WhatsAppGeneral Terms and Conditions
These General Terms and Conditions (“General Terms and Conditions”) govern your use of Unique Insiders’ services. These services are accessible via our online platform, https://uniqueinsiders.com. By accessing or using the Unique Insiders platform, you agree to be bound by and comply with these General Terms and Conditions.
The Unique Insiders platform is accessible to users worldwide.
These General Terms and Conditions were drafted in English and must be interpreted according to the English version. Any translation of the General Terms and Conditions is provided for reference only. In the event of any discrepancy between the English version and a translated version, the English version shall prevail.
1. About us
Unique Insiders is a company governed by French law, registered with the Paris Trade and Companies Register (RCS) under number 991.209.586, with share capital of €50,000, whose registered office is located at 14-14bis, rue des Minimes – 75003 PARIS.
For the purposes of these General Terms and Conditions, references to “Unique Insiders”, “we”, “our” or “us” may refer to Unique Insiders and its officers, directors, employees and agents as well as Unique Insiders’ affiliated companies, distribution partners and their respective officers, directors, employees and agents, hereinafter referred to as the “Unique Insiders Parties”.
We operate the Unique Insiders platform as an intermediary platform through which activity providers or resellers (collectively referred to as “Providers”) offer for sale various travel experiences, including tours, attraction tickets and other tourist activities (collectively referred to as “Activities”). We act as the Providers’ commercial agent. This means that we facilitate bookings, but the Activities themselves are provided by the Providers, not by Unique Insiders. The Providers operate the Activities and are neither agents nor employees of Unique Insiders. Unique Insiders and the Unique Insiders Parties shall not be liable for the actions, errors, omissions, representations, warranties, breaches, negligence or faults of the Providers, nor for any damage, personal injury, death or other loss or expense resulting from bookings or the Activities. Unique Insiders is not responsible for refunds in the event of delays, cancellations by Providers, or other circumstances beyond its control. All information relating to Activities on the Unique Insiders Platform, including descriptions, photographs and associated content, is provided and maintained by the respective Providers offering these Activities. Each Provider is responsible for ensuring the accuracy of its content and for providing its Activities as described. We have no direct influence over such content.
2. Scope
2.1. These General Terms and Conditions apply to all visitors and users (collectively, the “Users”) and govern your use of its content. As soon as you use any part of the Unique Insiders Platform, you are required to comply with these General Terms and Conditions. If you do not wish to be bound by these General Terms and Conditions, please do not use the Unique Insiders Platform.
2.2. These General Terms and Conditions apply to all of our services, unless more specific terms apply to a particular service. In such cases, we will clearly inform you of the applicable terms. Any other terms not included herein, or which conflict with or differ from these General Terms and Conditions, shall not apply without our prior express written agreement.
3. What we do
3.1 When you book an Activity, the contract relating to that Activity (the “Service Contract”) is concluded exclusively and directly between you and the Provider. This means that you do not buy anything from Unique Insiders, but directly from the Provider, who is also responsible for providing the Activity. The Service Contract is concluded by us on behalf of the Provider, acting in our capacity as the Provider’s commercial agent. This means that we are mandated and authorized by the Provider to (i) conclude transactions directly between you and the Provider on behalf of the Provider, and (ii) collect payments from you in the name and on behalf of the Provider. We do not offer Activities ourselves and therefore do not become your contractual partner under a Service Contract. We do not act as an organizer, reseller or any other contractual partner under the Service Contract.
3.2. We receive a commission from the Provider for brokering the Service Contract. You acknowledge that the price displayed on the Unique Insiders platform (“Displayed Price”) or the amount you pay at checkout (“Booking Price”) includes the commission received by Unique Insiders, which is paid by the Provider in consideration for the services provided by Unique Insiders to the Provider, such as facilitation, customer service and other intermediary services.
3.3. We reserve the right to impose conditions on the use of the Unique Insiders Platform, including access to certain features, based on criteria such as payment history or the provision of supporting documents (including identity verification, proof of payment). If we suspect fraud or a violation of these General Terms and Conditions or the Service Contract, we reserve the right to restrict or cancel your bookings.
3.5. We are not required to improve, update, upgrade or continue to make available the content, features or services provided via the Unique Insiders platform. We reserve the right to discontinue our services at any time; no guarantee of continuous availability is provided. However, if you have already entered into a Service Contract with a Provider, that Service Contract applies.
4. Use of the Unique Insiders Platform
4.1. The Unique Insiders platform is provided solely for your personal, non-commercial use. Any use of the Platform for commercial, professional or business purposes is strictly prohibited. In particular, the commercial resale of tickets or any other activity intended to generate profit, whether for yourself or for third parties, is in no circumstances permitted. The use of automated systems or software, such as bots, scrapers, spiders or crawlers, to access, extract, copy or index any content or data from the Unique Insiders Platform without our prior written consent is also strictly prohibited.
4.2. Unique Insiders is committed to making the Unique Insiders Platform accessible to all users. Information regarding our accessibility standards is set out in our Accessibility Statement, available at: https://uniqueinsiders.com/en/page/unique-insiders-commitment-to-digital-accessibility
5. Customer service
As commercial agents, we assist Providers in handling customer service requests. If you have a question, a complaint or need help regarding your booking, you can contact our customer service via our Help Center, instant messaging or email. We usually respond within 24 hours, and at the latest within 48 hours.
6. Payment
6.1. The Displayed Price applies to the Activity. The Booking Price corresponds to the Displayed Price minus any applicable discount. Unless otherwise agreed, the Booking Price is payable immediately upon booking. Unique Insiders cannot issue a tax invoice for any booked Activity. However, upon request, Unique Insiders may issue a proof of payment for a completed booking.
6.2. Unique Insiders is authorized to receive amounts in the name and on behalf of the Provider in its capacity as commercial agent. Once payment has been successfully made to Unique Insiders, you have fulfilled your payment obligations toward the Provider with discharging effect.
6.3. We are your point of contact regarding the Service Contract and the related payments, in our capacity as the Provider’s commercial agent. If you wish to request a refund of the Booking Price outside of our cancellation policy, you may contact us.
6.4. You must provide truthful payment information and update it immediately in the event of any change. The permitted payment methods for the Activity will be presented to you during the checkout process. The terms and conditions of the payment service provider apply. Your payment service provider may charge additional fees. You are required to confirm to us that you are authorized to use, or have the right to use, the payment method you select. We reserve the right to make the use of the payment function or individual payment methods on the Unique Insiders platform subject to a prior creditworthiness check as required.
6.5. Payments may be processed by a company we appoint as a subcontractor for payment processing (a “sub-agent”). Such payments are subject to the same general terms and conditions as payments made directly to us, so nothing changes for you. You will also have fulfilled your payment obligations toward the Provider with discharging effect once payment has been successfully made to the sub-agent.
7. Changes, Cancellations and Refunds
7.1. You may cancel the Service Contract only in accordance with the cancellation terms set out below, in the Provider’s specific terms and conditions for the Activity (“Provider-Customer T&Cs”), in the Activity description on the Unique Insiders Platform.
7.2. To avoid any misunderstanding, all changes (for example, rescheduling the Activity date or changing participants) and cancellations must be made via the Unique Insiders Platform. You can make cancellations or changes using the form available at: https://uniqueinsiders.com Changes or cancellations must be made in due time; the concept of “due time” depends on the specific case (for example, within the applicable cancellation period) and may depend on the availability of the Activity. It is therefore very important that you carefully read all terms and conditions on the activity page or in the Provider-Customer T&Cs. The determining factor for a timely cancellation is receipt of your notice by Unique Insiders. If these conditions are met, we will issue a cancellation or change confirmation on behalf of the Provider. This confirmation will serve as proof and must be kept.
7.3. We may inform you of changes or cancellations on behalf of the Provider, including at short notice, using the phone number you provided and by sending notifications to your email address.
7.4. Cancellation terms are specified in the Activity description on the Unique Insiders Platform, in the Provider-Customer T&Cs.
7.5. Refunds following a cancellation will be made to the original payment method used to purchase the Activity.
8. Reviews and other user content
8.1. We offer you the ability to view reviews and other content published by other users on the Unique Insiders Platform. Reviews reflect the personal opinions of the users concerned at a given time and are shaped by their individual ideas and expectations. Please note that the Activity may have changed since the review or other content was published. The number of reviews and ratings should also be considered, as a single review is often less meaningful than the collective assessment of a large number of users.
8.2. You can influence the content of the Unique Insiders Platform by writing reviews of Activities you have purchased or by posting photos (together, “User Content”). You are solely responsible for any User Content you publish. It is strictly prohibited to post User Content that: (i) is false or misleading; (ii) promotes, directly or indirectly, third-party products, services or businesses; (iii) is created in exchange for remuneration paid by a third party; (iv) is created by or under the direction of the Provider that provides the Activity; (v) infringes intellectual property rights, privacy rights or any other rights of a third party; or (vi) contains links or information/similar references likely to disrupt the operation of third parties’ data processing systems.
8.3. You must ensure that you have the necessary usage rights for any image before uploading it as User Content. In particular, images or photos depicting other people may be uploaded only if those people have given their prior consent. If you wish to use photographs taken by a third party, you must also obtain that third party’s consent.
8.4. Public accessibility of User Content must not violate legal provisions, public decency or third-party rights. In particular, you may not upload or make publicly accessible any User Content containing depictions of violence, pornography, discrimination, insults, racism, defamation or any other illegal content.
8.5. You retain ownership of any User Content you create. However, you grant Unique Insiders a non-exclusive, sublicensable (at one or more levels), worldwide, fully paid-up and royalty-free license, in all media now known or later developed, to use, reproduce, adapt, translate, create derivative works from, modify, publicly perform, publicly display, transmit and distribute the User Content, including: (i) on or via the Unique Insiders Platform, (ii) on or via Unique Insiders’ distribution partners, and (iii) in online and offline marketing materials.
8.6. We may remove User Content if necessary, at our sole discretion, including where User Content violates this Section. We are not required to retain copies of User Content or to provide such copies.
9. Data protection
We collect and process your personal data in accordance with the GDPR and other applicable laws. For detailed information on how we process your data, your rights and our security measures, please consult our Privacy Policy, available at: https://uniqueinsiders.com/en/page/security-privacy
10. Severability
If any provisions of these General Terms and Conditions are or become invalid or unenforceable in whole or in part, this does not affect the validity of the other provisions. Statutory law shall replace any provisions of these General Terms and Conditions that are not included or that are invalid. If such statutory provision is not applicable in the specific case or would lead to an unacceptable result, the parties undertake to negotiate to replace the missing or invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision.
11. Termination
Unique Insiders may unilaterally terminate these General Terms and Conditions, or your access to the Unique Insiders Platform at any time upon one week’s notice. However, termination will take effect only after the performance or cancellation of all Service Contracts already established. The right to terminate for cause remains unchanged.
12. Provider – Service Contract
12.1. Conclusion of the Contract with the Provider
12.1.1 When you select and purchase an Activity on the Unique Insiders Platform, you conclude a Service Contract directly with the Provider. For the purpose of concluding this Service Contract, we act as the Provider’s commercial agent.
12.1.2. To book an Activity, you select and book the Activity, provide the required personal information and choose a payment method. By booking the Activity, you submit a binding offer to conclude a Service Contract with the Provider that will provide the Activity. Your offer remains valid for two business days. Upon receipt of your offer, we will automatically send you a booking confirmation on behalf of the Provider. You must immediately check the booking confirmation to ensure that all data has been entered correctly.
12.1.3. For certain Activities, the Provider may ask you to accept its own General Terms and Conditions of Sale as part of the booking process. By booking the Activity, you agree to be bound by such Provider-Customer T&Cs. Please read these Provider-Customer T&Cs carefully, as they may contain important information for you, including regarding cancellation options or conditions. No provision of the Provider-Customer T&Cs affects your relationship with us or our legal rights. In the event of a conflict between a provision of the Provider-Customer T&Cs and a provision of these General Terms and Conditions, the provision that is most favorable to you shall govern the relationship between you and the Provider.
12.1.4. We accept the offer in the name and on behalf of the Provider upon receipt of the booking confirmation issued in the name and on behalf of the Provider. Where applicable, you will also receive access to a voucher or ticket (either an electronic voucher or a downloadable PDF voucher/ticket) as well as a payment confirmation. We reserve the right to accept or reject contractual offers at our sole discretion.
12.1.5. The Service Contract between you and the Provider is not recorded in a separate contract. The content of the Service Contract includes the ordered product (that is, the description of the Activity you selected), the applicable provisions of this Section and, where applicable, the Provider-Customer T&Cs.
12.2. Price
12.2.1. In most cases, Displayed Prices are shown inclusive of all taxes and fees. However, additional taxes or levies may be charged locally. If additional taxes or fees are charged locally, this will be mentioned in the Activity description.14.2.2. Displayed Prices set by Providers may be subject to specific provisions, such as cancellation and refund conditions. Before booking, you must independently check whether the relevant Provider applies different conditions. The Displayed Price or Booking Price may be higher than the prices charged by Providers for an identical or similar Activity on other platforms or via other sales channels.
12.3. Provision of the Activity
12.3.1. You must arrive on time at the meeting point as indicated in the Activity description on the Unique Insiders Platform or as communicated directly by the Provider before the Activity. If you are traveling from abroad, it is your responsibility to obtain the necessary travel documents (such as a passport and visa) and to comply with all applicable health requirements and entry conditions.
12.3.2. The Booking Price does not include any type of insurance. You are required to obtain sufficient insurance coverage. We strongly encourage you to take out travel insurance, especially if you book an Activity involving outdoor or high-risk elements. We do not organize tours, do not employ guides, and do not set or verify safety standards relating to Activities.
12.3.3. Providers are independent contractors and not agents or employees of Unique Insiders. We are not responsible for the acts, errors, omissions, representations, warranties, breaches, negligence or faults committed by any Provider, nor for bodily injury, death, property damage or other damages or expenses resulting from or related to the Activity.14.3.4. For the calculation of deadlines and times, the Provider’s time zone shall prevail.
12.4 Other Rights of the Provider
12.4.1. The Provider reserves the right to cancel the Activity on the agreed date without observing the standard cancellation period if external circumstances beyond its control make it impossible, significantly hinder or jeopardize the performance of the Activity. Such circumstances include, without limitation, adverse weather conditions, governmental actions, strikes or other unforeseeable events that can be avoided only at the cost of disproportionate efforts by the Provider (including force majeure). In this case, the Booking Price paid for the cancelled Activity will be refunded. Any claim for additional compensation must be addressed to the Provider.
12.4.2. The Provider may exclude you from an Activity if (i) you do not meet the participation requirements specified on the Unique Insiders Platform, (ii) your participation would pose a danger to yourself or others, or (iii) you disrupt the course of the Activity in any way. In such cases, the Booking Price paid for the Activity will not be refunded.
12.4.3. The Provider may at any time make minor changes to the Activity itinerary if such changes prove necessary due to unforeseen circumstances. These changes may include a change of the departure point or meeting point for the Activity, provided that the new meeting point is accessible from the originally agreed meeting point within 15 minutes on foot or by public transport. Any change to the departure point or meeting point may be made up to 24 hours before the start of the booked Activity and will be communicated to you by email or displayed on the Unique Insiders Platform. You are required to regularly check your emails and the Provider’s communications in order to stay informed of any updates. In the event of conflicting information, the details provided by the Provider in its email shall prevail.
13. Final provisions
13.1. We may use Unique Insiders subsidiaries and third parties as agents to perform obligations and exercise rights arising from these general terms and conditions.
13.2. We reserve the right to amend or adjust these General Terms and Conditions in the future, in particular to take into account legal developments, market conditions or to remedy any regulatory gaps. We will inform you of such changes in due time and in an appropriate manner. If you object, we may terminate your access to the Unique Insiders platform with immediate effect.
13.3. All notices and other statements made under these General Terms and Conditions must be made in writing (for example, by email).
13.4. The provisions of the United Nations Convention on Contracts for the International Sale of Goods do not apply to these General Terms and Conditions or to any purchase made under them.
13.5. The contract between you and us is formed and concluded in Paris, France.
13.6. In these General Terms and Conditions, (i) “including” means “including, but not limited to”, (ii) general terms must not be given a restrictive interpretation because they are preceded by terms designating a particular category of acts, matters or things, and (iii) terms used in the singular also include the plural, and vice versa. The titles and section headings used in these General Terms and Conditions are provided for convenience only and must not be used for the interpretation of these General Terms and Conditions.
Annex A
Clauses applicable to residents of all countries (except residents of the United States)
A1. Scope.
These General Terms and Conditions are intended exclusively for consumers within the meaning of the preliminary article of the French Consumer Code.
A2. Liability.
A2.1. Subject to the provisions below, our maximum liability arising from or in connection with the performance of our contractual obligations toward you is limited to the typically foreseeable loss resulting from a negligent breach of a material contractual obligation. A “material contractual obligation” within the meaning of these General Terms and Conditions is an obligation whose performance is essential to the proper performance of these General Terms and Conditions and whose breach jeopardizes the purpose of these General Terms and Conditions and its performance, on which you, as a user, may regularly rely. Loss or damage is generally foreseeable if it was reasonably foreseeable at the time these General Terms and Conditions were accepted. We exclude our liability as well as that of our vicarious agents for damages resulting from a negligent breach of a non-material contractual obligation.
A2.2. Nothing in these General Terms and Conditions excludes or limits our liability or that of our agents or employees in the event of gross negligence, intentional misconduct, death, personal injury or fraud. Likewise, any broader mandatory statutory rights you have as a consumer remain unchanged
A2.3. The above limitations of liability do not apply in cases where we fraudulently concealed a defect relating to the Unique Insiders Platform or expressly guaranteed a specific feature.
A2.4. We will not be liable for any failure or delay in performance caused by events beyond our reasonable control (“force majeure”), including, without limitation: failure of electronic or mechanical equipment or communications, actions of third parties (including denial-of-service (DoS) attacks and excessive or abusive use of the Unique Insiders platform), telephony problems or other connectivity issues, computer viruses, unauthorized access, theft, operator errors, fire, extreme weather conditions including floods, regulatory or other acts of regulatory, governmental or supranational authorities, war, riots or labor disputes.
A3. Indemnification.
You agree to indemnify and hold harmless Unique Insiders and the Unique Insiders Parties (as defined in the General Terms and Conditions) from and against any losses, damages, liabilities, costs and expenses, including reasonable legal fees (“Damages”), arising from or in connection with:
a) your intentional or negligent misrepresentation, act or omission in connection with your use of the Unique Insiders Platform;
b) your intentional or negligent failure to comply with these General Terms and Conditions;
c) your violation of any applicable law or regulation; or
d) third-party claims arising from or in connection with your access to or use of the Unique Insiders Platform that intentionally or negligently infringes these General Terms and Conditions.
Damages include, without limitation, any amounts that Unique Insiders or its affiliates are required, or become liable, to pay to employees, contractors, agents or other third parties under applicable law as a result of the matters described above. For clarity, your indemnification obligation applies only to the extent that the relevant loss, claim or liability was directly caused by your intentional or negligent act, omission or breach of these General Terms and Conditions.
A4. Online dispute resolution.
The European Commission’s online dispute resolution platform is accessible via https://ec.europa.eu/consumers/odr/main/?event=main.home2.show. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
A5. Governing law.
To the extent permitted by the mandatory local law (consumer law) of the country in which you reside, these General Terms and Conditions and our services are governed by French law.
A5.1. Jurisdiction for EEA residents. If your habitual place of residence is within the EEA (European Economic Area), the following provisions apply: to the extent permitted by mandatory local law (consumer law), any dispute shall be submitted exclusively to the competent courts of Paris, France.
A5.2. Jurisdiction for residents outside the EEA and outside the United States. If your habitual place of residence is outside the EEA (European Economic Area) and outside the United States of America, the following provisions apply: Any dispute shall be subject exclusively to the jurisdiction of the courts of Paris, France.
Annex B (Clauses applicable only to residents of the United States)
B1. Indemnification
You agree to defend, indemnify and hold harmless Unique Insiders and the Unique Insiders Parties (as defined in the General Terms and Conditions) from and against any liability, damages, fines, penalties, settlements, losses and expenses of any kind (including reasonable attorneys’ and accountants’ fees, court costs and taxes) incurred or suffered in connection with:
your failure to comply with these General Terms and Conditions ;
your misuse of the Unique Insiders Platform, including your User Content ;
your failure to comply with the Provider-Customer Terms and Conditions ;
your violation of any applicable law or regulation ;
your violation of or infringement of the rights of a third party ;
your negligence or intentional misconduct.
B2. Limitations of liability of Unique Insiders
To the fullest extent permitted by applicable law, Unique Insiders or the Unique Insiders Parties shall not be liable, under any circumstances, for:
ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING DAMAGES RELATING TO LOSS OF DATA, PROFITS, REVENUE OR THE COST OF ACQUIRING SUBSTITUTE GOODS OR SERVICES, WHETHER BASED ON TORT LIABILITY (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF BUSINESS, PROFITS, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER OR NOT WE HAVE BEEN ADVISED OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF UNIQUE INSIDERS IS FOUND LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF THESE GENERAL TERMS AND CONDITIONS (INCLUDING YOUR USE OF UNIQUE INSIDERS’ SERVICES, YOUR PARTICIPATION (OR NON-PARTICIPATION) IN AN ACTIVITY OR A BODILY INCIDENT), UNIQUE INSIDERS’ LIABILITY SHALL IN ANY EVENT BE LIMITED, IN THE AGGREGATE, TO THE GREATER OF (A) THE AMOUNT PAID TO UNIQUE INSIDERS IN CONNECTION WITH THE ACTIVITY GIVING RISE TO THE CLAIM (IF ANY), OR (B) FIVE HUNDRED U.S. DOLLARS (US $500.00).
In no event shall we be liable to you for the acts or omissions of a Provider.
The limitation of liability set out in Section B1.2 does not apply to liability resulting from our gross negligence or intentional misconduct.
THE FOREGOING PROVISIONS DO NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
B3. Warranty disclaimers
The Unique Insiders Platform, its content and any service obtained via the Unique Insiders Platform are provided “as is”, without any warranty of any kind, express or implied. We do not warrant that (i) the Unique Insiders Platform will meet all of your requirements or that its performance will be uninterrupted, virus-free, secure or error-free, or that (ii) the content of the Unique Insiders Platform will be complete, accurate or free of technical defects or modifications by unauthorized third parties. We are not responsible for the accuracy or completeness of data provided by Providers.
YOUR USE OF THE UNIQUE INSIDERS PLATFORM, ITS CONTENT AND ANY SERVICES OR ELEMENTS OBTAINED THROUGH THE UNIQUE INSIDERS PLATFORM IS AT YOUR OWN RISK. NEITHER UNIQUE INSIDERS NOR ANY PERSON ASSOCIATED WITH UNIQUE INSIDERS MAKES ANY WARRANTY OR REPRESENTATION AS TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE UNIQUE INSIDERS PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER UNIQUE INSIDERS NOR ANYONE ASSOCIATED WITH UNIQUE INSIDERS REPRESENTS OR WARRANTS THAT THE UNIQUE INSIDERS PLATFORM, ITS CONTENT, OR ANY SERVICE OR ELEMENT OBTAINED THROUGH THE UNIQUE INSIDERS PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE UNIQUE INSIDERS PLATFORM OR ANY SERVICE OR ELEMENT OBTAINED THROUGH THE WEBSITE WILL MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNIQUE INSIDERS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING PROVISIONS DO NOT AFFECT ANY WARRANTY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
B4. Activity-related responsibilities
B4.1. Bodily incidents. You (and any other person for whom you booked an Activity (a “Co-traveler”)) acknowledge and agree that Activities are provided by Providers, not by Unique Insiders or the Unique Insiders Parties. Providers are independent third parties that are not under the control of Unique Insiders or the Unique Insiders Parties. In the event of injury, death or loss suffered by you or a Co-traveler during or in connection with an Activity (a “Bodily Incident”), you agree to seek compensation directly from the Provider that provided the Activity, and not from Unique Insiders or the Unique Insiders Parties.
B4.2. Release. Unique Insiders is not responsible for the actions or information of third parties, and you release us from any claim or damage, known or unknown, arising from or in connection with any claim you may have against such third parties. YOU, FOR YOURSELF AND ANY CO-TRAVELER, HEREBY RELEASE THE UNIQUE INSIDERS PARTIES FROM ALL CLAIMS, DEMANDS, CAUSES OF ACTION, OBLIGATIONS, DAMAGES AND LIABILITIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES), WHETHER PRESENT OR FUTURE, KNOWN OR UNKNOWN, IN CONNECTION WITH A BODILY INCIDENT.
B4.3. Unknown claims. Section 1542 of the California Civil Code provides as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You acknowledge that you have read and understood this provision. You specifically and expressly WAIVE any right you may have under Section 1542 of the California Civil Code (or any similar provision) with respect to the release set forth in this section. You acknowledge that this waiver is an essential and substantial condition of these General Terms and Conditions.
B4.4. Covenant not to sue. You agree never to initiate, pursue or cause to be initiated or pursued against Unique Insiders or the Unique Insiders Parties any action at law or in equity, or any other proceeding (including arbitration), based on a Bodily Incident. If any such prohibited action or proceeding is initiated, these General Terms and Conditions may be invoked as a full and complete defense.
B4.5. Third-party beneficiaries. The Unique Insiders Parties are expressly designated as third-party beneficiaries of this Section B3. Each of the Unique Insiders Parties has the right to enforce this Section B3 against you with respect to its rights as a third-party beneficiary.
B5. Arbitration
Please read this Section B5 carefully, as it may affect your rights. This section provides for the resolution of most disputes through arbitration rather than in court. Arbitration is more informal than a lawsuit, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and is subject only to very limited judicial review. This Section B5 will survive termination of your Unique Insiders Account.
B5.1. Binding arbitration. This provision must be interpreted broadly so as to encompass all disputes or claims arising out of or relating to the Unique Insiders Platform, our services, these General Terms and Conditions, and your relationship with us (or our parent, subsidiary or affiliate), whether based on contract, tort, statute, fraud, misrepresentation or any other legal theory, including the interpretation and scope of this arbitration clause and the arbitrability of a dispute (collectively, “Claims”). All Claims shall be resolved by binding arbitration, except where they are expressly excluded from arbitration as set out in Section B5.4.
B5.2. Right to opt out. Notwithstanding Section B5.1, you may opt out of binding arbitration by sending us written notice before the opt-out deadline. The opt-out notice must be sent no later than thirty (30) calendar days after the earliest of: (i) the date of your first use of the Unique Insiders Platform, (ii) the date of your first use of our services, or (iii) the date of your first transaction with us (“Opt-Out Deadline”).
The written notice must be sent to the following address:
Unique Insiders 14-14bis, rue des Minimes – 75003 PARIS.
Any opt-out notice received after the Opt-Out Deadline (with an additional three (3) day grace period for postal delivery) will not be valid, and you will be required to submit your claim to arbitration or small claims court.
B5.3. Governing law for this clause. The parties agree that these General Terms and Conditions constitute a transaction involving interstate commerce of the United States, and that this arbitration clause shall be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, to the exclusion of any state law.
B5.4. Excluded claims. The following claims are not subject to binding arbitration and may be brought in a court of competent jurisdiction (as set out in Section B6): (i) any claim or cause of action alleging infringement, misappropriation or violation of copyrights, trademarks, trade secrets, patents or other intellectual property rights; (ii) any request for emergency relief based on exceptional circumstances (for example, imminent danger of crime, hacking or cyberattack); or (iii) a request for public injunctive relief, if such relief is available and cannot be waived under applicable law. In addition, either party may bring an action in small claims court, if the claim qualifies, subject to the limitations set out in Section B6.
B5.5. Pre-dispute procedure. For all disputes, whether brought in court or in arbitration, you and we agree to first send the other party a written and signed (handwritten or electronic signature) description of the claim, via a form available on Contact us ⎸Unique Insiders, in order to give the parties the opportunity to resolve the dispute. If we intend to pursue a claim against you, we will send notice to your last known postal or email address. You or we may initiate arbitration proceedings if the claim is not resolved within 60 days of receipt of the claim. You and we agree to participate in good faith in this pre-process, including by providing the documentation necessary to substantiate the validity of the claim. This pre-arbitration process is a condition precedent to initiating arbitration or filing suit in court, and proof of compliance with this requirement must accompany any filing.
B5.6. Arbitration procedure. Arbitration of any dispute or claim will be conducted (i) before a single neutral arbitrator, (ii) in English, (iii) under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) in effect on the date the claim is filed, available at www.adr.org. Information on how to file an arbitration demand is available at www.adr.org. The AAA will review any arbitration filing for compliance with the pre-requirements of Section B5.5 and will dismiss the demand if the claimant does not provide competent proof of compliance with these requirements. Neither party is permitted to make an application under 28 U.S.C. § 1782. The seat of arbitration will be New York, New York, United States; accordingly, if there is an in-person hearing, it will take place in New York or, at your choice, in your state of residence, unless the arbitrator decides otherwise. The arbitrator may award only those damages permitted herein, subject to applicable exclusions or limits. The arbitral award will include arbitration costs, reasonable attorneys’ fees and reasonable costs of experts and other witnesses. Any arbitration proceeding will be confidential, and neither you nor we may disclose the existence, content or outcome of the arbitration, except as required by law or for purposes of enforcing the award. Any arbitral award may be entered in any court of competent jurisdiction. For claims under $25,000, arbitration will proceed without a personal appearance, based on written submissions, unless you expressly request an in-person, telephonic or video hearing, or the arbitrator deems it necessary. Telephone or video hearings are preferred, unless the arbitrator considers that an in-person hearing is indispensable to ensure fair treatment.
B5.7. Mass arbitration. If 25 or more arbitration demands are filed in a calendar year involving the same subject matter or common questions of law or fact, the AAA’s supplementary rules for mass arbitration apply. However, if 1,000 or more mass demands are filed pursuant to this Arbitration Agreement, the relative advantages of arbitration may be lost. In that case, you or we may elect to resolve the claims through a class action in the state or federal courts of New York, NY. In that case, you and we agree not to oppose the filing of such a class action, without waiving any procedural or constitutional rights, including the right to challenge class certification under Rule 23 of the Federal Rules of Civil Procedure.
B5.8. Class action waiver.
YOU AND WE EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. WE WAIVE THE RIGHT TO PROCEED IN COURT, INCLUDING TO HAVE OUR DISPUTE RESOLVED BY A JURY.
If a court or arbitrator determines, in a proceeding between you and us, that this class action waiver is unenforceable, this Section B5 will not apply to you. If you exercise your right to opt out of binding arbitration in accordance with Section B5.2, this waiver does not apply to you. Neither you nor any other consumer may be a representative, class member or otherwise participate in any class, consolidated or representative action without having exercised the right to opt out of binding arbitration in accordance with Section B5.2.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will remain in effect.
B6. Governing law.
Except as otherwise provided in Section B5.3, these General Terms and Conditions are governed by the laws of the State of New York, without regard to conflict of laws rules. If application of New York law to the dispute is prohibited by applicable local laws, then the laws of your country, state or place of residence will apply to govern the dispute.
B7. Venue.
Any lawsuit, action or judicial proceeding arising out of these General Terms and Conditions or our services (including (i) any proceeding initiated by a User who exercised the right to opt out of binding arbitration in accordance with Section B5.2, and (ii) any proceeding in small claims courts) will be subject to the exclusive jurisdiction of the state and federal courts located in Kings County, New York. Each party irrevocably consents to the personal jurisdiction of those courts, acknowledges that this is an appropriate forum, and agrees not to seek to transfer the action or proceeding to any other forum or jurisdiction, including under the doctrine of forum non conveniens or otherwise.
B8. Jury waiver.
IF, FOR ANY REASON, A CLAIM IS BROUGHT IN COURT RATHER THAN SUBMITTED TO ARBITRATION, YOU AND WE EACH WAIVE ANY RIGHT TO A TRIAL BY JURY.