4. Use of the service

4.1 When registering, each Owner is assigned a user profile in which all the data and information on the Vacation Rental provided in the Owner's offer are recorded (Owner Area). Where applicable, the Owner accepts the data processing policy, as described in the Personal Data Policy, in accordance with the legal provisions in force.

 
4.2 The Owner Area offers the Owner various tools to manage his/her accommodation(s); it is thus possible, for the Owner, to visualize the planning of the reservations in real time, to obtain information concerning the origin of the reservation, the duration, the tariffs applied. The owner may freely and without obligation to notify the service provider, to block himself, dates in the calendar of his accommodation.

By posting a review, the author of the review grants the Provider a worldwide, irrevocable, non-exclusive, royalty-free and fully paid license to use, copy, grant a license, a sub-license (to several levels), adapt, distribute, display, make public, reproduce, transmit, modify, transform and otherwise exploit the commentary in connection with the Holiday rental, the activity of the Company, and this in any language and for the duration of literary and artistic property as defined by international conventions and current and future French and foreign laws.

4.6 The Service Provider may refuse to publish Traveler-Tenant Reviews, Owner Responses, and other content, without having to state a reason. The Service Provider is authorized, without prejudice to any other recourse, to immediately remove from the Site the Traveler's Appreciation, the Owner's Response, or any other content.

4.7 Reservation requests sent through the Provider's system may be visible to the Traveler who originally sent them and to the Provider's partners, who have been questioned by members or other persons in order to obtain information on inquiries previous ones or on previous stays. The Service Provider may also occasionally consult the messages that are sent through its platform. The Provider may also from time to time use third-party email servers to send and track the receipt of inquiry messages and analyze the pattern of inquiry usage provided by such third-party tracking systems. The Service Provider's system does not retain messages indefinitely and they may no longer be accessible after the message has been sent to its recipient. Any telephone number or email address appearing in a conversation/booking request sent by a Traveler or in messages sent via the Site or the Service Provider's system will be deleted, the email address then being replaced by “contact@booking-guys.com”. The Owners must keep a copy of the documents relating to the reservations made by the Vacationer-Tenant.

4.8 Messages sent through the Service Provider's systems must relate to genuine reservation requests only. We do not tolerate spam or unsolicited commercial electronic communications of any kind. It is prohibited to abuse the Provider's systems, such as sending unsolicited commercial communications (spam) or disclosing users' personal data to third parties without the express permission of the user concerned. The Owner undertakes to protect the personal data of other users, in accordance with the laws and regulations in force and in any event, to take all reasonable necessary measures, and bears all responsibility in the event of misuse, loss or of an unauthorized transfer of such data.

4.9 The Service Provider declines all responsibility or involvement in communications between the Owner and the Vacationer. 

4.10 Service fees (hereinafter Service Fees) may be invoiced by the Service Provider to the Holidaymaker who books a property online on the Site, for the use of the Site and the related functionalities (such as the Holidaymakers-Tenants customer service available 24 hours a day).

Additional costs may be charged to the Vacationer (cleaning costs, transfer, security deposit, taxes, etc. without this list being exhaustive) who will have the possibility of proceeding to their payment at the same time as the reservation of the accommodation by adding the desired services to his order.

Depending on the law applicable in the country of residence of the Traveler and/or the Owner, VAT or any other equivalent indirect tax applicable under the locally applicable law may be applied to the Service Fees, and the applicable rate of which would correspond to the billing address declared by the Traveler (unless this has been declared incorrectly). The Traveler is informed of the specific amount of the Service Fees charged to them as displayed on the Site when booking online and the Traveler will be required to confirm payment of the amount of these Service Fees before proceeding with the booking. . The Service Fee (plus VAT where applicable) will be debited when the Owner and Traveler confirm the booking online. The Owner undertakes not to encourage or advise the Traveler to circumvent the payment of the Service Fee for the benefit of the Service Provider.

5. Details and Services relating to Listings

5.1 An Advert only relates to one (1) Vacation Rental. In the event that the Owner chooses to display a “Multiple Accommodation Listing”, these will be Vacation Rentals located at the same physical address.

5.2 The normal rate includes the possibility of publishing an unlimited number of photographs. All Advertisements appear on the Site on a given results page, in the form of a thumbnail with a photograph of the property which links to a full-page Advertisement.

5.3 The Service Provider requires the Owners to locate their Vacation Rental in their Owner Space. This involves verifying information from Google Maps in order to correctly locate a Vacation Rental on a map and through identification by region. The Owner acknowledges that Google Maps is governed by Google's Terms and Conditions and that the Provider shall not be responsible for the operation, accuracy of data and any other information of Google Maps. The Owner acknowledges and accepts that the Google Maps service is not infallible. The Owner will ensure that the location of his Vacation Rental is correct on the Google Maps site.

6.  Appearance in Search Results

The Service Provider cannot guarantee the ranking of the Advertisement in the search results on the Site. The search results vary according to several criteria: the search parameters, the formula chosen, the quality of the Listing, the frequency of updating the calendar, the preferences of the Traveler, the response times of the Owner, the history of rental, the possibility of online booking, as well as any other factors that the Service Provider may at any time deem important to ensure user satisfaction (hereinafter “Sorting by Relevance”). The announcement of the Owner who has chosen the TRANQUILITE formula will be offered as a priority in the event of a non-targeted search.

The Service Provider reserves the right to apply different search algorithms or to use methods aimed at optimizing the results of Sorting by Relevance to maximize the satisfaction of Vacationers-Tenants and the market in general. The service provider does not offer any guarantee that the Advertisements distributed on third-party sites are displayed correctly, or are displayed according to a particular classification. In order to optimize the search experience, both for Owners and for Holidaymakers-Tenants, and to improve the process of establishing Sorting by Relevance, the Service Provider reserves the right to occasionally carry out tests which will be limited time but may change the way Ads are displayed.

7. Termination of contract

7.1 The formula subscribed by the Owner is subject to termination, after formal notice sent by e-mail to the Owner acting as a consumer which has remained unsuccessful seven (7) days after its dispatch, in the following cases occurring in violation of the General Conditions of Use Owners:

(a) Non-compliance by an Advertisement or any other content associated with an Owner with the Conditions of validation of the Appreciations, the law, the applicable regulations or the rights of any natural or legal person,

(b) Publication by the Owner of content that is inappropriate or results from misuse of the Site by an Owner,

(c) Publication of an Owner's Listing or performance by the Owner of unacceptable or unfair rental practices (for example, in particular, if an Owner makes a double reservation for the same property to different Vacationers-Tenants for the same date, or commits actions that could be qualified as unfair or improper according to the customs of the tourist rental industry),

(d) Owner's failure to comply with these terms and conditions (including, to avoid mishap, any breach of clause 12 “Owner's Rights and Obligations” or clause 13 “Prohibitions”)_cc781905-5cde-3194- bb3b-136bad5cf58d_ or any other obligation towards the Service Provider or the Vacationer-Tenants,

(e) An Owner is or has been offensive or has behaved in an abusive manner towards any employee or representative of the Provider,

(f) Use by an Owner of a false identity,

(g) Fraudulent or abusive use by the Owner of the Provider's communication systems or platforms

(h)  any similar behavior that would have occurred towards an affiliate of the Provider.

In addition to its right to terminate the formula subscribed by the Owner, under the conditions described above, the Service Provider reserves the right to respond to any violation of the Owners' General Conditions of Use or to any misuse of the Site, in particular by removing the Listing from search results, by posting the mention "unavailable" on the Owner's profile, and by removing or modifying any information that proves to be false or misleading.

7.2 The Service Provider assumes no obligation to investigate complaints.

8. Rights and obligations of the Service Provider

8.1 The Service Provider reserves the right, without incurring any liability in this regard, to modify, suspend or terminate any aspect of the Site, including the layout or the availability of a function, a database or any content of the Site at any time and without notifying the Owner in advance, provided that these changes do not affect the purpose or function of the portal necessary to protect the interests of the Provider and do not cause any material prejudice to the interests of the Owner.

8.2 The Service Provider will make its best efforts to ensure that the photographs transmitted in file or printed form are reproduced in the Advertisements as faithfully as possible to the original. The Owner acknowledges, however, that he has hereby been informed by the Service Provider that differences from the original images may appear when scanning non-digital images or according to the different screen settings, and that the Service Provider declines all responsibility in case of these changes.
 
8.3 In order for the Site to be kept up to date from a technical point of view, the Service Provider may be required to carry out occasional maintenance which may lead to restrictions of access to the Site. As far as possible, the Service Provider will schedule this maintenance at a time when it will affect the interests of the Owner as little as possible.

8.4 The Service Provider will comply with the provisions of the law of 6 January 1978 relating to data processing, files and freedoms. The Owner agrees that his contact details, in particular his telephone numbers and e-mail addresses, will be transmitted to Vacationers-Tenants who inquire about his property(ies). If necessary (in particular to prevent possible fraudulent acts committed by a third party), the Service Provider may communicate the details of an Owner to a Vacationer. The Owner acknowledges having read and accepted the Personal Data Policy as well as the Cookies Policy and therefore accepts the processing of data as described in these policies.

8.5 The Service Provider reserves the right to transfer these general conditions, and to assign or subcontract to a third party or any other entity belonging to the Service Provider's group all or part of its rights and obligations in accordance with these general conditions. , but will in no way do so in such a way as to reduce the guarantees granted to the Owners under the terms of these general conditions.

8.6 The Service Provider may from time to time provide or facilitate certain services to the Owner, in order to create or improve the quality of its Listings. The Service Provider may also, from time to time, create a new or change the geographical location or description, used for the purposes of identifying rentals in the Advertisements and in the search results. Consequently, the Service Provider is authorized to change the location or the geographical description associated with the Vacation Rental Advertisements. However, the Service Provider is not responsible for verifying the content of the Advertisement or for the accuracy of the location of the property. The Owner is solely responsible for the accuracy of the content of the Listing and the location or geographic description; and agrees to promptly correct (or contact the Service Provider for correction) any inaccuracies.

8.7 Security deposit

When reserving accommodation, the occupant may be required to pay a security deposit, the amount of which will be set by the service provider and in agreement with the Owner. The purpose of the security deposit is to repair any obvious damage to the property (damage to furniture or equipment, breakage, etc.) The payment of the sum for the security deposit will be processed by one of the payment service providers. third party partners of BOOKING GUYS SAS or directly by BOOKING GUYS SAS  (STRIPE Inc, Paypal, CECAZ, SWIKLY ...). The security deposit will be automatically returned to the traveler at the end of the stay if the Owner and/or the agency have not notified the traveler, in writing, of any damage within 7 (seven) days from the end of the rental.

For some accommodations, the payment of the security deposit takes the form of a bank pre-authorization (not debited) which will be made when the occupant enters the accommodation (check-in).

The Service Provider undertakes to return the security deposit paid by the Vacationer-Tenant to the Owner within 7 (seven) days of the end of the rental, after having obtained written confirmation from the Owner of his authorization for this return. In the absence of written confirmation from the Owner within 7 (seven) days from the end of the rental, it will be considered that the Owner has given his agreement for the return of the security deposit.

If the Owner considers that the security deposit cannot be returned due to damage caused by the Vacationer to his rental property, the reasons for non-return must be sent in writing to the Service Provider. The liability of the Service Provider can never be sought by the Vacationer in the event of non-return of the security deposit resulting from the Owner's request.

For example, the full refund of an item of equipment will only be made in the case of a new object, certified by invoice and within the limit of the amount guaranteed by the deposit taken from the holidaymaker-tenant. In all other cases, compensation for the security deposit will take into account the obsolescence of the object or item of equipment.

This service is included in the COMFORT and TRANQUILITY formulas. 

9. Intellectual Property

9.1 BOOKING GUYS is the exclusive owner of the Site. All content appearing on the Site is protected by copyright and database rights. Any partial or total reproduction of the Site, including the copying of texts, visual elements or designs, is prohibited.

9.2 BOOKING GUYS has exclusive ownership of the photographs taken during photo shoots. These photographs are protected by copyright and may in no case be reproduced or used without the express consent of BOOKING GUYS.

9.3 The Owners have the right to download, display or print certain pages of the Site to justify their agreement with the Service Provider. The statement "© Copyright 2016 – BOOKING GUYS SAS - all rights reserved" must then clearly appear in the file in question or on the printout concerned.

9.4 When publishing or transmitting content of any kind, including text or images, through the Site or the Provider's platform or systems, the Owner agrees to have the right to to do, and to have obtained all the necessary consents and authorizations from the owner(s) of the accommodations referenced on the Site ("Owner's Authorization").

9.5 If trademarks or other proprietary designations or names appear in other content that it publishes, the Owner agrees to have obtained all consents and authorizations legally necessary for their use on the Site.

9.6 By publishing content on the Site (and on the Owner Space) (including all texts, descriptions, opinions, photographs and others), the Owner authorizes the Service Provider, within the limits of the provisions applicable to content protected by copyright author, to use them on the Site as well as in any other form of publication, and grants the Service Provider a non-exclusive, free, assignable, irrevocable and fully licensable right to use, reproduce, modify, adapt, translate , distribute or publish these contents, or to create works  derived from them, or to display or produce them in public, throughout the world, whatever the media used, that it is known today or invented later for any use whatsoever, in any language, any place, and for the entire duration of literary and artistic property as defined by international conventions and current laws current and future, French and foreign.

9.7 When trademarks appear in its Ads or other content, the Owner certifies that it has the right to use them, including the right to grant the license to use them.

10. Rights and obligations of the Owner

10.1 The Owner must provide accurate information about his personal identity, his payment details, his Holiday Rental offered in the Listing and in his other communications made using the systems of the Provider's group, and may not publish Listings of Vacation rental only for the real estate that he has the right to rent. Any unlawful information will be removed from the Advertisement.

10.2 The Owner declares and certifies on a permanent basis that as long as a Vacation Rental is referenced on the Site, (i) he owns and/or holds all the rights and powers required to offer it for rental and agree to take reservations concerning him, (ii) he will not unduly keep a security deposit in violation of the rental contract concluded with the Vacationer, (iii) that all the information provided to the Service Provider is up-to-date and consistent with reality, including, as without limitation, all declarations relating to Vacation Rentals, their equipment, their location, their rent or their availability on a certain date or at a certain period, (iv) each Advertisement must relate to a specific and unique Vacation Rental, ( v) it will not unduly deny Vacationer-Tenants access to a Vacation Rental, (vi) it will make any refund due in accordance with the applicable cancellation policy or rental agreement ion in question.

10.3 The Owner will provide, for the duration of the publication of the Advertisement on the Site, accurate, complete and up-to-date information concerning the property, and, in particular, if the Owner provides a translation, he must guarantee that its content is accurate. and faithfully reflects the text in the original language. The Owner will assume full and exclusive responsibility for any errors or misleading information contained in the Listing.

10.4 The Owner undertakes that the reservation calendar published under its own Listing is accurate and up to date in order to reflect the actual availability of the Vacation Rental concerned at the time of the reservation. In the event that the reservation calendar relating to the Owner's Advertisement is not regularly updated, the Service Provider will eliminate the Advertisement whose calendar has not been updated for more than 60 days, from the results of the research carried out by Vacationers-Tenants.

10.6 The owner agrees to honor all availability and reservations listed in the calendar of his accommodation. No cancellation will be possible for personal convenience. Nevertheless, in the event of proven and justified force majeure, and under certain conditions defined in particular by the T&Cs / host agreement, the owner is forced to cancel one or more reservations after validation by the service provider. The owner will nevertheless be required to pay any costs related to the cancellation (rehousing costs, platform penalties, etc.). Depending on the nature of the reason invoked by the owner, the service provider reserves the right to invoice the latter for the amount of the commission theoretically due.

10.5 The Owner is responsible for ensuring that its Listings do not infringe the law or the rights of any legal or natural person. Advertisements must not contain any false information, insults, slanderous or defamatory material or any other material that would infringe copyright or data protection legislation. In accordance with article L.324-2-1 of the Tourism Code, the Owner of a property located on French territory and mentioned on the Site is informed that it is up to him to submit to the obligations of declaration or prior authorization provided for by articles L.324-1-1 of the Tourism Code (prior declaration to the Town Hall of the municipality where the property is located) and articles L.631-7 and following of the Code of construction and l'habitation   (change of use and mixed use of residential premises) as well as any other regulations that may be applicable to it. By accepting these conditions, the Owner declares on his honor to comply with the obligations set out above and this prior to any rental of property that could be carried out through the Site.

10.6 The photographs included in the Advertisement must give a faithful image of the Vacation Rental; they must not be false or misleading and no person must appear therein; they must not infringe the confidentiality of personal data, intellectual property rights or any other third party rights.

10.7 More generally, the owner has the obligation to deliver a property that complies with the advertisement in terms of equipment which must be in good working order. In the event of a breakdown, breakage or malfunction, the owner is required to initiate a repair process immediately upon written notification from Booking Guys SAS and to inform it of the progress of the repair.

It is recalled here that the owner has signed a charge that he has undertaken to respect.

In the event of a breach of this obligation of means, BOOKING GUYS reserves the right to relocate users.

10.8 If an Ad violates these General Conditions of Use Owners, the Service Provider reserves the right to suspend or terminate, after formal notice sent by e-mail to the Owner acting as a consumer remained unsuccessful seven (7) days after its mail. The Listing in question or all Listings of the Owner in accordance with clause 7 hereof.

10.9 It is difficult to identify a User on the Internet and the Service Provider cannot bear full responsibility for confirming the alleged identity of all Users. The Service Provider recommends that the Owner communicate directly with the Vacationer using the tools made available to him on the Site, even if this does not guarantee the authenticity of his identity.

The Service Provider also recommends that the Owner take all the necessary measures to identify its potential Vacationers-Tenants and, for Vacationers-Tenants, to verify the information communicated on a property as well as the details of a confirmed reservation or proposed. The Owner agrees to (i) keep his account login information (password, username) as well as his personal email account (password, username) strictly confidential and secure, and to only disclose them to authorized third parties, (ii) give the necessary instructions to any person to whom he entrusts his username and password, so that said person does not disclose them to unauthorized third parties, (iii)_cc781905-5cde-3194-bb3b- 136bad5cf58d_ immediately notify the Service Provider and create new username and password for each of its accounts and personal messaging if it considers that unauthorized third parties may have had access to them (iv) immediately inform the Service Provider if the Owner is contacted by any third party requesting their username and password. In addition, if the Service Provider suspects any unauthorized access to the Owner's account, the Owner agrees, at the Service Provider's simple request, to change his username and password without delay, and to take any necessary action required by the Service Provider. in this framework. The Service Provider strongly advises the Owner not to give access to his username and password for his account or his personal email. However, if the Owner gives access to his username and password, or fails in his obligations to keep this information secure, the Owner is responsible for any transaction carried out by the third party using his username and password of his account. and his personal email, even in the event that these transactions are fraudulent and/or that the Owner did not wish to carry them out.

10.10 Transfer of Ad to third parties: after express authorization by the service provider and validation of the technical possibility with the platform concerned, it will be possible for the owner to obtain the transfer of the ad for his benefit. The owner will thus have to create a host account on the platform to which he wishes to transfer the advertisement created and administered by the provider on his own account The cost of the transfer will be a maximum amount of 15% of the turnover on the rolling year.

10.11 The Owner assumes responsibility for all costs relating to the Holiday Rental and the Listings and remains liable to the relevant authorities for all applicable taxes (including, where applicable, VAT) on the income it receives.

10.12 If the Owner is registered for VAT in his country belonging to the European Union, he must send a valid intra-community VAT number to the Service Provider.  The Service Provider will apply the reverse charge VAT to the Owner, pursuant to Article 196 of Directive 2006/112/EC on the common system of value added tax. Where Article 196 applies, Owner's invoice will not include VAT. The Owner may be subject to VAT in his Member State of residence. The Owner must provide a valid VAT number immediately, and no later than thirty (30) days after registration. If the VAT number is transmitted after the first 30 days, the Owner will not issue any VAT refund. If the Owner is based in France, the Service Provider will charge French VAT.

10.13 If, at its sole discretion, under one of its warranty or insurance schemes, the Supplier indemnifies a Traveler for loss caused by acts or omissions attributable to an Owner, the Supplier reserves the right to right to take legal action against the latter for the amount paid or contributed by the Service Provider in compensation for the loss.

10.14 The Owner undertakes to comply with the legal obligations defined in articles L.111-1 et seq. of the French Consumer Code concerning the information relating to the rental property to be provided to the Vacationer, insofar as these articles are apply to the Owner.

10.15 The Owner will comply with the law of January 6, 1978 relating to data processing, files and freedoms, in particular with regard to its obligation to respond to requests for access, rectification or deletion of personal data which are communicated to it. sent by Vacationers-Tenants to the Service Provider and to comply with all legislation and legal provisions relating to the collection, storage and use of data.

10.16 The Owner agrees not to rent his main residence for more than one hundred and twenty (120) nights per year. No exceeding of this duration will be accepted by the Service Provider, who will block reservation requests relating to this property. In general, the owner will comply with the legislation governing short-term rentals and carry out all the necessary procedures on his behalf or appoint an agent who can carry out these procedures on his behalf. 

According to the recent definition given by the law for access to housing and renovated town planning (Alur law), which entered into force on March 27, 2014, all "furnished premises intended for housing repeatedly for short periods at a transient customers who do not take up residence there" are affected by the change of use. The owner or his agent must send the service provider the certificate of change of use issued by the town hall of the place where the accommodation covered by this contract is located and/or the certificate of renewal.

11. Prohibitions
11.1 The Owner is not authorized to, directly or indirectly:

11.1.1 Exploit, copy, distribute, reproduce, modify, translate, make publicly available or decompile the Site, its contents, any database integrated into the Site, or any other similar element, in any way whatsoever, to the using automatic devices or through manual procedures;

11.1.2 Monitor content on the Site or communications with Vacationers-Renters using robots, spiders or other automatic instruments; provided, however, that an exception to the foregoing is provided both in respect of general internet search engines (excluding any website, search engine or other service offering classified advertisements or advertising Vacation Rentals, or any other subset of the foregoing, or engaged in the business of providing short-term property rental and other services that compete with those of the Site or _cc781905- 5cde-3194-bb3b-136bad5cf58d_Provider), and with regard to non-commercial public archives using information collection tools for the exclusive purpose of displaying hypertext links to the Site, provided, however, that each of 'they perform it from a stable IP address or series of IP addresses using an agent that is easily identifiable and compatible with the robots.txt file of  Provider;

11.1.3 Use the Site, the platform, the Provider's systems, or any information provided by a Traveler for purposes other than those authorized by these Owner Terms of Use;

11.1.4 Use the Site or the tools and services available on the Site to book or solicit the rental of property other than that displayed in a valid Listing;

11.1.5 Reproduce any portion of the Site on another website or otherwise, using any device whatsoever, in particular, by using a frame or border surrounding the Site or by employing any other framing technique allowing circling any portion or aspect of the Site, or identically reproducing or duplicating any portion of the Site;

11.1.6 Transmit, otherwise send or post any content or program that may cause system and network damage, or use any computer hardware or software that has harmful content or contains harmful programs;

11.1.7 Publish content that constitutes a violation of criminal legislation or regulations or any other legislation or regulations in force, in particular those relating to the protection of personal data and privacy, or incite anyone to violate them;

11.1.8 Use or consult the Site, the platform or the Service Provider's systems in a manner likely to harm a computer system or network, including by importing a virus (the term "virus" designating, for the purposes hereof, any program deliberately introduced into a system for no functional purpose and/or for destructive purposes, such as to display an irritating message or systematically overwrite data residing on a user's hard drive);

11.1.9 Post or transmit false, fraudulent or misleading information in any way, or commit any act that may be considered phishing (whether primary, secondary or otherwise) and which would result in criminal or civil liability;

11.1.10 Post or transmit any unlawful, threatening, abusive, defamatory, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;

11.1.11 Refer to the Provider in any way that may imply that the Owner, property, advertisement or website is sponsored, affiliated, partnered or endorsed by the Provider.

11.1.12 In an Advertisement, replace one Vacation Rental with another without the prior authorization of the Service Provider. Prohibited substitution activities include:

11.1.12.1 Multiple Rental Listings: using a single Listing to offer multiple Vacation Rentals in the same building;

11.1.12.2 Substitutions: modifying a Vacation Rental presented in an Advertisement while it is being booked;

11.1.12.3 Deception: proposing to the Vacationer who sends a request for information through the Site a Vacation Rental different from that displayed in the Advertisement concerned.

11.2 In the event of breach of this clause by an Owner, the Service Provider reserves the right to suspend or terminate, after formal notice sent by e-mail to the Owner acting as a consumer which has remained unsuccessful seven (7) days after its submission, the relevant Listing or all Listings associated with such Owner, in accordance with clause 7 of these Owner Terms of Use.

12. Display of Ads on Third-Party Sites

As part of the COMFORT and TRANQUILITY formulas, the Owner accepts that his advertisement be published on the websites of the Service Provider's partners as indicated in article 3.4.11 of these General Conditions.

13. Liability of the Owner

13.1 The Service Provider does not provide any civil liability protection to Property Owners or Managers or Holidaymakers-Tenants, even if a User has taken out an insurance policy through one of our third-party providers. Users are solely responsible for taking out sufficient insurance to protect their Vacation Rentals, tenants or trip, as the case may be. The Owners certify that they have or agree to obtain, before the arrival of their first Traveler, an appropriate and sufficient insurance policy to cover the rental of the Vacation Rentals which they have published on the Site, and they will maintain adequate insurance until on the date of departure of any Vacationer discovered through the Site.

13.2 The Owner shall be entirely and exclusively responsible for all the financial consequences resulting from the damage suffered by the Service Provider as a result of content or a program transmitted or sent by the Owner and which damages the equipment of the Service Provider, in particular by damaging the Site, its system or its data or by causing the failure of said system or failures in it. The financial consequences mentioned above will include lawyers' and experts' fees.
 
14. Indemnification
Except in the event that the Owner meets the criteria of the definition of consumer as specified by French law, the Owner agrees to defend, indemnify and hold harmless the Provider as well as their officers, directors, employees and agents. respective complaints, causes of action, claims, recoveries, losses, damages, fines, penalties, or other charges or costs of any kind and nature, including, but not limited to, any legal fees and reasonable accounting charges charged or incurred by third parties in connection with, resulting from or in connection with the following: it is added to the Site; (b) any wrongful use of the Site by the Owner; (c) any breach by the Owner of these Owner Terms of Use; and (d) any fault of the Owner in the provision of services and/or amenities during the Vacationer's stay.

 
15. How to contact us

15.1 Any communication from the Owner to the Service Provider must be sent to BOOKING GUYS SAS, 12 rue Miron – 06000 NICE using the contact form accessible from the home page of the Site or by post.

 
15.2 Notifications regarding infringements of an intellectual property right must include the following:

(a) the mailing address, telephone number and email address of the sender of the notice;

(b) detailed information about the content concerned (attach the image or quote the text), as well as a link to the site;

(c) a formal statement that:

(i) the Owner is the owner or the exclusive licensee of the industrial or intellectual property rights of the work concerned;

(ii) the Owner has not authorized the use of the relevant materials within the framework of the Site.

16. Limited Liability of BOOKING GUYS

Neither BOOKING GUYS nor any of its shareholders, managers, directors, consultants, agents and/or employees or any other third-party providers of a tool offered on the site of a member of BOOKING GUYS may be held liable for any loss of profits or any other indirect, special, incidental prejudice  or damages related to or resulting from the Site, the use of the Site by the Owner and/or any transactions carried out between Users, even if the Service Provider has been informed of the possibility of such damages. These limitations and exclusions will apply even if the damages in question arise from breach of contract, negligence, or any other cause of action. In all circumstances, BOOKING GUYS's liability to the Owner or any third party, in any circumstances resulting from or in connection with the Site, shall be limited to the greater of the following two amounts: (a) the amount of the Commission paid by the Owner to the Service Provider and (b) a global amount of 100 euros. Nothing in these General Conditions of Use Owners can exclude or limit the responsibility of the company BOOKING GUYS in the event of death or bodily injury resulting from a fault on its part, as well as in the event of fraud or representation fraudulent on the part of BOOKING GUYS.

This article is not applicable when the Owner acts as a Consumer.

 

Pursuant to the commitments made by BOOKING GUYS by displaying the rules of procedure within the accommodation, the latter cannot be held responsible for damage caused by travelers, nor for any neighborhood disturbances that may occur.

 

In the same way, users are reminded that the information collected is declarative, so that BOOKING GUYS cannot be held responsible for false declarations made by the owners or their representatives. This exclusion of liability applies even when BOOKING GUYS acts as the owners' agent for compliance with regulations in terms of short-term rentals (registration with the town hall, etc.)

Compliance with the rules of procedure is essential. In this state, the service provider cannot be held responsible in the event of a neighborhood disturbance, and reserves the right to sue. In the event of damage caused to third parties (for example neighborhood disturbances), BOOKING GUYS cannot be held liable.

 
17. Applicable law and jurisdiction

17.1 Relations between the parties will be governed exclusively by French law.

17.2 The resolution of any dispute between the Service Provider and the Owner will fall under the exclusive jurisdiction of the courts located in NICE.

 
18. General

18.1 If any provision of the Owner Terms of Use should be declared invalid by a competent court, this will not affect the validity of the other provisions of the Owner Terms of Use, which will remain in full force and effect, unless the nullity relates to an essential obligation of the General Terms and Conditions of Use, or to stipulations linked by a link of interdependence. The titles of the clauses of the General Conditions of Use Owners serve only for reference purposes and they cannot affect the interpretation of these General Conditions of Use Owners. No waiver of any provision of these Owner Terms of Use shall be deemed a further or continuing waiver of that provision or any other provision. In addition, any failure on the part of the Service Provider to enforce any provision of these Owner Terms of Use does not constitute a waiver of such provision and will not affect the ability of the Service Provider to enforce such provision in the future. . Except as expressly provided in an additional agreement, the additional terms concerning certain parts of the Site, including the Personal Data Policy and these Owner General Conditions of Use, constitute the entire agreement between the Service Provider and the Owner concerning the use of the Site. No changes may be made to these Owner Terms of Use except by posting a revised version of this page.

18.2 The Service Provider advises the Owner to keep a copy of these Owner General Conditions of Use in a specific file on his computer or on paper.

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Update date: 01/02/2022