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CONDITIONS GENERALES D'UTILISATION (CGU) DES AVIS CLIENTS
Article 1: Definitions
Each capitalized term below has the meaning given to it in its definition in this article:
“GENERAL CONDITIONS OF USE” (GCU) means this document.
“VERDONTOURISME” refers to the company that publishes the two websites: www.verdontourisme.com www.paysgourmand.com
“CLIENT” refers to the person who has stayed in a bed and breakfast, gîte or apartment and who writes a review of this accommodation.
“VOYAGEUR” refers to the person looking for accommodation in a bed and breakfast, gîte or apartment.
“OWNER” refers to the person who owns a guest room, gite or apartment advertised on one of the VERDON TOURISME sites.
Article 2: Scope of application
CUSTOMER reviews are now a major element in the process of finding information and making booking decisions. They also offer a particularly rich source of information for owners in the continuous improvement of the quality of their services, as well as in the development of the quality of their customer relations.
This document on the reliability of the processes for collecting, moderating and returning CLIENTS’ online reviews defines all the principles and requirements implemented by VERDON TOURISME in order to process CLIENTS’ reviews credibly and fairly. The processing of notices includes the stages of collecting, moderating and returning them.
Article 3: Information for the TRAVELLER
VERDON TOURISME establishes principles and rules for the collection, moderation and return of reviews, which CLIENTS must comply with in order for their reviews to be accepted and published.
By checking a box before submitting the first notice, the CLIENT formally accepts the GENERAL CONDITIONS OF USE. He/she must also certify that he/she will only post reviews about real-life experiences, and that he/she will only attach documents (documents, photos, etc.) to his/her review that he/she actually owns and/or holds the rights to use.
Article 4: Collection process
The general aim of the survey is to gather CLIENTS’ opinions in an objective and verifiable manner. It ensures that no bias can be introduced by any stakeholder. It ensures that the CLIENT can express his opinion on his holiday experience, with full knowledge of the submission procedures and without the collection process influencing his opinion in any way.
* All CUSTOMERS can leave their opinion.
* CLIENTS must not submit their notices from the OWNER’s computer or Internet connection.
* Only a natural person (not a legal entity) can submit a notice and provide details that enable the person to be identified or contacted personally if necessary.
* No selection of CUSTOMERS based on their perceived experience (positive or negative) or their characteristics (e.g. frequent customers or subscribers).
* Authors with interests related to the subject under review may not leave an opinion (conflict of interest).
* No misrepresentation or deception regarding the object noted (the full name of the accommodation appears on the form).
* When writing a review, CLIENTS undertake to have personally experienced the stay.
* If a CLIENT regularly stays with an OWNER, that CLIENT can post a review. He will then have to wait at least six months to apply for a new one following a new stay.
VERDON TOURISME will reject notices that do not comply with these principles.
VERDON TOURISME collects information for a variety of purposes:
* Evaluate customer satisfaction with their stay.
* Compare CUSTOMER reviews of different accommodations to help TRAVELERS make booking decisions.
Article 5: Attributes of CUSTOMER notices
A CUSTOMER review must include the following attributes, which attest to the stay experience and are collected during the collection phase by :
* Identification of the CLIENT, author of the notice.
* The time stamp of the CLIENT’s notice.
* Period of stay.
* The description of the stay experience in free text in the form.
* Experience rating.
* The CUSTOMER may supply photos, which must be free of copyright. These photos may be distributed in certain cases.
The CLIENT agrees to be contacted for the purpose of verifying his or her stay.
VERDON TOURISME complies with current legislation on the protection of personal data.
In accordance with the French Data Protection Act no. 78-17 of January 6, 1978, you have the right to access, modify, rectify or delete any information concerning you by contacting VERDON TOURISME.
In this context, opinions can be spontaneous or solicited.
Article 6: Unsolicited advice
VERDON TOURISME asks Internet users wishing to post a review on its site to identify themselves and formally accept the GTU, before authorizing the publication of content.
Should VERDON TOURISME discover elements in the analysis of this information that give material reason to believe that a piece of information is misleading or incorrect, VERDON TOURISME will internally qualify the notice and put the Internet user’s profile under surveillance as suspect.
Article 7: Opinions requested
VERDON TOURISME may take the initiative of inviting people who have had the experience of a stay to leave a review online: the reviews collected are then said to be “solicited”. In this case, VERDON TOURISME does not pre-screen the people it contacts.
VERDON TOURISME may send an invitation to leave an online review of a holiday.
This invitation is at the discretion of VERDON TOURISME or the OWNER. VERDON TOURISME reserves the right not to accept the submission of a review if, in the meantime, the accommodation evaluated is no longer offered by VERDON TOURISME.
The identity of the requested TRAVELER may come from a database; otherwise, it must be collected using a form, e-mail or other device. The database may be that of VERDON TOURISME or of the OWNER.
The request for advice clearly indicates the OWNER’s identity.
VERDON TOURISME refrains from collecting or publishing opinions resulting from the purchase of opinions, either by itself or by a third party, with the aim of influencing the overall evaluation of the evaluated service.
Article 8: Collection characteristics
The identification process is limited to the processing of data collected from the CLIENT, to the exclusion of any other investigation whatsoever.
VERDON TOURISME uses a combination of the most relevant and reliable identification methods available to date in relation to the desired purpose:
* Verification by sending an e-mail asking the user to confirm his registration by clicking on a link.
* Verification by IP address.
VERDON TOURISME has put in place processes to ensure the reliability of collection by :
* Development of filtering/control tools and algorithms.
* Recruitment and training of an audit and control team.
VERDON TOURISME may ask the author of the notice for any material evidence relating to the purchase (invoice or contract with the accommodation provider).
Article 9: Collection verification process and tools
VERDON TOURISME has developed processes for verifying collected content to ensure that it complies with the principles and rules. These processes combine automated tools with manual verification processes.
The analyses carried out are based in particular on :
* Attributes collected during the process of identifying the consumer as a user of the notice management site.
* User behavior (frequency of posting, contribution history, location, etc.).
* Comparison of the member’s score with the average.
* Examination of the language used in the notice.
Based on these analyses, VERDON TOURISME immediately initiates the moderation process and the return of non-problematic content.
Indeed, speed plays a vital role in a positive user experience and in the relevance of published content. Opinions expressing the TRAVELER’s dissatisfaction with his stay are not considered as potentially problematic content.
– Potentially problematic content is passed on to the moderation team, whose job it is to identify and prevent the posting of content from :
* People who have created multiple user accounts using false information.
* People writing reviews with the aim of damaging the OWNER’s reputation.
* From any third party sending notices on behalf of an individual in order to distort a reputation.
* Any device that attempts to mask, distort or conceal its identity.
Article 10: Collection form
VERDON TOURISME provides the TRAVELLER with a questionnaire covering the stay.
VERDON TOURISME does not provide advice in one direction or another.
The CLIENT may describe his or her experience of the stay in his or her own words and language.
Article 11: Moderation process
The purpose of moderation is to ensure that the content collected complies with French law and VERDON TOURISME’s General Terms and Conditions of Use, with a view to publishing, rejecting or deleting such content.
All content relating to the consumer’s identity and to opinions collected and intended for publication are subject to moderation. All reviews are subject to the same moderation process, regardless of content.
VERDON TOURISME has set up a moderation system in proportion to the volume of reviews. All moderators and their actions are identified and traceable.
VERDON TOURISME uses automatic and human moderation.
The same moderation period applies to all reviews, whether positive or negative.
Article 12: Role and resources of moderators
Strict adherence to the moderation process described in this document ensures impartial moderation. Moderators have the capacity and means to assess the content of a review and decide whether to publish, reject or delete a consumer review.
The moderator can :
* Access the full content of the consumer review collected.
* Access all information relating to the notice submission history (number of submissions of the same notice after initial rejection).
* Access historical information about the author (number of reviews published, previous reviews).
* To be able to entrust the moderation of a consumer review to another moderator in a traceable way.
Article 13: Prior moderation
VERDON TOURISME allocates IT resources dedicated to analyzing the content of the review with the aim of verifying its appropriateness, relevance and impartiality through automation, the creation of tools and data analysis in order to deal with any problems as quickly as possible.
* Textual content containing rude, abusive or discriminatory language in the text area or in the elements relating to the CLIENT’s identity.
* Unintelligible content (meaningless sequence of signs or characters, non-existent sequence of words, etc.).
A consumer review will be moderated within seven days.
The same moderation period applies to all reviews, whether positive or negative.
Article 14: Post-moderation
The moderation process is partly automated (by a computer program) in order to detect (i.e. create an alert signaled to a moderator) and refuse CLIENTS’ notices containing illicit content or content that does not comply with the GCU.
Content that may be subject to automatic moderation includes, but is not limited to:
Specific forbidden words (such as coarse or abusive language) in the text zone or in the elements relating to the CLIENT’s identity.
unintelligible content (meaningless sequence of signs or characters, non-existent sequence of words, etc.).
Human moderation is carried out a posteriori by moderators who take note of the content of the consumer review after publication, in order to decide whether or not to delete it. However, after deletion, the consumer may submit a new, modified review.
The author of the review may exercise VERDON TOURISME’s right of withdrawal leading to the cessation of publication of his consumer review. The notice will remain in VERDON TOURISME’s databases.
Article 15: Rejection of consumer advice
The author of the opinion is informed of the rejection of his opinion and the reason for the rejection. VERDON TOURISME will then give the CLIENT the opportunity to resubmit a notice.
In the event that the posting of a review is identified as being aimed at artificially constructing or biasing the evaluation of products or services (for example, mass posting of reviews by an e-reputation company), VERDON TOURISME may inform the author of the review of the rejection of this review, but is not obliged to specify the reasons for this in order to preserve the effectiveness of its anti-fraud measures.
Article 16 : Reasons for rejecting a CUSTOMER notice
A CLIENT’s opinion may be rejected for the following reasons in particular:
* If VERDON TOURISME considers that its civil or criminal liability may be incurred.
* If the textual content contains profanity.
* If the textual content contains random characters or meaningless words.
* If the content (text, document, image, etc.) is unrelated to the graded subject.
* If the attributes of the advice contain concrete elements of conflict of interest.
* If a notice has already been submitted for the same dates by members of the same group.
* If the textual content is so poorly written as to be unintelligible.
* If a user makes an inappropriate comment about another piece of content.
* If the textual content to be published includes personal information, such as the first or last name of individuals who are not public figures, a telephone number, a precise physical address or an e-mail address.
* If the textual content includes a call for legal action.
* If the content mentions websites, hyperlinks, URLs, e-mail addresses or telephone numbers, including those of the CLIENT.
* If the text content is clearly spam.
* If the elements describing the consumer experience are not filled in.
Article 17: Feedback
The CLIENT authorizes VERDON TOURISME to publish the CLIENT’s entire review with its attributes and photos.
The First Name and/or pseudonym will be displayed on the Internet, but not the CLIENT’s Name.
The CUSTOMER’s name will only be visible to the OWNER on his private space so that he can identify him.
The refund is :
* A display of all notices except those rejected by the moderator.
* A chronological display in relation to the date of stay.
* Transparent calculation principles for aggregating scores.
* Information about the author of the notice is displayed next to each notice.
VERDON TOURISME distinguishes between profile information that is visible to the public and all information provided by the CLIENT when registering, which is only accessible to the CLIENT and the person concerned:
* Consumers have control over the distribution of their personal data.
* The settings protect the CLIENT’s privacy.
* Possibility of flagging a review as inappropriate, either by the community or by the OWNER of the property.
* The OWNER’s public right of reply is assessed for each notice.
VERDON TOURISME displays all opinions, whether positive or negative, as long as they comply with its principles and rules and have not been rejected during the opinion moderation process. VERDON TOURISME is not selective about the reviews it publishes.
Each notice is returned in its entirety. If a review excerpt is featured on the site, it will include a link to the full review containing the excerpt.
A minimum of two customer reviews is required to ensure that the customer reviews section is not too restrictive.
Next to each notice is the date on which the notice for the stay was submitted.
Article 18: Principles for calculating CUSTOMER notes
VERDON TOURISME offers the CLIENT the possibility of giving notes. All review scores are aggregated into an overall score. This overall score is based on principles of mathematical objectivity.
The overall summary score for the stays is accompanied by the total number of reviews.
The overall summary score only takes into account scores for notices submitted within less than four years.
Article 19: Validation of opinions
When the CLIENT validates a review, the owner has three days to validate the comment.
If the OWNER has not manually validated the notice before this deadline, the comment will be automatically published after three days.
If the OWNER deems this to be a false message, the CLIENT will have to prove (invoice or contract) that the stay actually took place.
Comments may also be refused if the GENERAL CONDITIONS OF USE are not respected.
Notices are returned within a maximum of seven days. Unless the moderator undertakes additional checks.
Article 20: Displaying information about the author of the notice
The TRAVELLER will be able to consult the nickname, first name and place of residence of the author of a review and his/her age range. But neither his name nor even his e-mail address are published.
Article 21: Reporting a notice
VERDON TOURISME gives OWNERS and TRAVELERS the opportunity to report, with reasons, a review (which can be seen while the review is being read) that contains illegal or inappropriate content, or that is clearly intended to damage the reputation of the accommodation in order to obtain financial or other consideration, or that contravenes the site’s GTUs.
During this period of new moderation, the notice may be marked or the publication of the notice may be suspended.
In the case of a notice recognized as illicit or inappropriate after moderation, VERDON TOURISME will remove the notice as soon as possible.
Article 22: Owner’s right of reply
VERDON TOURISME allows the evaluated owner to publicly respond to reviews free of charge in order to :
* Give your version of events.
* Thank the consumer for his or her contribution.
* Indicate any changes introduced since the notice was written.
Responses may be moderated by VERDON TOURISME under the same conditions as CLIENT reviews, in accordance with the principles and rules that are visibly indicated on the site.
The OWNERS’ replies are published within three calendar days of the request and are attached to the notice in question.
Article 23: Deregistration of an OWNER
If an OWNER rejects several CUSTOMER notices without the reasons for the rejections being included in article 16, VERDON TOURISME will be obliged to delete the owner’s notice.
Article 24: Criteria for deleting notices after publication
At the request of a reviewer, VERDON TOURISME offers the possibility of unpublishing the review, while retaining traceability for subsequent review verification purposes.
VERDON TOURISME retains personal data for no longer than is necessary for the purposes for which it was collected, in accordance with the provisions of the amended law of January 6, 1978. VERDON TOURISME takes into account the legal obligations of suppression related to the maximum duration of conservation of files containing personal data.
In the event of a change of ownership and/or complete renovation of an establishment, or a modification of its substantial characteristics, VERDON TOURISME may delete and archive notices.
VERDON TOURISME will keep a history of deleted notices, and any documents attached to notices, on the site and the reason for their deletion for a period of at least one year from the date of deletion of the notice.
Article 25: Loss of right to file a notice
In the event of identification of a CLIENT who has submitted one or more reviews recognized as illicit or inappropriate after moderation, and after having applied the procedures related to the rejection or deletion of consumer reviews, VERDON TOURISME will terminate the registration of the CLIENT concerned, and will delete all reviews related to this CLIENT.
Article 26: Circulation of notices
This document applies to reviews collected by VERDON TOURISME for the www.verdontourisme.com and www.paysgourmand.com websites. If another site were to publish these notices, it would meet the requirements of this document.
The CLIENT grants VERDON TOURISME the various rights to publish his/her comments.
Article 27: Law – Disputes – Jurisdiction
These GENERAL CONDITIONS OF USE are governed by French law. In the event of any difficulty relating to the interpretation or application of these GENERAL CONDITIONS OF USE, any dispute shall be submitted by the most diligent party to the Commercial Court, to which jurisdiction is expressly granted, even in the event of multiple defendants or third-party appeals, emergency proceedings or protective proceedings.
Article 28: Reference language
In dealings with the various parties, only the French language shall prevail, notwithstanding any restrictions.