General Term of Use

SPORTIHOME is a web platform that allows sports travelers to stay close to SPORTS PRACTICE SITES in France or elsewhere. Through its community of USERS, SPORTIHOME also enables the listing and rating of SPORTS PRACTICE SITES, helping everyone to discover and enjoy them. More than just private accommodation sharing, the purpose of SPORTIHOME is to share information about SPORTS PRACTICE SITES, facilitate exchanges between practitioners, and more broadly, foster connections around shared sports passions. To this end, SPORTIHOME was developed to directly connect USERS with those willing to host them, allowing them to make the most of their stay while practicing their favorite sports. Using SPORTIHOME’s services implies adherence to and compliance with the rules outlined in these GENERAL TERMS OF USE. Last updated: December 10, 2024

DEFINITIONS

HOST: An individual or professional with a PROFILE on the WEBSITE who offers to host a TRAVELER for a specified duration. TRAVELER: A person using the WEBSITE’s services to secure a PLACE OF ACCOMMODATION with a HOST during their trip. PLACE OF ACCOMMODATION: The property described by the HOST, where the TRAVELER can stay for a specified period. THIRD-PARTY PARTNERS: Companies offering services for booking and managing PLACES OF ACCOMMODATION. PLATFORM: The set of online services provided by SPORTIHOME. PROFILE: All the information provided by the USER during their registration on the WEBSITE. SPORTS PRACTICE SITE: A location suitable for practicing a specific sport, commonly referred to as a SPOT. WEBSITE: The collection of organized web pages hosted under a single domain name, specifically: www.sportihome.com. SPORTIHOME: The WEBSITE available at www.sportihome.com, operated by SAS SPORTIHOME, located at Cap Oméga - Rond-Point Benjamin Franklin - CS 39521 - 34960 Montpellier - FRANCE - CEDEX 2, with a capital of €18,865.29, registered with the Montpellier Trade and Companies Register under number RCS 825 134 604, and VAT number FR 05 825134604. The WEBSITE is governed by these GENERAL TERMS OF USE. USER: Any natural person or representative of a legal entity who creates a PROFILE on SPORTIHOME.

PURPOSE

SPORTIHOME provides the opportunity for any individual aged 18 or older, any representative of a legal entity, or any group representative to register on the WEBSITE to locate and describe SPORTS PRACTICE SITES and to facilitate connections between HOSTS and TRAVELERS via THIRD-PARTY PARTNERS, subject to compliance with these GENERAL TERMS OF USE. SPORTIHOME merely hosts descriptions of SPORTS PRACTICE SITES for TRAVELERS and listings of PLACES OF ACCOMMODATION provided by THIRD-PARTY PARTNERS. SPORTIHOME does not intervene in the contracts between HOSTS and TRAVELERS. SPORTIHOME is not a travel agency, does not organize or sell individual or group trips or stays, and does not provide services related to travel or stays.

REGISTRATION

Access to SPORTIHOME is available via the URL www.sportihome.com. Simply browsing the WEBSITE is free of charge. However, adding a SPORTS PRACTICE SITE or posting a comment about one requires USERS to complete the dedicated registration form. Using SPORTIHOME’s services is reserved for individuals aged 18 or older with full legal capacity as of their registration date. Registration can also be completed through social media accounts. Booking a PLACE OF ACCOMMODATION with a HOST or posting an accommodation listing is conducted through THIRD-PARTY PARTNERS featured on the WEBSITE.

USER OBLIGATIONS

The USER must read and accept these GENERAL TERMS OF USE. By electronically validating these terms after reviewing them, the USER is deemed to have read, understood, and accepted them without reservation.

HOST’S SECURITY OBLIGATIONS

When welcoming a TRAVELER, the HOST may introduce them to SPORTS PRACTICE SITES. The HOST assumes full responsibility for any risks involved, which may vary depending on the activity type. The TRAVELER acknowledges that SPORTIHOME bears no responsibility for the organization or activities at SPORTS PRACTICE SITES presented on the PLATFORM, whether by the HOST or other USERS. Hosts must exercise caution and comply with regulations to ensure everyone’s safety. SPORTIHOME cannot be held liable for any damages resulting from these activities. If SPORTIHOME’s liability is engaged due to damages, the HOST or TRAVELER must indemnify and hold SPORTIHOME harmless from any resulting consequences.

DESCRIPTION OF HOST'S PLACE OF ACCOMMODATION

The PLACE OF ACCOMMODATION offered by the HOST through THIRD-PARTY PARTNERS is illustrated with one or more photographs to allow the TRAVELER to view the PLACE OF ACCOMMODATION as accurately as possible before potentially finalizing their reservation. A description accompanies these photos, outlining the key features of the PLACE OF ACCOMMODATION, including the booking price set by the HOST and the dates on which the accommodation is available. SPORTIHOME strives to provide a faithful representation of the PLACE OF ACCOMMODATION to avoid any disappointment for the TRAVELER upon arrival. However, given the communication medium used and the technical variability related to the usage and quality of the TRAVELER's screen when viewing the PLACES OF ACCOMMODATION offered by the HOST, the TRAVELER acknowledges being informed that changes may occur to the photographed locations after they are posted online. SPORTIHOME's THIRD-PARTY PARTNERS endeavor to update any significant modifications to the PLACE OF ACCOMMODATION as promptly as possible with new photographs. The HOST fully indemnifies and guarantees SPORTIHOME against any potential legal actions, judgments, or liabilities arising from these issues. It is therefore the TRAVELER's responsibility to carefully review the description of the PLACE OF ACCOMMODATION.

DISCLAIMER OF LIABILITY

SPORTIHOME's service is limited to connecting the HOST and the TRAVELER via the PLATFORM and does not involve the contractual relationship that may arise between them, as it is managed through THIRD-PARTY PARTNERS. SPORTIHOME is not a party to the agreement binding the parties following this connection and therefore benefits from the principle of the relativity of contracts as stipulated under Article 1199 of the French Civil Code, which states: "A contract creates obligations only between the parties. Third parties cannot demand the execution of the contract or be forced to execute it, subject to the provisions of this section and those of Chapter III of Title IV.»

DELETION OF A PROFILE, PLACE OF ACCOMMODATION, OR SPORTS PRACTICE SITE

SPORTIHOME may, without prior notice, delete any PROFILE (USER, TRAVELER, or HOST), PLACE OF ACCOMMODATION, or SPORTS PRACTICE SITE that it deems to be in violation of the GENERAL TERMS OF USE, any applicable legal or regulatory provisions, or for any other reason it is not obliged to disclose to the concerned party. SPORTIHOME cannot be held liable for the deletion of any PROFILE, PLACE OF ACCOMMODATION, or SPORTS PRACTICE SITE.

DESCRIPTION OF A SPORTS PRACTICE SITE

SPORTIHOME draws the USER's attention to the information provided about SPORTS PRACTICE SITES. It is the responsibility of each individual providing details about such locations to include as much precision as possible about risk areas or the level of danger associated with the sites. SPORTIHOME cannot verify these SPORTS PRACTICE SITES and can only remove mentions of them after being informed of elements demonstrating that they fail to meet satisfactory safety standards. By providing information about SPORTS PRACTICE SITES, the USER may incur civil liability. It is therefore their duty to take all necessary precautions when describing these sites. SPORTIHOME cannot be held liable for this information. If, however, SPORTIHOME’s liability is engaged for damages affecting an individual as a result of this information, the USER shall indemnify and hold SPORTIHOME harmless from all damages and consequences resulting from any actions brought against it in this regard. SPORTIHOME also reserves the right to delete the SPORTS PRACTICE SITE and the PROFILE of any USER violating the safety obligations outlined in these GENERAL TERMS OF USE or reiterated on the WEBSITE.

NETWORK AND ACCESS TO THE WEBSITE

Access to the SPORTIHOME WEBSITE requires an Internet connection. The Internet network is subject to potential interruptions and/or slowdowns in performance, and SPORTIHOME cannot be held responsible for such issues. SPORTIHOME is not liable for problems related to the USER's, TRAVELER's, or HOST's connection, computer viruses transmitted via this network or other means, or any malicious acts committed through this network or other channels. SPORTIHOME is not responsible for any damages caused to equipment through the Internet network or other means. SPORTIHOME does not guarantee the continuity of the WEBSITE or application usage.

COMPLIANCE WITH LEGAL AND REGULATORY PRINCIPLES

The use of SPORTIHOME's services requires compliance with all applicable legal and regulatory provisions, including—but not limited to—rules concerning fiscal and social obligations for services provided between professionals or between private individuals and professionals. It is reminded to the HOST and the TRAVELER that "ignorance of the law excuses no one" and that it is not within SPORTIHOME's mission to provide exhaustive information on the legal framework governing the use of its services for posting an offer for a PLACE OF ACCOMMODATION and/or responding to such offers. Any legal information provided by SPORTIHOME is therefore intended as a warning and reminder but should not be considered exhaustive, given the multitude of rules in force. SPORTIHOME cannot be held liable for a lack of legal information regarding the adherence to applicable laws, which each user is presumed to know or research prior to using the services offered.

SPORTIHOME'S LIABILITY AS PUBLISHER OF THE WEBSITE AND APPLICATION

In accordance with Law No. 2004-575 of June 21, 2004, on confidence in the digital economy, particularly Articles 6-2 and 6-3: “Legal entities that provide, even free of charge, public communication services online for the storage of signals, writings, images, sounds, or messages of any kind provided by recipients of these services cannot have their civil liability engaged for activities or information stored at the request of a recipient of these services if they were not actually aware of their illicit nature or of facts and circumstances indicating such nature, or if, from the moment they became aware, they acted promptly to remove this data or make it inaccessible.” (Article 6-2) “The entities referred to in Article 6-2 cannot have their criminal liability engaged for information stored at the request of a recipient of these services if they were not actually aware of the illicit activity or information, or if, from the moment they became aware, they acted promptly to remove this information or make it inaccessible.” (Article 6-3) The USER is therefore informed that, under the aforementioned law, SPORTIHOME is not subject to “a general obligation to monitor the information it transmits or stores, nor a general obligation to seek facts or circumstances indicating illicit activities.”

COMMUNICATIONS BETWEEN USERS

USERS agree to conduct themselves with courtesy, professionalism, and responsiveness in their interactions with one another. They must always act in good faith in their responses, in accordance with the provisions of the Civil Code. Anyone who notices a comment or review posted in violation of a third party's rights or any legal or regulatory provision must report it without delay using the designated contact form.

CHANGES TO THE GENERAL TERMS OF USE

SPORTIHOME reserves the right to modify its GENERAL TERMS OF USE at any time and without prior notice. The USER will be informed of these changes via an email sent to the address provided at the time of registration. The USER may be required to accept these modifications before regaining access to their PROFILE.

INTELLECTUAL PROPERTY

All content on the SPORTIHOME WEBSITE and application, including but not limited to graphics, images, texts, videos, animations, sounds, logos, GIFs, and icons, as well as their layout, is the exclusive property of SPORTIHOME, except for trademarks, logos, or content belonging to other partner companies or authors. Any reproduction, distribution, modification, adaptation, retransmission, or publication, even partial, of these elements is strictly prohibited without prior written consent. Such representation or reproduction, by any means, constitutes infringement punishable under Articles L.3335-2 and subsequent articles of the French Intellectual Property Code. Non-compliance with this prohibition constitutes infringement that may result in civil and criminal liability for the infringer. Moreover, the owners of the copied content may take legal action against you. SPORTIHOME owns the "rights of database producers" as defined in Book III, Title IV of the French Intellectual Property Code (Law No. 98-536 of July 1, 1998, regarding copyright and databases). For any authorization or information requests, please contact SPORTIHOME via the dedicated contact form.

PERSONAL DATA

SPORTIHOME is responsible for processing the personal data of its USERS. The information provided by USERS in the context of using the WEBSITE is utilized for service management, marketing purposes, USER relations, and compliance with legal and regulatory obligations applicable to SPORTIHOME. The USER is informed that personal data provided during registration on the WEBSITE may be shared with companies collaborating with SPORTIHOME for marketing purposes, customer relationship management, or commercial, postal, or telephone prospecting. Any USER wishing to prohibit such data sharing can do so by sending a written request to the following address: SAS SPORTIHOME, Cap Oméga - Rond-Point Benjamin Franklin - CS 39521 - 34 960 Montpellier - FRANCE. The USER is further informed that if certain recipients of their data are located outside the European Union, SPORTIHOME will comply with the legal requirements for transferring such data, particularly the provisions set forth by the French Data Protection Authority (CNIL). In accordance with Law No. 78-17, known as the "Informatique et Libertés" law of January 6, 1978, USERS have the right to access, oppose, rectify, and delete their personal data at any time. These rights can be exercised by sending a written request along with proof of identity (a copy of a valid national ID card or passport) to the following address: SAS SPORTIHOME, Cap Oméga - Rond-Point Benjamin Franklin - CS 39521 - 34 960 Montpellier - FRANCE - CEDEX 2.

SPOT EVALUATIONS

All USERS can rate and leave a review about SPORTS PRACTICE SITES. Reviews are moderated retrospectively. They must remain balanced and courteous and must not infringe upon the honor or reputation of others.

APPLICABLE LAW – AMICABLE DISPUTE RESOLUTION

The general terms of use are governed by French law, excluding any other legislation. FOR PROFESSIONAL USERS OF SPORTIHOME: Disputes or conflicts arising from the use of a service made available by SPORTIHOME must first be subject to an attempt at amicable resolution. To this end, within 30 days of the dispute's origin, a meeting between the parties must take place in a location within the jurisdiction of the Court of Appeal of MONTPELLIER. If no agreement is reached within 15 days following this meeting, SPORTIHOME and the opposing individual or legal entity regain their right to pursue legal action (these provisions do not apply to consumers). FOR DISPUTES BETWEEN SPORTIHOME AND PROFESSIONALS: No legal action aimed at holding SPORTIHOME civilly liable may be initiated more than one calendar year after the claim arose, in accordance with Article 2254 of the French Civil Code. In the event of a dispute arising from the use of a service provided to the USER, the competent courts are those within the jurisdiction of the Court of Appeal of MONTPELLIER (these provisions do not apply to consumers). For disputes between SPORTIHOME and consumers, the consumer is informed that they may contact a consumer mediator under the conditions defined in Articles L. 611-1 and following of the Consumer Code, using the system accessible at the following web address: www.economie.gouv.fr/mediation-conso.

CONTACTING SPORTIHOME

If you have any questions regarding these GENERAL TERMS OF USE or any other inquiries, please contact SPORTIHOME at https://sportihome-help.zendesk.com.