General Terms and Conditions of Sale

These General Terms and Conditions of Sale (GTCS) apply to the use of the Tourbiz software, published by Welcome Management Systems (WMS), a SAS with a capital of 3,000 euros, registered with the Paris RCS under number 492 533 583, with its registered office at 30 Cours Albert 1er, 75008 Paris.

1. Definitions

  • Tourism Products: Any commercial or cultural service offered via the Tourbiz platform, including but not limited to: guided tours, leisure activities, attractions, events, accommodation, vehicle rentals, transfers, transport, culinary experiences, cruises, ticketing, and other tourism-related services.

  • Client: Any professional who has subscribed to a Tourbiz offer.

  • User: A person authorized by the Client to access the Services.

  • Services: All functionalities provided via the Tourbiz platform.

  • Platform: The software infrastructure accessible via the internet, operated by WMS.

  • Client Content: All data (text, images, rates, schedules) published by the Client on Tourbiz.

  • OTAs: Third-party booking platforms such as Viator, GetYourGuide, etc.

  • Special Conditions: Specific subscription terms appearing in the quote or order form.

  • Security Incident: Unauthorized access or data loss.

  • GDPR: General Data Protection Regulation (EU 2016/679).

  • Account: Secure personal space assigned to the Client to access Services via the Platform.

  • Back-office: Administration interface reserved for the Client to manage Tourism Products, bookings, content, and users.

  • Subscription: The commercial offer chosen by the Client, including one or more Platform Modules, according to the Special Conditions.

  • Modules: Software functionalities that can be activated individually as part of the Subscription.

  • Service Credits: Discounts or compensations calculated according to the SLA, applicable to the Client’s future invoices.

  • Tourbiz Marketplace: Optional Platform feature allowing different Clients to collaborate, resell, or combine their Tourism Products within a common ecosystem.

2. Scope of Application

These GTCS apply to any Client accessing Tourbiz Services. They prevail over any other document, unless expressly agreed otherwise in writing.

3. Description of Services

3.1. Free Trial WMS may offer promotional, time-limited free access to the Tourbiz solution (“Free Trial”). This access is subject to these GTCS. Unless a paid subscription is started before the trial ends, access will be automatically terminated without notice. WMS reserves the right to terminate a Free Trial at any time without justification.

3.2. Platform Functionalities Tourbiz is a SaaS software designed for tourism and culture professionals to create, manage, sell, and distribute Tourism Products. Services include:

  • Access to a management and sales system (the “Software”).

  • Marketplace connectivity for packaging and reselling (if activated).

  • Access to external distribution channels (OTAs).

  • Affiliation and cross-promotion tools.

  • Web integration and merchant site creation tools.

4. Account Creation

Accounts are strictly for professional use by individuals aged 18 or over. The Client is responsible for the accuracy of information and the confidentiality of login credentials.

5. Rights of Use

Tourbiz is provided under a non-exclusive, non-transferable license for the duration of the contract. Any copying, distribution, or decompilation is prohibited.

6. Client Obligations

The Client agrees to:

  • Maintain a compatible technical environment.

  • Use Services exclusively for professional tourism/cultural activities.

  • Ensure the legality of published content.

  • Perform their own data backups.

  • Provide first-level support to their own end-users.

  • Allow WMS to use their name/logo for commercial references (unless otherwise requested in writing).

7. Integration with Third-Party Services

WMS provides technical connectors to third-party services (OTAs, Payment Service Providers like Stripe, Adyen, etc.). The Client is solely responsible for their relationship with these third parties. WMS does not guarantee the continuity of these third-party integrations.

8. Security and Availability

WMS implements industry standards for security.

8.1. Service Level Agreements (SLA)

  • Availability Target: 98% per calendar month (excluding planned maintenance).

  • Service Credits: If availability falls below the target, credits are applied to future invoices (e.g., 10% credit for <98%, 30% for <90%).

  • Termination Right: If availability is ≤50% for one month or ≤75% for two consecutive months.

9. Financial Conditions

9.1. Remuneration Subscription plans (Freemium, Intermediate, Advanced, Enterprise) include fixed monthly fees (from €0 to €249) and variable fees based on turnover or transactions. 9.2. Price Adjustments WMS may revise prices with 30 days’ notice. Existing clients are affected upon renewal. 9.3. Billing Invoiced monthly within 7 business days following the month of service. 9.4. Payment Defaults Payment is due within 7 business days. Late interests apply at 9 points above the base rate. Access may be suspended after two consecutive unpaid months.

10. Intellectual Property

WMS retains exclusive ownership of the Tourbiz software. The Client retains ownership of “Client Data” but grants WMS a free license to use it for the execution of the contract. Reverse engineering is strictly prohibited.

11. Personal Data (GDPR)

WMS acts as a Data Processor on behalf of the Client (Data Controller). Data is primarily hosted in France or the EU. A Data Processing Agreement (DPA) governs these interactions.

12. Duration and Termination

Initial term of 12 months, tacitly renewable for successive 12-month periods unless terminated with 3 months’ notice. Serious breaches (e.g., non-payment) allow for immediate termination.

13. Confidentiality

Parties agree to keep technical, commercial, and financial information confidential during the contract and for 5 years thereafter.

14. Liability

WMS’s liability is limited to indirect damages exclusion and a global cap equal to the total fees paid by the Client in the 12 months preceding the claim.

15. Notifications

Legal notices must be sent via registered mail with acknowledgement of receipt to: Welcome Management Systems – 30 Cours Albert 1er, 75008 Paris, France. Ordinary communications may be sent via email to contact@tourbiz.fr.

16. General Provisions

  • Force Majeure: Relief from obligations in case of events beyond control (Art. 1218 Civil Code).

  • Assignment: The contract cannot be assigned without WMS’s prior written consent.

  • Modifications: WMS may modify these GTCS with 30 days’ notice.

17. Governing Law and Jurisdiction

These GTCS are governed by French Law. Any dispute shall be submitted to the Commercial Court of Paris.