Terms and Conditions of Use

Updated May 2024

En cas de contradiction entre la version française et la version anglaise des présentes CGU, la version française fera foi.

-

In the event of any discrepancy between the French and English versions of these Terms and Conditions, the French version shall prevail.

These General Terms and Conditions (the "Terms and Conditions") govern the use of the HtoH service (the "Service"), provided by the website www.htoh.io and the mobile application ("Mobile Application"), for creating travel reservations and/or itineraries, using travel alerts and tracking, and any additional services, whether free or provided under a paid subscription, as offered or made available to individuals by Home to Home Corporate Services through its HtoH application (hereinafter "HtoH" or "we").

HtoH differentiates users into two categories based on their use of our Service:

(i) Free Users use the free version of our Service without subscribing to a paid subscription or features; (ii) Subscribers use our Service as part of a paid subscription. The features and functionalities available to Subscribers are determined by the subscription category chosen and the specific terms agreed between HtoH and you.

For the purposes of these Terms and Conditions, both categories of users are referred to collectively as "User," "You," or "Your."

Please read the terms and conditions contained in these Terms and Conditions carefully. Your use of and/or registration for the Service constitutes your acceptance of these Terms and Conditions.

If you cannot or do not wish to accept these Terms and Conditions, please do not access or use the Service.

ANY USE OF OUR SERVICES IN ANY CAPACITY IMPLIES THE UNRESERVED ACCEPTANCE BY THE USER OF THESE TERMS AND CONDITIONS.

HtoH reserves the right to update and modify these Terms and Conditions at any time, particularly to comply with legislative or regulatory changes, or to include new features.

However, it is specified that the applicable Terms and Conditions are those in effect at the time of the User's navigation on the Mobile Application. The current Terms and Conditions will prevail over any prior versions or conflicting documents.

Users are invited to consult these Terms and Conditions before any use of our Service.

If you continue to use the Service after the publication or effective date of new Terms and Conditions, this signifies your acceptance of such modification. If you do not accept the modifications, you must stop using the Service.

Failure to comply with these Terms and Conditions may result in the suspension or termination of your access to the Service, without notice or compensation, in addition to other remedies pursued by HtoH.

  1. Registration and Account Creation

  1. Registration Information

    HtoH may sometimes require you to register and/or create an account to use part or all of the Service. To register, you must be an individual of legal age and capacity with consumer status.


    For the creation of your user account, you may receive or need to choose a password, a user identifier, and/or other registration information, such as credit card information for optional paid services offered under a subscription (collectively referred to as "Registration Information").


    You agree and declare that all Registration Information you provide is accurate and up-to-date. If any of your Registration Information changes, you must immediately update it by modifying your customer profile


    You undertake to provide HtoH with accurate, truthful, and up-to-date data that does not infringe on the rights of third parties in any way.

  2. Management of Registration Information

    If you register and/or create an account on the Service, you are solely responsible for maintaining the confidentiality of your Registration Information and any breach thereof. You are solely responsible for all uses of the Service made by you. You are not authorized to sublicense, transfer, sell, or assign your Registration Information to a third party without the written approval of HtoH. Any attempt to do so will be null and void and will be considered a substantial breach of these Terms and Conditions.

    Any login to your user account from your credentials will be presumed to have been made by you and under your responsibility.


  3. Security - Fraud Prevention

    If you have reason to believe that your account is no longer secure (e.g., in case of loss, theft, or unauthorized disclosure or use of your Registration Information, or your computer or mobile device used to access the Service), you must promptly change the relevant Registration Information and inform HtoH as soon as possible.


    If you choose to receive messages or other communications from the Service directly on your mobile device, you are solely responsible for keeping your phone number up-to-date on the Service. HtoH cannot be held responsible for information sent to a device associated with your old phone number. If you install software or activate a service that records information from the Service on a mobile device or computer, it is your responsibility, before transferring such a device, to delete your information or deactivate access to said software or service to prevent unauthorized access to your information or account.

  1. Use of the Service

  1. Personal and Compliant Use of the Service

    Access to and use of our Service is strictly reserved for non-professional users acting in a private capacity, which you acknowledge when using our Service. You also agree not to perform or attempt to perform any of the following actions with respect to the Service, unless expressly authorized in writing or otherwise permitted by HtoH:

    1. Access the Service through an interface not provided or authorized by HtoH, including automated methods (e.g., scripts or bots).

    2. Reproduce, duplicate, copy, sell, exchange, resell, or exploit the Service.

    3. Republish or aggregate information available on the Service (including information made accessible to non-paying users through a part of the Service provided under a paid subscription).

    More generally, when using our Service, you agree not to infringe public order and to comply with applicable laws and regulations, respect the rights of third parties, and adhere to these Terms and Conditions.


  2. Use by Minors

    The Service is not intended for users under the age of 18, and HtoH does not knowingly collect any personal data from individuals under the age of 18. It is expressly forbidden for users to send us information that could identify a person under the age of 18; such information sent by users will not be knowingly used, published, or retained by us.


  3. User Conduct

    When using our Service, you warrant:

    • Having correctly completed your Registration Information,

    • Being of legal age and capacity,

    • Not probing, analyzing, or testing the vulnerability of a system or network, or breaching or circumventing any security or authentication measures,

    • Not attempting to disrupt or overwhelm our infrastructure by imposing unreasonable demands on our resources (e.g., using computer "bots" or other automated systems to send requests to our servers at a rate exceeding that which could be sent by a human user during the same period),

    • Not impeding or disrupting the access of any user, host, or network, including but not limited to sending a virus, using "overloading" or "flooding" techniques, sending unsolicited emails, using message bombardment techniques on the Service and the Mobile Application, or creating scripts to generate user content in a way that interferes with the Service and the Mobile Application or creates an excessive load for them,

    • Using the Service in accordance with the purpose described in these Terms and Conditions,

    • Not attempting to commit any act of infringement against third parties in any way,

    • Not misusing the purpose of our Service to commit crimes, offenses, or misdemeanors punishable by the Penal Code or any other law,

      • Not attempting to divert internet users to another site or competing service,

      • Not attempting to compromise the automated data processing systems implemented for the online provision of the Service, in accordance with Articles 323-1 and following of the Penal Code,

      • Not publishing any information, message, or other content that violates these Terms and Conditions, applicable laws and regulations, or public morals, including but not limited to infringing content, defamatory or injurious texts, or content that constitutes discrimination, incitement to hatred or violence, invasion of privacy, or endangerment of minors,

      • Not impersonating a third party or another user,

      • Not committing, through our Mobile Application, acts that could be analyzed as unfair competition, parasitism, or any other offense against fair competition.

    Any breach by a user of any of the above obligations or any provision of these Terms and Conditions will justify the suspension or, if necessary, the termination of their access to our Service without prior notice and without any compensation.


    In any event, you indemnify us against any claim brought against us or any conviction imposed on us due to a breach of your obligations.


  4. Privacy Policy

    We may collect information related to registration, payment, or other information about you through the Service. The collection and use of this information are described in our Privacy Policy available here.


    This data will be processed in accordance with the purposes specified at the time of collection. It may, if necessary, be communicated to partners offering the service through the Mobile Application.


    HtoH will specifically ask Users if they wish to have their personal data disclosed. Users may change their minds at any time by contacting HtoH.

    Users whose personal data is processed have the right to access, rectify, and object to the processing of their personal data, in accordance with Articles 38 and following of Law No. 78-17 known as the "Data Protection Act" of January 6, 1978, as amended, and the European Regulation on personal data (REGULATION (EU) 2016/679 – hereinafter "GDPR").


    These rights can be exercised in accordance with the law by a simple request via email to contact@htoh.io or by mail to the headquarters of HtoH, providing proof of identity and a legitimate reason as required by law.

    To learn about the nature of cookies and other trackers implemented on the Mobile Application, Users are invited to consult HtoH's Cookie Policy, accessible at the following address: https://htoh.io/cookies. Users can disable cookies by following the instructions provided by their browser.


    You accept our data practices, including the collection, use, transmission, and disclosure of your information as described in our Privacy Policy.

  1. Intellectual Property

  1. Use of Resources

    The User acknowledges HtoH's intellectual property rights over the Service, the Mobile Application, its components, and related content, and waives any challenge to these rights in any form.


    Trademarks, logos, slogans, graphics, photographs, animations, videos, software solutions, and texts contained on the Mobile Application belong to HtoH and may not be reproduced, used, or represented without prior express authorization, under penalty of legal action.


    Any reproduction or representation, in whole or in part, of the Mobile Application, the data contained therein, and the accessible content, by any means whatsoever, without the prior express authorization of HtoH, is prohibited and may result in legal action.

    In particular, HtoH expressly prohibits:

    • The extraction, by permanent or temporary transfer of all or a substantial part, qualitatively or quantitatively, of the content of a database to another medium, by any means and in any form whatsoever,

    • The repeated and systematic extraction or reuse of non-substantial parts, qualitatively or quantitatively, of the content of the Mobile Application's database,

    • The reuse, by making available to the public all or a substantial part, qualitatively or quantitatively, of the content of the database, in any form whatsoever.

    Acceptance of these Terms and Conditions constitutes recognition by Users of HtoH's intellectual property rights and a commitment to respect them.

    HtoH grants Users a personal, non-exclusive, and non-transferable license to use the Mobile Application in accordance with these Terms and Conditions.


    Any other use of the Mobile Application and its content is excluded from the scope of this license and may not be carried out without the prior express authorization of HtoH.

    Finally, the User undertakes to respect the rights of third parties on the Mobile Application.


  2. Interference

    You agree not to disrupt, overload, attack, modify, or interfere with the Service or associated software, hardware, and/or servers in any way, and you agree not to impede or interfere with the use of the Service by others. You further agree not to alter or falsify information or resources present on the Service or associated with it. Apart from connections to HtoH's servers through http requests using a web browser or the Mobile Application, you must not attempt to access HtoH's servers in any way, including using administrator passwords or impersonating an administrator when using the Service.


  3. Links to Other Sites

    You acknowledge that HtoH has not verified and does not endorse the content of all sites linked to by the Service and is not responsible for the content or actions of any other site linked to by the Service or redirecting to the Service. Linking to another service or site is at your own risk. By linking the present Service to another service or site, you expressly accept the disclosure of User Content authorized by or required to support such a link. You acknowledge that the Service may include advertisements and that HtoH is not responsible for the content of such advertisements.


  4. Export Compliance

    HtoH and the Services are subject to the export laws of several countries/regions, including those of the European Union and its Member States, as well as those of the United States of America. You acknowledge that, in accordance with applicable export regulations, trade sanctions, and embargoes issued by these countries/regions, HtoH is required to take measures to prevent entities, organizations, and parties listed on government boycott lists from accessing certain products, technologies, and services through the HtoH website or Mobile Application. These measures may include (a) automated checks of Registration Information as defined herein and other information provided by users regarding their identity against current boycott lists; (b) regular repetition of these checks upon each update of a boycott list or when a user updates their information; (c) blocking access to the Service and HtoH's systems in case of a potential match; and (d) contacting a user to confirm their identity in case of a potential match.

  1. User Content

  1. User Responsibility

    You are solely responsible for photos, profiles (including your name, image, and likeness), reviews, messages, notes, texts, and other content that you upload, post, or display (hereinafter "post") on or through the Service, or transmit to or share with other users (collectively referred to as "User Content"). You may not post, transmit, or share User Content on the Service that you have not created or do not have permission to post. You understand and agree that HtoH may, but is not obligated to, monitor the Service and may remove or delete (without notice) any site content or User Content at its sole discretion, for any reason or no reason, including User Content that, in HtoH's sole judgment, violates these Terms and Conditions, or may be offensive, illegal, or may violate the rights, harm, or threaten the safety of users or others. You are solely responsible, at your own expense, for creating backup copies and replacing any User Content that you post or save on the Service or provide to HtoH.


  2. License for Content

    When you post User Content on the Service, you authorize and direct us to use and disclose the User Content as necessary to provide the Service and to make copies that we deem necessary to facilitate the transmission, posting, and storage of User Content on the Service.


    By posting User Content on any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant to HtoH and all other users, an irrevocable, perpetual, non-exclusive, transferable, worldwide, and royalty-free license (with the right to sublicense freely) to use, copy, modify, publicly perform or display, reformat, translate, aggregate, republish, extract (in whole or in part), and distribute such User Content for any purpose, commercial, promotional, or otherwise, on the Service, in connection with it, or for its promotion, and to prepare derivative works from the User Content or incorporate it into other works.


    You may delete your User Content from the Service at any time, but you acknowledge that HtoH may not be able to and has no obligation to limit its use by another person, including other users, and the right you have granted remains in effect.


  3. Ownership

    We do not claim ownership of your User Content; between you and us, subject to the rights granted to us in these Terms and Conditions, you retain full ownership of all your User Content and any intellectual property rights or other proprietary rights associated with your User Content. You represent, warrant, and agree that no resources submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will infringe or violate any third-party rights, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, nor contain any defamatory, libelous, or illegal content.


  4. Feedback

    In the course of using our Service, you may submit to HtoH comments, suggestions, testimonials, ideas, ratings, reviews, problem reports, or any similar or related information or feedback ("Feedback"), and share this Feedback with other users or the public. By submitting Feedback through our Service, you grant HtoH a license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display this Feedback for any purpose (including in HtoH testimonials or other marketing materials and when required by law or good faith to comply with legal process). We reserve the right to remove any Feedback posted in public forums for any reason.


    HtoH has no obligation to you and owes you no compensation for any Feedback.


    If you do not accept the above conditions regarding Feedback, or wish to retain ownership of any intellectual property contained in specific Feedback, your only option is not to submit such Feedback to HtoH.

  1. Subscriptions

  1. HtoH Subscription

    The term "HtoH Subscription" as used in this Article 5 refers to any service made available as part of the Service under a paid subscription. If you subscribe to a HtoH Subscription, you agree to pay all applicable fees (e.g., monthly or annual subscription fees) related to your account at the rates in effect at the time the fees are due. HTOH WILL AUTOMATICALLY CHARGE YOUR CREDIT CARD OR BANK ACCOUNT AT THE BEGINNING OF THE BILLING PERIOD, AND BILLING WILL AUTOMATICALLY REPEAT AT THE INTERVAL YOU HAVE DEFINED UPON REGISTRATION, UNTIL YOU CHANGE OR CANCEL YOUR ACCOUNT. Any change in the chosen payment method will take effect at the next billing period. If you cancel your account, the cancellation will take effect immediately, and you will not receive a refund for any amounts you have already paid. You agree to pay any applicable taxes and to reimburse us for any collection costs and interest on unpaid amounts.


  2. Free Trial Offer for HtoH Subscription

    If you receive a free trial offer for a HtoH Subscription for a defined number of days, you will not be charged during the free trial period. YOU WILL BE AUTOMATICALLY CHARGED IMMEDIATELY AFTER THE END OF THE FREE TRIAL PERIOD FOR THE FOLLOWING PERIOD, IN ADVANCE, IN ACCORDANCE WITH THE TERMS OF THE HTOH SUBSCRIPTIONS SET FORTH ABOVE IN ARTICLE 5(I). YOU WILL CONTINUE TO BE AUTOMATICALLY CHARGED AT THE REGULAR INTERVAL FOR THE APPLICABLE AMOUNT FOR THE SERVICE YOU HAVE CHOSEN (E.G., ANNUALLY OR MONTHLY), UNTIL YOU DECIDE TO CANCEL. You are limited to one free trial per HtoH Subscription.


  3. Cancellation; No Refund

    You may cancel your HtoH Subscription at any time during the applicable subscription period, and the cancellation of the HtoH Subscription will take effect immediately, but all fees and charges incurred before the cancellation are non-refundable. To cancel a free trial offer, you must cancel the Service before the end of the free trial period. Please note the expiration date of your free trial, as you may not receive additional notice before being automatically charged if you do not cancel before the end of the free trial period.

    If you cancel a HtoH Subscription after already registering under a free trial offer for a HtoH Subscription and attempt to register for another free trial of the same HtoH Subscription, HtoH will automatically charge your credit card in accordance with the terms of the "HtoH Subscription" set forth above in Article 5(i). IF YOU DO NOT WISH TO PAY THE APPLICABLE FEES FOR A HTOH SUBSCRIPTION, YOU MUST CANCEL YOUR ACCOUNT BEFORE THE END OF THE FREE TRIAL PERIOD AND NOT MAKE ANY ADDITIONAL REGISTRATIONS FOR SAID HTOH SUBSCRIPTION. Cancellations can be made from the Options menu in the online version of the Service by following the instructions. If you do not have access to the browser version of the Service, you can also cancel a HtoH Subscription by contacting HtoH support at the following address: contact@htoh.io


  4. Third-Party Fees and Mobile Alerts

    You are solely responsible for all fees or charges due for accessing the Service through an internet service provider or any third party, including fees incurred for receiving SMS or other mobile access, which may be charged to you or deducted from your prepaid balance by your mobile provider. You agree that HtoH is not responsible for any third-party fees.

  1. Indemnification

You agree to indemnify HtoH, its Affiliates, as well as its employees, officers, and directors (collectively, the "Indemnified Parties of HtoH") against any claims, actions, and demands of third parties arising from allegations that the User's data, the User's unauthorized use of the Service, or the processing of data by HtoH in accordance with the User's instructions infringe the intellectual property rights or privacy rights of third parties (for each claim, action, or demand, the "Claim against HtoH"). You agree to indemnify and hold harmless the Indemnified Parties of HtoH for any damages, reasonable attorney's fees, and costs finally awarded to the Indemnified Parties of HtoH as a result of a Claim against HtoH, or for any amount paid by the Indemnified Parties of HtoH under a settlement of such a Claim approved by the user.

  1. Exclusion and Limitation of Liability

YOU ACKNOWLEDGE THAT YOU USE THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HTOH, ITS THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, OR REPRESENTATION, WHETHER WRITTEN, ORAL, OR ELECTRONIC. HTOH AND ITS THIRD-PARTY SERVICE PROVIDERS DO NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE SERVICE.

HTOH DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION INCLUDED IN AN ITINERARY OR OTHER INFORMATION CREATED OR PROVIDED THROUGH THE SERVICE OR OBTAINED FROM HOTELS, AIRLINES, OR OTHER THIRD-PARTY TRAVEL PROVIDERS. USERS ARE SOLELY RESPONSIBLE FOR THE ACCURACY OF ALL INFORMATION PROVIDED ON THE SERVICE, AND HTOH WILL NOT BE LIABLE FOR DAMAGES CAUSED BY THE INCLUSION OF ERRONEOUS, INCOMPLETE, OR OUTDATED INFORMATION IN ITINERARIES.

HOTELS, AIRLINES, AND OTHER TRAVEL PROVIDERS OFFERING TRAVEL SERVICES OR OTHER SERVICES TO YOU ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF HTOH OR ITS AFFILIATES. THE DISPLAY BY HTOH THROUGH THE SERVICE OF TRAVEL INFORMATION FROM, OR THE ABILITY TO CONNECT ACCOUNTS TO, SUCH THIRD PARTIES DOES NOT CONSTITUTE AN ENDORSEMENT OR APPROVAL BY HTOH OF SUCH PROVIDERS OR ANY AFFILIATED COMPANY OF THE PROVIDER. YOUR INTERACTIONS WITH SUCH PROVIDERS ARE AT YOUR OWN RISK. HTOH AND ITS AFFILIATES WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS, STATEMENTS, OR NEGLIGENCE OF ANY PROVIDER OR FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES ARISING THEREFROM. HTOH AND ITS AFFILIATES WILL NOT BE LIABLE FOR AND WILL NOT PROVIDE ANY REFUNDS IN THE EVENT OF DELAYS, CANCELLATIONS, OVERBOOKINGS, STRIKES, FORCE MAJEURE, OR OTHER CAUSES BEYOND OUR DIRECT CONTROL.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HTOH AND ITS SERVICE PROVIDERS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO THE SERVICES, INCLUDING ANY RELIANCE ON THE CONTENT OR INFORMATION PRESENT ON THE SERVICES. REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY EVENT, THE TOTAL LIABILITY OF EITHER PARTY OR ITS AFFILIATES ARISING FROM OR RELATING TO THESE TERMS AND CONDITIONS (WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER THEORY OF LIABILITY) WILL NOT EXCEED THE TOTAL AMOUNT PAID OR PAYABLE BY THE USER UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY.

  1. Modification and Availability of the Service; Termination or Suspension of Access to the Service

HtoH has the right to modify the Service at any time without notice, including adding and removing features or functionalities. Not all features or functionalities will be available in all markets, and the features and functionalities of the Mobile Application may differ from the version of the Service on the website. HtoH has the right to terminate and/or suspend your access to the Service or any part thereof, for any reason or without reason, without notice.

  1. Governing Law; Jurisdiction

  1. These Terms and Conditions and the transactions contemplated hereby are governed by and subject to French law.

  2. Any dispute arising between the Parties in connection with these Terms and Conditions, if not amicably resolved within 30 (thirty) days, shall be subject to the jurisdiction of the courts of the Paris Court of Appeal, even in the event of summary proceedings, related claims, multiple defendants, or third-party claims.

  3. In the event of a dispute, you must first send HtoH a written Notice of Dispute ("Notice") by registered mail. The Notice sent to HtoH must be addressed to:

Home to Home Corporate Services
Legal Department
29-31, rue de l’Abreuvoir
92100 Boulogne

The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought. HtoH will send you a Notice of Dispute to your registered postal or email address. You and HtoH will attempt to resolve the dispute through informal negotiations within thirty (30) days of the date of the Notice of Dispute. If no resolution is reached, either party may then initiate arbitration proceedings in accordance with the rules identified below or file a complaint with a court of competent jurisdiction.

  1. General Provisions

If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.


The failure to act on a breach committed by you or others does not constitute a waiver of our right to act on future or similar breaches. We do not guarantee that we will take action against all breaches of these Terms and Conditions.