Thank you for using Kooabô!
These Terms and Conditions for Internet users are a binding legal agreement between you and Kooabô contract between you and Kooabô that governs your right to use Kooabô's websites, applications and other other Kooabô offerings (collectively, the digital platform Kooabô)
When used in these Terms, the terms Kooabô , « we », « our » or « our » refer to the entity Kooabô with which you enter into a contract.
The digital platform Kooabô offers a tool that allows its users, through the Kooabô website at the URL: http://www.Kooabô.com/ and all its variations in .fr, .bj, .travel ... (hereinafter the 'Site') to book offers of tourist, leisure and entertainment services (hereinafter the 'Service(s)') provided by independent partner service providers of Kooabô (hereinafter the 'Partner(s)').
These General Terms and Conditions of Sale (hereinafter referred to as "GTCs") define the terms and conditions under which the company Kooabô (hereinafter "Kooabô") markets the offers of its partners.
Kooabô reserves the right to modify these GTCs at any time, without prior notice, it being understood that such modifications will not apply to orders previously accepted and confirmed by Kooabô. Therefore, the GTCs, which may be updated and modified at any time, must be consulted regularly and apply from the time of their update to any new order.
Any reservation or order placed on the Site implies full and complete acceptance of these GTCs and payment of the amounts due for the reservations made and confirmed.
Kooabô is a limited liability company with a capital of 6,000,000 FCFA, whose registered office is located at N° DE PARCELLE Q, Fidjrossè-Kpota,12ème arrondissement, Cotonou, Littoral, Benin, registered with the Trade and Personal Property Credit Register (RCCM) of COTONOU under number RB/COT/22 B 32577.
- Unique Fiscal Identification Number (IFU) for taxes: 3202247866857
Kooabô is registered with the Investment Promotion Agency register of the Ministry of Industry and Trade of Benin under number 18510CPC22.
In this context, Kooabô has taken out professional liability insurance with HISCOX, no. HA RCAPST278 535 (38 avenue de l'Opéra - Paris 75002) and benefits from a financial guarantee from the APST (15 Avenue Carnot, 75017 Paris).
Bookings for services are made via the Internet on the Site. The procedure for placing orders on the Site includes the following steps:
2.1 Selection on the Site by the user of one or more Services among the proposed dates
Availability of Services - Proposed Dates
Kooabô strives to update the availability of Services as soon as possible, but it should be noted that Kooabô cannot guarantee the availability of all Services for all proposed dates. That is why, before concluding the contract and collecting the user's payment, Kooabô carries out the checks defined in Article 2.5 below.
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As necessary, it is reminded that each internet user is required to obtain information on entry and stay formalities as well as any restrictions (health...) of the country in which the selected service is executed.
Prices of Services
Unless otherwise indicated, prices shown are inclusive of VAT per person. It is specified that certain transactions may be subject to bank charges, in which case the internet user must contact their bank to find out the amounts and terms. Prices are indicated on the Site in the navigation currency chosen by the internet user among those proposed, with the proviso that this is a conversion of the price defined according to the details in 2.4, on the day of consultation by the internet user.
Prices displayed on the Site are subject to change without notice, and only become final upon conclusion of the contract.
The internet user undertakes to provide the information requested on the Site.
In the event of a failure to respond to questions identified as requiring a mandatory response from the internet user, they will not be able to access the next stage of creating their account.
The internet user undertakes to provide accurate information. In the event of a typing error, they must immediately inform Kooabô via the contact form. Kooabô cannot be held responsible for any failures due to incorrect information transmitted by the internet user.
A summary lists all information related to the essential characteristics of the services, their prices, as well as the internet user's contact details.
By validating the order, the internet user automatically accepts the general terms and conditions of sale and acknowledges having read the policies for the management of personal data.
Payment can, at the choice of the internet user, be made using the means and methods shown on the payment page.
Only the price corresponding to the services that are actually available and confirmed (to the holder of the means of payment) will be debited at the end of processing and confirmation of the reservation by Kooabô as defined in Article 2.5 below. In the case of an order for which certain services could not be confirmed due to lack of availability, the price corresponding to the unavailable services will not be debited and, if applicable, refunded.
For payments by credit card, Kooabô uses a secure payment system. The internet user is then redirected to the secure payment system to complete their bank details. Kooabô disclaims any liability for any failure to transmit data.
In the case of payment by PayPal, the amount of the purchases will be immediately debited from the PayPal account. The order will be considered effective after confirmation of the agreement of the bank payment centers.
It is the responsibility of the user to save and print their payment certificate if they wish to keep their banking details and transaction information. The user guarantees that they are fully authorized to use the payment card for payment of their Service and that these payment methods provide access to sufficient funds to cover all costs resulting from the use of Kooabô's services.
- In case of availability of the chosen Service:
Kooabô will process the user's order within an average period of 2 business days (average period also depending on the diligence of the Partners). After checking the availability of its Partners for the chosen dates, Kooabô will send the user a confirmation email of their reservation including all information related to it. The contract will thus be formed from the confirmation of the reservation by Kooabô. By printing and/or keeping this email, the user will have a means of proof attesting to their order and the formation of the contract.
Kooabô will then collect the corresponding payment.
A confirmation email of the order including all information related to it as well as cancellation conditions will be sent to the user.
It is clearly stated that, as indicated in Article 4 below, the user does not have a right of withdrawal for Services that must be provided on a specific date or during a specific period, reserved and confirmed, and that these can only be canceled within the limits and conditions defined in Article 2.7 below.
- In case of unavailability of the chosen Service:
It is reminded that the services offered by Kooabô are subject to the availability of its Partners. In the event of unavailability of a service, the contract will not be formed, and the user will be informed as soon as possible.
Furthermore, it is reminded that Kooabô will not collect any payment or, if applicable, will refund the entire Service in this case.
No request or compensation can be made if the chosen service is not available.
After ordering, reserving, and confirming it, and subject to receipt by Kooabô of the corresponding payment, a nominative exchange voucher (also called a 'voucher' or 'countermark') will be sent for each reserved Service to the email address provided by the user, which they must print.
The user can also find their exchange vouchers and invoices through the secure 'account' section of the Site.
Modification:
The user has the possibility to request a modification of their reservation, except for services indicated as 'non-modifiable, non-cancellable'.
Any request for modification must be addressed to Kooabô via the contact form or by email at
annulation@Kooabô.com
specifying the reservation number, the name of the referring customer, and the date. The request will be processed as soon as possible.
However, it is clearly stated that Kooabô is not obliged to accept such a request and cannot guarantee the acceptance of Partners. Furthermore:
- Up to J-7 (included) from the date of use of the reserved Service, no fees will generally be requested from the user, except for Services subject to specific modification conditions and duly indicated in the 'Cancellation Conditions' section of each Service;
- Within J-7, Kooabô reserves the right to apply processing fees to the request.
For services including hotel reservations, any modification will be considered as a cancellation and will result in the same fees. The fees are calculated based on a flat rate determined by each provider. The details of the rate schedule are indicated in the description of each service and recalled on the exchange voucher.
The user can request the cancellation of their reservation, except for services indicated as 'non-modifiable, non-cancellable', tickets, gift vouchers, and services corresponding to a special period. Any request for cancellation must be addressed by email to contact@Kooabô.com, indicating 'CANCELLATION' in the email subject and specifying the reservation number, the name of the referring customer, and the date. Requests will be processed within 15 working days. The date of receipt of the request will determine the date of cancellation. - Up to J-7 (included) from the date of use of the reserved Service, no fees will generally be requested from the user, except for Services subject to specific cancellation conditions and duly indicated in the 'Cancellation Conditions' section of each Service; - Within J-7, Kooabô reserves the right to apply processing fees to the request. For services including hotel reservations, the fees are calculated based on a flat rate determined by each provider. The details of the rate schedule are indicated in the description of each service and recalled on the exchange voucher.
Due to an external event, our Partners may have to modify the conditions and dates of some of their Services or even cancel their Services.
In such a situation, Kooabô will make every effort to inform the user in order to find the most suitable solutions. This information will be confirmed in writing to the user, who must make their choice as soon as possible. If Kooabô's new proposals do not satisfy the user, the latter may request a full refund of the reserved Service from Kooabô by submitting a request by email to the address contact@Kooabô.com ,indicating 'REFUND' in the email subject and specifying the reservation number that was communicated to them.
The user must present their voucher to the Partner in order for them to honor the Service. To avoid fraudulent use, an identification document may be requested, as well as the signature of the voucher or the presentation of the bank card used for the order if applicable.
Vouchers are valid under the conditions indicated at the time of ordering, subject to the Partner's availability.
In the event of failure to present the voucher under the above conditions, on the agreed days and times, the user will not be able to benefit from the Service and will not be refunded under any circumstances. Any Service that has been started and then abandoned will be considered as consumed and will not be eligible for any refund.
In accordance with Article L 121-21-8, 12° of the Consumer Code, the right of withdrawal cannot be exercised for contracts for 'accommodation services, other than residential accommodation, transport of goods, car rentals, catering or leisure activities that must be provided on a specific date or during a specific period'.
Therefore, as the order concerns tourist, leisure and entertainment services that must be provided on a specific date or during a specific period, the user does not have a right of withdrawal.
It is clearly stated that the provisions (reproduced below) of Articles L.211-16 and L.211-17 of the Tourism Code are applicable to Services falling within their scope:
Article L.211-16:
Any natural or legal person engaged in the operations referred to in Article L.211-1 shall be liable to the purchaser for the proper performance of the obligations arising from the contract, whether the contract is concluded at a distance or not and whether those obligations are to be performed by itself or by other service providers, without prejudice to its right to recourse against them and within the limits of the compensation provided for by international conventions.
However, it may exempt itself from all or part of its liability by proving that the non-performance or improper performance of the contract is attributable either to the purchaser, or to the fact, unforeseeable and insurmountable, of a third party outside the provision of the services provided for in the contract, or to a case of force majeure.
Article L.211-17:
"Article L.211-16 shall not apply to natural or legal persons for reservation or sale operations, concluded at a distance or not, that do not fall within a tourist package as defined in Article L.211-2, relating either to air transport tickets or to other regular transport tickets."
The customer must first contact Kooabô in order to find an amicable solution. The user can contact Kooabô at the following number: +229 51001111
or send an email to the following address: reclamation@Kooabô.com
Any correspondence relating to a dispute regarding an order or the completion of an activity must be addressed to Kooabô by registered letter with acknowledgement of receipt, accompanied by supporting documents, at the following email address: reclamation@Kooabô.com
Any claim must be returned within a maximum of 60 days after the date of completion of the activity. No claim will be considered after this period.
In accordance with articles L.612-1 and L.616-2 of the French Consumer Code, resulting from the ordinance n°2015-1300 of August 20, 2015 on the extrajudicial settlement of consumer disputes, the client may use a consumer mediator free of charge in order to resolve any dispute amicably in the context of the execution of one of its orders by contacting the Centre de médiation et de règlement amiable des huissiers de justice.
To do so, the client must demonstrate having attempted, beforehand, to resolve the dispute directly with Kooabô through a complaint according to the terms provided in these general terms and conditions of sale.
The client is informed that mediation is excluded for:
- Claims brought by the client to the Kooabô customer service.
- Direct negotiations between the client and Kooabô
- Attempts at conciliation or mediation ordered by a court handling the consumer dispute
- Procedures initiated by Kooabô against the client
The client may, at their own expense, be represented by a lawyer or assisted by any person of their choice.
Customers who have used the Kooabô website to book a Service will be solicited to evaluate the quality of said Service. These evaluations are published on the Service's descriptive page.
Kooabô has taken out a financial guarantee from the APST (Professional Solidarity Association for Tourism), as well as a professional liability insurance from HISCOX France guaranteeing the financial consequences of professional civil liability.
The guarantee applies worldwide, provided that the headquarters of the activity or establishments for which the insurance is taken out are located in Metropolitan France, the Overseas Departments or Territories, or the Principalities of Andorra or Monaco.
If any provision of these terms and conditions is held to be invalid, such invalidity shall not affect the validity of the other provisions of the terms and conditions, which shall remain in force between the parties.
All contractual relations between Kooabô and the Internet user resulting from the application of these terms and conditions and any disputes arising therefrom, whatever their nature, shall be subject in all respects to Benin law. Any dispute between Kooabô and the Internet user arising from the execution of these contractual relations shall be subject to the exclusive jurisdiction of the Benin courts.
Kooabô must be informed, in writing, before any reservation, of the client's disability and/or incapacity and any particular needs that may arise in order to be able to inform the client of the adaptability or otherwise of the activity to their situation. Similarly, the client who has suffered any trauma or pathology subsequent to the reservation must inform Kooabô within a reasonable period of time before departure. As not all of our hosts/transporters are able to accommodate PRMs, a prior request must be made by Kooabô to its partners. Response times may be relatively long and additional fees may be required, particularly in the case of a private transfer being necessary. Any request for assistance must be made in writing to the transport service at least 72 hours in advance (working days) of departure. The non-provision/refusal of assistance by the provider cannot in any way be attributed to Kooabô. The client must ensure that their physical and mental condition enables them to use the reserved services. Kooabô reserves the right to refuse registration which it deems unsuitable for the client's abilities.
Pregnant women:
Some activities, excursions, etc. may be strongly advised against for pregnant women, and some providers reserve the right to prohibit their access.
Minors:
Kooabô cannot under any circumstances accept the registration of an unaccompanied minor. Some activities, excursions, etc. may be strongly discouraged for minors and some service providers reserve the right to deny them access.
Likewise, one or more minor(s) cannot stay alone in a room or accommodation unit, even if they are charged at the adult rate (children over 12 years old). They must therefore share the room or accommodation unit with an adult client. Kooabô's responsibility cannot be engaged in case of non-compliance with these prohibitions. Hotels identified on our supports as 'adults only' are dedicated to adults only.
If, despite this notification, the client were to register a minor, Kooabô's responsibility cannot be engaged and no refund of the service or any fees would be granted.
In accordance with Article R. 211-12 of the Tourism Code, below is a literal reproduction of Articles R. 211-3 to R. 211-11 of the Tourism Code:
Article R. 211-3:
'Subject to the exclusions provided for in the third and fourth paragraphs of Article L. 211-7, any offer and any sale of travel or holiday services shall give rise to the provision of appropriate documents which comply with the rules defined in this section. In the case of the sale of air transport tickets or regular line tickets not accompanied by services linked to these transports, the seller shall issue to the buyer one or more passage tickets for the entire journey, issued by the carrier or under its responsibility. In the case of transport on demand, the name and address of the carrier, for whom the tickets are issued, must be mentioned. The separate billing of the various elements of the same tourist package does not exempt the seller from the obligations imposed on him by the regulatory provisions of this section.'
Article R. 211-3-1:
'The exchange of pre-contractual information or the provision of contractual conditions shall be made in writing. They may be made by electronic means in the conditions of validity and exercise provided for in Articles 1369-1 to 1369-11 of the Civil Code. The name or business name and address of the seller as well as the indication of his registration in the register provided for in Article L. 141-3 or, where applicable, the name, address and indication of the registration of the federation or union mentioned in the second paragraph of Article R.211-2 shall be mentioned.'
Article R. 211-4:
1° Prior to the conclusion of the contract, the seller must communicate to the consumer information on prices, dates and other essential elements of the services provided during the trip or stay, such as: 1° The destination, the means, the characteristics and the categories of transport used;'
2° The mode of accommodation, its location, its level of comfort and its main characteristics, its approval and its tourist classification corresponding to the regulations or customs of the host country;
3° The catering services offered;
4° The description of the itinerary in the case of a tour;
5° The administrative and health formalities to be completed by nationals or nationals of another member state of the European Union or a state party to the Agreement on the European Economic Area in the event, in particular, of crossing borders as well as their completion times;
6° The visits, excursions and other services included in the package or possibly available for an additional fee;
7° The minimum or maximum size of the group allowing the realization of the trip or stay as well as, if the realization of the trip or stay is subject to a minimum number of participants, the deadline for informing the consumer in the event of cancellation of the trip or stay; this date cannot be set less than twenty-one days before departure;
8° The amount or percentage of the price to be paid as a deposit at the conclusion of the contract as well as the payment schedule for the balance;
9° The terms of price revision as provided for in the contract in accordance with article R. 211-8;
10° The contractual cancellation conditions;
11° The cancellation conditions defined in articles R. 211-9, R. 211-10 and R. 211-11;
12° Information concerning the optional subscription to insurance covering the consequences of certain cancellations or assistance contracts covering certain specific risks, in particular repatriation costs in the event of an accident or illness;
13° When the contract includes air transport services, the information, for each flight segment, provided for in articles R. 211-15 to R. 211-18
Article R. 211-5:
The preliminary information given to the consumer engages the seller, unless in this information the seller has expressly reserved the right to modify certain elements. In any event, the modifications made to the preliminary information must be communicated to the consumer before the contract is concluded.'
Article R. 211-6:
The contract concluded between the seller and the buyer must be written, drawn up in duplicate, one copy of which is given to the buyer, and signed by both parties. When the contract is concluded electronically, articles 1369-1 to 1369-11 of the Civil Code apply. The contract must contain the following clauses: '
1° The name and address of the seller, his guarantor and his insurer as well as the name and address of the organizer;
2° The destination(s) of the trip and, in the case of a fractional stay, the different periods and their dates;
3° The means, characteristics, and categories of transport used, the dates and places of departure and return;
4° The type of accommodation, its location, its level of comfort, its main characteristics, and its tourist classification under the regulations or customs of the host country;
5° The proposed catering services;
6° The itinerary in the case of a tour;
7° The visits, excursions, or other services included in the total price of the trip or stay;
8° The total price of the services charged, as well as the indication of any possible revision of this billing under the provisions of Article R. 211-8;
9° The indication, where applicable, of the fees or taxes relating to certain services, such as landing, disembarkation or embarkation taxes in ports and airports, tourist taxes when they are not included in the price of the service(s) provided;
10° The payment schedule and terms; the final payment made by the buyer may not be less than 30% of the price of the trip or stay and must be made upon delivery of the documents necessary to make the trip or stay possible; 11° The special conditions requested by the buyer and accepted by the seller; 12° The terms by which the buyer may make a claim to the seller for non-performance or improper performance of the contract, which must be made as soon as possible by any means that allows receipt confirmation by the seller, and, where appropriate, notified in writing to the travel organizer and service provider(s) concerned;
13° The deadline for informing the buyer in the event of cancellation of the trip or stay by the seller in the event that the realization of the trip or stay is linked to a minimum number of participants, in accordance with the provisions of 7° of Article R. 211-4;
14° The cancellation conditions of a contractual nature;
15° The cancellation conditions provided for in Articles R. 211-9, R. 211-10, and R. 211-11;
16° Details concerning the covered risks and the amount of coverage under the insurance contract covering the consequences of the seller's professional liability;
17° Information concerning the insurance contract covering the consequences of certain cases of cancellation taken out by the buyer (policy number and name of the insurer) as well as information concerning the assistance contract covering certain specific risks, notably the costs of repatriation in case of accident or illness; in this case, the seller must provide the buyer with a document specifying at least the risks covered and the risks excluded;
18° The deadline for informing the seller in the event of the transfer of the contract by the buyer;
19° The commitment to provide the buyer, at least ten days before the scheduled departure date, with the following information: The name, address, and telephone number of the local representation of the seller or, failing that, the names, addresses, and telephone numbers of local organizations that may assist the consumer in case of difficulty, or failing that, the telephone number enabling urgent contact to be made with the seller;
b) For trips and stays abroad for minors, a telephone number and an address allowing direct contact with the child or the person responsible for their stay on site;
20° The termination and refund clause without penalties for amounts paid by the buyer in case of non-compliance with the information obligation provided for in 13° of Article R. 211-4;
21° The commitment to provide the buyer, in due time before the start of the trip or stay, with the departure and arrival times.
Article R. 211-7:
The buyer may transfer his/her contract to a transferee who meets the same conditions as him/her to carry out the trip or stay, as long as this contract has not produced any effect. Unless more favourable stipulation for the transferor, the latter is required to inform the seller of his/her decision by any means enabling him/her to obtain an acknowledgement of receipt at the latest seven days before the start of the trip. In the case of a cruise, this period is extended to fifteen days. This transfer is not subject, in any case, to prior authorisation from the seller.
Article R. 211-8:
When the contract includes an express possibility of revising the price, within the limits provided for in Article L. 211-12, it must mention the precise methods of calculation, both upwards and downwards, of the price variations, and in particular the amount of transport costs and taxes relating thereto, the currency or currencies that may have an impact on the price of the trip or stay, the part of the price to which the variation applies, and the exchange rate or rates used as a reference when the price in the contract was established.
Article R. 211-9:
Where, before the departure of the buyer, the seller is forced to make a significant modification to one of the essential elements of the contract, such as a significant increase in price, and where it fails to comply with the information obligation mentioned in 13° of Article R. 211-4, the buyer may, without prejudice to any claims for compensation for any damage suffered, and after being informed by the seller by any means enabling an acknowledgement of receipt, either terminate his/her contract and obtain the immediate reimbursement of the sums paid without penalty, or accept the proposed modification or substitute trip offered by the seller; an amendment to the contract specifying the modifications made is then signed by the parties. Any reduction in price shall be deducted from any sums still due from the buyer, and if the amounts already paid by the buyer exceed the price of the modified service, the excess must be returned to him/her before the date of his/her departure.
Article R. 211-10:
Either accept the modification or the substitute travel proposed by the seller; an amendment to the contract specifying the changes made is then signed by the parties; any price decrease is deducted from the sums still possibly due by the buyer and, if the payment already made by the latter exceeds the price of the modified service, the excess must be refunded to him before the date of his departure.
Article R. 211-10:
In the case provided for in Article L. 211-14, when, before the departure of the buyer, the seller cancels the trip or stay, he must inform the buyer by any means allowing for an acknowledgment of receipt; the buyer, without prejudice to any claims for damages that may be suffered, shall obtain from the seller an immediate refund of the sums paid without penalty; in this case, the buyer shall receive compensation equal to at least the penalty he would have borne if the cancellation had occurred on that date due to his own fault. The provisions of this article shall in no way preclude the conclusion of an amicable agreement whose purpose is the acceptance, by the buyer, of a substitute trip or stay proposed by the seller.
Article R. 211-11:
When, after the departure of the buyer, the seller is unable to provide a significant part of the services provided for in the contract representing a non-negligible percentage of the price paid by the buyer, the seller must immediately take the following measures, without prejudice to any claims for damages that may be suffered: - either propose replacement services for the services provided for, possibly bearing any additional cost, and, if the services accepted by the buyer are of lower quality, the seller must refund him, upon his return, the price difference; - or, if he is unable to offer any replacement service or if they are refused by the buyer for valid reasons, provide the buyer, at no additional cost, with transport tickets to ensure his return under conditions that can be deemed equivalent to the place of departure or to another place accepted by both parties. The provisions of this article apply in case of non-compliance with the obligation provided for in 13° of Article R. 211-4.