“The Publisher”: 5 Weeks In Balloon (5WIB) is a brand owned and registered by the company ODYSSEO.
“Parties”: Refers collectively to third-party Visitor, End Client, Driver, or Operator, whether individuals or legal entities, users of the Platform.
“Platform”: Refers to the entire IT system, website, enabling the execution of a Service.
“Website”: The website available at the address https://www.5weeksinballoon.com
“End Client”: Refers to an individual or legal entity using the Publisher through the Platform. The End Client is considered the passenger.
“Driver”: Refers to an individual or legal entity responsible for transporting passengers under an order issued by the Platform. At the time of the service, the Driver must possess all legal authorizations necessary for performing the Service.
“Operator”: Refers to an individual or legal entity handling direct or indirect order management for Clients via the Platform.
“Visitor”: Internet user who uses the Publisher without creating an End Client account.
“Service”: Refers to a service or set of services provided by the Platform. The Service may be global, sequenced, or optional.
“Service Component”: Refers to the element of a Service provided via the Platform.
The legislator has defined a set of legal texts to regulate the tourism sector, and booking platforms, aiming to ensure consumer protection, transparency in commercial practices, and operator compliance with safety and quality standards. Here are some key references:
These texts, among others, form the regulatory foundation to which tourism and booking platform actors must adhere to operate legally, ethically, and safely, both nationally and internationally.
The General Terms of Use and Sale of 5 Weeks In Balloon (5WIB) define the terms of the relationship between the Parties and 5 Weeks In Balloon (5WIB).
5 Weeks In Balloon (5WIB) is a brand owned by the company ODYSSEO.
The General Terms of Use and Sale come into effect upon being posted online and apply to the Parties.
These terms are “versionable,” and their update date is available at the end of this document.
Posting online means immediate availability on the Publisher’s website.
The General Terms of Use and Sale may be adapted, modified, or revised at any time.
Only the latest version of the General Terms of Use and Sale prevails.
Generally, 5 Weeks In Balloon (5WIB) acts as a mere intermediary between the Parties, in accordance with the provisions of Article L. 3122-1 of Law No. 2014-1104 of October 1, 2014.
The Platform offers Services accessible through its Website.
A Visitor wishing to benefit from the Services offered by the Platform must first create an End Client account.
The Platform provides the End Client with the following:
The Platform provides the Driver with the following:
The Platform provides the Operator with the following:
The Parties must ensure the compatibility of their hardware and software to access the Website.
The Website is accessible at https://www.5weeksinballoon.com/
5 Weeks In Balloon (5WIB) regularly provides major and minor updates.
It is recommended to check version updates to correctly execute the Services.
The Services are available to the Parties 24/7, except in cases of force majeure, events beyond the control of 5 Weeks In Balloon (5WIB), or potential outages.
To ensure technical maintenance of the Website, 5 Weeks In Balloon (5WIB) may occasionally interrupt access.
Whenever possible, 5 Weeks In Balloon (5WIB) will inform the Visitor, End Client, or Operator of any service interruptions in advance.
In the event of Platform malfunction, the Parties cannot claim any compensatory indemnity.
5 Weeks In Balloon (5WIB) is bound by an obligation of means.
Registration is only allowed for individuals over 18 years of age with the legal capacity to enter into contracts.
However, the legal guardians of minors can register them, without 5 Weeks In Balloon (5WIB) being held responsible for their access to the Service.
The registration of a legal entity must be undertaken by an individual authorized to represent it, who must be specifically designated.
Access to the Services is reserved for the Visitor who creates an End Client account.
To create their End Client account, the Visitor must provide the following essential information: username, name, surname, or company name, mobile phone number, email, a validation code received by SMS, a password, and their payment method.
The End Client’s account is personal. Only one account may exist per End Client.
The processing of personal data held by 5 Weeks In Balloon (5WIB) is governed by the Legal Notices available on the Website.
The End Client also agrees to provide accurate, complete, and up-to-date information and not to impersonate or misrepresent third parties.
If not, they will be solely responsible for any consequences arising from the provision of false, invalid, or erroneous information to 5 Weeks In Balloon (5WIB), another End Client, or a Driver.
5 Weeks In Balloon (5WIB) is not obligated to verify the identity of the End Client and does not possess the technical and/or legal means to do so.
The End Client agrees to regularly check the information they provide to 5 Weeks In Balloon (5WIB) and not to allow any other individual or legal entity access under their identity or username.
Nevertheless, in case of doubt about the information disclosed by the End Client or upon a complaint from a third party, Visitor, another End Client, or Driver suspecting identity theft or fictitious information, 5 Weeks In Balloon (5WIB) reserves the right to:
For the Driver, access to the Platform account is operated directly by 5 Weeks In Balloon (5WIB) by appointment.
The use of the Website does not incur any fees.
The cost of telephone communications and Internet access are exclusively the responsibility of the Visitor or End Client.
Payment for the Service, at its conclusion, is made directly on the Website for immediate departure and simple reservations.
Payment is made by a valid bank card. 5 Weeks In Balloon (5WIB) systematically checks the validity of the bank card used by the End Client.
The payment for subscriptions and vehicle provision with Drivers is subject to an explicit agreement between 5 Weeks In Balloon (5WIB) and the End Client.
The amount for the Service is payable in advance and within 24 hours before the Service.
The pricing is available directly on the 5 Weeks In Balloon (5WIB) website. Prices may change without notice.
Prices for flights, accommodations, activities, and car rentals may vary depending on factors such as seasonality, demand, provider policies, and booking date.
5 Weeks In Balloon (5WIB) will strive to provide the most competitive rates available at the time of booking, based on current prices from partners.
5WIB may offer promotional rates and discounts periodically. These special offers are subject to availability and may have specific conditions, including non-refundability or restricted modification options.
Discounts and promotions are applied at the time of booking and cannot be retroactively applied to existing reservations.
Prices may include additional fees or taxes, such as local tourism taxes, service fees, or fuel surcharges. These will be clearly displayed before the client confirms the booking.Optional services (e.g., extra luggage, insurance, seat selection, etc.) are subject to additional charges, which are detailed at the time of booking.
A deposit or full payment may be required at the time of booking, depending on the service and the partner’s terms.
All prices are displayed in the selected currency, and payment must be made in that currency unless otherwise specified. Exchange rate fluctuations may apply if payments are made in a different currency.
5WIB reserves the right to correct any errors in published prices. If a price correction affects an existing reservation, the client will be notified and given the option to accept the new price or cancel the reservation for a refund.
In rare cases of significant price fluctuations due to external factors (e.g., economic changes, regulatory updates), adjustments may be applied to existing reservations.
5 Weeks In Balloon (5WIB) offers 4 types of services:
Reservation modifications (date changes, name changes, etc.) are subject to the conditions of partner providers. Clients may incur modification fees or fare differences. Certain reservations, such as discounted airline tickets, may be non-modifiable.
Cancellation conditions vary depending on the airline, accommodation, activity or car and fare selected. Cancellations may be subject to fees, or may be non-refundable for discounted tickets.
If a provider modifies or cancels part of the reservation, 5 Weeks In Balloon (5WIB) will notify the client as soon as possible and offer options to accommodate the situation.
If a reservation needs to be canceled by a provider (airline, hotel, etc.), 5 Weeks In Balloon (5WIB) will do its best to offer an equivalent alternative.
If the End Customer is downgraded, 5 Weeks In Balloon (5WIB) will reimburse the End Customer for the difference in price paid.
If 5 Weeks In Balloon (5WIB) cannot offer a workaround solution, the End Customer will be fully refunded.
If the client fails to show up for any of the reserved services (flight, hotel, activity, or vehicle rental), no refund will be issued unless special conditions allow it. No-show fees may vary depending on the partners.
Refund conditions depend on the price of the ticket purchased, the room, activity or car booked. Discounted or promotional tickets are generally non-refundable, unless otherwise stated. Refundable tickets are subject to a cancellation fee determined by 5 Weeks In Balloon (5WIB).
Refunds will be processed within 7 to 15 business days following the cancellation confirmation. Please note that the time it takes to receive the funds in the client’s account may vary depending on banks and payment methods.
In the event of exceptional circumstances or force majeure (such as natural disasters, pandemics, travel bans, etc.), 5 Weeks In Balloon (5WIB) will assess the situation with its partners to determine if refunds or reservation changes can be offered. The possibility of a refund will depend on the platform partners’ policies.
Baggage Allowances: Each service provider (e.g., airline, or car rental agency) has specific rules for luggage allowances. Clients will be informed of these details during the booking process, including the number of bags allowed, weight and size limits, and any additional fees for excess or oversized luggage.
Prohibited Items: Clients are responsible for ensuring that their luggage does not contain prohibited items (such as hazardous materials, weapons, or restricted substances). Service providers may refuse to carry luggage that violates these rules and may notify authorities if necessary.
Fees for checked or excess luggage, priority baggage handling, and oversized items may apply, depending on the service provider. 5 Weeks In Balloon (5WIB) will disclose these fees as part of the booking process. Clients are encouraged to verify these terms carefully before completing their reservation.
Passengers with Special Needs: Clients requiring assistance due to a disability or special need are encouraged to notify 5 Weeks In Balloon (5WIB) when booking to ensure necessary accommodations are in place (such as wheelchair accessibility, boarding assistance, or special seating). 5 Weeks In Balloon (5WIB) will coordinate with service providers to meet these needs to the best of their ability, but clients should verify policies directly if specific assistance is needed.
Lost or Delayed Luggage: In cases where luggage is lost or delayed, 5 Weeks In Balloon (5WIB) will assist clients in filing claims with the relevant service provider. Liability for compensation rests with the service provider according to their specific policies, and clients are advised to retain any necessary receipts or claim documentation.
Damaged Luggage: If luggage is damaged during transit, clients should report the issue immediately to the service provider’s staff at the point of arrival. Compensation or repair may be available based on the service provider’s policies.
Payment is made online via a secure payment platform (STRIPE) using a bank card.
The Client’s bank card is charged on the day of booking.
5 Weeks In Balloon (5WIB) is a registered trademark.
The domain name https://www.5weeksinballoon.com/, the verbal trademark 5 Weeks In Balloon (5WIB), and the logos of 5 Weeks In Balloon (5WIB) are protected. These elements cannot be used without the express authorization of 5 Weeks In Balloon (5WIB).
Drivers may be required to wear a representative uniform, which is also protected.
5 Weeks In Balloon (5WIB) holds intellectual property rights over the Website and the Services provided to the Visitor and the Client.
Any use not expressly authorized by 5 Weeks In Balloon (5WIB) under the general terms and conditions is unlawful, in accordance with Articles L.122-4 and L.122-6 of the Intellectual Property Code.
It is particularly forbidden for the Parties to:
Additionally, the Website is a database owned by 5 Weeks In Balloon (5WIB) and accessible to the Visitor and Client.
The Visitor and the Client have no right to reproduce, adapt, translate, or display the database beyond the strict limits defined in the general terms and conditions.
According to Articles L342-1 and following of the Intellectual Property Code, it is prohibited for the Visitor, Client, and Driver to:
5 Weeks In Balloon (5WIB) grants the Visitor and the End Client a non-transferable and non-exclusive right to use the Website and Services.
The grant of the right to use the Website and Services does not result in the transfer of any ownership rights of these to the Visitor or End Client.
The Visitor and End Client agree to use the Services for their own needs only.
5 Weeks In Balloon (5WIB) commits to exercising due diligence in the performance of the General Terms and Conditions of Use and Sale.
In this respect, for all its obligations, it is bound by an obligation of means.
5 Weeks In Balloon (5WIB) disclaims any liability in case of improper use of the Services contrary to the General Terms and Conditions of Use and Sale.
5 Weeks In Balloon (5WIB) declines all responsibility for any possible damage resulting from the unavailability of the Website or connection issues.
Likewise, 5 Weeks In Balloon (5WIB) declines all responsibility for damages resulting from a Chauffeur’s fault during the execution of the Transport Service. The Chauffeur remains solely civilly liable for any damages suffered by the End Client during the performance of the Service (in the event of a traffic accident, for instance, in accordance with the law of July 5, 1985).
5 Weeks In Balloon (5WIB) will not be held liable for any loss or damage resulting from the loss or fraudulent use of passwords or login credentials.
5 Weeks In Balloon (5WIB) is also released from any liability for delays or failures in the performance of its contractual obligations due to force majeure events as defined by the courts.
The Party considering that a force majeure event has occurred must immediately notify the other Party in writing of such circumstances and the expected duration of the event.
In any case, 5 Weeks In Balloon (5WIB) cannot be held liable for indirect and/or immaterial damages, whether foreseeable or unforeseeable (including loss of profit), resulting from the provision and/or use of the Website or the inability to use the Services offered on the Website.
5 Weeks In Balloon (5WIB) disseminates and makes available to Visitors or End Clients information provided by the Chauffeurs.
5 Weeks In Balloon (5WIB) cannot verify or guarantee the truthfulness, completeness, and accuracy of the information provided.
5 Weeks In Balloon (5WIB) shall not be held liable for any obvious or non-obvious errors, inaccurate, misleading, or erroneous information, or any lack of information whatsoever.
5 Weeks In Balloon (5WIB) certifies to the Visitor and End Client that it holds insurance covering its professional civil liability, limited to connecting the End Client with the Chauffeur providing the Service.
5 Weeks In Balloon (5WIB) will not be held responsible for material, immaterial, or bodily harm directly caused by a manifest fault of a Chauffeur performing a Service.
Any Visitor or End Client who believes that certain information available on the Website is inaccurate, illegal, or has an insulting, discriminatory, or defamatory nature is invited to submit a notification.
In accordance with Article 6. I. 7 of the Law for Confidence in the Digital Economy of June 21, 2004 (No. 2004-575), the End Client or Visitor must inform 5 Weeks In Balloon (5WIB) of any message promoting crimes against humanity, inciting racial hatred, involving child pornography, inciting violence, or infringing on human dignity.
The notification must be sent via email to contact@5weeksinballoon.com, where the End Client or Visitor will provide their full name, address, and a description of the disputed facts.
The notification must include a description of the disputed facts and their precise location on the platform, the reasons why the content should be removed, including legal provisions and factual justifications. Where possible, the Visitor or End Client should provide a copy of the correspondence sent to the author of the disputed information or activities requesting their cessation, removal, or modification, or justification that the author could not be contacted.
Visitors or End Clients submitting a notification are warned that a false report may expose them to criminal sanctions and agree to indemnify 5 Weeks In Balloon (5WIB) against the consequences of an abusive notification.
5 Weeks In Balloon (5WIB) commits to responding promptly to any notification from a Visitor or End Client that is properly made and appears to be well-founded.
5 Weeks In Balloon (5WIB) will ensure the anonymity of the Visitor or End Client, if applicable, while reserving the right to take any necessary action against them.
The General Terms and Conditions of Use and Sale are entered into for an indefinite duration and can be terminated at any time by the End Client without specific reason:
5 Weeks In Balloon (5WIB) will delete the End Client’s account upon request, provided no other transactions are ongoing.
Any termination will take effect within 15 calendar days following the date the notification was sent.
5 Weeks In Balloon (5WIB) reserves the right to temporarily or permanently disable an End Client’s registration, terminate it, and cease providing Services in the following cases:
5 Weeks In Balloon (5WIB) is registered with the Commission Nationale Informatique et Libertés (CNIL).
The registration number is available in the legal notices.
No personal data is collected from the Visitor or End Client without their knowledge by 5 Weeks In Balloon (5WIB).
In accordance with the law of January 6, 1978, on Data Processing and Liberties, all Visitors or End Clients are informed that personal data provided through forms on the Website are necessary to respond to their requests and are intended exclusively for 5 Weeks In Balloon (5WIB).
Any individual or legal entity using the Website is informed that they have the right to access and rectify their personal data with 5 Weeks In Balloon (5WIB) via email at contact@5weeksinballoon.com
The individual or legal entity may also object to the processing of their data for legitimate reasons.
The Visitor and End Client must ensure compliance with the provisions of the amended Data Processing and Liberties Act of January 6, 1978, or generally with any applicable regulations. The Visitor and End Client must, where appropriate, carry out any additional declarative steps with the CNIL or any competent entity.
The General Data Protection Regulation (GDPR) was implemented on May 25, 2018.
A cookie is information stored on the hard drive of the End Client’s or Visitor’s computer by the Site’s server or by a third-party server.
A cookie allows the storage of the choices made by a Visitor or End Client and to easily recognize the Visitor and End Client through a unique identifier.
For managing its Site content, 5 Weeks In Balloon (5WIB) uses several technologies, including the Google Analytics solution, which places cookies on the Visitor’s and End Client’s device.
The purpose of the cookies used is to:
In accordance with Article 32-II of the law dated January 6, 1978, 5 Weeks In Balloon (5WIB) informs the Visitor and End Client through a banner that continuing to browse the site constitutes consent to the installation and reading of cookies.
Cookies deposited by 5 Weeks In Balloon (5WIB) are necessary for providing a Service expressly requested by the End Client (session ID cookies, End Client authentication, etc.).
They will not require prior consent collection.
However, the Visitor or End Client can refuse the installation of cookies placed by 5 Weeks In Balloon (5WIB) on their computer’s hard drive by selecting the appropriate settings in their browser.
Additional cookies are placed by 5 Weeks In Balloon (5WIB) to carry out targeted advertising, audience measurement, or social media sharing. In such cases, 5 Weeks In Balloon (5WIB) expressly collects the Visitor’s or End Client’s consent, who may refuse the cookies placed.
Cookies are retained by 5 Weeks In Balloon (5WIB) for 12 months.
The Parties agree to keep confidential all information, regardless of its nature, concerning the other Party’s activity exchanged under these General Terms of Use and Services, and of which they became aware during the conclusion and execution of these terms, including but not limited to, technical, commercial, financial, and other information.
To this end, the Parties will take all required measures with their staff or with companies they may use to maintain the confidentiality of such information.
The Parties agree, in particular, to limit the dissemination of such information to only the members of their staff who need it in the course of their duties for the execution of these terms.
Any action for liability against 5 Weeks In Balloon (5WIB) is time-barred one (1) year after the occurrence of the potentially harmful event.
The General Terms of Use and Sale are subject to French law.
Any dispute or claim relating to the validity, interpretation, or execution of the General Terms of Use and Sale shall be settled amicably between the Parties and 5 Weeks In Balloon (5WIB).
The competent courts are those of the city of Nantes.
If one or more stipulations of these General Terms of Use and Sale are deemed null by the application of a law, regulation, or a final decision of a competent court, the other stipulations shall remain fully valid unless they are inseparable from the null provision.
The fact that 5 Weeks In Balloon (5WIB) does not exercise, at any given time, a right recognized by the General Terms of Use and Sale cannot be interpreted as an express or implied waiver of the right to exercise said prerogative in the future.
All rights reserved 2024, 2025.
Updated version as of 01/09/2024.
Any full or partial representation or reproduction made without the author’s consent or the consent of their rights holders is unlawful.
The same applies to translation, adaptation, or transformation, arrangement, or reproduction by any art or process whatsoever.
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