Terms of Service

Please read these Terms of Service (hereinafter, the “Terms of Service”) carefully as they contain important information regarding your legal rights, remedies and obligations and govern the business relationship with the Company.

By registering on the Site, you agree to comply with and be bound by these Terms of Service.

These Terms of Service constitute a legally binding agreement (hereinafter, the “Agreement”) between you and the Company (as defined in Article I) governing the Payment Services (defined below) carried out through the Winalist Platform or in connection therewith.

Article I. Definitions

The terms used with an initial capital letter and not otherwise defined in one of the articles of this Contract have the meaning given to them below, without there being any need to distinguish depending on whether they are used in the singular, plural, infinitive or conjugated.

Activity(ies): Activity offered for reservation on the Site by a Host.

Announcement: Has the meaning given to it in the Article “Scope of Winalist Services”

Winalist Account: Has the meaning given to it in the Article “Creation of an account”.

Terms of Service or Agreement: This document.

Content: Has the meaning given to it in the Article “Content”

Host Content: Has the meaning given to it in the “Content” Article.

Winalist Content: Has the meaning given to it in the “Content” Article.

Service Fees: Has the meaning given to it in the “Service Fees” Article.

Total Fees: Has the meaning given to it in the Article “Conditions relating to payments”.

Host(s): Wine tourism professional registered on the Site with a view to listing the activities that they wish to offer for reservation to Users of the Site.

Personal Information: “information which allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies” (article 4 of law no. 78-17 of January 6, 1978).

“Per Group” Pricing Model: A pricing option where the price of an Activity is set for a group of people, rather than per individual person. This model allows Hosts to offer fixed prices for groups of different sizes, with price variations depending on the number of people (for example, €40 for 2 to 5 people, €60 for 6 to 10 people ). The Service Fee for this model is calculated taking into account the total number of people in the group, including children.

“Per Person” Pricing Model: A pricing option where the price of an Activity is set per individual person, without distinction between groups of number of people. Each person participating in the Activity pays a specific rate per adult and, in some cases, per child. The Service Fee for this model is calculated taking into account only the number of adults booked for the Activity.

Reservation Module: Has the meaning given to it in the “Framing” Article.

Net Partenaire: The total amount of payments collected by Winalist and linked to Activity reservations over a period (we will retain here the date of participation in the Activity by the User and not the date of payment of the reservation) deducted from the Fees of Winalist Service All Taxes Included.

Option: Service offered by the Host in addition to the Activity, which may take the form of the provision of one or more physical products or one or more additional services.

Reservation: Purchase of an Activity by a User, for a date, a number of adults, a number of children and according to the Price per adult and the Price per child set by the Host offering said Activity.

Site or Platform or Winalist Platform: The set of web pages accessible via the following domains: winalist.fr, winalist.com, winalist.it, winalist.de, winalist.es, winalist.pt, winalist.nl, winalist.cn , winalist.jp, winalist.se, winalist.fi.

Company: Has the meaning given to it in Article II.

User(s) or Visitor(s): Internet user connecting, visiting and using the aforementioned Site.

Winalist: The Company, defined in Article II.

Article II. Presentation of the Site

Under article 6 of law no. 2004-575 of June 21, 2004 for confidence in the digital economy, Users of the Site are informed of the identity of the various participants in the context of its creation and its follow up :

 Owner: Winalist, simplified joint stock company with capital of €24,079, registered under number 825 280 027 with the RCS of Reims and domiciled at 17-21 Rond-point de l'Europe, 51430 Bezannes or its subsidiary, Winalist Inc, registered in Delaware, USA and established at 548 Market Street, San Francisco, CA 94104 US, (hereinafter, the “Company”),

 Publication manager: the Company,

 Webmaster: the Company,

 Host: the Company.

Article III. Scope of Winalist Services

The Winalist Platform is an online marketplace that allows wine tourism professionals (hereinafter, the “Hosts) to publish information on the tourist activities they offer and make them available for reservation. Each Activity offered for reservation by a Host will be the subject of a dedicated page on the Site (hereinafter “Announcement”), the description, images and other practical information of which will be provided by the Host. These activities can take the form, but not limited to, of visits, tastings, discovery tours, lessons, activities over several days as well as other activities related to travel and wine.

Users will be able to discover on the Platform all the Activities offered by the Hosts and make a Reservation for one or more of them.

In addition to their Activity, Users may request to benefit from Options that the Host who runs the Activity reserved by the User will have previously offered them.

Hosts are solely responsible for their Activities and the Options they offer. When Users make or accept a Reservation, a contract binds them directly to the Hosts. Winalist is not and does not become a party to any contract between Users and Hosts, is not involved in the contractual relationship between Users and Hosts and is neither a broker nor an insurer. Winalist does not act as an agent of any User or Host. Its role is limited to that of a business provider.

While Winalist can facilitate the resolution of disputes, Winalist does not control or guarantee the existence, quality, safety, suitability or legality of the Activities offered by a Host, the truth or accuracy of the descriptions of the Activities, Ratings, Comments or other Host Content (as defined below), or the performance or conduct of any Host or third party.

If you choose to use the Winalist Platform as a Host, your status with Winalist is limited to that of an independent third-party contractor, and not an employee, agent, joint venture member or associate of Winalist for whatever reason, you act exclusively for your own account and for your sole benefit, and not for the account or benefit of Winalist. Winalist does not direct or control you, and shall not be construed as directing or controlling you, either generally or in accordance with these Terms of Service. You acknowledge that you have full discretion to advertise your Activities or otherwise engage in other business activities or employment.

In order to promote the Winalist Platform and increase visibility of the Activities to potential Visitors, Listings and other forms of Host Content may be posted on other websites, in applications and emails, as well as in online and offline advertisements in accordance with the “Content” section of these Terms of Service. To assist Hosts who speak different languages, Winalist provides automatic tools to enable Hosts to translate Activities and other forms of Host Content, in whole or in part, into other languages. Hosts are free to use these tools at their sole discretion. Winalist cannot guarantee the accuracy or quality of these translations and it is the responsibility of Hosts to verify the accuracy of these translations.

The Winalist Platform may contain links to third-party websites or resources (hereinafter, the “Third-Party Services”). These Third Party Services may be subject to different terms of service and privacy practices. Winalist is not responsible for the availability or accuracy of these Third Party Services, or the content, products or services available from these Third Party Services. Links to these Third Party Services should not be construed as an endorsement by Winalist of these Third Party Services.

Winalist is not responsible in the event of breakdowns or outages of the Internet or telecommunications infrastructures which are not under its control and which may lead to interruptions in the accessibility of the Winalist platform. Winalist may, temporarily and taking into account the legitimate interests of Hosts (for example by prior notification), limit the availability of the Winalist Platform or certain areas or functionalities of the Winalist Platform if this is necessary due to capacity. limited, to preserve the security or integrity of our servers, or to carry out maintenance operations to ensure the proper functioning or improve the functioning of the Winalist Platform. This clause applies without prejudice to the “Liability” Article of these Terms of Service. Winalist may improve or modify the Winalist Platform and add new Services at any time. Winalist will inform Hosts of any modifications made to the Winalist Platform, unless these modifications are minor or do not have a material effect on the contractual obligations of the parties.

Article IV. Eligibility, Use of the Winalist Platform, Host Verification

You must be at least 18 years old and have the capacity to contract to access the Winalist Platform, use it or create a Winalist Account. By accessing or using the Winalist Platform, you certify that you are at least 18 years old and have the capacity and power to contract.

Winalist may subject access and use of the Winalist Platform or to certain areas or functionalities of the Winalist Platform to certain conditions or requirements, such as submission to a verification procedure, satisfaction of certain quality and performance criteria. eligibility, reaching certain Rating or Review thresholds, or a Host's booking and cancellation history.

Verifying users on the Internet is difficult, and we assume no responsibility for confirming the identity of any Host or User. Notwithstanding the foregoing, for the sake of transparency and for the purposes of fraud prevention, subject to applicable laws, we may, but are not required to, ask Hosts to provide us with government-issued identification or other information, or to submit to other checks intended to verify the identity and background of Hosts, consult third-party databases or other sources of information to verify whether Hosts are listed there, and request reports from service providers , and if we have sufficient information to identify a Host, obtain records of criminal or sexual offenses (or similar) from local authorities (if available).

Access to and use of certain areas and features of the Winalist Platform may be subject to separate policies, standards or rules, or may be conditioned upon your acceptance of additional terms before you may access the relevant areas or features of the Winalist Platform. Winalist platform. If there is a conflict between these Terms of Service and other terms applicable to a specific area or feature of the Winalist Platform, the latter shall prevail with respect to your access to and use of that area or feature or functionality, unless otherwise stated therein.

Certain parts of the Winalist Platform use Mapbox mapping services, including Mapbox APIs. Your use of Mapbox is subject to the Mapbox Terms of Use.

Article V. Modification of these Conditions

Winalist reserves the right to modify these Terms of Service at any time in accordance with this Article. If we modify these Terms of Service, we will post the modified Terms on the Winalist Platform by modifying the “Last Updated” date at the top of the Terms. We will also inform you of the changes the next time you log in to your Winalist Account. The updated Terms will take effect 30 days after their publication. If you do not agree to the revised Terms of Service, you may terminate this Agreement with immediate effect. If you do not terminate your Agreement before the effective date of the modified Terms of Service and continue to access or use the Winalist Platform, you will be deemed to have accepted the modified Terms of Service.

Article VI. Creating an account

You must create an account (hereinafter, the “Winalist Account”) to be able to access and use certain features of the Winalist Platform, such as publishing an Activity. If you create a Winalist Account for a company or other legal entity, you certify that you have the authority to legally bind this legal entity and grant us all authorizations and licenses provided for in these Terms of Service.

You must enter accurate, current and complete information during the registration process and keep your Winalist Account information up to date as well as that on your public Winalist Account profile page.

You are prohibited from creating multiple Winalist Accounts unless Winalist authorizes you to do so. You may not assign or otherwise transfer your Winalist Account to any other party.

It is your responsibility to maintain the confidentiality and security of your Winalist Account credentials, and you are prohibited from disclosing your credentials to any third party. If you believe or have reason to believe that your credentials have been lost, stolen, misappropriated or compromised in any way, or in the event of actual or suspected unauthorized use of your Winalist Account, you must notify us immediately. Winalist. You are responsible for all activities conducted under your Winalist Account, unless you have not authorized such activities and are not otherwise negligent (for example, by failing to report unauthorized use or the loss of your identifiers).

Article VII. Content

Winalist allows Hosts to create, upload, post, send, receive or store content, such as text, photos, audio or video content, or other materials and information on or through the Winalist Platform (the “Content Hosts"), and to access and view Host Content and any content made available by Winalist on or through the Winalist Platform, including Winalist's proprietary content and any content licensed or authorized by Winalist by a third party. for use (hereinafter, the “Winalist Content”, and together with the Host Content, the “Content”).

The Winalist Platform, Winalist Content and Host Content may be fully or partially protected by copyright, trademark law and/or other laws of France or other countries. You acknowledge and agree that the Winalist Platform and the Content, including all associated intellectual property rights, are the exclusive property of Winalist and/or its licensors or authorized third parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Winalist Platform, Winalist Content or Host Content. . All trademarks, service marks, logos, trade names and other distinctive signs of Winalist used on or in connection with the Winalist Platform and the Winalist Content are trademarks or registered trademarks of Winalist in France and elsewhere. 'other countries. The trademarks, service marks, logos, trade names and other proprietary designations of third parties used on or in connection with the Winalist Platform, Winalist Content and Host Content are used for identification purposes only and may be the property of their respective owners.

You may not use, reproduce, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly perform, transmit, broadcast or to otherwise exploit the Winalist Platform or the Collective Content, unless you are the legal owner of the Host Content concerned, or if these Terms of Service expressly authorize you to do so. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Winalist or its licensors, except for the licenses and rights expressly granted in these Terms.

Subject to your compliance with these Terms of Service, Winalist grants you a limited, non-exclusive, non-transferable, revocable, non-sublicensable license to use the Site on your personal device(s), and access and consult the Collective Content made available to you on or via the Winalist Platform solely for your personal and non-commercial use.

By uploading, posting or otherwise making available any Host Content on or through the Winalist Platform, you grant Winalist a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the duration of protection), transferable and sublicensable to such Host Content to access, use, store, reproduce, modify, create derivative works of, distribute, publish, transmit, broadcast and otherwise exploit such Host Content in order to provide and/or promote the Winalist Platform in any media. If Host Content (including Verified Images) includes personal information, such Host Content will only be used for such purposes if the purposes comply with applicable data protection law, in accordance with our Privacy Policy. Except with your express consent, Winalist will not claim any ownership rights in any Host Content, and nothing in these Terms of Service will be deemed to limit your rights to use or exploit your Host Content.

Winalist can offer Hosts the possibility of using professional photographers to take photos of their Activities offered by the Host, which are made available to Hosts so that they can insert them in their Advertisements with or without a watermark or marking with the words “Photo verified by Winalist.com” or other similar mention (the “Verified Images”). It is your responsibility to verify that your Activity is accurately represented in the Verified Images and you must stop using the Verified Images on or via the Winalist Platform if they no longer correctly represent your Advertisement, if you no longer provide the Service offered by the Verified Images. Host presented or if your Winalist Account is closed or suspended for any reason. You acknowledge and agree that Winalist has the right to use any Verified Images for advertising, marketing or commercial purposes, including limited use by authorized third parties, in any media. If Winalist is not the exclusive owner of Verified Images, by using such Verified Images on or through the Winalist Platform, you grant Winalist an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of protection), transferable and sublicensable to use these Verified Images for advertising, marketing or commercial purposes in any media. Winalist grants you a limited, non-exclusive, non-transferable, revocable, non-sublicensable license to use Verified Images outside of the Winalist Platform solely for your personal, non-commercial use.

You are solely responsible for all Host Content that you make available on or through the Winalist Platform. Therefore, you represent and warrant that: you are either the sole and exclusive owner of all Host Content that you make available on or through the Winalist Platform, or that you have all rights, licenses, consents and permissions necessary to grant Winalist the rights to such Host Content as provided in these Terms of Service; and neither the Host Content nor your posting, uploading, posting, submission or transfer of the Host Content, nor Winalist's use of the Host Content (or any portion thereof) as contemplated by the these Terms of Service will not infringe, misappropriate or violate any patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy of third party, nor will it result in the violation of any applicable law or regulation.

You will not post, upload, publish, submit or transmit any Host Content that: is fraudulent, false, misleading (directly or by omission or failure to update information) or misleading; is defamatory, libelous, obscene, pornographic, vulgar or offensive; incites discrimination, bigotry, racism, intolerance, hatred, harassment or harm against an individual or group; is violent or threatening or promotes violence or threatening acts against any other person or animal; encourages activities or use of illegal or dangerous substances; or violates the Winalist Content or any other Winalist policy. Winalist may remove or disable access to any Host Content that is contrary to applicable law, these Terms of Service or Winalist's current policies or standards, or potentially harmful or unacceptable to Winalist, its Users, its Hosts, third parties or property. When Winalist removes or disables Host Content, Winalist will inform the Visitor and give reasons for this decision unless such notification prevents or hinders the discovery of fraud or other illegal activity, harms the legitimate interest other Hosts or third parties, or violates applicable law. You can appeal this decision by contacting Customer Service.

Winalist respects copyright laws and expects its Hosts to do the same. If you believe that any content on the Winalist Platform violates your copyright, please notify us.

Article VIII. Framing

Winalist offers Hosts the possibility of adding a reservation module linked to Winalist directly on its website.

This booking module is an extract from the Winalist source code (hereinafter, the “Booking Module”) and allows visitors to the Host's website to book a Host Activity outside of the Winalist Platform.

The code made available to the Host remains the exclusive property of Winalist.

Winalist disclaims all responsibility for the impact that the integration of the Reservation Module on the Host's website may have, particularly on the following points:

 Impairment of the performance of the Host’s site,

 Damage to the ergonomics of the Host’s site,

 Accounting problem for users of the Host's site,

 Impairment of the proper functioning of the server hosting the Host's site,

 Any other technical problem of which the Reservation Module could be the source.

It is up to the Host not to integrate the Reservation Module on its website if said Reservation Module does not prove to be compatible or in any way affects the good behavior of its site.

Different Service Fees may apply to reservations for Activities made from a Booking Module compared to reservations made directly on the Platform. The Host is clearly informed of this from the management interface of their Winalist Account.

Article IX. Publication of an Announcement

When a Host creates a Listing on the Winalist Platform, they must provide complete and accurate information about the proposed Activity (such as its description, location and availability dates), specify any deficiencies, restrictions and applicable conditions ( such as the minimum age, skills or physical condition required for an Activity) and provide other useful information requested by Winalist. It is the Host's responsibility to keep the information in their Listings up to date (including availability dates).

Any Advertisement created by a Host is subject to validation by Winalist before being put online on the Platform. Winalist reserves the right to refuse or request modifications to any Listing before it is visible to Users.

Winalist reserves the right to suspend or make offline any Advertisement at any time, without justification and without notice. This suspension may be carried out at the discretion of Winalist and does not entitle the Host to any compensation or compensation of any kind.

The Host is solely responsible for setting the price (including applicable taxes, as well as any other expenses or fees) for their Listing (hereinafter, the “Displayed Price”). Once a User has booked, the Host cannot ask them for a price higher than that appearing in the reservation request except in the case of purchase of additional services by the Visitor once on site.

Hosts can choose between two pricing models for their Activities:

 “Per person” pricing model: The price of the Activity is set per individual person. Each participant pays a specific rate per adult and, where applicable, per child.

 “Per group” pricing model: The price of the Activity is set for a group of people, with price variations depending on the number of people (for example, €40 for 2 to 5 people, €60 for 6 to 10 people).

The Service Fees are entirely borne by the Host. Thus, the price of the Activity proposed in the Advertisement cannot be different from the price usually given by the Host directly or on its website for this same Activity.

Any Advertisement published by a Host mentions the applicable cancellation policy which includes the conditions for refunding a reservation canceled at the initiative of a Visitor. This is chosen by the Host when creating the Advertisement. By publishing the Advertisement, the Host agrees to respect the cancellation policy attached to said published Advertisement.

None of the conditions set out in a Host Listing, including those relating to cancellations, shall conflict with these Terms or the cancellation conditions you have selected for your Listing.

Photos, animations or videos (collectively, “Images”) used in a Host’s Listing must accurately reflect the quality and condition of the Activity offered by the Host. Winalist reserves the right to impose a minimum number of Images, in a specific format, size and resolution, for each Advertisement.

The insertion and ranking of Listings in search results on the Winalist Platform may vary and depend on different factors, such as search parameters and User preferences, Host requirements, prices and dates availability, the number and quality of Images, customer service and cancellation history, Comments and Ratings, the type of Activities offered by the Host and/or ease of booking.

Article X. Reservation by a User

When a Host accepts a booking request from a Visitor, the Host enters into a legally binding agreement with that Visitor and is then obligated to provide the Activity offered by the Host to the Visitor in the manner described in the Listing on the date of the reservation request. You also agree to pay the applicable Service Fees and any applicable Taxes.

When a reservation is validated, the User receives an email confirming their reservation. Upon arrival at the Host, the Host must verify the validity of the reservation by asking the User to present this confirmation email and by scanning, using a smartphone, the QR code present in this email . This QR code ensures that the reservation has not been canceled after being confirmed.

The Host is responsible for the proper and complete execution of the services described in the Advertisement which is the subject of the Reservation. In the event of default on its part, the Host must fully cover the customer's reimbursement, without this canceling the Service Fees owed to Winalist.

Article XI. Host Insurance

By accepting these Conditions of Service, the Host undertakes to be covered by a professional liability insurance contract.

By accepting these Conditions of Service, the Host undertakes to take out an insurance contract adapted to each of the Activities that it will offer on the Platform. Please read your insurance contract carefully, and in particular, make sure you understand any exclusions from warranty as well as the applicable deductibles, and check, among other things, whether your insurance contract covers the actions or omissions of Visitors (and persons for whom the Visitor has booked, if applicable) during their participation in your Activity or Event offered by the Host.

Article XII. Service charge

Winalist charges fees to Hosts (the “Service Fees”) for use of the Winalist Platform. The Service Fees are entirely borne by the Host. The Options offered by Hosts to Visitors, in addition to their Activities, are also subject to Service Fees.

No derogation from these Conditions of Service concerning the calculation of Service Fees may be valid without a written document formally drawn up by the President of Winalist or the General Director of Winalist.

The applicable Service Fees (including any applicable Taxes) are communicated to the Host before they publish an Activity. Winalist reserves the right to change the Service Fees at any time and will notify Hosts within a reasonable time period before the new rates take effect. These Service Fee changes will not have an effect on reservations made before the effective date of the fee change.

You are responsible for paying the Service Fees owed to Winalist. The applicable Service Fees (including any applicable Taxes) are collected by Winalist. Winalist will deduct any Service Fee from the displayed Price before remitting payment to the Host.

Each time an Activity is booked by a User, payments for the Activities are transferred to an account dedicated to the Host and opened in their name with Stripe, Winalist's Payment partner. Except in exceptional cases, every eighth day of the month, Winalist will issue an invoice (hereinafter, “Commission Invoice”) on which will appear: all reservations for the previous month (we will retain here the date of participation in the Activity by the User and not the payment date of the reservation); all the Options subscribed to by Visitors in addition to their Activity; the amount excluding tax of the Service Fee; and the total amount of payments collected by Winalist, linked to the reservations of the previous month (we will retain here the date of participation in the Activity by the User and not the date of payment of the reservation) deducted from the Service Fees All Taxes Included (hereinafter, the “Net Partner”). The Commission Invoice is sent to the Host on the day it is issued.

If the Net Partner appearing on a Commission Invoice is positive, Winalist will pay it back by bank transfer within ten (10) days following the publication of the Commission Invoice.

If the Net Partner appearing on a Commission Invoice is negative, the Host undertakes to repay the amount of its debt to Winalist within thirty (30) days. In the event of delay, Winalist may charge late payment interest calculated on the basis of the statement indicated on the unpaid Commission Invoice.

Unless otherwise stated on the Winalist Platform, Service Fees are non-refundable.

Article XIII. Payment conditions

Generally, Winalist will collect the Total Fees from a Visitor at the time the Visitor's booking request is accepted by the Host (hereinafter, "Total Fees"), or at any other time mutually agreed upon by the Host. Visitor and Winalist.

Winalist will generally make Payments to the Payment Method that the Host has chosen: for Activities and Events, monthly, taking into account all Activities or Events carried out in the month preceding the payment date.

The time it takes to receive Payouts once delivered by Winalist may depend on the Payout Method selected and the processing time of the provider of that Payout Method. Winalist may delay or cancel any Payout in order to prevent illegal activity or fraud, for risk assessment, security or investigative purposes.

The Payment for a reservation will correspond to the Total Fees linked to this reservation less the Service Fees and applicable Taxes.

In the event of cancellation by the Visitor of a confirmed reservation in accordance with the applicable Cancellation Policy of the Activity or Event, Winalist will provide a full refund of the Total Fees to the Visitor and no Payment will be due to the Visitor. Host, in accordance with the applicable Cancellation Policy.

In the event of cancellation by the Visitor of a confirmed reservation not in accordance with the applicable Cancellation Policy of the Experience or Event (outside the planned withdrawal period), Winalist will pay the Total Fees less the Service Fees and Taxes applicable to the Host.

Hosts may be required to purchase additional services.

In order to receive the Additional Services, the Host must have a valid Payment Method linked to their Winalist Account. Winalist will generally make Direct Debits from the Payment Method that the Host has chosen depending on the subscription period chosen: for Activities and Events, monthly, taking into account all Activities or Events carried out during the month preceding the payment date.

A deferred payment, after transmission of an invoice to the Host by Winalist, may be made in the event that the Host does not have other valid means of payment or if, over a given period, the amount of the Total Fees owed to the Host are less than the amount of the Service Fee and the Tax Applicable to the Service Fee.

If Winalist does not make a Payment, refund or pay other amounts due to the Host within the period defined by its state, country or other public authority under the law applicable to unclaimed properties, Winalist may release the amounts owed in accordance with its legal obligations, as required by law.

Article XIV. Booking Changes, Cancellations and Refunds

Visitors may cancel a confirmed reservation at any time. Subject to the Listing cancellation policy defined by the Host, Winalist will refund the reservation amount to the Visitor in accordance with these refund conditions.

When a Visitor cancels a reservation without respecting the refund conditions stipulated in the Cancellation Policy of the canceled Listing, Winalist will collect the Service Fees related to this reservation.

If a Host cancels a confirmed reservation, the Visitor will be fully refunded the total amount paid for that reservation. In addition, Winalist may publish an automatic comment on the Listing canceled by the Host, indicating that a reservation has been canceled.

For Activities, Events and other Services offered by the Host, if inclement weather creates unsafe or uncomfortable conditions for Visitors, Hosts may modify or cancel a Service offered by the Host. In the event of a substantial change in the itinerary or if the Service offered by the Host must be canceled, Winalist, in consultation with the Host and/or Visitors, will endeavor to offer Visitors another date for the Service offered. by the Host, an appropriate refund or a new reservation.

In certain cases, Winalist may cancel a current or confirmed reservation on behalf of a Host or Visitor and make appropriate refunds and payments. When Winalist cancels a reservation, Winalist informs the Visitors concerned and gives the reasons for this action, unless this notification prevents or hinders the discovery or prevention of fraud or other illegal activities, harms the legitimate interests of other Visitors or third parties , or violates applicable law. You can appeal this cancellation by contacting Customer Service.

Winalist reserves any right to cancel a reservation made on the Site.

Article XV. Ratings and Comments

Within a certain period of time after finalizing a booking, Visitors may leave a public comment (the “Review”) and a star rating (the “Rating”) about their Hosts. Ratings and Reviews reflect the opinions of individual Visitors and not those of Winalist. Ratings and Comments are not verified by Winalist and may be unfounded or misleading.

Ratings and Comments left by Visitors and Hosts must be accurate and must not contain offensive or defamatory terms.

Visitors and Hosts are prohibited from manipulating the Ratings and Reviews system in any way, for example by asking a third party to write a positive or negative Review about another Host.

Ratings and Comments are part of a Host's public profile and may also be displayed elsewhere on the Winalist Platform (notably on the Listings page) along with other relevant information, such as number of bookings, number of cancellations, average response time and other information.

Article XVI. Disputes between Hosts and/or Visitors

The Host remains solely responsible for the accuracy of this data and in the event of a dispute with a Visitor or any other actor, Winalist cannot be held responsible.

Article XVII. Rounded

In general, Winalist supports the payment of amounts that are payable by Visitors or Hosts in the smallest unit supported by a given currency (e.g., US cents, Euro cents or other supported currencies). If a third-party payment provider of Winalist does not support payments in the smallest unit supported by a given currency, Winalist may, in its sole discretion, round up the displayed amounts payable by Visitors or Hosts to the nearest unit. The closest functional integer (higher or lower) to the denominated currency (i.e., the nearest dollar, euro, or other supported currency). For example, Winalist can round an amount of €11.50 to the nearest whole number of €12 and round an amount of €11.49 to the nearest whole number of €11.

Article XVIII. Taxes

As a Host, it is your responsibility to determine your obligations to report, collect, remit, or include in your Displayed Price any applicable VAT or other indirect sales, tourist or other taxes ( hereinafter, the “Taxes”).

Tax regulations may require us to collect relevant tax information about Hosts. If a Host does not provide us with the documents required under applicable law (e.g. tax identification number) to satisfy our obligation (if applicable) to withhold Taxes from payments we make to you, we reserve the right to withhold payments of up to taxable amounts as required by law until resolution.

The Host understands that any competent public agency, department and/or authority (the “Tax Administration”) to which your Accommodation depends may require the collection of Taxes from Visitors or Hosts on the Prices displayed, and the remitting of these Taxes to the appropriate tax authority. Laws vary by country, but these Taxes may be collected and remitted as a percentage of the Listed Price set by Hosts, a fixed amount per day, or other variations (the “Occupancy Taxes”).

Visitors and Hosts agree that we may seek to recover additional amounts from Visitors if the Taxes collected and/or remitted prove insufficient to fully honor your obligations to the Tax Administration, and agree that their sole remedy with respect to Occupancy Taxes Collected consists of reimbursing the Occupancy Taxes collected by Winalist to the relevant Tax Administration, in accordance with the applicable procedures set by that Tax Administration.

Article XIX. Prohibited activities

It is the Host's responsibility to comply with all laws, rules, regulations and tax obligations applicable to the use of the Winalist Platform. In connection with the use of the Winalist Platform, the Host is prohibited from helping other people to, or from allowing other people to:

 violate or circumvent any applicable laws or regulations, third party agreements, third party rights, or our Terms;

 use the Winalist Platform or the Content for commercial or other purposes that are not expressly authorized by these Terms, or in a manner that falsely implies endorsement by Winalist, the existence partnering with Winalist, or otherwise misleading about your relationship with Winalist;

 reproduce, store, access or use in any way any information, including personal information concerning any other Host or Visitor, available on the Winalist Platform, in contradiction with the Winalist Personal Data Protection Charter or these Terms, or infringing the privacy rights of Visitors, Hosts or third parties;

 use the Winalist Platform to distribute unwanted commercial messages (“spam”);

 offer, as a Host, an Activity which you do not own or which you are not authorized to offer on the Winalist Platform;

 contact another Host for any purpose other than to ask a question about your own booking, your Listing, or the Host's use of the Winalist Platform, including, without limitation, to recruit or solicit a Host to participate in events third-party services, applications or websites without our prior written permission;

 discriminate against or harass any person because of their ethnic or national origin, religion, gender, gender identity, physical or mental disability, state of health, marital status, age or of their sexual orientation, or engage in any violent, dangerous, abusive or disruptive behavior;

 dilute, tarnish or otherwise harm the Winalist brand in any way, including unauthorized use of the Content, registration and/or use of the word Winalist or derivative terms in domain names, trade names, trademarks or other source identifiers, or the registration and/or use of domain names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to the names of domain, brands, slogans, advertising campaigns or Collective Content of Winalist;

 use robots, spiders, crawlers, scrapers or other automatic means or processes to access the Winalist Platform, retrieve data or other content from the Winalist Platform or interact with the Winalist Platform for any other purpose;

 avoid, divert, remove, deactivate, damage, decode, or otherwise attempt to circumvent any technological measure implemented by Winalist or any supplier of Winalist or any other third party in order to protect the Winalist Platform;

 attempt to decipher, decompile, disassemble or reverse engineer any software used to provide the Winalist Platform;

 take any action that disrupts or harms, or could disrupt or harm, the performance or proper functioning of the Winalist Platform;

 use, re-export, import or transfer the Application without authorization under the laws of the United States, the export control laws of your country, and all other applicable laws;

 infringe the rights of third parties or harm anyone.

You acknowledge that Winalist has no general obligation to monitor Host Content or actively seek facts and circumstances indicating illegal activity, but that Winalist has the right to review, disable access to, or edit Content Hosts, to be able to operate, protect and improve the security of the Winalist Platform (including, without limitation, for the purposes of fraud prevention, risk assessment, for surveys and for user assistance); verify compliance with these Conditions by Hosts; comply with applicable law, court order, or requests of the police, courts or other public agencies or organs of state; react to Host Content that it deems harmful or unacceptable; or for other purposes provided for in these Terms. Hosts agree to cooperate and assist Winalist in good faith, to provide Winalist with requested information and to take reasonable steps requested by Winalist, in connection with any investigation conducted by Winalist or an agent of Winalist regarding use or misuse of the Winalist Platform.

Article XX. Duration of contract and termination

This Agreement will be valid until the Host or Winalist terminates the Agreement as described below.

Host may terminate this Agreement at any time by sending an email to Winalist. When a Host deletes their Winalist Account as a Host, all confirmed reservations will be automatically canceled and Visitors will receive a full refund. If the Host deletes their Winalist Account as a Visitor, all confirmed reservations will be automatically canceled and the possible refund will depend on the cancellation conditions of the Listing.

Without limiting its rights specified below, Winalist may terminate this Agreement for convenience at any time by giving you ten (10) days' notice by email to your registered email address.

Winalist may immediately and without notice terminate this Agreement and/or cease providing a Host with access to the Winalist Platform if the Host has committed a material breach of its obligations under these Terms of Service, if it has violated applicable laws and regulations or the rights of third parties, or if such action is necessary to protect the safety or property of Winalist, its Hosts, its Users or third parties (for example, in the event of fraudulent behavior of 'a host).

In addition, Winalist may take any of the following actions to comply with applicable law, court order, or requests from the police, courts or other public agencies or organs of law. State, or if a Host has violated these Terms of Service, applicable laws and regulations or the rights of third parties, if the Host provided inaccurate, fraudulent, outdated or incomplete information when creating their Winalist Account, creation of the Listing or subsequently, its Listings or Host Services do not meet the quality or eligibility criteria at any time, if the Host has repeatedly received Poor Ratings or negative Feedback, or Winalist is otherwise informed or receives complaints regarding its services or its behavior, if the Host has repeatedly canceled confirmed reservations or has not responded to reservation requests without legitimate reason, or if Winalist considers that this measure is necessary to protect the safety or property of Winalist, its Hosts, its Visitors or third parties, or to prevent fraud or other illegal activities:

 refuse to display, remove or delay the publication of Listings, Ratings, Comments or other Host Content;

 cancel current or confirmed reservations;

 limit its use of a Host’s access to the Winalist Platform;

 temporarily or permanently revoke a special status associated with a Host's Winalist Account;

 temporarily suspend or, in the case of serious and repeated violations, permanently, the Host's Winalist Account and stop providing them with access to the Winalist Platform.

In the event of minor violations and as necessary, the Host will be notified of any action contemplated by Winalist and will have the opportunity to resolve the problem in a manner reasonably satisfactory to Winalist.

If Winalist takes any of the actions described above, Winalist may provide a full refund to Visitors for all confirmed reservations, regardless of pre-existing cancellation policies, and Host will have no right to any compensation for the reservations. in progress or confirmed which have been cancelled.

In the event of termination of this Agreement, the Host is not entitled to a restoration of its Winalist Account or any of its Host Content. If a Host's access to or use of the Winalist Platform has been limited, if their Winalist Account has been suspended, or Winalist has terminated this Agreement, the Host will not be able to create a new Account. Winalist or access or use the Winalist Platform through another Host's Winalist Account.

Article XXI. Responsibility

Winalist may be held liable under the applicable legal provisions in the event of intentional and serious misconduct committed by Winalist, its legal representatives, administrators or agents. Winalist is also liable under the applicable legal provisions in the event of automatic liability or in the event of injury to life, physical integrity and/or health. Winalist is held liable in the event of breaches of essential contractual obligations committed by them, its legal representatives, administrators or agents; this liability is limited to typical foreseeable damages that may occur. The essential contractual obligations are obligations of Winalist from which the Host expects the proper execution and on the fulfillment of which the Host must be able to count for the proper execution of the contract.

Hosts are solely responsible for the Activities, Events or other Hospitality Services that they submit, offer and provide. Winalist is only an intermediary between the Host and the Visitor. Under no circumstances will Winalist be held responsible for any incident, dispute or complaint resulting from events that took place during the performance of the Host Activity by a Visitor.

It is the Host's responsibility to understand and comply with all laws, rules and regulations that may apply to its Activity, Event or other Host Service to obtain any licenses, permits or approvals required before offering an Activity, Event or other Hospitality Service and to ensure that the Advertisement and/or its proposal for an Activity, Event or other Hospitality Service does not infringe any agreement that the Host may have concluded with third parties.

Any incident occurring during the performance of the Host's Activity by the Visitor is the exclusive responsibility of the Host, who also undertakes to be covered by a suitable insurance contract.

The Host remains responsible for acquiring all Equipment, including supplies, vehicles, premises and other items (“Equipment”) required to offer an Activity, Event or other Hospitality Service. The Host agrees to assume full responsibility for ensuring that the Equipment used in your Activity, Event or other Hospitality Service is in good condition and complies with all laws relating to safety, Equipment and capabilities. operational. Subject to contrary legal requirements, the Host assumes all risk of deterioration or loss of its Equipment.

Article XXII. 17. Compensation

To the extent permitted by applicable law, Host agrees to release, defend (if Winalist so chooses), indemnify and hold harmless Winalist, its affiliates and subsidiaries, including, without limitation, Winalist, and their officers, directors, employees and agents, from any and all claims, liabilities, damages, losses and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with its failure to comply of these Terms of Service or its inappropriate use of the Winalist Platform, its interaction with any Visitor, including, without limitation, any harm, loss or damage (compensatory, direct, incidental, intangible or otherwise) of any kind relating to or resulting of this interaction, this stay, its violation of any law, any regulation or third party rights. In accordance with this section, this indemnification obligation only applies if and to the extent that the claims, liabilities, damages, losses and expenses have been sufficiently caused by the culpable breach of a contractual obligation.

Article XXIII. 18. Notes

We invite and encourage you to provide us with your comments, comments and suggestions so that we can improve the Winalist Platform (“Feedback”). You may submit Comments by sending us an email, through the “Contact” page of the Winalist Platform, or by any other means of communication. No Comments you transmit to us will be considered confidential or proprietary. By providing us with your Submissions, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sublicensable license to use and publish such ideas and materials for any purpose. without any compensation to you

Article XXIV. Dispute resolution

If the Host's country of residence is in the European Economic Area ("EEA"), they can access the European Commission's online dispute resolution platform here: http://ec.europa.eu/ consumers/odr.