Smile Angels Programme Regulations
Updated on 8 September 2017
This edition supersedes and replaces previous versions.
The Smile Angels Programme is offered by H-Résa, a single-member limited liability company registered in the Paris Trade and Company Register with no. 792 780 314, with offices at 2871 Avenue de l’Europe, 69140 Rillieux la Pape, recorded in the Tour and Travel Operators Register with Atout France, located at 79/81 rue de Clichy 75009 Paris, with no. IM069130011, and which holds an insurance policy with Allianz, 87 rue Richelieu - 75002 Paris.
Before becoming a member of the Programme, you must indicate your acceptance of these special terms by ticking the box or by clicking on the hyperlink provided for this purpose. It is technically impossible to continue the membership process without accepting these terms. Any travel agent who wishes to become a member of the rewards programme must agree to be aware of and accept the content of these membership terms. Completing the membership process therefore implies express acceptance of these terms by the travel agent.
1. DEFINITIONS
‘Member’ refers to the travel agent, a natural person of legal age actively engaged in their profession who has joined the Programme and possesses an identifier and personal account. As prerequisite, the Member has to be a travel agent using in professional basis one of the Partners referred in the Programme. Failing, the Company reserves the right to delete the account and to refuse the earnings of the Travel Point.
‘Travel Agency’ refers to a travel agency registered in the trade register and recorded with Atout France that holds a public liability insurance policy and a financial security.
‘Shop’ refers to the internet site where Members may use their Travel Points to purchase the Gifts available.
‘Gifts’ refers to all available material goods, coupons, and gift certificates whose value in Travel Points is shown in the Shop.
‘Check-in’ refers to the Client’s successful registration with the Partner.
‘Client’ refers to the legal or natural person that is one of the Member’s clients and has booked a reservation with our Partners through this Member.
‘Regulations’ refers to these general use terms applicable to the Programme.
‘DROM COMs’ refers to all French Overseas Departments and Regions and Overseas Communities (Départements et Régions d’Outre-Mer et Collectivités d’Outre-Mer).
‘Merchant’ refers to the operating company in charge of the commercial management of the Programme.
‘Partners’ refers to the tourist service providers that make available to Members the Products whose sale allows Travel Points to be accumulated.
‘Products’ refers to the tourist services available to Members whose sale allows Travel Points to be accumulated.
‘Programme’ refers to the rewards and incentive programme that any physical travel agent can join, and which is offered by the Company.
‘Website’ refers to the site managed and run by the Merchant for the operation of the Programme.
‘Company’ refers to the travel agency H-Résa, a single-member limited liability company registered in the Paris Trade and Company Register with no. 792 780 314, with offices at 2871 Avenue de l’Europe, 69140 Rillieux la Pape, recorded in the Tour and Travel Operators Register with Atout France, located at 79/81 rue de Clichy 75009 Paris, with no. IM069130011, which holds an insurance policy with Allianz, 87 rue Richelieu - 75002 Paris.
‘Travel Points’ refers to the points collected by each Member in accordance with the terms set forth in these Regulations.
‘Sale’ refers to the Client’s reservation of a Product with the Member. A Sale is effective once the Client’s departure date has passed and when the payment has been made in full. The sale will not be counted when the Client cancels their reservation or does not complete their payment.
2. PROGRAMME MEMBERSHIP
The Programme lets all Members accumulate Travel Points through the Sale of Partners’ Products to their Clients.
2.1 Types of Membership
The Programme is open to all natural persons of legal age working as travel agents with a Travel Agency with offices in French territory (including DROM COMs) and a certificate of activity.
Membership in the Programme is free and continuous.
A Member who wishes to join the Programme must first access the Programme’s Website. The Member then duly completes the membership form and chooses a login and a personal and confidential password that they should be able to keep. Membership in the Programme is subject to agreement to these Regulations and to the Merchant’s general terms of sale.
2.2 Personal Account
Members join on their own behalf. Therefore, the Member will see to it that personal information for enrolment is correctly spelled and transmitted. Any negligence on the Member’s part shall not be attributed to the Company.
The Member’s account is personal and non-transferable.
In the event of account inactivity or the death of the Member, the Company reserves the right to close the Member’s account within a period of six months after the expiration of the Member’s last points.
The Company reserves the right to conduct an audit of the Member’s account at any time. Therefore, the Member agrees to send all documents requested by the Company that are needed to authenticate the Member and verify the data transmitted.
2.3 Termination of Membership
The Member may terminate their membership at any time by submitting a written request using the contact form.
Travel Points are automatically lost once the request for termination has been made.
3. EARNING TRAVEL POINTS
3.1 How to earn Travel Points
Members accumulate Travel Points:
a) By opening an account. A certain number of Travel Points are credited to the Member for free.
b) By selling the Partner Products offered. For every Sale of a Product, Travel Points are credited to the account.
To accumulate Travel Points, the Member must go to the Smile Angels website and declare the sale in the tab ‘déclarer ses dossiers’ (declare your files).
With every Sale of a Product, Travel Points are accumulated in the Member’s account, with the status listed as ‘Pending’ until the Client’s departure date. One the Client has checked in with the Member, the Travel Points accumulated in this sale are validated by the Company and will appear with the status ‘Validated’.
In the event that the Client cancels or contests the reservation (non-payment), the Travel Points accumulated by the Member will appear as ‘Cancelled’.
c) By participating in events and challenges organised by the Company. The scale for calculating Travel Points will be determined and announced by the Company for every event.
d) By registering certain personal information that let you collect Travel Points.
Any attempt to acquire or use Travel Points fraudulently will lead to immediate termination of the account.
3.2 Scale
The scale of Travel Points is freely determined by the Company. The scale of Travel Points is published online on the page of every operation involved.
The Company reserves the right to modify the scale and value of Travel Points at any times. Changes to the scale are not retroactive. The new scale applies to Sales made by the Member on the date of the update.
3.3 Disputes about the earning of Travel Points
The Company declines all responsibility for any problems that arise during the process of reserving Products with our Partners. Any dispute about the Product reservation process is a matter between the Member and the Partner.
The Company will be involved only in disputes involving the earning of Travel Points.
In the event of a dispute, data recorded by the Company on the Website will prevail.
4. USING TRAVEL POINTS
The Member may use their Travel Points by choosing an available gift or gift certificates in the Shop.
The Travel Points accumulated in the Member’s account may not be reimbursed or exchanged for cash.
4.1 Programme Shop
The Shop is accessible directly on the Smile Angels Programme Website.
By accessing the Shop, the Member can purchase various material goods, services, and gift certificates in Travel Points.
The value of each gift certificate in Travel Points is freely set by the Merchant.
The product(s) selected by the Member are placed in their shopping cart. By validating their selection of Gifts, the Member is debited the value in Travel Points corresponding to the selection. A confirmation email is then sent to the Member at the email address listed on the account.
The conditions of purchase are governed by the Programme Regulations and the Merchant’s general terms of sale.
4.2 Gift availability
The Merchant manages and organises stocks for every Gift. Provisions regarding Gift availability are included in the Merchant’s general terms of sale.
The Company declines all responsibility in the event that a Gift ordered is unavailable or cannot by supplied.
4.3 Gift shipment
The Merchant manages and organises Gift shipment. Gift shipment methods are determined by the Merchant’s general terms of sale.
4.4 Dispute about Gifts
Any dispute about Gifts is a matter between the Member and the Merchant. Disputes about Gifts are subject to the Merchant’s general terms of sale.
4.5 Duration of Travel Points
Travel Points are valid for 18 months from the time they are validated by the Company.
5. MISCELLANEOUS
5.1 Responsibility
The Company provides the Programme and the Programme Website on an as-is basis and does everything within its power to ensure that they are updated, maintained, and functioning, but it gives no guarantee regarding technical flaws or the infallibility of its operations, nor does it guarantee the site will be operational at all times.
It is expressly agreed that, except in the case of an obvious error on the part of the Company or the Merchant, for which the Member has evidence, data kept in the Company’s and Merchant’s information system have probative force regarding the earning of Travel Points and their use by the Member. Data on electronic or IT support constitute valid proof, and as such, are acceptable under the same terms and with the same probative as any document issued, received, or kept in writing.
It is the Member’s responsibility to declare all benefits received within this Programme to the URSSAF (Union de Recouvrement des Cotisations de Sécurité Sociale et d'Allocations Familiales [Union for the Collection of Social Security and Family Benefit Contributions]). The Company declines all responsibility in third-party claims, including those of tax authorities.
5.2 Modifications
5.2.1 Partial invalidity: If any of the clauses herein is or becomes unlawful or unenforceable, it is agreed that the other stipulations herein will remain lawful and enforceable for the parties (Member and Company), independent of the unlawful of unenforceable clauses.
5.2.2 Integrity: If any of the provisions in these terms is declared null or inapplicable in light of a legislative or regulatory provision in force and/or a court’s decision with the force of res judicata, it will be considered not to have been written and will not render the other provisions null and void.
5.2.3 Modifications to these Regulations: These Regulations may be modified at any time without prior notification. These modifications will be made by updating the Regulations. It is understood that these modifications apply solely to memberships that began previously. It is therefore essential for the Member to consult the Regulations when joining, in particular to be sure of the provisions in force. It is the Member’s responsibility to adapt their own sales conditions and contractual documents to the particularities of the Company.
5.3 Intellectual property
The Member acknowledges that the Programme belongs to the Company. The Member acknowledges the original nature of the Programme and its protected status under the provisions of the Intellectual Property Code and international conventions. All elements of the Programme, whether visual or audio, including the underlying technology, are protected by copyright law, trademark law, or patent law. Likewise, the trademarks, logos, pictures and models that appear on the Programme’s Website belong exclusively to the Company. Their distribution shall in no way be interpreted as granting a license or usage right of any manner over said trademarks and distinctive elements protected by copyright. They may not be used under penalty of forgery. Thus, none of the Programme documents may be copied, reproduced, republished, uploaded, posted, sent, or distributed by any means whatsoever. Nevertheless, it is possible to download a copy of the documents on a computer for your personal use, and solely for non-commercial purposes, on the condition that the information contained therein not be modified and that all copyrights and other indications of property be preserved intact. Modifying these documents or putting them to another purpose is a violation of the Company’s intellectual property rights. The Member is forbidden from laying claim in any way whatsoever to the property rights held by the Company. Any hyperlink that redirects to the Programme and uses the technique of ‘framing’ or ‘in-line linking’ is formally prohibited. In all cases, links should be removed at the simple request of the Company.
5.4 Personal data
Personal data gathered as part of membership in the Programme will be processed by computer. Members are encouraged to familiarise themselves with the personal data charter. In the event of a contradiction between the Regulations and the personal data charter, the charter will prevail.
5.5 Applicable law
These Regulations govern the relations between the parties and are subject to French law. Any dispute regarding their interpretation and/or their execution will, in the absence of an amiable agreement, fall to the Courts of the place where the Company’s headquarters are located, or to the jurisdiction of the place where the Client has a registered address.