January 29, 1993 (“Sapin Law”), made through an intermediary, may only take place within the framework of an agency agreement between the Advertiser and that intermediary, in which case a certificate of agency must be provided to the Publisher. Orders placed through this intermediary will be strictly subject to these terms and conditions, and the agent will be bound, vis-à-vis the Publisher, by the same obligations as those incumbent upon the Advertiser on whose behalf it is acting. The Advertiser will, however, remain, in all circumstances, solely responsible for the actions of its agent.

Intellectual property

All elements comprising the platform, including but not limited to software, interfaces, databases, structures, texts, graphics, logos, trademarks and visual elements, are protected by the provisions of the Intellectual Property Code and remain the exclusive property of the Publisher or its partners.

Access to the platform does not entail any transfer of intellectual property rights to the User or the Client, who only benefits from a personal, non-exclusive, non-transferable right of use limited to the duration of the contract, strictly for professional needs related to the use of the services.

Any reproduction, representation, extraction, adaptation, translation or reuse, in whole or in part, of the elements of the platform is prohibited, except with the express authorization of the Publisher or in cases strictly necessary for the normal use of the functionalities of the service.

The Client retains ownership of the rights to the content they publish on the platform. They grant the Publisher, for the purposes of performing the services, a non-exclusive, worldwide, royalty-free license for the duration of the contract, allowing the reproduction, representation and adaptation of said content on the platform and its associated technical supports, in particular for the purposes of display, distribution and automatic translation.

As part of the service's features, published content can be viewed by logged-in Users and downloaded by them in PDF format, only within a secure area accessible after authentication. This download is authorized solely for the User's own needs within the context of using the platform and does not grant any additional rights to the platform's content, graphics, or structure.

Any use of the platform's content or elements outside of its intended functionalities is strictly prohibited.

Responsibility – obligations of the Advertiser and the Publisher

The Advertiser shall be solely responsible for the content (text, visuals) of their advertisement, as well as for its compliance with applicable laws and regulations in the countries where the content is accessed or distributed. The Advertiser shall indemnify the Publisher against any claims in this regard and shall compensate the Publisher for all damages it may suffer as a result, including any legal costs incurred by the Publisher.

The Publisher provides the Advertiser, via its back office, with various tools to assist in using the platform, including guides and tutorials. These resources are provided for informational purposes only, to support the Advertiser in using the services, and do not replace the Advertiser's responsibility for the content, information, and publications disseminated.

The content published on the platform may be subject to automated translations into several languages. These translations are performed automatically. They are provided for informational purposes only and may contain approximations or errors. The Publisher does not guarantee the accuracy or completeness of the translations provided and cannot be held liable for any errors, omissions, or interpretations resulting from these translations.

Under no circumstances shall the Publisher be held liable if the failure or delay in insertion results from the Advertiser's failure to comply with any of these terms and conditions or their technical specifications, and no modification of the agreement, including price, period, or duration, may be claimed. In any event, should the Publisher be found liable, its liability shall be limited to a refund of the price corresponding to the advertisement in question, excluding any indirect, commercial, reputational, or intangible damages suffered by the Advertiser.

The Advertiser undertakes to ensure that the content of its advertisements complies with all legal or regulatory provisions in force in the countries in which they are accessible or disseminated.

In accordance with the French Data Protection Act of 6 January 1978, the Advertiser may access, rectify, and object to the processing or potential transfer of their personal data to the Publisher's partners by writing to the Publisher's Legal Department. Furthermore, the Advertiser and their representative expressly authorize the Publisher to use them as a commercial reference.

Personal data - confidentiality

The Publisher, acting as data controller, collects and processes personal data of Users and Clients in connection with the use of the platform.

This data includes, in particular, the information necessary for the creation and management of accounts, the provision of services, the publication of content, as well as the commercial and administrative management of contractual relationships.

The data is processed for the following purposes: management of User accounts, access to platform services, execution of subscribed services, invoicing, communication with Users, improvement of services, as well as the enrichment and optimization of the internal database in order to allow interactions, connections and synergies between Users within the framework of the functionalities offered by the platform.

Data may be transmitted to technical service providers involved in hosting, maintenance or related services, to the extent necessary for the performance of their duties.

The data is kept for the duration necessary to provide the services and in accordance with applicable legal obligations.

In accordance with current regulations, Users have the right to access, rectify, erase, limit, object to and port their personal data, which they can exercise by contacting the Publisher.

For more information on the processing of personal data, the User is invited to consult the privacy policy.

Billing and payment terms

Invoicing and payment due dates

Services are invoiced from the date of validation of the order form signed by the Client and activation of the account by the Publisher.

The invoice is issued in the Client's name and sent when the login credentials are provided. It is due 30 days from the date of issue, unless otherwise stated on the invoice.

Payment methods

Payment is made according to the terms specified on the order form. The currency for both invoicing and payment remains the euro (€). Any bank charges, exchange fees, or commissions related to international payments are the responsibility of the Advertiser.

If a duly authorized intermediary is used, the invoice may be issued in the latter's name. However, the Client remains solely responsible for the payment of sums due, even in the event of default by their agent.

Late or non-payment

Any delay in payment will automatically and without prior notice result in:

• the suspension of access to the account and platform services;
• the immediate payment of all sums due;
• the possibility of making any new activation or renewal conditional upon prior payment of outstanding amounts.

Disputes – applicable law

Any complaint relating to an insertion or content disseminated on the platform must be addressed to the Publisher by registered letter with acknowledgment of receipt within fifteen (15) days from the date of the relevant online posting.

These general terms and conditions of sale, written in French, are governed exclusively by French law. In the event of a translation into one or more other languages, only the French version shall prevail in the event of a dispute or difficulty of interpretation.

In the event of a dispute concerning the interpretation, performance, or validity of these general terms and conditions of sale, the parties shall first seek an amicable solution. If no amicable agreement can be reached, the dispute shall fall under the jurisdiction of the competent French courts in accordance with the provisions of ordinary law.

The Publisher reserves the right to modify these terms and conditions of sale at any time, in particular to reflect changes in its services, regulations, or operating conditions. The applicable terms and conditions are those in effect on the date of order confirmation or any subsequent renewal of services.