Terms of Use

1. Purpose and Scope

These Terms of Use ("Terms") govern access to and use of the afrilia.net platform ("the Platform"), published by Afrilia SAS, as well as the legal relationships between Afrilia, travellers ("Travellers") and listed tourism service providers ("Providers"). Access to the Platform implies full and unreserved acceptance of these Terms in the version in force at the date of use.

2. Definitions

• Platform : the afrilia.net website and all its associated services.
• Traveller : any natural or legal person booking a service via the Platform.
• Provider : any professional (hotel, accommodation, guide, restaurant, concierge, experience organiser) offering services via the Platform.
• Escrow : mechanism whereby funds paid by the Traveller are held by the Platform until release under the rules of Article 7.
• Commission : the Platform's remuneration, deducted from each transaction amount, at the rates set out in Article 6.

3. Role of Afrilia — Technical Intermediary

Afrilia acts exclusively as an intermediary connecting Travellers and Providers. Afrilia is neither the supplier nor the performer of the booked tourism services, which remain the exclusive responsibility of the Provider. The service contract is concluded directly between the Traveller and the Provider. Afrilia intervenes solely for: (i) the connection, (ii) securing payment via the escrow mechanism, (iii) support and mediation in the event of a dispute.

4. User Accounts

Creating an account requires accurate, complete and up-to-date information. The user is solely responsible for the confidentiality of their credentials and any activity carried out from their account. Any fraudulent use must be reported without delay to contact@afrilia.net. Afrilia reserves the right to refuse, suspend or delete any account in the event of a breach of these Terms.

5. Provider Accounts — Verification and Obligations

Each Provider undertakes to:

• provide valid professional identification documents (RCCM, IFU, licences, tourism permits) upon registration and at Afrilia's first request (KYC procedure);
• hold the professional liability insurance required for its activities;
• comply with tax, social, health and safety regulations applicable in Benin and in any country where the service is performed;
• describe its services accurately, fairly and without misleading information (photos, prices, availability, amenities);
• perform booked services with diligence and professionalism;
• keep an up-to-date availability calendar;
• systematically redirect to the Afrilia Platform, for order finalisation and payment, any client who came into contact with them through Afrilia (matchmaking, quotes, bookings, catalogue or any other Platform channel);
• visibly display the "Afrilia Verified Provider" certificate/badge on their own digital platform (website, social media) or, failing that, on their physical visual materials (storefront, counter, commercial documents).

Each listing is subject to prior validation by Afrilia, which may refuse or remove any non-compliant content. Validation does not, however, constitute a legal guarantee of quality and does not render Afrilia liable for the performance of the service.

6. Platform Commissions

In consideration of its intermediation, payment security and promotion services, Afrilia receives a commission calculated on the total amount (incl. tax) of each transaction. The rates in force, per Provider type, are as follows:

Specific pricing conditions may be contractually agreed between Afrilia and certain Providers; such individual conditions then prevail over the standard rates above. Any change to the standard rates results in the automatic publication of a new version of these Terms (see Article 18) and applies to transactions concluded after its publication.

7. Secure Payment and Escrow

The Traveller's full payment is collected by the Platform via its payment provider (Stripe, PCI-DSS certified) and held in escrow. Funds due to the Provider (transaction amount less commission) are automatically released according to the following schedule:

This mechanism protects the Traveller (funds are only released after the service has effectively started) and the Provider (payment is guaranteed upon booking). In the event of cancellation, Provider no-show, or a dispute declared before funds release, Afrilia may suspend the release, refund the Traveller in whole or in part, and, where applicable, reverse funds already paid to the Provider.

8. Cancellations, Refunds and Service Disputes

• The cancellation conditions specific to each service (flexible, moderate, strict) are displayed on the Provider's listing before booking and prevail.
• Any dispute regarding the performance of a service must be reported to Afrilia within 72 hours of the service date, with supporting evidence (photos, written exchanges).
• Afrilia handles the dispute as a mediator and may decide to withhold, refund or release all or part of the escrowed funds. This mediation decision does not deprive the parties of their judicial remedies.
• Refunds are made to the original payment method within 5 to 10 business days.

9. Non-Circumvention of the Platform

Travellers and Providers are strictly prohibited from concluding, directly or indirectly, a transaction initiated via the Platform outside of it with the aim of evading the commission. Any proven circumvention exposes the Provider to immediate account suspension, invoicing of the evaded commission increased by 50% as a penalty clause, and compensation for the loss suffered by Afrilia.

Consequently, any Provider contacted by a Traveller through the Platform is required to redirect that Traveller to Afrilia for order finalisation and payment. Direct contact details (phone, WhatsApp, email) between Traveller and Provider are only shared after the booking has been made, payment completed on the Platform and the order accepted by the Provider.

10. User Reviews and Content

Only Travellers who have actually booked and consumed a service may post a review. Fraudulent, defamatory or paid reviews are prohibited and removed. By publishing content (reviews, photos), the user grants Afrilia a non-exclusive, worldwide, royalty-free licence to use it for the operation and promotion of the Platform.

11. Acceptable Use

• Using the Platform for illegal or fraudulent purposes is prohibited;
• attempting to compromise the security, integrity or availability of the Platform is prohibited;
• automated data extraction (scraping), use of bots and creation of fake accounts are prohibited;
• impersonating a third party or publishing content contrary to public order is prohibited.

12. Intellectual Property

The Platform, its visual identity, trademark, databases and all its content are protected by intellectual property law, notably Annex VII of the revised Bangui Agreement (OAPI). Any unauthorised reproduction or exploitation is prohibited and subject to prosecution.

13. Personal Data Protection

The processing of personal data is governed by Beninese Law No. 2017-20 on the Digital Code (Book V) under the supervision of the APDP and, for the users concerned, by the GDPR (EU 2016/679). Detailed terms are set out in the Privacy Policy, which forms an integral part of these Terms.

14. Liability and Warranties

The Platform is provided "as is". Afrilia does not guarantee uninterrupted availability or the absence of errors. Afrilia is not liable for: (i) non-performance or improper performance of services by Providers, (ii) bodily, material or intangible damage occurring during a service, (iii) content published by users. In any event, Afrilia's total liability, for all causes combined, is capped at the amount of the commission received on the transaction concerned.

Services outside the Platform — disclaimer of liability: any service agreed, booked or paid for outside the Platform (direct contact, cash-in-hand payment, side arrangement) is carried out at the Traveller's sole risk. Afrilia declines all liability for the performance, quality, safety or refund of any service carried out outside the Platform: the Traveller then benefits from neither the escrow, nor mediation, nor any Afrilia guarantee.

15. Insurance and Traveller Safety

It is the Traveller's responsibility to take out any appropriate travel, repatriation, cancellation or health insurance. The Traveller is solely responsible for complying with administrative formalities (visa, vaccines, passport) required for their stay. Afrilia recommends consulting official travel advice before any departure.

16. Force Majeure

No party shall be held liable for a failure caused by a force majeure event within the meaning of the general law of obligations and applicable OHADA case law (natural disasters, epidemics, armed conflicts, government decisions, general strikes, telecommunications network failure). Obligations are suspended for the duration of the event.

17. Suspension and Termination

Afrilia may suspend or terminate, as of right, without notice or compensation, the access of any user in the event of: fraud, circumvention (Art. 9), fake reviews, serious breach of the obligations in Articles 4, 5 and 11, or failure to provide KYC documents. Funds in escrow at the time of suspension are retained until all ongoing disputes are fully resolved. The user may close their account at any time; ongoing transactions remain governed by these Terms.

18. Amendments — Automatic Versioning

Afrilia reserves the right to amend these Terms at any time. Each change to commission rates or funds-release rules results in the automatic publication of a new numbered version, whose number and date appear at the top of this document. Previous versions are archived. Continued use of the Platform after publication constitutes acceptance of the new version. Transactions concluded before publication remain governed by the version in force at the date of their conclusion.

19. Governing Law and Jurisdiction

These Terms are governed by Beninese law and, for commercial relations with Providers, by the OHADA Uniform Acts (in particular the Uniform Act on General Commercial Law). In the event of a dispute, the parties shall endeavour to find an amicable solution within 60 days (mandatory prior mediation). Failing that, the dispute shall be brought before the competent courts of Cotonou (Benin), without prejudice, for commercial disputes between professionals, to the option of arbitration in accordance with the OHADA Uniform Act on Arbitration Law and, where applicable, the CCJA.

20. Contact

Afrilia SAS — Cotonou, Bénin
RCCM : BJ-COT-01-2024-A12345 · IFU : 3201234567890
Email : contact@afrilia.net · Personal data : contact@afrilia.net