The GUESTRAVELER connection service (hereinafter “the SERVICE”) is provided on the NOHÔ platform (hereinafter “NOHÔ” or “the PLATFORM”) by GUESTRAVELER, a simplified joint-stock company with a capital of €11,500, registered under number 821 903 374 in the Caen Trade and Companies Register, whose registered office is located at 73 rue Marie Curie – 14200. 500 euros, registered under number 821 903 374 in the Caen Trade and Companies Register, whose registered office is located at 73 rue Marie Curie – 14200 Hérouville-Saint-Clair and whose intra-community VAT number is: FR 10 821 903 374).

Updated on April 14, 2025

PRELIMINARY ARTICLE: DEFINITIONS

ARTICLE 1: SCOPE OF THE T&Cs

ARTICLE 2: GENERAL PRESENTATION OF THE SERVICE

ARTICLE 3: TERMS AND CONDITIONS OF ACCESS TO THE PLATFORM

ARTICLE 4: TERMS AND CONDITIONS OF ACCESS TO THE SERVICE

ARTICLE 5: TERMS AND CONDITIONS FOR BOOKING A PASSION SHARING

ARTICLE 6: FINANCIAL TERMS AND CONDITIONS OF A PASSION SHARING

ARTICLE 7: INFORMATION ON TAX OBLIGATIONS AND TAX RULES

ARTICLE 8: RESPECTIVE OBLIGATIONS OF USERS, MEMBERS AND GUESTRAVELER

ARTICLE 9 – EXCLUSION OF A USER, A MEMBER AND/OR WITHDRAWAL OF AN ADVERTISEMENT FOR NON-COMPLIANCE WITH THE T&Cs

ARTICLE 10 – INTELLECTUAL PROPERTY RIGHTS

ARTICLE 11 – PROTECTION OF PERSONAL DATA

ARTICLE 12 – GUARANTEE OF USERS AND MEMBERS

ARTICLE 13 – GUARANTEE OF GUESTRAVELER

ARTICLE 14 – LIABILITY OF USERS AND MEMBERS

ARTICLE 15 – LIABILITY OF GUESTRAVELER

ARTICLE 16 – FORCE MAJEURE

ARTICLE 17 – NOTIFICATIONS

ARTICLE 18 – REPORTS

ARTICLE 19 – INDEPENDENCE OF THE PARTIES

ARTICLE 20 – NON-WAIVER

ARTICLE 21 – DISPUTE RESOLUTION

PRELIMINARY ARTICLE: DEFINITIONS

When used in capital letters, the following terms, used in the singular or plural, shall have the following meanings:

ADVERTISEMENT: refers to a SHARING OF PASSION proposal posted by a Host and its characteristics (location, date, content, special features).

ACCESS CODES: refers to the usernames and passwords of a MEMBER that allow them to access their ACCOUNT and which they undertake to keep confidential.

COMMENTS: refers to the observations published by a MEMBER about their PASSION SHARING experience. COMMENTS are published under the responsibility of the person who makes them. However, GUESTRAVELER may subsequently delete any COMMENT that does not comply with the legislation and/or regulations in force as soon as it becomes aware of it.

ACCOUNT: refers to the SERVICE interface, hosted on the PLATFORM, where all the DATA provided by a MEMBER is stored.

REIMBURSEMENT: Amount of thirty (30) euros, deducted from the PARTICIPATION IN EXPENSES paid to STRIPE by a NOMAD for a PASSION SHARING, paid to the HOST by STRIPE.

DATA: refers to the personal data of a USER and/or a MEMBER within the meaning of Article 4 of the GDPR, namely “any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity.” For MEMBERS, this will include, in particular, their first name, last name, postal and email addresses, photograph, date of birth, telephone number, and any other information provided to the PLATFORM (including the HOST’s bank details).

CONNECTION FEE: An amount of five (5) euros, deducted from the PARTICIPATION FEE paid to STRIPE by a NOMAD for a PASSION SHARING, paid to GUESTRAVELER by STRIPE.

HOST: refers to a MEMBER who is a member of the SERVICE, who is not acting in the context of any commercial activity and who offers a SHARED INTEREST to one or more NOMADS.

MEMBER: refers to any USER over the age of 18 who registers on the PLATFORM in order to benefit from the SERVICE provided by GUESTRAVELER.

MEMBERS act between themselves only as individuals or non-professionals within the meaning of the introductory article of the French Consumer Code, which defines them as “any legal entity not acting for professional purposes.” The provisions relating to USERS also apply to MEMBERS, but the reverse is not true.

NOMAD: refers to a MEMBER who has joined the SERVICE, is not acting in the context of any commercial activity, and wishes to subscribe to a PASSION SHARING service provided by a HOST.

PASSION SHARING: refers to a service provided by a HOST for the purpose of sharing their passion, experience or one of their personal, professional or associative activities with the aim of introducing others to a place, a professional skill, an activity or a passion (non-exhaustive list).

PARTICIPATION IN EXPENSES: Price of the PASSION SHARING (including taxes and fees), which the NOMAD pays to STRIPE, i.e. thirty-five euros (€35) per PASSION SHARING and per NOMAD, of which thirty euros (€30) are paid to the HOST as EXPENSES and five euros (€5), corresponding to the CONNECTION FEES, are paid to GUESTRAVELER directly by STRIPE.

PLATFORM: refers to the platform accessible to all USERS via the eponymous smartphone application available on the Apple Store and Google Play (hereinafter the “APPLICATION”) as well as via the website accessible at www.noho.world (hereinafter the “WEBSITE”). It is also referred to as NOHÔ.

UNIVERS: refers to each category, each type of PASSION SHARING offered on the PLATFORM, such as: Sport, Art, Nature, Profession, Tourism.

SECTIONS: refers to the categories in which ADVERTISEMENTS can be posted on the PLATFORM, namely: arts, professions, nature, sports, tourism, it being specified that this list of SECTIONS may be modified at the discretion of GUESTRAVELER depending on the ADVERTISEMENTS offered.

SERVICE: refers to the networking service accessible to MEMBERS who have previously registered on the PLATFORM by creating their ACCOUNT in order to offer or benefit from SHARING PASSIONS.

REPORT: refers to any notification of illegal content (or behavior) identified on the PLATFORM or the SERVICE or during the SERVICES, by a USER or a MEMBER, made to GUESTRAVELER in accordance with the terms and conditions set out in Article 18.

STRIPE: refers to the secure online payment platform STRIPE, whose terms and conditions are available at Stripe Service Agreement and to which NOMADS pay their SHARE OF THE COSTS, which will be distributed by this platform between the HOST and GUESTRAVELER without any intervention by GUESTRAVELER.

USER: refers to any natural person who accesses and browses the PLATFORM.

ARTICLE 1: SCOPE OF THE T&Cs

These general terms and conditions of use (hereinafter the “T&Cs”) govern the relationship and are legally binding between GUESTRAVELER and the USERS and/or MEMBERS of the PLATFORM, as well as between NOMADS and HOSTS (and MEMBERS) for the entire duration of the PLATFORM and SERVICE. Use of the PLATFORM and/or the SERVICE is subject to full and complete acceptance of the T&Cs. USERS and/or MEMBERS who do not accept the provisions of the T&Cs (in whole or in part) are not authorized to use the PLATFORM and/or the SERVICE.

GUESTRAVELER may modify the T&Cs at any time and at its sole discretion, in particular to adapt them to its technical environment and to comply with changes in the regulations in force. In this case, GUESTRAVELER will inform USERS in advance by publishing the modified T&Cs on the PLATFORM and/or by other means of communication (such as an email sent to MEMBERS), stating the date on which the T&Cs were updated.

Continued use of the PLATFORM and the SERVICE after the publication of the amended T&Cs implies full acceptance by USERS of the new T&Cs.

USERS who do not accept the amended T&Cs will no longer be authorized to use the PLATFORM and, where applicable, the SERVICE.

ARTICLE 2: GENERAL PRESENTATION OF THE SERVICE

NOHÔ aims to connect, within the European Union, a HOST offering a SHARED PASSION with one or more NOMADS seeking to benefit from it.

Sharing, respect for others, and kindness are fundamental values of the SERVICE for GUESTRAVELER.

GUESTRAVELER therefore offers, on its PLATFORM, a SERVICE enabling its MEMBERS to offer or benefit from a SHARED PASSION upon prior reservation.

Thus, each registered HOST who so wishes may offer a SHARED PASSION which they list in one of the SECTIONS of the PLATFORM and which is visible to all USERS. USERS are reminded that the SHARED PASSIONS offered on the PLATFORM are for non-commercial and non-professional purposes.

For each SHARED PASSION offered, HOSTS must provide an AD containing the following information: location, date, shared passion offered, disabled access, and advice.

USERS who wish to benefit from a SHARED PASSION must first register as MEMBERS.

The CATEGORIES and geolocation of the SHARED PASSIONS offered allow NOMADS to choose the SHARED PASSION they wish to benefit from at a time that suits them and at the place where they are or where they wish to go.

The NOMAD can view all available PASSION SHARINGS on an interactive map. Once they have selected a PASSION SHARING and, where applicable, a time slot (when several time slots are offered by the HOST), their PASSION SHARING request is sent to the HOST, who can then confirm their acceptance, except in cases of force majeure or if it is impossible to provide the PASSION SHARING at the requested time, in which case the HOST will suggest an alternative time.

Upon confirmation of the HOST’s agreement by SMS and/or email, the NOMAD is invited to pay the amount of the PARTICIPATION IN EXPENSES online. The agreement between the HOST and the NOMAD constitutes a civil contract to which GUESTRAVELER is not a party.

Once the PARTICIPATION FEE has been paid to STRIPE, the NOMAD may communicate with the HOST via an internal messaging service available on the PLATFORM and refine the details of the selected PASSION SHARING (in particular the meeting place, the exact time, and the number of people (limited to 6 per PASSION SHARING).

The HOST receives the PAYMENT due to them from STRIPE by bank transfer within forty-eight (48) hours of the end of the PASSION SHARING as validated by them and the TRAVELER.

At the end of the PASSION SHARING, the NOMAD is invited to leave a review and comment about the HOST on the PLATFORM, via the APP or the WEBSITE, it being specified that these will be accessible to USERS.

ARTICLE 3: TERMS AND CONDITIONS OF ACCESS TO THE PLATFORM

Any USER who complies with these T&Cs may access the PLATFORM.

USERS are encouraged to share their experiences and suggestions with GUESTRAVELER regarding their browsing on the PLATFORM and more generally on the APP and the SITE, in a constant effort to improve the service, by email to contact@noho.world

If a USER wishes to offer a PASSION SHARING or benefit from a PASSION SHARING, they must access the SERVICE.

ARTICLE 4: TERMS AND CONDITIONS OF ACCESS TO THE SERVICE

4.1 Eligibility

The SERVICE is intended solely for persons of legal age, i.e., those who are at least 18 years of age. Any access to or use of the SERVICE by persons under the age of 18 is prohibited. By accessing or using the SERVICE, the MEMBER warrants that they are at least 18 years of age.

Under penalty of exclusion of the MEMBERS concerned, the SERVICE is intended exclusively for the purpose of offering PASSION SHARING that is strictly and rigorously in accordance with the values of the PLATFORM, morality, and public order. Similarly, any proselytizing activity is strictly prohibited.

4.2 Terms of access for all MEMBERS

Access to the SERVICE requires the prior creation of a MEMBER ACCOUNT by USERS.

MEMBERS may only have one active ACCOUNT.

The creation of a MEMBER ACCOUNT allows MEMBERS to interact with each other from their ACCOUNT.

USERS who wish to become MEMBERS must create an ACCOUNT by filling out a form available on the PLATFORM and providing the required personal DATA and information, which must be accurate, complete, truthful, and up to date. They guarantee the relevance and accuracy of their DATA and are solely responsible to GUESTRAVELER, MEMBERS, and third parties for any errors, omissions, or negligence in this regard.

When creating their ACCOUNT, USERS also create their ACCESS CODES.

ACCESS CODES are strictly confidential and for personal use only. It is the MEMBER’s responsibility to take appropriate measures to prevent third parties from gaining access to them. Accordingly, the MEMBER undertakes not to disclose them to anyone in any way whatsoever. The MEMBER is solely responsible for their safekeeping and use and shall be liable for the acts and actions of any person using their ACCOUNT, even without their knowledge. In addition, the MEMBER undertakes to immediately change their ACCESS CODES as soon as they have reason to believe that their confidentiality has been compromised or that an unauthorized person has had or is likely to have access to their ACCESS CODES. The MEMBER undertakes to inform GUESTRAVELER immediately, which will suspend all access to the SERVICE until the MEMBER creates new ACCESS CODES.

In addition, GUESTRAVELER reserves the right to ask the MEMBER to change all or part of their ACCESS CODES, in particular for regulatory, technical or security reasons, without the MEMBER being able to object in any way whatsoever.

In the event of the provision of incorrect, incomplete, misleading or obsolete DATA, or if the ACCOUNT has been inactive for one (1) year, GUESTRAVELER may decide to suspend or delete the MEMBER’s ACCOUNT with immediate effect in accordance with Article 9 of these T&Cs. When the ACCOUNT has been inactive for three (3) years, the ACCOUNT will be automatically deleted if the MEMBER does not respond to the request sent by GUESTRAVELER before the end of this three (3) year period to find out whether they wish to keep their ACCOUNT.

4.3 Specific terms and conditions applicable to HOSTS

On their ACCOUNT, HOSTS can view all their DATA and their LISTINGS, the PASSION SHARINGS they have created and those to come, as well as the contact details of NOMADS registered for upcoming SHARINGS (for the latter, only until the end of the PASSION SHARING). GUESTRAVELER will make the following HOST DATA available on the PLATFORM and visible to USERS:

– First name

– Initial(s) of SURNAME

– Photograph

– Description of the PASSION SHARE offered, as entered by the HOST in their LISTING.

In this regard, a HOST wishing to offer a PASSION SHARING must provide the following information about the proposed PASSION SHARING in their ACCOUNT:

– The title of the PASSION SHARING

– The photo relating to the PASSION SHARING

– The address of the PASSION SHARING

– The description of the PASSION SHARING

– Advice relating to the PASSION SHARING

– Whether the PASSION SHARE is accessible to children (accompanied by an adult)

– Whether the share is accessible to people with reduced mobility

– The duration of the PASSION SHARE

– The maximum number of NOMADS accepted, including children, if applicable

– Whether the HOST is a qualified sports instructor for PASSION SHARES that require it

– The language(s) spoken by the HOST

ARTICLE 5: TERMS AND CONDITIONS OF A PASSION SHARING

5.1 Posting a PASSION SHARING AD by a HOST

PASSION SHARING ADS are posted online by the HOSTS themselves and under their sole responsibility.

PASSION SHARING ADVERTISEMENTS posted online are valid, unless a specific duration is indicated, for as long as they appear on the PLATFORM.

All MEMBERS are authorized to publish a PASSION SHARING ADVERTISEMENT, subject to strict compliance with the T&Cs. They alone choose the title of their ADVERTISEMENT and the SECTION in which they wish to see it published.

GUESTRAVELER does not classify or reference the ADVERTISEMENTS that are included by HOSTS in the CATEGORIES offered. There is no capital link or remuneration of any kind between GUESTRAVELER and the MEMBERS using the SERVICE that could influence the referencing or ranking of ADVERTISEMENTS on the SERVICE/PLATFORM.

GUESTRAVELER reserves the right to delete an AD or block an ACCOUNT in the event of use of the SERVICE that does not comply with the T&Cs.

5.2 Booking a SHARED EXPERIENCE by a NOMAD

Booking steps

The NOMAD consults the PASSION SHARINGS available on the PLATFORM and selects one. Once the PASSION SHARING has been selected, the NOMAD chooses a date and time from those offered by the HOST on the PLATFORM. The HOST is informed by SMS, notification, and email that a NOMAD wishes to book their PASSION SHARING. The NOMAD is informed by notification and email of the request made to the HOST.

Before confirming their booking, the NOMAD has the opportunity to check the details of their booking, return to previous pages to correct any errors, or modify their booking.

The HOST has the option of confirming or refusing this time slot. If the two MEMBERS cannot agree on a time slot, the SHARING experience booking will be canceled.

When the HOST accepts the request, the NOMAD is also informed by notification and email.

The NOMAD must then declare that they accept the Terms of Use, the privacy policy, and that they have civil liability insurance. Once these acceptances have been validated, they can pay for their SHARE. Their PARTICIPATION IN THE COSTS is payable in full after confirmation of the reservation and acceptance thereof by the HOST.

Upon acceptance of their payment, the NOMAD receives a confirmation email with their invoice for the CONNECTION FEES and an invitation to their calendar. They are then put in contact with the HOST via an internal messaging system made available on the SERVICE by GUESTRAVELER.

The HOST receives a notification and an email informing them of the payment of the EXPENSES relating to their PASSION SHARING by the NOMAD. They will be reimbursed by bank transfer within forty-eight (48) hours of the end of the PASSION SHARING.

No right of withdrawal:

The PLATFORM allows you to contact a HOST in order to subscribe to a PASSION SHARING directly with the latter. The SERVICE is therefore intended to be immediate in most cases thanks to geolocation and the characteristics of the LISTINGS generally offered for PASSION SHARING at short notice. Furthermore, these are leisure activities.

As a result, and in accordance with Article L221-28-1° et seq. of the French Consumer Code, USERS are informed that the right of withdrawal cannot be exercised, which they formally accept and expressly waive by using the SERVICE.

Cancellation and refund:

If a NOMADE wishes to cancel a confirmed reservation, they shall remain liable, except in cases of proven force majeure:

1) the full PARTICIPATION FEE if the cancellation is made less than twenty-four (24) hours before the start of the PASSION SHARING. The same applies if they do not show up at the PASSION SHARING at the time and place indicated

2) only the CONNECTION FEES if the cancellation occurs more than twenty-four (24) hours before the start of the PASSION SHARING

If a HOST cancels a confirmed reservation or does not show up for the PASSION SHARING, the NOMAD will be fully reimbursed for the PARTICIPATION IN THE COSTS that has been invoiced to them.

5.3 Participation of the NOMAD in a PASSION SHARING

The HOST is solely responsible for the execution of any confirmed reservation and for making the PASSION SHARING reserved via the SERVICE on the PLATFORM available.

The NOMAD must arrive at the place and time agreed with the HOST. Before the PASSION SHARING, the HOST may ask the NOMAD to present proof of identity.

Each MEMBER must comply with their obligations.

5.4 COMMENTS – Feedback on PASSION SHARING

Both HOSTS and NOMADS may provide GUESTRAVELER with feedback on their PASSION SHARING experiences.

GUESTRAVELER can be contacted by email at contact@noho.world

In addition, HOSTS and NOMADS may leave COMMENTS relating to PASSION SHARING on the SERVICE and on the PLATFORM, in accordance with the laws and regulations, including the rights of USERS and MEMBERS. COMMENTS must not be disparaging, discriminatory or defamatory. GUESTRAVELER does not control or verify the content of COMMENTS, and USERS are therefore invited to verify the accuracy of the comments made.

ARTICLE 6: FINANCIAL TERMS AND CONDITIONS OF A PASSION SHARING

6.1 Amount due for PASSION SHARING

Each PASSION SHARING shall give rise to the payment by the NOMAD of a FEE, the amount of which is fixed at thirty-five (35) euros. This amount is divided as follows: thirty (30) euros for the HOST and five (5) euros for GUESTRAVELER for CONNECTION FEES.

The above amounts are inclusive of all taxes, i.e. they include all applicable taxes and social security contributions.

No other sum may be claimed by the HOST for any reason whatsoever.

6.2 Terms of payment for PASSION SHARING

The following payment methods are accepted: VISA, AMEX, MASTERCARD

GUESTRAVELER uses the STRIPE payment software platform, which has an online payment security system. The process of payment of the PARTICIPATION IN EXPENSES by the NOMAD and distribution of the HOST REIMBURSEMENTS and CONNECTION FEES is carried out by STRIPE and its financial partners without the intervention of GUESTRAVELER.

By accepting these T&Cs and using STRIPE’s payment services for financial transactions relating to PARTICIPATION IN EXPENSES, HOST REIMBURSEMENTS and CONNECTION FEES, MEMBERS acknowledge that they are bound by the terms and conditions of use and payment of the STRIPE system, available at the following address: Stripe Service Agreement

ARTICLE 7: INFORMATION ON TAX AND SOCIAL SECURITY OBLIGATIONS

Tax regulations may require, as is the case in France, for example, the disclosure of clear and transparent information on the tax and social security obligations that may be incumbent on persons who carry out commercial transactions via internet platforms. This information on the tax regimes and social security regulations applicable to the sums received, the resulting reporting and payment obligations to the tax authorities and social security contribution collection agencies, and the penalties incurred in the event of failure to comply with these obligations, can be consulted for French law via the following links:

– on www.impots.gouv.fr, concerning tax obligations, link below: https://www.impots.gouv.fr/portail/node/10841

– on www.urssaf.fr, concerning social security obligations, link below: https://www.urssaf.fr/portail/home/espaces-dedies/activites-relevant-de-leconomie.html

HOSTS, whether resident or established in France or in other countries, expressly agree and undertake to check the tax and social security obligations applicable to them before offering a SHARE OF PASSION, any taxes they may or may not have to include in their REIMBURSEMENTS for tax and social security purposes, and to comply with them.

More generally, GUESTRAVELER is in no way responsible for the tax and social security declarations applicable to HOSTS, nor for the taxes applicable to them, nor is GUESTRAVELER responsible for paying any taxes included or collected by HOSTS to the competent authority. GUESTRAVELER is not authorized to provide tax or social security advice to its USERS and MEMBERS.

GUESTRAVELER draws the attention of USERS, and more particularly MEMBERS, to the provisions of Article 242 bis of the French General Tax Code https://www.legifrance. gouv.fr/codes/article_lc/LEGIARTI000037526190/, which require online platforms, on the one hand, to send each year in January, by electronic means, to the parties to the exchange who have received funds (in this case, the HOSTS), a summary document indicating the total number of transactions carried out during a calendar year of which the PLATFORM is aware, and the total gross amounts of the transactions carried out through the SERVICE, and, secondly, to communicate this same summary document to the French tax authorities.

The USER, and more specifically the MEMBER, is advised that, in order to meet this obligation, the PLATFORM must collect and communicate the following information:

a) The identification details of the operator of the PLATFORM concerned;

b) The identification details of the USER and, in particular, of the MEMBER;

c) The status of private individual or professional indicated by the MEMBER on the PLATFORM;

d) The number and total gross amount of transactions carried out (REIMBURSEMENTS received) by the MEMBER during the previous calendar year;

e) If known to the PLATFORM, the details of the bank account into which the income is paid

These obligations apply to both MEMBERS residing in France and those who carry out PASSION SHARING in France.

ARTICLE 8: RESPECTIVE OBLIGATIONS OF USERS, MEMBERS AND GUESTRAVELER

8.1 Obligations incumbent on all USERS

When using the PLATFORM, each USER undertakes not to undermine public order, to comply with the laws and regulations in force, to respect the rights of third parties and the provisions of the T&Cs.

USERS indemnify GUESTRAVELER against any claims in relation to the above provisions.

8.2 Obligations applicable to all MEMBERS

In addition to the obligations applicable to all USERS, MEMBERS undertake to:

-Update their ACCOUNT as often as necessary

-Be honest and sincere in the information provided to GUESTRAVELER and, where applicable, to other MEMBERS and USERS (in particular with regard to the activities offered as part of a PASSION SHARING or comments left by NOMADS following a PASSION SHARING).

-Ensure compliance with applicable standards, the rights of third parties, and the rights of GUESTRAVELER, and assume responsibility for the publication of any content, whether editorial, visual, or graphic, that they make available or distribute on the PLATFORM

-Obtain the rights and authorizations and pay the remuneration and royalties due, where applicable, to the holders of rights to the works incorporated into the ADVERTISEMENTS or messages posted by MEMBERS on the PLATFORM and the SERVICE.

-Use the PLATFORM, the SERVICE, and their ACCOUNT in accordance with the purpose described in these T&Cs and not to misuse the PLATFORM, the SERVICE, or the ACCOUNT to commit crimes, offenses, or contraventions punishable under the French Penal Code or any other law.

-Participate in PASSION SHARING by applying behavioral standards based, on the one hand, on moral values such as respect for others, courtesy, good faith, kindness, and loyalty and, on the other hand, on objectives of absolute security.

-Behave loyally and responsibly towards GUESTRAVELER, USERS, other MEMBERS, and third parties.

-Respect the DATA and privacy of third parties and MEMBERS, as well as the confidentiality of exchanges between and with MEMBERS.

-Refrain from disseminating information that is defamatory, abusive, or libelous, or that violates human dignity and, more generally, refrain from posting content that is contrary to the laws, regulations, other applicable provisions in force, or morality, or that infringes on the rights of third parties.

-Do not attempt to divert USERS or other MEMBERS to another site or a competing service.

-Not to seek to undermine the automated data processing systems used for the online publication and maintenance of the PLATFORM and the SERVICE, within the meaning of Articles 323-1 et seq. of the French Penal Code.

–USE THE SERVICE FOR NON-PROFESSIONAL AND NON-COMMERCIAL PURPOSES ONLY.

MEMBERS indemnify GUESTRAVELER against any claims arising from the foregoing provisions.

8.3 Obligations specific to HOSTS

In addition to the obligations set out above, HOSTS offering a PASSION SHARING agree to comply with the following conditions:

– Clearly identify themselves on the PLATFORM with accurate and up-to-date information,

– Certify that they are not acting in a professional capacity, even if the SHARED PASSION offered involves professional expertise or a trade,

In this regard, HOSTS are reminded that they are liable to penalties under Article L132-2 of the French Consumer Code if they act in a professional capacity while presenting themselves as a consumer or non-professional.

– Be covered by valid civil liability insurance covering damage to third parties

Hold the necessary licenses in the event of using motorized or non-motorized vehicles or specific equipment

– Ensure that all necessary safety rules are followed so as not to endanger the NOMADS who will accompany them in their SHARING OF PASSION

– Provide proof of a license from their Federation or any equivalent document required when posting the SHARING OF PASSION for those who claim to have qualifications and/or skills relating to regulated activities (e.g., sports instructor, guide, monitor, etc.),

– Update their ADVERTISEMENTS in a timely manner on the PLATFORM.

8.4 Obligations specific to NOMADS

In addition to the obligations set out above, each NOMAD wishing to participate in a PASSION SHARING:

-Agrees to provide proof of identity to the HOST at the time of the PASSION SHARING if requested by the HOST.

-Declares and undertakes, both for themselves and for their companions, to be formally covered by their own civil liability insurance for any damage that may occur during a PASSION SHARING, of whatever nature. By choosing to use the PLATFORM and the SERVICE as a NOMAD, the latter agrees to assume any risks associated with a PASSION SHARING. If the NOMAD is not covered by his insurance company for the PASSION SHARING subscribed to, GUESTRAVELER encourages him, prior to any booking of a SHARING, to take out insurance covering him against any bodily injury or material damage.

8.5 Obligations of GUESTRAVELER

In addition to its other obligations, GUESTRAVELER undertakes to correct any errors relating to the PLATFORM and/or the SERVICE that are reported to it by email sent to contact@noho.world.

Similarly, subject to its legal and regulatory obligations, in particular to respond to any administrative or judicial request, GUESTRAVELER undertakes to delete (i) the contact details of a MEMBER identified on the SERVICE or the PLATFORM or (ii) an ACCOUNT upon simple request from the latter by sending an email to confidentialité@guestraveler.com, provided that no SHARING activity concerning the MEMBER or the ACCOUNT is in progress.

ARTICLE 9 – EXCLUSION OF A USER, A MEMBER AND/OR WITHDRAWAL OR SUSPENSION OF AN ADVERTISEMENT FOR FAILURE TO COMPLY WITH THE T&Cs

GUESTRAVELER may suspend or terminate the USER’s access to the PLATFORM and the SERVICE and their use thereof, temporarily or permanently, at its sole discretion, at any time and without notice if they fail to comply with the provisions of these T&Cs, in particular the obligations and guarantees incumbent upon them.

In the event of non-compliance with these T&Cs or any illegal action, GUESTRAVELER is entitled to remove from the PLATFORM and the SERVICE, immediately and without notice, any ADVERTISEMENTS, COMMENTS and content that are in dispute, cancel any ongoing or confirmed PASSION SHARING bookings and/or delete or suspend a MEMBER’s ACCOUNT, refuse to open any new ACCOUNT for the said MEMBER and take any other appropriate measures against them, whether or not it has been informed by a REPORT. GUESTRAVELER shall inform the person concerned of the grounds, terms and consequences (in terms of duration, subject matter and, where applicable, territory) and the reasons for its decision in accordance with the provisions of Article 17 of Regulation No. 2022-2065 of October 19, 2022. Where applicable,

The latter shall have a period of six (6) months from the date on which they are informed of the decision to lodge an appeal against the decision of GUESTRAVELER at contact@guestraveler.com in accordance with Article 20 of Regulation No. 2022-2065 of October 19, 2022.

In the event that GUESTRAVELER decides not to terminate or suspend the activities of a MEMBER that it considers to be in breach of these T&Cs but not detrimental to the legitimate interests of other MEMBERS or USERS, it may nevertheless inform the MEMBER and give them the opportunity to remedy the situation within a short period of time.

In the event of suspicion of a criminal offense committed or likely to be committed by a USER or MEMBER, GUESTRAVELER shall be entitled to promptly inform the law enforcement and judicial authorities.

ARTICLE 10 – INTELLECTUAL PROPERTY RIGHTS

10.1 Intellectual Property Rights of GUESTRAVELER

GUESTRAVELER is the exclusive owner of all intellectual property rights relating to the PLATFORM and the SERVICE, as well as to the elements that comprise them, without prejudice to the rights of any of its licensors. It is solely authorized to protect them as it sees fit and, in particular, to make any filings it deems necessary for their protection.

Subject to compliance with these T&Cs, USERS only have a simple right to use the PLATFORM and, for MEMBERS, the SERVICE, excluding any right of ownership over the interface, its content, or its presentation. GUESTRAVELER therefore grants USERS a limited, non-exclusive, non-transferable, non-assignable and free of charge, allowing them to download and install one copy of the APPLICATION on one (1) mobile device owned or held by the USER and to run this copy of the APPLICATION solely for personal and non-commercial purposes. GUESTRAVELER reserves all rights relating to the PLATFORM and the SERVICE that are not expressly granted to USERS under these T&Cs.

USERS whose MEMBERS acknowledge that the PLATFORM and the SERVICE are protected by copyright, trademark law, database rights, and other applicable intellectual property rights. Use of the PLATFORM and the SERVICE does not grant the USER (including the MEMBER) any intellectual property rights over any element of the PLATFORM or the SERVICE, whether these are software and technical tools made available to them by GUESTRAVELER or protected elements appearing on the PLATFORM and the SERVICE (text, images, trademarks, characters, designs and models, logos, databases, etc.) which remain the property of GUESTRAVELER.

USERS, including MEMBERS, agree not to delete, modify or hide any copyright, trademark or other proprietary notices incorporated in or accompanying the PLATFORM and/or the SERVICE.

USERS, and in particular MEMBERS, also agree not to reproduce, represent, distribute, market, modify, or grant all or part of any element of the PLATFORM and/or the SERVICE in any way whatsoever without the express prior written consent of GUESTRAVELER. They also agree not to access the SITE, the APP, the PLATFORM, or the SERVICE or disrupt their operation in a fraudulent manner or use robots, scrapers, crawlers, or other means to hack, circumvent, delete or damage in any way the technology of GUESTRAVELER. Any use not expressly authorized by GUESTRAVELER may result in legal action.

Nothing in these Terms of Use authorizes USERS, including MEMBERS, to: (I) copy, modify or create derivative works based on the PLATFORM and/or the SERVICE; (II) distribute, transfer, assign, grant, lend or rent them to a third party; or (III) decompile or disassemble them.

Any use of the PLATFORM and/or the SERVICE that does not comply with these T&Cs will automatically result in the immediate termination of this authorization and will result in a permanent ban from accessing the PLATFORM and/or using the SERVICE for any purpose whatsoever, without prejudice to GUESTRAVELER’s right to take legal action in the event of infringement of its intellectual property rights, in particular through the usurpation, imitation or counterfeiting in any way whatsoever of its intellectual property rights, including its technology, logo and all other creative elements (characters, photographs, etc.).

10.2 Intellectual Property Rights of MEMBERS

The rights to images, photographs, illustrations, and texts published by HOSTS, as well as COMMENTS left by MEMBERS, which may be protected by intellectual property rights, are the property of their authors and are published under their responsibility. It is their responsibility to ensure that by publishing them, MEMBERS do not infringe any intellectual property rights or private rights of third parties (such as image rights, in particular). To the extent necessary, where they are protected or likely to be protected by any intellectual property right or other private right (such as image rights), USERS and MEMBERS publishing ADVERTISEMENTS and/or COMMENTS ipso facto grant GUESTRAVELER the right to use them on the PLATFORM and the SERVICE for as long as said ADVERTISEMENTS and COMMENTS remain online. It is hereby reiterated that in the event of a REPORT of content (AD or COMMENT) that is found to violate applicable regulations or the rights of third parties, GUESTRAVELER shall be entitled to temporarily suspend or remove such content.

10.3 Limited rights of USERS

USERS and, in particular, MEMBERS shall refrain from using, displaying, copying or reusing the PLATFORM and/or the SERVICE, or any data or element thereof, the name “GUESTRAVELER” or the name “the GUESTRAVELER company”, the name or logo NOHÔ and its associated designs, the domain name www.noho.world with any other extension and, more generally, any trademark, logo, character, photograph, visual, design, illustration or any other information or data belonging to GUESTRAVELER, as well as the layout and design of any page or form contained in a page, unless expressly authorized in writing in advance by GUESTRAVELER. The same applies to protected elements belonging to MEMBERS, unless they have obtained prior written authorization.

USERS and MEMBERS shall also refrain from exploiting, depositing, registering or offering a platform and/or services similar to those of the PLATFORM and/or the SERVICE or any of their elements for the entire duration of the PLATFORM and the SERVICE if they could infringe the rights of GUESTRAVELER.

ARTICLE 11 –

PROTECTION OF PERSONAL DATA

GUESTRAVELER has established a privacy policy for USERS and in particular for MEMBERS, whether they are HOSTS or NOMADS.

This privacy policy covers how GUESTRAVELER processes their DATA, as well as their obligation to respect the DATA of other USERS and MEMBERS.

It is available at: privacy policy

A specific section on cookies is available at: privacy policy

USERS are invited to read this Privacy Policy carefully before using the SITE or the APPLICATION and before registering as a MEMBER, HOST or NOMAD in order to understand how GUESTRAVELER collects, processes, uses and stores their DATA and what their rights are.

USERS who do not agree to GUESTRAVELER collecting, processing, using and storing their DATA in this way are invited to leave the SITE and the APP.

ARTICLE 12 – GUARANTEE BY USERS AND MEMBERS

USERS and MEMBERS warrant that they understand all the provisions of these T&Cs and that they will comply with them at all times, as well as with the legal and regulatory provisions applicable to them.

In particular, they guarantee that they will not post any COMMENTS or engage in any behavior or make any statements during PASSION SHARING that may be disrespectful, abusive, defamatory, disparaging, misleading, violent, hateful, or incite hatred or violence, contrary to public decency, racist, xenophobic, discriminatory, illegal, likely to be considered obscene or sexual harassment, or otherwise in violation of applicable regulations and the rights of third parties.

They guarantee that they will not use the PLATFORM or the SERVICE for professional, commercial, or lucrative purposes in any way whatsoever.

They guarantee that they will not directly or indirectly infringe the rights of other USERS, other MEMBERS and, more generally, third parties, as well as the rights of GUESTRAVELER, in particular its image, rights and tangible and intangible property, including the PLATFORM, the SERVICE and the systems that support them.

MEMBERS, and in particular HOSTS, further guarantee that they are the persons who will personally receive the NOMADS and provide the SHARINGS offered in the LISTINGS, and that they will not publish any information that is misleading, erroneous or likely to mislead USERS, in particular potential NOMADS. They also guarantee that they will obtain the necessary authorizations, rights, and payment of any fees and royalties due, where applicable, for the use of texts, photographs, and other illustrations and visuals posted online to promote their PASSION SHARING AD. They guarantee, where applicable, that they are regularly authorized to publish photographs depicting the image of persons and protected property.

They indemnify GUESTRAVELER against any claims in this regard.

They inform other MEMBERS of the absence of any legal guarantee of conformity applicable to PASSION SHARINGS as mentioned in Articles L 217-4 et seq. of the French Consumer Code, but of the guarantee against hidden defects as provided for in Articles 1641 et seq. of the French Civil Code.

ARTICLE 13 – GUESTRAVELER COMPANY WARRANTY

SUBJECT TO MANDATORY LEGAL WARRANTIES (WARRANTY FOR HIDDEN DEFECTS), THE PLATFORM AND THE SERVICE ARE PROVIDED ” AS IS, WITHOUT ANY WARRANTY, IN PARTICULAR AS TO THE RELIABILITY OF THE CONTENT, ITS SUITABILITY FOR A PARTICULAR PURPOSE, PEACEFUL ENJOYMENT OR EVICTION.

ARTICLE 14 – LIABILITY OF USERS AND MEMBERS

All USERS and MEMBERS are responsible for their own acts, negligence or omissions, as well as those of persons authorized to participate in SHARES.

The USER (including the MEMBER) is solely responsible for their use of the PLATFORM, the SERVICE and the tools made available to them by GUESTRAVELER (in particular the APPLICATION and the WEBSITE). This means that the USER (and in particular the MEMBER) is solely responsible for the way in which they use the PLATFORM and the SERVICE and for their commitments to other MEMBERS, in particular during PASSION SHARING. For information, Article 1240 of the Civil Code provides that: “Any act by a person that causes damage to another person obliges the person at fault to make reparation.”

Furthermore, MEMBERS are informed of the consequences of non-compliance with their contractual obligations in the terms set out in Articles 1101 et seq. of the Civil Code.

MEMBERS and USERS shall be liable for their breaches and shall compensate other MEMBERS, USERS and/or GUESTRAVELER for any costs, damages and losses resulting therefrom.

ARTICLE 15: LIABILITY OF GUESTRAVELER

15.1 Technical liability

GUESTRAVELER is a technical intermediary in the context of connecting MEMBERS.

As such, GUESTRAVELER undertakes to make every effort to secure access to and ensure continuity of access and use of the PLATFORM, 24 hours a day, 7 days a week, except in cases of force majeure or the occurrence of an event beyond the control of GUESTRAVELER and subject to any breakdowns and maintenance necessary for the proper functioning of the PLATFORM. However, GUESTRAVELER shall in no event be held liable for any interruption of all or part of the PLATFORM, regardless of the cause, duration or frequency.

It shall only be liable in the event of proven fault resulting directly from its actions or intentional breach of its obligations resulting in damage to the physical integrity of a person.

15.2 Limited liability as a platform

GUESTRAVELER provides a PLATFORM enabling USERS who wish to become MEMBERS to do so and enabling its MEMBERS to offer or benefit from SHARING PASSIONS through the SERVICE to which MEMBERS register. HOSTS can post ADVERTISEMENTS and NOMADS can choose to subscribe to one or more SHARED PASSIONS in exchange for a CONTRIBUTION TOWARDS EXPENSES.

GUESTRAVELER reminds you that it is not in a position to verify the identity of MEMBERS, PASSION SHARING ADVERTISEMENTS, or the conduct of PASSION SHARING. GUESTRAVELER therefore does not guarantee any MEMBER, ADVERTISEMENT, or PASSION SHARING.

The DATA relating to MEMBERS that appears on the SERVICE is provided by the MEMBERS themselves when they complete their profile. GUESTRAVELER therefore provides no guarantee and assumes no responsibility for the accuracy, timeliness, completeness or content of the DATA relating to MEMBERS, whether they are HOSTS or NOMADS, nor for the content of ADVERTISEMENTS or COMMENTS, nor for the quality of PASSION SHARINGS.

Its role is that of a PLATFORM offering a SERVICE limited to connecting MEMBERS and providing access to the PLATFORM and the SERVICE.

It therefore acts as a platform connecting individuals in the context of their non-professional and non-commercial activities within the meaning of the regulations in force. As such, GUESTRAVELER pays close attention to notifications and REPORTS it receives from USERS, and in particular those that MEMBERS may send to it following their experience of a SHARED PASSION.

In accordance with the provisions of EU Regulation No. 2022-2065 on digital services of October 19, 2022, and Law No. 2004-575 of June 21, 2004, on confidence in the digital economy, amended by Law No. 2024-449 of May 21, 2024, GUESTRAVELER has put in place mechanisms enabling any USER or MEMBER to report to it the presence within the SERVICE or the PLATFORM of specific items of information that the USER or MEMBER considers to be illegal content. These mechanisms are easy to access and use and allow notifications to be submitted exclusively by electronic means in accordance with Article 18 below.

Notification of manifestly illegal content must be made using the technical device (icon) on the PLATFORM or by email to contact@guestraveler.com. This does not prevent the USER or MEMBER concerned from also sending a notification by registered mail with acknowledgement of receipt to the following address: GUESTRAVELER 73 rue Marie Curie, 14200 Hérouville-Saint-Clair.

Thus, in the event that a USER or MEMBER becomes aware on the PLATFORM of facts contrary to public decency, facts inciting proselytism, racial hatred, child pornography, and more generally of an illegal nature and likely to undermine human dignity, they undertake to alert GUESTRAVELER and provide information enabling the facts and/or their author to be identified by clicking on the button provided for this purpose on the PLATFORM or by making a REPORT in accordance with Article 18 below.

Such REPORTS shall be deemed to give rise to actual knowledge or awareness of the specific information concerned when they enable GUESTRAVELER to identify the illegality of the activity or information concerned without detailed legal examination.

Where the REPORT contains the electronic contact details of the individual or entity that submitted it, GUESTRAVELER shall send, as soon as possible, an acknowledgment of receipt of the REPORT to that USER OR MEMBER.

GUESTRAVELER shall also notify them as soon as possible of its decision regarding the information to which the REPORT relates, while providing information on the possibilities for appeal against that decision.

GUESTRAVELER shall take its decision regarding the information to which the REPORTS relate in a timely, diligent, non-arbitrary, and objective manner.

15.3 No liability for the use of the PLATFORM and the SERVICE by USERS and MEMBERS

GUESTRAVELER provides the SERVICE without any warranty of any kind. In particular, GUESTRAVELER does not guarantee that the contact details of HOSTS indicated on the PLATFORM or the SERVICE are free of errors. GUESTRAVELER is also not responsible for SHARES provided by HOSTS, as its role is exclusively to provide a platform enabling MEMBERS to connect and communicate with each other.

GUESTRAVELER is not a party to any agreement between MEMBERS, who act exclusively in their own name and on their own behalf. Any agreement between a HOST and a NOMAD is binding only on that HOST and that NOMAD.

15.5 GUESTRAVELER’s lack of responsibility for the content of websites to which links are provided

The PLATFORM or the SERVICE may contain links to third-party websites. These links are provided without any guarantee. GUESTRAVELER is not responsible for the content of these websites. The USER assumes all risks resulting from their use of third-party websites.

GUESTRAVELER IS NOT LIABLE FOR ANY INDIRECT OR INCIDENTAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, SERVICE INTERRUPTIONS, COMPUTER DAMAGE OR FAILURES OF THE SYSTEM, APPLICATIONS, THE SITE, THE PLATFORM OR THE SERVICE, OR THE INABILITY TO USE THE PLATFORM OR THE SERVICE.

ARTICLE 16- FORCE MAJEURE

GUESTRAVELER cannot be held liable in the event of a force majeure event, as defined in Article 1218 of the Civil Code. Any malfunction of telecommunications networks (including the internet) shall be considered a case of force majeure. USERS are informed of the inherent risks of telecommunications networks, including the possibility of various types of failure. GUESTRAVELER cannot be held liable in this regard.

ARTICLE 17 – NOTIFICATIONS

Any notification provided for in these T&Cs shall be made by email to the following address: contact@guestraveler.com, which is the sole point of contact for any request for information, notification of a complaint or REPORT relating to these T&Cs, which is formally accepted by USERS (including MEMBERS), who may also send a registered letter with acknowledgment of receipt, or a registered electronic letter to the registered office of GUESTRAVELER as indicated at the top of these T&Cs, specifying SERVICE NÔHO.

ARTICLE 18 – REPORTS

It is hereby reiterated that GUESTRAVELER is under no obligation to verify the content of ADVERTISEMENTS and COMMENTS. However, GUESTRAVELER reserves the right to carry out voluntary checks to examine whether an ADVERTISEMENT offers illegal activities or whether a COMMENT or ADVERTISEMENT contains elements that contravene the legislative or regulatory provisions in force or infringe the rights of GUESTRAVELER.

Furthermore, in addition to the right to take any action such as contacting the local authorities or filing a complaint, all USERS or MEMBERS have the right to report to GUESTRAVELER any AD or COMMENT or any behavior of a MEMBER that they believe violates the provisions of these T&Cs or could pose a risk to MEMBERS. They may do so by clicking on the REPORT icon provided for this purpose.

GUESTRAVELER is not required to take any action unless required by law, but reserves the right to do so. In this case, any USER or MEMBER concerned shall cooperate in good faith with GUESTRAVELER to stop any illegal activity on the PLATFORM or SERVICE.

GUESTRAVELER will acknowledge receipt of the REPORT and inform the author of the REPORT of the action taken.

The REPORTS referred to in this article are deemed to enable GUESTRAVELER to identify the illegality of the activity or information concerned without detailed legal examination.

REPORTS that are manifestly unfounded, serious, and repeated may lead GUESTRAVELER to suspend the processing of REPORTS for a specified period and to take any legal action deemed necessary against the author of such malicious REPORTS, specifying the reasons therefor.

ARTICLE 19 – INDEPENDENCE OF THE PARTIES

GUESTRAVELER, each of the USERS and each of the MEMBERS are legally independent entities with full power to enter into the commitments set out in these T&Cs, each in their own name. They declare that they have read the provisions applicable to them and that they use the PLATFORM and the SERVICE in full knowledge and understanding of the T&Cs.

ARTICLE 20 – NON-WAIVER

In the event that GUESTRAVELER decides not to exercise any of the rights it holds under these T&Cs, it reserves the right to enforce them at a later date at its convenience without this being enforceable against it and without prejudice to any other remedies available to it under these T&Cs and the applicable laws and regulations.

ARTICLE 21 – DISPUTE RESOLUTION

These T&Cs and any action relating to them shall be governed by French law, which, pursuant to Article 17 of Law No. 2004-575 of June 21, 2004, is the law of the country of origin of the SERVICE offered by GUESTRAVELER, and which shall prevail over any other national legislation.

Subject to mandatory public policy provisions to the contrary, any dispute relating to these Terms of Use shall fall within the exclusive jurisdiction of the courts of Caen, in particular by virtue of the place of formation of the contract within the jurisdiction of the registered office of GUESTRAVELER, by acceptance of these Terms of Use, this place of formation of the contract being characteristic of the connection with the courts of the judicial system of Caen.

Non-French residents or persons not established in France who have contracted a PASSION SHARING on the SERVICE accessible on the PLATFORM must demonstrate, in order to obtain the application of their own law from the judge, that French law is less favorable than that of their country.

Prior to any legal action, and unless otherwise provided by public policy, any disputes that may arise in connection with the performance of these Terms of Use shall be submitted to GUESTRAVELER for amicable settlement either by email to the following address: contact@guestraveler.com, or by post to the company’s registered office.

In the event of failure of a complaint or in the absence of a response from GUESTRAVELER within two (2) months, USERS and MEMBERS established in the European Union shall be entitled to refer the dispute to a mediation body by consulting the website of the Commission for the Evaluation and Control of Consumer Mediation (CECMC) or by connecting to the European online dispute resolution platform accessible via the following link: https://ec.europa.eu.

USERS (including MEMBERS) established in FRANCE shall have the option of submitting the dispute to mediation by contacting the Association Nationale des Médiateurs (ANM) either by post at 62 rue Tiquetonne, 75002 PARIS or by email by completing the online referral form at the following address: www.anm-conso.com

These provisions are formally accepted by USERS of the PLATFORM and by MEMBERS using the SERVICE, prior to any registration.