Trading Links General Terms&Conditions

Article 1. Objective
These terms and conditions are intended to define the provisions of services on the platform of BARTER exchange within the company Trading Links for the www.trading-links.com website.
The following provisions establish the Terms and Conditions of Sale of Trading Links published by the company Hotel Links.
All access and use of the www.trading-links.com website implies the acceptance and respect of all of the terms and conditions. These terms and conditions are for individuals or legal entities.

 

Article 2. Definitions

User: Any individual or legal entity visiting the platform without being a member.

Member: Any professional corporation or legal entity that has subscribed to use the services on the platform. Only members can benefit from the advantages offered by the platform and the network.
Hotel: Property or ownership can be composed of rooms, villas, apartment, residence, bed and breakfast or cabins that are licensed and are in compliance with the local laws.
Suppliers and service providers: Means any member other than hotels

Reservation: Means the reservation of one or more night(s) booked in a hotel by a member of the network
Room night: Refers to the accommodation of a one-night stay in a hotel of the network with the same access and conditions as other clients of the member hotels.
Subscription: Refers to the right of the member who paid the corresponding price to use the exchange services
Barter Account: Refers to the personal account of the member created following registration and payment of the subscription. This account is personal, non-transferable to a third-party, and allows access to the platform through a username and a password.
Currency: The Barter Euro (B€) allows exchanges between members. This virtual currency is valued as follows:
The B€ has no legal tender and it can only be used on the Trading Links platform
The value is fixed at: 1 B€ = 1 Euro
For other values:
Barter Dollars (B$): 1 B$ = 1 Dollar
Barter Pounds (1 B£): 1 B£ = 1 Pound
For any currency other than the euro, the conversion will be done the on the same principal.
Article 3. Become a member
The members must either be a registered company or an individual. Unless further agreement between the parties, the contracts will be on a 2-year period and are renewable .

Article 4. Territoriality

The services of the Trading Links platform are accessible by any member residing in France and outside French territory.
Article 5. Conditions for access to the services
Any user who wishes to uses the services of the Trading Links platform must first register and subscribe under the following conditions:

Registration:

  • Fill out the registration form; the information given on the form must be accurate and up to date. The user must declare all rights of intellectual property or have all the licenses necessary for goods and intended benefits, if you fail to do the above you shall be responsible for the consequences and registration can be suspended. If you do not have the above, your access to the Trading Links service platform may be rejected.
  • Trading Links reserves the right, without jurisdiction to refuse access to the services to any users.
  • Once registration is accepted, the user may access his personal account to deposit their offerings, view offers subject to payment of its subscription.

 

Subscription 

  •  The user will have to pay the membership fee.

Duration:

  • Subscriptions are contracted on a two-year period, and are renewable unless terminated early by TradingLinks under "The Termination article".

Article 6. Trade of goods and services

6.1- Purpose of the platform

The Trading Links platform allows members to exchange their goods, services or overnight stays in a secure and centralized manner. The link between members on the platform allows them to optimize the exchanges via a credit system dedicated to the platform: the Barter Euro (or B$, B£)

Trading Links is not responsible for the offers published by the members of the network.

The member agrees to comply with the regulations applicable to their areas of activity and agrees to respect the rights of its employees particularly with regard to provisions of the labor of their country code. Members of Trading Links are responsible for any claim or action against them based on the content of offers and needs published by the member on the platform.

Accordingly, the member pays all damages and interests to which Trading Links would be sentenced in relation to the offers and needs published by the member on the platform.

The member agrees to present detailed offers on the platform in accordance with the legislation present and does not offer or issue a need that would be illegal, such an offer or need that:

-Reports to an illegal, illegitimate job
-Would include legal goods and/or services contrary to public order and morality
-Have the characteristics of a non-profit sale, misleading advertising, false advertising…
-Would undermine third parties in any way (image copyright, copyright, privacy, etc.)

6.2- Pricing Deals

Members undertake the responsibility to submit their offers at market price: the goods or services must be offered on the platform at their fair value and on the basis of the rates to which the members usually charges their customers.

Members who do not comply with pricing rules will be notified with a warning. In the event that this occurs more than once, members can be suspended or removed from the platform and their account will be closed without refund of any barter euros credited to their account.

Members will have the opportunity to use the platform to offer promotions or private sales. Under these conditions the pricing must be at least 15% below the price of their sales catalog.

For hotels, the price of the room that is proposed to the member shall be equal to the best room rate at the time of booking (Best Available Rate).

Once the members have indicated bids, they will be visible and available for purchase on the platform with the price specifically indicated. Members will have the opportunity to constantly change their offers and prices on the platform.

Article 7. Transactions between members

7.1 Principles

Exchanges between members will be recorded as transactions and valued in a "Barter Account".

In this context, members agree that each transactions:

Is subject to invoicing and payment between members. As such, members agree to settle invoices that comply with the recent legislation for goods, services or nights sold to another member. Trading Links cannot in any way be sought in cases of disputes between members

Be values via our exchange unit: Barter Euros (€1 B = €1) Unit of exchange except for the following exceptions

  • The two members have selected the "cash payment" option for part of the transaction
  • In the case of specific provisions related to the exit of a member of the network
  • In the case of specific provisions related to the maximum of account receivable

Members will be responsible for all of the consequences arising from the performance or non-performance of their transactions, including accounting and taxation, while Trading Links is not involved.

    • Contracts between members

After an offer is accepted on the platform, the members are responsible for writing a contract or not writing a contract for their transaction.

As a matchmaking platform and intermediary, Trading Links is not a part of the transaction or of the corresponding contract and cannot be held responsible for its content, its writing, compliance or failure of compliance with the terms thereof. Each member is responsible for the execution of the contract concluded with another member.

    • Insurance

Every member declares to be holder of a policy of insurance covering both their professional liability and civil liability of operation, covering the financial consequences which may fail due to damage caused by their staff during the execution of general conditions of sale to either party or any member during a transaction. Members agree to maintain this policy in effect for the duration of the transactions and communicate the certifications at the request of another member within a reasonable time.

7.4 Room reservation conditions for hotels
Rooms reserved with your Barter account are on the basis of one night including breakfast and does not include tourist tax.  The remaining balance is payable directly to the hotel in the local currency. Please note that the hotel reserves the right to make an electronic pre-authorization to ensure the validity of your customer's credit card on arrival. This is done to guarantee the payment of extras. Exchange rates are indicative. Rates may be subject to taxes and additional fees determined by the hotel.

    • Cancellation policy for Hotels

Each hotel will have their specific cancellation policy posted on their profile on the platform. If it is not posted, the following conditions will apply.

1 to 4 nights stay: cancellation 72H h before the date of arrival at noon local time (or penalty of 1 night). Stay of 5 nights and more: cancellation 14 days before the arrival date, at noon local time (or 30% of the entire reserved stay penalty). In case of no show or early departure the amount of one night will be charged to your account Barter Euros.

The cancellation conditions can vary depending on the offer and prices resserved.

    • Reservation Policy for children in the hotels

Each hotel posts on the platform their own policy on reservations for children, including the possibilities of extra beds or rooms.
This information could be found either on the members profile or by contacting the hotel directly.

8. Terms and use of the Barter Account
Each member of the network recognizes and accepts that any use of the Barter Account will be made under their own responsibility and it is strictly personal.
Exchanges and transactions between members on the platform are valued on the Exchange Unit of the Barter Euro. If a member chooses the method of partial payment in cash, the member is liable for all of their obligations under the terms and conditions, particularly the payment obligation of their subscription.

In any case, the balance of the Barter Account, whether negative (debit) or positive (credit ), can never be converted into euros or any other currency. Neither credit interest nor debit interest will be due on the amounts in the Barter account of a member.  

8.1 Any transaction between members creates a credit or a debit balance in their barter account. This balance can be used immediately or saved for a later time to be used between all members of the platform.
This means:
Any transaction creates a credit or debit in the prices determined by the exchange unit. Prices are discretionary by the members.
Each transaction and its value in exchange unit will generate credit for a member and a debit for the other member.
Subject to compliance with the terms and conditions, and particularly, compliance with the obligation of recording of transactions, the barter account can evolve as follows on the basis of the following transactions, (excluding the option of partial payment in cash)
A positive balance in the Barter account (called a "claim"): this claim is valid for the duration of the subscription
A negative balance in the Barter account (called a "debt"): this debt must be compensated in any way either through the platform. This can be done specifically by one or several transactions that are the equivalent your negative balance to restore your barter account to zero. This must be done within a maximum of 2 years from the first day of the start of the debt.
8.2 Debit balance
After 2 years if the member does not have a zero balance in their Barter account, Trading Links reserves the right to charge a penalty in euros in the amount equivalent to the debt.

The debt of a Barter account can never exceed the maximum overdraft amount. This maximum rate is clearly stated during the registration process of each member.

Infringements of the maximum allowed:

All current or ongoing transactions will be subject to cash payments exclusively between members until the member in debt has balanced the Barter account to zero.

The concerned members have the exclusive ability to publish offers, benefit from offers, and finalize sales without access to services and in particular, without the possibility to purchase from the platform.

Article 9. Remuneration of Trading Links – Terms of payment

9.1 Subscriptions and Commission
Registration for the Trading Links platform requires payment by a member of an amount determined on the basis of the fee schedule in effect.  The fee varies depending on the sector of activity of the Member and may be reassessed by Trading Links. These costs consist of

  • a cost to open a member account,
  •  an annual subscription fee
  • a commission on the purchase and sale transactions.

Prices are stated excluding taxes. Subscription rates will be indexed on the SYNTEC index annually.

For transaction fees, it is noted that if an invoice is set partially in cash and compensation credit (Barter €, $,£), the commission is calculated only on the amount of compensation for the buyer and the total amount of the invoice of transaction for the seller (including cash amount).

The rates will be negotiated individually between hotels, partners and suppliers. The rates can vary according to each specific case. Below is a grid indicating tariffs.

  • Rates for hotel members

a) Annual subscription

Hotel Rates

 

Number of rooms

Annual price in Euros

Less than 20 rooms

395

Between 21 and 40 rooms

590

Between 41 and 60 rooms

900

Between 61 and 100 rooms

1400

Between 101 and 200 rooms

1900

  • Account opening fees and settings

On quotation

  • Commission on transactions

Commission on transactions for hotels are settled on a quote according to the institution and ranges from 5% and 8% of the amount of the purchase or sale transaction.

  • Rates for partners and suppliers
  • Annual fee

The subscription fee to the Trading Links platform for suppliers and partners vary between 395 euros and 1900 euro per year depending on the type and the size of the company. 

  • Account opening fees and settings

On quotation

  • Commissions on transactions

Commission on transactions for hotels are settled on a quote according to the institution and ranges from 5% and 8% of the amount of the purchase or sale transaction.

9.2 Billing of the subscription and commissions

The subscription fees and account opening is payable annually at the commencement of the contract or its renewal. All payments must be made ​​within one month of its event. Otherwise , interest rates and late penalties apply as provided in the Code of Commerce (three times the legal interest rate).

The commission regulation takes place one month after the completion of the transaction exchange between members. The commission will be paid in cash to Trading Links. Trading Links will send by a monthly e-mailing including a statement of transactions of the previous month by the Member. This bill will serve as the invoice and will correspond to the amount of the commissions calculated according to the volume of purchases and sales (in cash and barter euros) made. The record will be in accordance with accounting standards.    Invoices for commission due will be issued monthly by Trading Links based on the previous months transactions.   Each Member will receive a detailed annual statement of his account including their transactions and details of fees charged.   Only payments by bank transfer, by direct debit or checks are accepted by Trading Links. Members are required to inform each other of their bank details. An invoice detailing commissions due from the previous month will be sent to members monthly.   Trading Links reserves the right to suspend or cancel any registration for non - payment of any amount owed by the Member, or payment incident.   Trading Links will apply late penalties for such delay as provided for in the Code of commerce (three times the legal interest rate).    Trading Links reserves the right to modify at any time its benefits (accession and commission) selling prices.   Article 10 Billing between members The Member must for any transaction of goods or services issue a VAT invoice. For France, this invoice must include the information provided for in Article L 441-3 of the Commercial Code . The recipient of the invoice price for the goods, services or nights in a hotel network is required to settle the VAT, the seller is required to collect VAT.

Members of other countries must comply with the guidelines in their country any comply with local laws for taxes

  Article 11. Guarantees   The provisions of Trading Links are limited exclusively to an intermediary service, i.e. at the presentation and linking of the members on the platform. Accordingly, Trading Links is independent of the members and is in no way a party to Transactions, it provides no monitoring and control, and is not required in this particular sense to a guarantee.   Article 12. Responsibilities   The services offered by the company Trading Links comply with French legislation , everything is done to ensure good performance and reliability of services offered by the platform. Liability cannot be held responsible by a member, or user in the case of demonstration of a contractual fault attributable to the company Trading Links.   Responsibility of Trading Links will be sought only if it is established that Trading Links has committed serious misconduct. Trading Links can not be held responsible for the suspension of its services in the event of force and in particular in case of interruption of service related to the transport and storage of the information or the User's computer system.   The company Trading Links cannot be held responsible for consequential losses such as damages, damage, non-conformities or shortcomings resulting from information or documents not disclosed by the Member, data corruption and / or files as well as any damage related to the benefits understood by members between the success of the transaction, customer loss, image loss, loss of profits.   Article 13. Terminations   13.1 Trading Links For serious infringements, non-compliance of ne of the clauses of these conditions of operation and sales company Trading Links reserves the right to terminate, suspend any account opened on the Web site www.trading-links.com without any compensation   Trading links reserves the right to without prior notice terminate client accounts in the event of late payment over 100 days of the amount due to Trading Links or in case of inactivity of the members account for a period greater than 200 days.   Any breach of contract to the exclusive wrongs of the Member, including the Barter euro account balance is positive will return to the company Trading Links. In the case of a Barter euro (or Dollar or Pounds) negative account, the Member has an obligation to settle the payment in Euros, Dollars or Pounds to the account of the company Trading Links within 30 days of the termination of the contract.  

13.1 Termination for Breach
In case of failure by either party to any of its contractual obligations (such as a late payment or non-payment of an invoice, the non-compliance with any of the Terms), the non-defaulting party may send a registered letter with a receipt or proof of transaction notifying the problem involved (named "Notification letter").
The non-defaulting party may cancel all or part of the contract by sending a registered letter with proof indicating the date the cancellation takes affect (named "termination letter"), if the notification letter has remained unsuccessful within a period of thirty (30) days from its mailing.
The termination shall take effect at the end of a period of 1 month following the termination letter.

 

13.2 Termination for specific cases
The subscription may be terminated in the same conditions as set above to the 12.1 by Trading Links in the case of:

Collective reports (backup, recovery, liquidation) opened against the member, unless otherwise agreed by the Parties. Maximum credit allowed is reached and/or limited period under the conditions of the article "Using Barter Account" Inactivity for a period of over 200 days In the case of an account closing, any debt from the date of the closing to the non-defaulting party will be immediately withdrawn.   13.3 Effect of Termination In the event of termination, the Member shall pay Trading Links any amount due in respect to services, including the subscription, until the termination is in effect. On the day the termination is in effect, the outgoing member must have a zero balance in its Barter account, so that there is no longer debt.  If this is not the case, the Member must comply with the following terms and conditions: Credit Barter account (positive balance) on the day of the taking effect of termination: A Member should, during the period of 1 month after the effective date of termination (hereinafter after the "adjustment period ") settle his Credence by purchasing goods or services proposed by other Members During the adjustment period, the Member is only allowed to buy via the platform. If, on the day of termination a transaction is in progress with another Member, the outgoing member shall obtain cash from the transaction. As soon as the debt is fully offset by transactions with members of the network (the balance is zero), any current Transactions will be subject to a cash payment. If at the end of this period of one month, it still remains a claim, it is considered abandoned by the Member and the concerned account Barter will be then closed.

               • Debt (negative balance) of Barter Account at the date of effect of Termination plug The outgoing Member agrees to take all measures necessary in order to settle and liquidate its debt at the effective date of termination.
If, however, the account is still in debt at the date of termination, the Member shall pay this debt amounting to the equivalent in euros, Dollars or Pounds to Trading Links as penalties. After full payment of the corresponding amount, the subscription will be terminated and the Barter account will be closed.
If at the time of such termination, a Transaction is in progress with another Member of the network, the outgoing member shall pay in cash the relevant benefits. In any case the Parties remain obliged to all the requirements in respect of the terms conditions until full payment of all amounts due and the balance of the Barter Account validated by Trading Links.

  Article 14. Confidentiality The company Trading Links is committed to ensuring the confidentiality of all information relating to members. The parties undertake the right to preserve the confidentiality of the information, they thus are to not disclose or exploit such confidential information in any other way that that required for the execution of the contract documents.   The personal information of members of Trading Links available will not be disclosed to any outside organization (private or public).   Trading Links is authorized under the strictest confidentiality to disclose conditions of subscription, as well as documents pertaining to its tax agencies of control, his accountant or auditors, its insurance broker, or court order where such disclosure is necessary to enable the implementation or prove the existence of rights under the contract documents.  

Each party agrees to keep confidential information confidential during the term of their contractual relationship. This obligation will continue three years after the termination of the subscription. Trading Links disclaims any liability for breach of confidentiality resulting from a technical failure linked to a case of force independent of his will. Under the Data Protection Act of 6 January 1978 , the Member shall have the right to access and correct personal data .

Article 15. Applicable law - Jurisdiction   The General Conditions of Sale are subject to French law. Any dispute concerning the interpretation or enforcement of these fall under the jurisdiction of the courts of the registered office of the company Trading Links.