General Terms and Conditions for Professionals of the website guadeloupe.airlocal.com

effective as of 03/04/2025

ARTICLE 1. PARTIES

These general terms and conditions apply between Welocal, SAS, share capital: €15,000,

RCS Pointe-à-Pitre: 89833172300038, registered office: PARC D'ACTIVITE DE JABRUN, 97122 BAIE-MAHAULT, France, telephone: +33 9 61 45 96 72, email: communication.airlocal.net, intra-Community VAT number: FR46898331723, hereinafter “Guadeloupe.airlocal.com”, and any person, natural or legal, under private law or public law, registered on the Site, hereinafter “the Professional”.

ARTICLE 2. DEFINITIONS

“Banner”: graphic element created by Guadeloupe.airlocal.com from the Professional’s Provided Materials, published on the Site in an Advertising Space and linking to the Professional’s website.

“Professional”: any person, natural or legal, under private law or public law, registered on the Site.

“Client”: any person, natural or legal, under private law or public law, who is a client of the Professional.

“Press Release”: editorial content published on the Site by Guadeloupe.airlocal.com as part of a Service.

“Site Content”: elements of any kind published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases, or software.

“Provided Materials”: content of any kind (code, text, images, sounds, etc.) inserted into the Deliverable, either by Guadeloupe.airlocal.com at the Professional’s request, or by the Professional themselves. The Professional is solely responsible for the Provided Materials.

“Advertising Space”: space on the Site where a Banner may be published.

“Deliverable”: any intangible item, Press Release or Banner, delivered by Guadeloupe.airlocal.com to the Professional as part of a Service.

“Guadeloupe.airlocal.com”: Vela SARL acting in its capacity as publisher of the Site.

“Offer”: web pages, as well as any associated digital file, published on the Site by the Professional for the sale of a Product.

“Product”: a good or service offered for sale on the Site by the Professional.

“Option”: paid module that may be added to a Service by the Professional.

“Internet User”: any person, natural or legal, under private law or public law, connecting to the Site.

“Service”: service offered by Guadeloupe.airlocal.com on the Site to Professionals.

“Distinctive Signs”: the Professional’s distinctive signs, such as trademarks, corporate name, trade name, business sign, or domain name.

“Site”: website accessible at the URL Guadeloupe.airlocal.com, as well as related sub-sites, mirror sites, portals, and URL variations.

ARTICLE 3. SCOPE

The Site is freely and openly accessible to any Internet User. Browsing the Site implies acceptance by any Internet User of these general terms and conditions. Simple connection to the Site, by any means whatsoever, including through a robot or browser, constitutes full and complete acceptance of these general terms and conditions. Upon registration on the Site, this acceptance is confirmed by ticking the corresponding box.

The Internet User thereby acknowledges having fully read and accepted them without restriction.

Ticking the above-mentioned box is deemed to have the same value as a handwritten signature by the Internet User. The Internet User acknowledges the evidentiary value of Guadeloupe.airlocal.com’s automatic recording systems and, unless they provide proof to the contrary, waives the right to dispute them in the event of a dispute.

These general terms and conditions apply to the relations between the parties to the exclusion of any other conditions, including those of the Internet User.

Acceptance of these general terms and conditions implies that Internet Users have the necessary legal capacity, or failing that, authorization from a guardian or curator if they are incapacitated, from their legal representative if they are minors, or that they hold a mandate if they act on behalf of a legal entity.

ARTICLE 4. PURPOSE OF THE SITE

The purpose of the Site is to publish information relating to Guadeloupe and its surroundings, as well as to present the Services and sell them to Professionals.

ARTICLE 5. SERVICES

Guadeloupe.airlocal.com offers the following Services:

Publication of Press Releases

• * 1. Press Releases produced by the Professional

Professionals may provide Guadeloupe.airlocal.com with Press Releases already prepared so that they may be published on the Site. Press Releases are published without modification by Guadeloupe.airlocal.com on the Site, provided they comply with the Charter set out in these general terms and conditions. Guadeloupe.airlocal.com reserves the right to refuse publication of Press Releases that do not comply with said Charter.

• * 1. Press Releases produced by Guadeloupe.airlocal.com

Guadeloupe.airlocal.com offers Professionals the creation of their Press Releases. In this case, the creation and approval of the Press Release are subject to the obligations concerning Deliverables, as provided in Article 6 of these general terms and conditions.

Rental of Advertising Spaces

• * 1. Creation

Guadeloupe.airlocal.com creates Banners from the Provided Materials supplied by the Professional. Banner characteristics must be chosen by the Professional on the Site at the time of ordering. The creation and approval of the Banner are subject to the obligations concerning Deliverables, as provided in Article 6 of these general terms and conditions.

• * 1. Publication of the Banner

Guadeloupe.airlocal.com will publish the Banner on the Site within 3 days following its approval by the Professional.

The exact placement of the advertisement is chosen by Guadeloupe.airlocal.com in accordance with its editorial policy.

No claim may be taken into account after a period of one month following the publication of the Banner on the Site.

• * 1. Cost per click

Each Banner contains a hyperlink pointing to an address determined by the Professional. Activation of this hyperlink by an Internet User is done by clicking on the Banner. Each activation will be billed to the Professional at the rate indicated on the Site.

Directory

Professionals may be listed on the Site. Professionals wishing to register in the directory must first create a personal account. They undertake, where applicable, to be fully compliant with all registrations and formalities required in their capacity as professionals.

In this respect, they undertake to be able to justify at any time:

• their registration with the Trade and Companies Register (RCS) or the trades directory, where applicable;
• subscription to mandatory professional civil liability insurance, where applicable;
• subscription to ten-year liability insurance, where applicable;
• compliance and regularity of employment contracts for all employees and staff, where applicable;
• compliance and payment of all taxes and contributions to which they are subject.

Guadeloupe.airlocal.com reserves the right to moderate or refuse the listing of a professional on the Site without this constituting damage for said professional. Each party may decide to terminate said plan: the professional by email to Guadeloupe.airlocal.com, and Guadeloupe.airlocal.com by closing the account by any means, without having to justify any reason or comply with any formality.

Directory listing is free. The Professional may subscribe to various Options, the details and cost of which are specified on the Site.

Highlighting the Professional

The Professional may subscribe to a Service allowing, as applicable:

• a ranking boost to the top of the list in the context of publishing ads or within their listing on the Site;
• publication of a Banner.

To benefit from this Service, the Professional must purchase a credit from Guadeloupe.airlocal.com. This credit is then used to periodically keep the Professional’s listing and/or Banner at the top of the list or on the first page of the Site. Credit usage is specified on the Site on the page detailing the relevant Service. The Professional must in particular choose the frequency of ranking boosts.

Provision of an Online Marketplace

Guadeloupe.airlocal.com undertakes to provide the Professional with an online marketplace enabling them to publish Offers from their personal account.

• * 1. Creation and publication of the Offer
• Creation of the Offer

The Professional is solely responsible for creating the Offer. They alone will provide the technical and aesthetic solutions needed to create the Offer.

• * * 1. Setting prices, production times, and delivery times for Products

Prices and production and delivery times for Products will be indicated in the Offer by the Professional.

• * * 1. Publication of the Offer

The Professional publishes the Offer directly from their personal account.

• * 1. Transfer of the order

Once the Client’s order is received by Guadeloupe.airlocal.com through the Site, Guadeloupe.airlocal.com undertakes to forward it to the Professional within 12 business hours so that the Professional may, where applicable, produce and deliver the Product.

• * 1. Payment terms
• Collection mandate

The Professional grants Guadeloupe.airlocal.com a mandate to collect sums paid by End Customers for the purchase of Products on the Site.

• * * 1. Payout

The sale price will be paid to the Professional, minus a commission of 10% of the Product price excluding VAT, excluding delivery costs, subject to issuance of the corresponding invoice by the Professional, by bank transfer to the details shown on the RIB provided by the Professional to Guadeloupe.airlocal.com, within 45 days from the end of the month in which the invoice was issued.

• * 1. Professional’s obligations
• Performance of the sales contract towards the Client
• Delivery of Products to End Customers

The Professional undertakes to deliver the Product to the Client within a timeframe consistent with that stated in the Offer.

• * * * 1. Handling returns and Product warranties

The Professional undertakes to comply with the Client regarding the legal warranty of proper delivery (Article 1604 of the French Civil Code), the legal warranty against hidden defects (Article 1604 et seq. of the French Civil Code), and the safety warranty (Article 1386-1 et seq. of the French Civil Code) towards all End Customers.

The Professional also undertakes to comply with the legal warranty of conformity towards End Customers who are consumers (Article L. 211-1 et seq. of the French Consumer Code).

• * * * 1. Warranty

The Professional is solely responsible for authorizations and declarations relating to the storage and sale of Products.

The Professional declares they have the necessary rights and authorizations for this purpose. Where applicable, the Professional declares they have previously carried out all required steps, such as authorization requests and administrative declarations.

The absence of such declarations and authorizations may under no circumstances call into question the validity of this contract.

The Professional guarantees Guadeloupe.airlocal.com against any claim that may be brought against it due to the absence of such declarations and authorizations.

ARTICLE 6. CREATION OF A DELIVERABLE

Creation of the Deliverable

Guadeloupe.airlocal.com undertakes to design and produce, or have designed and produced, a functional Deliverable. Guadeloupe.airlocal.com must provide the technical solutions needed to implement the Deliverable’s architecture and ensure its proper functioning. Guadeloupe.airlocal.com undertakes to deliver the Deliverable within 2 weeks of receipt of the Professional’s Provided Materials.

Guadeloupe.airlocal.com is bound by an obligation of means. Guadeloupe.airlocal.com may subcontract all or part of the Service.

Unless otherwise stated in the Order Form, Guadeloupe.airlocal.com is under no obligation to provide user assistance.

Delivery – Acceptance of the Deliverable

• * 1. Delivery

Where applicable, Guadeloupe.airlocal.com undertakes to deliver the Deliverable within three days, subject to proper provision of the Professional’s Provided Materials.

Delivery times may be extended if information or requests are communicated by the Professional after order approval. Any delay cannot give rise to damages, refusal of the Service, or cancellation of the order by the Professional.

However, if two months after the initially planned production date, production has not occurred for any reason other than force majeure or the Professional’s fault, the Professional may request cancellation of the order without compensation or damages.

Delivery of the Deliverable is carried out by Guadeloupe.airlocal.com by going live on the server.

When delivery is notified to the Professional by email, the production of the electronic correspondence by Guadeloupe.airlocal.com constitutes proof of delivery, unless the Professional provides proof to the contrary.

• * 1. Final acceptance

Acceptance of the Deliverable is formalized by the Professional signing an acceptance report. The Professional may submit comments within 7 days following delivery. If the Professional remains silent within this 7-day period after delivery, delivery will be deemed accepted.

Intellectual property

• * 1. Deliverable usage license

Where applicable, Guadeloupe.airlocal.com grants the Professional, on a non-exclusive basis and “as is”, a usage license for the Deliverable. The license is granted worldwide and for all languages. The license covers only the right to use the Deliverable online, excluding:

• * * * any permanent or temporary reproduction of the Deliverable made available, in whole or in part, by any means and in any form, including during loading, display, or execution of the Deliverable;
• any translation, adaptation, arrangement, or modification of the Deliverable, as well as any export or merging of it with other software applications.

Usage rights are personal and non-transferable. The Professional is not authorized to decompile or access the Deliverable’s source code. Guadeloupe.airlocal.com provides no other warranty than the material existence of the rights granted. The Professional accepts this license “as is”.

Furthermore, the Professional accepts that the Deliverable will not be physically delivered and that its source codes will never be disclosed to the Professional.

• * 1. Provided Materials

The Professional remains the owner of all Provided Materials. In this respect, they declare they have the necessary rights and authorizations to exploit the Provided Materials and undertake to indemnify Guadeloupe.airlocal.com against any action brought against it due to the Provided Materials.

• * 1. References

Guadeloupe.airlocal.com is authorized to use the Professional’s name, as well as the image of the Deliverable, for its commercial and advertising promotion.

ARTICLE 7. ORDER PROCESS

Ordering a one-off Service

• * 1. Order

To place an order, Internet Users can select one or more Services and add them to their cart. Service availability is indicated on the Site on each Service’s description page. Once the order is complete, they can access their cart by clicking the dedicated button.

• * 1. Validation of the order by the Internet User

By viewing their cart, Internet Users can verify the number and type of Services chosen, check the unit price and total price, and remove one or more Services.

If the order suits them, Internet Users can validate it. They will then access a form where they can either enter their login credentials if they already have an account, or register on the Site by completing the registration form with their personal information.

• * 1. Payment by the Professional

Once logged in or after completing the registration form, Professionals will be invited to check or modify their billing details, then make payment via a secure payment interface displaying the wording “order with obligation to pay” or similar.

• * 1. Order confirmation by Guadeloupe.airlocal.com

Once payment is received by Guadeloupe.airlocal.com, it undertakes to acknowledge receipt to the Professional by email within a maximum of 24 hours. Within the same timeframe, Guadeloupe.airlocal.com undertakes to send the Professional an email summary of the order confirming its processing and including all related information.

Ordering a Service requiring a subscription

• * 1. Subscription

To benefit from the various Services offered by Guadeloupe.airlocal.com, the Professional must take out a subscription. The Professional must provide billing information via the form provided on the Site. Subscription features (including price and initial duration) are specified on the Site.

• * 1. Subscription term

The subscription takes effect from the moment it is taken out by the Professional on the Site. The subscription term is the one stated on the Site on the subscription date.

The subscription is concluded for a fixed term. Upon expiry, it will not be automatically renewed.

• * 1. Early termination of the Subscription

In case of breach by the Professional of any provision of these general terms and conditions, Guadeloupe.airlocal.com may terminate the subscription and, where applicable, suspend the Deliverable going live until the breach is remedied. Termination due to the Professional’s fault is without prejudice to any damages Guadeloupe.airlocal.com may claim as a result of the breach.

ARTICLE 8. CLIENT’S DECLARATIONS AND OBLIGATIONS

Information provided to the Professional

The Professional declares they have received from Guadeloupe.airlocal.com all useful explanations and clarifications enabling them to use the Deliverable covered by this contract.

The Professional acknowledges that their needs and the services offered by Guadeloupe.airlocal.com are compatible and that they entered into the contract knowingly, with all necessary information allowing free and informed consent.

The Professional undertakes to inform Guadeloupe.airlocal.com of any circumstance likely to affect performance of this contract as soon as they become aware of it.

Authorizations and declarations

The Professional is solely responsible for authorizations and declarations relating to the use of the Deliverable. The Professional declares they have the necessary rights and authorizations for this purpose. Where applicable, the Professional declares they have previously completed any necessary steps, such as authorization requests and administrative declarations.

The absence of such declarations and authorizations cannot in any case call into question the validity of this contract. The Professional will remain liable, in particular, to pay sums due to Guadeloupe.airlocal.com. The Professional guarantees Guadeloupe.airlocal.com against any claim brought against it due to a lack of such declarations and authorizations.

Code of conduct

The Professional undertakes not to publish editorial content—whether in Offers, Banners, or Press Releases—on the Site that could:

• infringe or include statements contrary to public order or morality, or that could offend minors’ sensibilities;
• infringe in any way the rights to reputation, privacy, or image of a third party;
• be disparaging, defamatory, or harm the image or reputation of a brand or any person, natural or legal, in any way;
• contain pornographic or pedophilic content;
• undermine the security or integrity of any State or territory;
• enable third parties to obtain pirated software, software serial numbers, or any software likely to harm or infringe, in any way, third-party rights or property;
• infringe intellectual property rights of any person;
• incite hatred, violence, suicide, racism, antisemitism, xenophobia, homophobia, glorify war crimes or crimes against humanity;
• incite commission of a crime, offense, or act of terrorism;
• incite discrimination against a person or group based on ethnicity, religion, race, sexual orientation, or disability;
• recommend a dubious or fraudulent practice.

Guadeloupe.airlocal.com also reserves the right to refuse to publish any Offers, Banners, or Press Releases that do not meet a sufficient spelling standard. The Professional undertakes not to hinder or disrupt the Site and Guadeloupe.airlocal.com’s servers and to comply with required conditions, procedures, and general rules communicated by Guadeloupe.airlocal.com for the publication of Offers, Banners, or Press Releases.

Any illegal or generally unauthorized use of the Site will result in immediate deletion of the Professional’s account, without prejudice to any damages Guadeloupe.airlocal.com may claim.

The Professional consequently indemnifies Guadeloupe.airlocal.com against any damage it may suffer due to the Professional’s use of the Site, including legal and procedural costs, and undertakes to intervene in any legal proceedings brought against Guadeloupe.airlocal.com due to the Professional’s use of the Site.

Distinctive Signs

• * 1. License to use Distinctive Signs

The Professional grants Guadeloupe.airlocal.com, for the duration of these terms and worldwide, a non-exclusive license to use the Distinctive Signs for the purpose of creating the Deliverable.

• * 1. Warranties regarding Distinctive Signs

The Professional warrants that they are the sole owner of all intellectual property rights relating to the Distinctive Signs. The Professional indemnifies Guadeloupe.airlocal.com against any action, claim, demand, or objection by any person asserting an ownership right. In the event of a dispute, the Professional will bear all costs relating to said dispute, including legal fees.

Provided Materials

The Professional undertakes to provide Guadeloupe.airlocal.com with the Provided Materials within a maximum of 7 business days upon Guadeloupe.airlocal.com’s request. These materials must be of sufficient quality to be used as part of the Service. It is specified that drafting texts and entering manageable content are exclusively the Professional’s responsibility.

The Professional undertakes to respond as quickly as possible to any request from Guadeloupe.airlocal.com relating to creation of the Deliverable. The Professional acknowledges that their involvement and cooperation are necessary for proper performance of the contract.

Any delay or lack of diligence by the Professional may result in delivery being postponed by Guadeloupe.airlocal.com by more than one week beyond the duration of the delay or lack of diligence, without this postponement constituting a fault by Guadeloupe.airlocal.com or damage to the Professional.

Guadeloupe.airlocal.com will incorporate the Provided Materials into the Deliverable as supplied; the Service does not include editing and/or modifying the Provided Materials.

The Professional is solely responsible for the Provided Materials, and Guadeloupe.airlocal.com cannot be held liable due to the use of these materials. Guadeloupe.airlocal.com may seek indemnification from the Professional in the event of third-party claims based on the Provided Materials.

Provision of information

The Professional undertakes to provide Guadeloupe.airlocal.com with all information and documents necessary for performance of the Services within 24 hours. The Professional undertakes in particular to provide Guadeloupe.airlocal.com with the Distinctive Signs. The Professional must submit readable and understandable information and/or documents. Failing this, Guadeloupe.airlocal.com may decide not to take charge of the Service or to postpone its execution.

Responsiveness

The Professional undertakes to respond as quickly as possible to any request from Guadeloupe.airlocal.com relating to performance of the service. The Professional acknowledges that their involvement and cooperation are necessary for proper performance of the contract. Any delay or lack of diligence by the Professional may result in delivery being postponed by Guadeloupe.airlocal.com by more than one week beyond the duration of the delay or lack of diligence, without this postponement constituting a fault by Guadeloupe.airlocal.com or damage to the Professional.

Data

Data backup

The Professional undertakes to keep a copy of the Data transmitted as part of the Service. Guadeloupe.airlocal.com cannot be held liable for any loss of Data.

Data warranty

The Professional warrants that the Data provided respects third-party rights, including personal rights.

To this end, the Professional indemnifies Guadeloupe.airlocal.com against any action, claim, demand, or objection by any person asserting rights over the Data that performance of this contract might infringe.

Any indemnities and costs of any nature incurred by Guadeloupe.airlocal.com, as well as any damages awarded against it, will be borne by the Professional under this warranty.

ARTICLE 9. PRICE – PAYMENT

Price

Applicable prices are those displayed on the Site on the day the order is placed. These prices may be changed at any time by Guadeloupe.airlocal.com. Displayed prices are valid only on the day of the order and are not effective for the future.

Prices shown on the Site are in euros, excluding taxes.

Payment method

The Professional may pay by credit card. Credit card payments are made through secure transactions provided by BNP and STRIPE.

For credit card payments, Guadeloupe.airlocal.com has no access to any data relating to the Professional’s means of payment. Payment is made directly to the banking institution.

Invoicing

Guadeloupe.airlocal.com will send or make available to the Professional an electronic invoice after each payment. The Professional expressly agrees to receive invoices electronically.

Non-payment

Agreed payment dates cannot be postponed for any reason whatsoever, including in the event of a dispute.

Any sum unpaid at the due date will, by operation of law and without prior formal notice, incur late payment penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without affecting the enforceability of the principal sums due.

In addition, any late payment will result in: invoicing the defaulting Professional for recovery costs of €40; immediate enforceability of all remaining sums due regardless of agreed deadlines, increased by a penalty indemnity of 20% of the amount; and the possibility of unilateral termination of the contract at the Professional’s fault. This clause is in line with Article 1152 of the French Civil Code allowing the judge to reduce the indemnity if deemed excessive.

ARTICLE 10. CUSTOMER SERVICE

The Site’s customer service is available Monday to Friday from 9 a.m. to 5 p.m. by email at: communication.airlocal.net or by post to the address indicated in Article 1 of these general terms and conditions. In the latter two cases, Guadeloupe.airlocal.com undertakes to respond within 3 business days.

ARTICLE 11. PERSONAL ACCOUNT

Creation of the personal account

Creating a personal account is a mandatory prerequisite to any order placed by an Internet User on the Site. For this purpose, the Internet User will be asked to provide certain personal information. Some of this information is deemed essential for creating the personal account. Refusal to provide such information will prevent creation of the personal account and, consequently, validation of the order.

When creating the personal account, the Internet User is invited to choose a password. This password guarantees the confidentiality of information contained in the personal account. The Internet User therefore undertakes not to disclose or communicate it to any third party. Failing this, Guadeloupe.airlocal.com cannot be held liable for unauthorized access to the personal account.

The Professional undertakes to regularly verify the data concerning them and to update and modify it online from their personal account as necessary.

Content of the personal account

• * 1. General

The personal account enables the Professional to view and track all orders placed on the Site and to enter their information.

Pages relating to personal accounts may be freely printed by the account holder, but do not constitute admissible evidence before a court. They are for informational purposes only, intended to ensure efficient management of the Professional’s orders.

Guadeloupe.airlocal.com undertakes to securely store all contractual elements whose retention is required by law or applicable regulations.

• * 1. Publication of a public profile

Professionals are offered the option of creating a public profile on the Site. In this context, Professionals may provide certain personal information about themselves. All public profiles are subject to prior approval by Guadeloupe.airlocal.com or its moderators before their first publication online.

It is expressly understood that the Professional, by deciding to subscribe to services offered by Guadeloupe.airlocal.com and by completing the public profile form, acknowledges that this data, including their photograph, may be published on the Site and shared with other Professionals and Internet Users. The simple act of providing this information and completing the fields constitutes an express intention by the Professional to publish such information on the Site.

Professionals may stop the publication of their public profile by requesting deletion of their Professional account and termination of services, following the procedure provided for this purpose. Suspension of public profile publication will take effect within a maximum of 3 business days from receipt of the request by Guadeloupe.airlocal.com.

Deletion of the personal account

Guadeloupe.airlocal.com reserves the right to delete the account of any Professional who violates these general terms and conditions, notably when the Professional provides inaccurate, incomplete, misleading, or fraudulent information, or when the personal account has remained inactive for at least one year. Such deletion cannot be considered a fault of Guadeloupe.airlocal.com or cause damage to the excluded Professional, who will not be entitled to any compensation. This exclusion is without prejudice to Guadeloupe.airlocal.com’s right to initiate legal proceedings against the Professional where justified.

ARTICLE 12. PERSONAL DATA

As part of its service, Guadeloupe.airlocal.com may process personal data of Professionals.

Identity of the data controller

The data controller for the collection and processing of data on the Site is Guadeloupe.airlocal.com.

Collected data

• * 1. Data collected from clients

As part of its contractual relationships, Guadeloupe.airlocal.com may collect and process information about Professionals, namely: last names, first names, email address, phone number, business sector, company name, position, postal addresses, bank details, contract and order history.

• * 1. Purposes of personal data collection

Data collected during the contractual relationship are subject to automated processing for the purpose of:

• * * * performing contractual commitments;

• contacting Professionals;

• preventing illegal or unlawful activity;

• enforcing the general terms and conditions;

• if necessary, initiating legal proceedings;

• verifying Professionals’ identity;

• Legal basis for processing

The data collected are based on a contractual relationship.

• * 1. Data recipients

Collected data are accessible only by Guadeloupe.airlocal.com strictly to the extent necessary for performance of contractual commitments.

These data, whether individual or aggregated, are never made freely viewable by any third-party natural person.

• * 1. Personal data retention period

Personal data collected are stored for the duration of the contractual relationship and for the period during which Guadeloupe.airlocal.com may incur liability.

After the retention period, Guadeloupe.airlocal.com undertakes to permanently delete the data of the persons concerned without keeping a copy.

• * 1. Security and confidentiality of personal data

Personal data are stored securely, using current state-of-the-art means, in compliance with the General Data Protection Regulation and national legislation in force.

Access to Guadeloupe.airlocal.com’s premises is also secured.

• * 1. Data minimization

Guadeloupe.airlocal.com may also collect and process any data voluntarily provided by Professionals.

Guadeloupe.airlocal.com guides Professionals to provide personal data strictly necessary for performance of contractual commitments.

Guadeloupe.airlocal.com undertakes to store and process only data strictly necessary for its professional activities, and will delete any data received that is not useful to its activities as soon as possible.

Respect of rights

Professionals have the following rights regarding their personal data, which they may exercise by writing to Guadeloupe.airlocal.com’s postal address or by filling in the online contact form.

• * 1. Right to information, access, and communication

Professionals may access their personal data. Due to the security and confidentiality obligation incumbent on Guadeloupe.airlocal.com when processing personal data, requests will be processed only if Professionals provide proof of identity, notably by providing a scan of a valid identity document (for requests via the electronic form) or a signed photocopy of a valid identity document (for requests made in writing), both accompanied by the statement: “I hereby certify on my honor that the copy of this identity document is true to the original. Done at … on …”, followed by their signature.

To help them, Professionals can find here a letter template provided by the CNIL.

• * 1. Right to rectification, deletion, and the right to be forgotten

Professionals may request rectification, updating, blocking, or erasure of their personal data, which may be inaccurate, erroneous, incomplete, or obsolete.

Professionals may also define general and specific directives regarding the fate of personal data after their death. Where applicable, heirs of a deceased person may request that the death be taken into account and/or that necessary updates be made.

To help them, Professionals can find here a letter template provided by the CNIL.

• * 1. Right to object to data processing

Professionals may object to processing of their personal data.

To help them, Professionals can find here a letter template provided by the CNIL.

• * 1. Right to data portability

Professionals have the right to receive the personal data they provided to Guadeloupe.airlocal.com in a transferable, open, and readable format.

• * 1. Right to restriction of processing

Professionals have the right to request that Guadeloupe.airlocal.com restrict processing of their personal data. In this case, their data may only be stored and no longer used by Guadeloupe.airlocal.com.

• * 1. Response times

Guadeloupe.airlocal.com undertakes to respond to any request for access, rectification, objection, or any other additional information request within a reasonable time, not exceeding 1 month from receipt of the request.

• * 1. Complaint to the competent authority

If Professionals believe Guadeloupe.airlocal.com is not complying with its obligations regarding their personal data, they may file a complaint or request with the competent authority. In France, the competent authority is the CNIL, to which they can submit a request here.

Transfer of collected data

• * 1. Transfer to partners

Guadeloupe.airlocal.com uses authorized service providers to facilitate the collection and processing of Professionals’ data. These providers may be located outside the European Union.

Guadeloupe.airlocal.com has ensured beforehand that its providers implement adequate safeguards and comply with strict conditions regarding confidentiality, use, and data protection, for example via the US Privacy Shield.

Guadeloupe.airlocal.com uses the following subcontractors:

| Partner | Capacity | Destination country | Processing carried out | Safeguards | | --------- | -------------- | ------------------- | ---------------------- | ---------- | | Devforyou | Subcontractor… | Morocco | Data management | … |

• * 1. Transfer upon requisition or court decision

Professionals also consent to Guadeloupe.airlocal.com communicating collected data to any person, upon requisition by a state authority or pursuant to a court decision.

• * 1. Transfer in the context of a merger or acquisition

If Guadeloupe.airlocal.com is involved in a merger, asset sale, financing, liquidation, bankruptcy, or an acquisition of all or part of its business by another company, Professionals consent to their data being transferred by Guadeloupe.airlocal.com to that company and that company processing personal data as described in these General Terms of Service in place of Guadeloupe.airlocal.com.

ARTICLE 13. LIABILITY OF GUADELOUPE.AIRLOCAL.COM

Nature of Guadeloupe.airlocal.com’s obligations

• * 1. Provision of Services

Guadeloupe.airlocal.com undertakes to provide the care and diligence necessary to supply quality Services in accordance with the specifications of these general terms and conditions. Guadeloupe.airlocal.com is bound only by an obligation of means regarding the Services covered by these terms.

Guadeloupe.airlocal.com may temporarily interrupt the Service for maintenance purposes, without the Professional being entitled to any compensation.

In this respect, Guadeloupe.airlocal.com’s liability in connection with the Service cannot be engaged due to poor commercial results of the Deliverable.

• * 1. Creation of a Deliverable

Acceptance of the Deliverable covers apparent conformity defects and apparent defects. Any action against Guadeloupe.airlocal.com, including for hidden non-conformity or hidden defects, is time-barred one year after acceptance of the Deliverable by the Professional.

Guadeloupe.airlocal.com excludes any liability regarding reservation or use of a distinctive sign (domain name, trademark, title, trade name, corporate name, etc.) which the Professional requested it to secure.

• * 1. Provision of a marketplace

Guadeloupe.airlocal.com acts under these terms as a fully neutral technical service provider making an online electronic platform available. Guadeloupe.airlocal.com is bound only by an obligation of means regarding the service of making the online platform available.

Guadeloupe.airlocal.com plays no active role that would allow it to have knowledge or control of the Offers published on the Site. Guadeloupe.airlocal.com provides no assistance to the Professional in optimizing Offer presentation or promoting Offers. It is the Professional’s responsibility to publish and fulfill Offers and to perform their obligations toward their Client.

Guadeloupe.airlocal.com is not bound by the Professional’s obligations toward End Customers.

Force majeure – Professional’s fault

Guadeloupe.airlocal.com will not be liable in the event of force majeure or the Professional’s fault as defined in this article:

• * 1. Force majeure

For the purposes of these general terms and conditions, force majeure opposable to the Professional includes any prevention, limitation, or disruption of the Service due to fire, epidemic, explosion, earthquake, bandwidth fluctuations, failure attributable to the internet service provider, failure of transmission networks, collapse of installations, unlawful or fraudulent use of passwords/codes/references provided to the Professional, hacking, a security breach attributable to the Site host or developers, flooding, power outage, war, embargo, law, injunction, request or requirement of any government, requisition, strike, boycott, or other circumstances beyond Guadeloupe.airlocal.com’s reasonable control. In such circumstances, Guadeloupe.airlocal.com is released from performing its obligations to the extent of such prevention, limitation, or disruption.

• * 1. Professional’s fault

For the purposes of these General Terms, the Professional’s fault includes any misuse of the Service, fault, negligence, omission, or failure by the Professional or their staff, non-compliance with advice given by Guadeloupe.airlocal.com on its Site, any disclosure or unlawful use of passwords/codes/references, providing incorrect information or failing to update such information in the personal account. It also includes implementing technical processes (such as robots or automated queries) that violate the letter or spirit of these general terms and conditions.

Technical issues – Hyperlinks

If the Site cannot be accessed due to technical issues of any kind, the Professional may not claim damage or compensation. Unavailability, even prolonged and without any time limit, of one or more online services cannot constitute a prejudice for Professionals and cannot give rise to damages payable by Guadeloupe.airlocal.com.

Hyperlinks on the Site may redirect to other websites. Guadeloupe.airlocal.com cannot be held liable if the content of these sites violates applicable laws. Likewise, Guadeloupe.airlocal.com cannot be held liable if visiting one of these sites causes harm to the Internet User.

Damages payable by Guadeloupe.airlocal.com

Unless legal or regulatory provisions provide otherwise, Guadeloupe.airlocal.com’s liability is limited to direct, personal, and certain loss suffered by the Professional and linked to the failure in question. Guadeloupe.airlocal.com cannot be held liable for indirect damages such as, notably, data loss, commercial harm, loss of orders, damage to brand image, business disruption, loss of profits or customers. Likewise, and within the same limits, damages awarded against Guadeloupe.airlocal.com may not in any event exceed the price of the Service ordered.

Hyperlinks and Site Content

Site Content is published for indicative purposes only, without any guarantee of accuracy. Guadeloupe.airlocal.com cannot be held liable for omissions, inaccuracies, or errors in this information that could cause direct or indirect harm to the Internet User.

Liability as hosting provider

Data, including comments, published on the Site by the Professional are published under the Professional’s sole responsibility.

In this context, Guadeloupe.airlocal.com benefits from the status of hosting provider within the meaning of Article 6-I-2 of the French Law for Confidence in the Digital Economy of 21 June 2004. In accordance with paragraph 3 of the same article, Guadeloupe.airlocal.com cannot incur civil or criminal liability for these comments unless, once it became aware of illegal activity or information, it failed to act promptly to remove the information or make access to it impossible.

ARTICLE 14. INTELLECTUAL PROPERTY

Legal protection of Site Content

Site Content may be protected by copyright and database rights. Any illegal representation, reproduction, translation, adaptation, or transformation, in whole or in part, without Guadeloupe.airlocal.com’s consent or that of its successors or assigns, constitutes an infringement of Books I and III of the French Intellectual Property Code and may give rise to legal proceedings for counterfeiting.

Contractual protection of Site Content

The Internet User contractually undertakes toward Guadeloupe.airlocal.com not to use, reproduce, or represent Site Content, whether or not protected by intellectual property rights, for any purpose other than reading it via a robot or browser. This prohibition does not apply to indexing robots whose sole purpose is to scan Site content for indexing.

ARTICLE 15. FINAL PROVISIONS

Applicable law

These general terms and conditions are governed by French law.

Amendments to these general terms and conditions

These general terms and conditions may be amended at any time by Guadeloupe.airlocal.com. The terms applicable to the Professional are those in force on the day of the order or connection to the Site, any new connection to the personal account constituting acceptance, where applicable, of the new terms.

Disputes

Any dispute relating to this contract or in connection with it will be settled by arbitration in accordance with the rules of the Institut digital d'arbitrage et de médiation: www.fast-arbitre.com.

Entire agreement

Invalidity of one clause of this contract shall not invalidate the other clauses or the contract as a whole, which will remain in full force and effect. In such a case, the parties shall, as far as possible, replace the invalid provision with a valid provision corresponding to the spirit and purpose of these terms.

No waiver

Failure by Guadeloupe.airlocal.com to exercise rights granted under these terms shall not be interpreted as a waiver of such rights.

Languages of these general terms and conditions

These general terms and conditions are offered in French.