GENERAL CONDITIONS OF SALES 1st January 2014
GENERAL CONDITIONS OF SALE OF THE WEBSITE www.MagicStay.com, website of service providers and hosting advertisements for furnished seasonal apartment rentals.
1. Object of the General Conditions of Sale
The WEBSITE is a community platform which offer different services (hereinafter referred to as "THE SERVICES"), particularly, the distribution and hosting advertisements for furnished seasonal apartment rentals and to be able to link the Internet users, commonly called: "the Users" or "the User". The websites are published by SAS Magic Event, with a capital of € 590,000 and the head office is based in 46 avenue des Termes - 06530 Peymeinade - France, Siret 795128248 00015.
www.MagicStay.com: website for seasonal rentals and for event-related service provisions
2. OBJECT - VALIDATION - ACCEPTANCE
On the one hand, the present conditions define the framework of USERS using the WEBSITE services as well as the relationships which could be established between them and the WEBSITE.
Using and/or the resorting to services offered to the USERS by THE WEBSITE implies the unconditional acceptance of these General Conditions of Sale (the GCS). Therefore, the USER declares and acknowledges having read and accepted the present GCS.
The service is exclusively reserved for persons legally capable of signing contracts under French law. For example, USERS must be at least 18 years of age, MAgic Event is reserving the right to terminate a contract without notice, if everything suggests that this is not the case.
3. EFFECTIVE DATE AND TERM OF CONTRACT
The GCS are applicable during the entire duration of the USER'S navigation and access of THE WEBSITE and for the entire duration of USER'S use of the SERVICES.
The USER is informed that the GCS may be subject to an update at any time according to the conditions of clause 25 of these GCS.
In the present GCS, it was agreed that the following expressions or words, whether they are used in the singular or the plural, shall have the following meaning:
IDENTIFIER: all the information related to each USER comprising of an identifier (e-mail address) and a secure password chosen by the latter in order to be able to access the personal account for each USER category.
USER ACCOUNT: part of the SITE dedicated to USERS and to all the information on their status: contribution to a blog and forum, internal inboxes, creation and management of FACT SHEETS, monitoring of the contributions on the social networks of THE WEBSITE, order management, reservation management, invoice management, accounting, etc.
INTELLECTUAL PROPERTY RIGHTS: all the literary and artistic property rights (copyright and neighbouring right), industrial property (trademark, design and model and patent) covered by the Intellectual Property Code and international treaties.
FACT SHEET: personal homepage of THE WEBSITE dedicated to all the information on each leased property, proposed service submitted to the LESSEE MEMBER, including particularly according to its nature: the description of the property/service, localisation, photography, price, availabilities etc. .
LESSEE MEMBER: refers to the USER who has leased a seasonal PROPERTY at least once and/or has reserved a SERVICE or finally, issued an invitation to tender.
SUPPLIER MEMBER: all natural or legal persons having:
- Proprietary claims on a Leased Property, who is an owner, tenant duly authorised by the owner, attorney duly empowered by the owner, to lease and/or sublet a building.
- A service to sell
LEASED PROPERTY: refers to all types of property which the SUPPLIER MEMBER has decided to lease to the LESSEE MEMBERS on the WEBSITE through the SERVICES OF THE WEBSITE.
SERVICE: all services offered by the SUPPLIER MEMBER pursuant to this document, whether it be, and without this list being exhaustive, personnel services and event-related services, car or boat rental services, advertising objects, etc.
WEBSITE or WEBSITES: all elements structuring THE WEBSITE accessible at www.MagicStay.com, www.MAgicProprio.com and www.MAgicOwner.com, as well as all the content created, including: the graphic charter, frames, banners, flash and video animations, source code, html code and programming.
USER: all legal or natural persons using THE WEBSITE and/or THE SERVICES, who are registered on THE WEBSITE under the conditions laid down in clause 5 of the GCS and the rights and obligations depending on the use: simple USER, LESSEE MEMBER, SUPPLIER MEMBER.
5. MEMBERSHIP AND REGISTRATION
In order to be able to access the website, the USER must register beforehand, and create a USER account. WEBSITE registration is free.
Upon registration, each USER provides his/her identifier on THE WEBSITE (last name, first name, e-mail address) and chooses a password to be able to access the services.
The set of information provided constitutes his/her "IDENTIFIER".
Each USER acknowledges his/her full liability for the use that will be made of the IDENTIFIER on the WEBSITE.
It shall undertake to perform all acts within the space reserved for him/her under their own IDENTIFIERS and any acts performed under these identifiers shall be considered to have been made by him/herself and under his/her own responsibility.
In the case of misuse or unauthorised use of his/her IDENTIFIERS by another USER, THE WEBSITE may not in any case be held liable and the USER must immediately inform THE WEBSITE of this situation by e-mail: email@example.com and by post to the following address: MAgic Event - 46 avenue des Termes - 06530 Peymeinade - France.
The USER has the right to access, modify, correct and delete the data concerns him/her, being informed that MAgic Event has declared the processed files, to the CNIL [National Commission for Data Protection and Civil Liberties] in accordance with the French Data Protection Act, no. 78-17 dated January 1978 modified in 2004. This right must be enforced by post to: MAgic Event - 46 avenue des Termes - 06530 Peymeinade - France or via e-mail at: firstname.lastname@example.org
6. PROPOSAL AND METHODS OF PUBLISHING THE ADVERTISEMENT
6.1. All USERS may submit rental and services advertisements to offer to Magic Event through THE WEBSITE. In order to achieve this, the USER will visit THE WEBSITE and more specifically visit the "Place an advertisement for free" tab, on the homepage of THE WEBSITE to enable his/her exact identification by entering all the correct information concerning his/her capacity and his/her duties carried out in the form provided for this purpose, as provided for by clause 5 of the CGS.
In order to be able to place his/her rental and services offer online, the USER must acknowledge and fully accept the GCS.
To place a rental or services offer on the WEBSITE, the USER must respond to a certain number of conditions.
The USER forwards all the correct information to MAgic Event concerning:
LEASED PROPERTY and its nature (surface area, address, rent, availabilities... )
SERVICE and its nature (characteristics, values, the bonuses, the rates, ... )
It was expressly agreed between the parties that prior to placing a rental or services offer on THE WEBSITE, the USER shall be personally responsible for the formalities related to protection and insurance of his/her LEASED PROPERTY or his/her SERVICE from competent administrations. In particular, he shall also ensure that he/she is in conformity with the legal, regulatory and tax provisions applicable. In no assumption, shall MAgic Event be held responsible for the violation of the aforementioned obligations.
6.2. Methods of publishing the Advertisement
6.2.1. Determination of the content of advertisements hosted on THE WEBSITE:
After having created a USER ACCOUNT according to the conditions of clause 5, the USER can place an Advertisement on THE WEBSITE by filling and validating the Internet application form communicated to him/her from the interface of his account.
The Internet application form consists of set parameters, concerning the information which cannot be modified by the USER directly online after an electronic validation and the modifiable parameters, concerning the information that the USER has the right to modify online at any time.
The electronic validation of the Advertisement by the USER results in it being taken into account immediately and its publication by MAgic Event. MAgic Event will not intervene with the content of the advertisement in any way.
The USER acknowledges that the provision of service will start immediately after its electronic validation, without MAgic Event exercising any control or any previous validation on the content of the Advertisement placed on THE WEBSITE or on the possible, subsequent modification of the modifiable parameters of this by the USER. Therefore, and by the implementation of clause L. 121-20-2 paragraph 1 of the French Consumer Code, the USER, in the case where he is considered a consumer, exercises no right of withdrawal which he/she expressly acknowledges.
The Advertisements and modifications of the Advertisements are transcribed by the MAgic Event services after the SUPPLIER MEMBER'S declaration appearing on the FACT SHEET which he/she previously completed and validated online, without MAgic Event exercising any control or any previous validation of placing an Advertisement online on the content of that form.
The USER is solely responsible for the accuracy of the information which he/she provided in the form which he/she previously validated by MAgic Event placing the advertisement on the website.
Therefore, the USER must verify the accuracy and fairness of the information posted on the Advertisement since it first went online and inform MAgic Event of all inconsistencies with the leased property and/or the information which he/she issued in the Internet form.
For each Advertisement, the USER describes the LEASED PROPERTY or the SERVICE according to the form available on line on the "Submit an advertisement for free" page. This description must correspond to the effective characteristics and mention the nature:
Of the LEASED PROPERTY, the dates and availability schedules of the rental, the location, the price and other useful information to better inform the USERS of the conditions of the provision of the rental.
Of the SERVICE, availability, price and other useful information to better inform the USERS of the conditions
Thus, the USER accurately and genuinely declares the information which it is obliged to circulate as part of his/her advertisement. He has agreed not to circulate erroneous, malicious, derogatory, deliberately misleading, illicit information as part of his advertisement and/or contrary to good moral standards according to the conditions of clauses 12 and 13 of the present GCS.
On no account shall MAgic Event be responsible in the event of any misconduct concerning of the obligations of the present clause involving the USER.
After the electronic validation of the Advertisement by the USER, it will be placed on the WEBSITE for the limited period. However, the USER can terminate the circulation of the Advertisement at any time from his personal account by archiving it. The USER can reactivate the circulation of the advertisement at any time.
6.2.2. Methods of inserting photographs in the advertisements:
The USER has the right to insert photographs into the Advertisement he/she will place on THE WEBSITE.
Nevertheless, the USER is informed that for reasons of proper management and proper administration of the WEBSITE, the photographs inserted in the advertisements placed online cannot exceed a fixed size of 1 megabyte and must be a JPG format.
MAgic Event has agreed to only use photographs transmitted by the USER as part of placing the advertisement online.
However, and by way of exception of the previous paragraph, the USER is expressly authorised to use the transmitted photos for the purposes of promotion in both electronic and physical communication of the service (creation and distribution of the advertising leaflets may integrate the aforementioned photographs. Nevertheless, MAgic Event has stopped themselves from commercialising the photographs directly and from receiving any form of remuneration as such.
6.2.3 Rating the advertisements
In order to facilitate reading the advertisements by the LESSEE MEMBERS, MAgic Event has developed a stars attribution system for the Leased Properties. This attribution is carried out automatically according to the criteria communicated by the SUPPLER MEMBER. Each criterion enables points to be earned which in turn enables the acquisition of stars. This service is not a substitute for official bodies but makes it possible to rate the advertisements according to the criteria of comfort. The SUPPLIER MEMBER can provide an official rating of the leased property at any time. This official rating will be added to the score. This official rating should be addressed by e-mail to: email@example.com
7. THE SUPPLIER MEMBERS
The SUPPLIER MEMBER is the USER who took the initiative to publish:
An offer to lease a PROPERTY, to ensure the rental is either in the capacity of the owner, or the tenant duly authorised by the owner (sublet), or the attorney duly authorised by the owner (contract of mandate).
An offer of service
In order to achieve this, the SUPPLIER MEMBER offers LESSEE MEMBERS the possibility to lease a property or services via THE WEBSITE.
The SUPPLIER MEMBER has 24 hrs to either accept or refuse to rent or provide the service. By activating the "welcome" option in his/her personal account, the SUPPLIER MEMBER no longer wishes to accept this deadline to accept or refuse to provide the service: the provision of service then becomes immediate.
He has agreed to place all the specific information about the leased property or service online in the corresponding FACT SHEET, and make it available to USERS.
He has agreed to update his FACT SHEET and to respond to the participation and questions of the LESSEE MEMBBERS as far as possible with the exception of certain information (address of the LEASED PROPERTY, personal contact details, or the name and address of the company offering the services, etc.) as provided for by clause 6.2.
For its part, Magic Event may, at any time, end the SUPPLIER MEMBER'S membership to the WEBSITES, if he/she does not respect the essential terms of the present GCS.
8. THE LESSEE MEMBERS
The LESSEE MEMBER is whoever wants to:
Rent the LEASED PROPERTY submitted and offered by the SUPPLIER MEMBER in accordance with the DESCRIPTIVE SHEET.
The service is submitted and offered by the SUPPLIER MEMBER in accordance with the DESCRIPTIVE SHEET.
He/she thus declares and approves the GCS by his/her membership.
By accepting the rental offer or the service offer online after having clicked on the "PAY" button, the LESSEE MEMBER may only cancel his acceptance according to the conditions of clause 15.
The contract entered into under the conditions of clause 2 of the present General Conditions will remain in place in relation to the LESSEE MEMBER as long as he/she will use the WEBSITE SERVICES or as long as he/she will remain a LESSEE MEMBER.
The LESSEE MEMBER may only terminate his/her membership following the instructions provided by Magic Event after sending an e-mail to firstname.lastname@example.org.
MAgic Event may also terminate it at any time, without notice if the LESSEE MEMBER does not respect the essential terms of the present GCS.
9. RENTAL AND SERVICE OFFER CONDITIONS OF ACCEPTANCE
9.1. From this USER ACCOUNT, the SUPPLIER MEMBER must enter a DESCRIPTIVE SHEET of his:
- LEASED PROPERTY, including the price of rent. The price must be quoted per night. The price may also include other charges (housekeeping, prepared beds, etc...),
If the SUPPLIER MEMBER requests a deposit or additional costs such as the consumption of electricity, it must be indicated on the advertisement. THE WEBSITES suggests an online payment solution for the deposit and the additional costs.
The LESSEE MEMBER must enter the booking dates and the number of guests according to the services.
9.2. When booking, the total price to be paid is displayed, including the price:
- Of the lease, service charges of MAgic Event and if need be, the costs (housekeeping, additional guests, etc.) or the options (insurance, assistance, concierge service, etc.).
- Of the service, the service charges of MAgic Event
The LESSEE MEMBER verifies that he/she has considered the additional costs and the security deposit which have been imposed by the SUPPLIER MEMBER during the publication of the Advertisement.
As and whenever necessary, it is reminded that MAgic Event does not directly intervene in the relationship between the LESSEE MEMBER and the SUPPLIER MEMBER to implement neither the management of the LEASED PROPERTY or the SERVICE of these additional guarantees.
9.3. All fees and charges must be indicated in the Advertisement. The amounts correspond to current pricesat the time of the conclusion of the contract. Any subsequent changes will not be considered if in the meantime, a LESSEE MEMBER has validated his/her reservation on the same day.
Once the LESSEE MEMBER has made a reservation request online, the SUPPLIER MEMBER has a deadline for 24 hours to accept or refuse the reservation on his/her USER ACCOUNT. The acceptance or refusal of this reservation shall be notified to the LESSEE MEMBER via the Website and by sending an SMS and/or an e-mail to a number or e-mail address indicated in the DESCRIPTIVE SHEET of the LEASED PROPERTY or SERVICE.
9.4. A confirmation e-mail is sent to the LESSEE MEMBER'S e-mail address provided during registration according to the conditions of clause 5 of the present document (and/or via the internet messaging system of the website) with a URL allowing him/her to pay the total price of the tenancy or service as well as the deposit.
Once the SUPPLIER MEMBER has validated the reservation, the amount of the deposit as defined in the cancellation rules and the deposit defined by the SUPPLIER MEMBER will be debited from the LESSEE MEMBER according to the terms and conditions of clause 10.
No other method or solicitation of the payment is authorised.
If the SUPPLIER MEMBER does not validate the reservation within 24 hours, the reservation request is considered cancelled and MAgic Event will try to offer a similar accommodation as fast as possible.
10. PAYMENT METHODS
For each validated accommodation or service, a recap of all the accommodations and services reserved which will clarify the date and the asking price will be offered in the USER's personal account via the WEBSITE on the "My account/account/my payments" page. The payment will be exclusively made using a bank card to the WEBSITE or via bank transfer.
This transaction is secure according to the SSLA 128BITS encryption and in order to reinforce all the scrambling and encryption procedures to optimise the protection of all personal details related to this payment method. The cost of the payment via bank card is entirely at the expense of the USER.
The accepted bank cards are: Carte Bleue, VisaTM, MasterCardTM, American Express and PAYPAL. It will proceed to directly debit the USER's bank card at the time of the reservation confirmation by clicking on the "PAY" button according to the conditions of clause 8 of the present document.
The SUPPLIER MEMBERS define their own payment conditions between strict, moderate, flexible and very flexible. The first instalment may be demanded and the payment will be paid before the tenancy. Finally, a sum known as the "deposit" may be debited as a security deposit from the bank card of the LESSEE MEMBER 8 days before arriving at the premises. The "deposit" is returned 8 days after the tenancy, unless the SUPPLIER MEMBER reports and justifies the disorder which occurred in the accommodation, to MAgic Event.
11. FINANCIAL CONDITIONS - REMUNERATION OF MAgic Event
On the one hand, the MAgic Event's service charges compensate its role of distributing advertisements and implementing access to these advertisements on the Internet between the SUPPLIER MEMBER and LESSEE MEMBER. On the other hand, it finances the taking out of insurance contracts as well as the transfer fees and the current taxes.
The service charges of the WEBSITES:
For the leased property: it is a percentage which supplements the rent decided upon by the SUPPLIER MEMBER as well as the transfer fees deducted from the amount of rent decided by the SUPPLIER MEMBER. On 01 October 2013, the service charges are established per tranche and per night, in the following manner: 15% on the tranche lower than € 250, 14% between € 251 at € 350, 13% between € 351 and € 450, 12% between € 451 and € 550, 11% between € 551 and € 650, and 10% above and beyond € 650. In addition, this also includes the transfer fees of 3% deducted from the rent of the SUPPLIER MEMBER.
For services sold online: it is a percentage deducted from the rate indicated by the SUPPLIER MEMBER. This percentage differs with the offered services. On 01 November 2013, the service charges shall be 15% of transfer, personnel, advertising objects, car and boat rental services, 10% for the meals service, caterers, events.
For services sold through the invitations to tender: The SUPPLIER MEMBER will have the possibility of buying access to the invitation to tender. The service charges are € 100 excluding tax for the invitations to tender lower than € 5000 excluding tax, € 200 excluding tax for the invitations to tender between € 5,001 and € 15,000 excluding tax, and € 300 for the invitations to tender greater than € 15,000 excluding tax. After the payment of these service charges, the SUPPLIER MEMBER receives all the contact details of the LESSEE MEMBER in order to best respond to the invitation to tender. In addition to these service charges, the SUPPLIER MEMBER undertakes to pay MAgic Event as a business contributor to the amount of 5% of the total turnover achieved by this invitation to tender. MAgic Event may, by all means available, verify the amount of the total turnover, either by the SUPPLIER MEMBER or by the LESSEE MEMBER. The SUPPLIER MEMBER has 7 (seven) days to communicate the total amount of the turnover after issuing each invoice related to the invitation to tender.
USERS are prohibited from defrauding the commission of MAgic Event.
12. THE GENERAL BEHAVIOUR OF USERS
At the time of your registration and signing up to these GCS, as well as by using the WEBSITE services made available to you, users of the WEBSITE are not allowed to transmit:
• Information for their registration that is incorrect or false
• Any information that contains personal data (name, telephone number, e-mail address, address of the LEASED PROPERTY etc.) to a lessee member or a supplier member which would defraud the commission MAgic Event.
• Any sensitive information about racial or ethnic origin or concerning political, philosophical or religious opinions, about memberships of trade unions, about sex life or health, or in general, contrary to public order and good moral standards.
If there is a breach or a violation of these rules due to the transmission of this information, in addition to the fact that it has the right to remove these contentious messages without notice, MAgic Event reserves the right to remove a USER's access to the services and to their Account. MAgic Event also reserves the right to obtain compensation for the damages suffered.
In any case, MAgic Event will not be held responsible in the event of the USERS' misconduct concerning the obligations and the above-mentioned duties.
The USERS shall ensure that any information communicated at a later date remains correct and they are not allowed to create or use other accounts on the WEBSITE than their own under their own identity without authorisation and/or that of a third party. They are reminded that any impersonation is liable to prosecution and criminal sanctions, and that any breach of this undertaking may lead to the immediate suspension without notice of the USER's account.
They also undertake in this same way, as provided in clause 5 hereof, and in the case that they are aware of impersonation of their identifiers by a third person who has access to their account, to inform the WEBSITE'S administration team by e-mail at email@example.com before confirming this by registered letter with an acknowledgement of receipt to the address: MAgic Event - 46 avenue des Termes - 06530 Peymeinade - France
13. THE PROPERTY RIGHTS OF THE USERS
13.1. The USERS explicitly declare that they are the sole owners of the rights attached to the content which they are planning on publishing and distributing through the services offered by the WEBSITES, namely intellectual works in general, such as works of music, films, videos, images, photographs, texts, etc.
13.2. The USER will therefore ensure:
• To be the sole owner of the contents referred to in clause 13 which he/she will publish on the WEBSITES, to be able to conduct their publication and be competent to grant MAgic Event the licence according to the condition of clause 13.1 above.
• Not to violate any of the protected rights through their publication, be it human rights or those provided by the intellectual property code (copyright, related right, trademark, patents, etc.)
• Not to use contents which would:
Cause harassment of third parties or bring third parties to harass each other,
instigate hatred, discrimination, racism, fanaticism and physical violence to individuals or groups of individuals,
constitute scenes of pornography, paedophilia, or any other shocking subject or content with links to Website reserved to adult audiences,
solicit personal information from minors,
provide telephone/fax numbers, street names, names, postal addresses or e-mail addresses,
constitute or advocate illegal activities or defamatory, injurious, obscene, threatening or slanderous behaviour as well as incorrect or deceptive information,
provide an illegal copy or non-authorised copyright works through the rights of others, patents or trademarks,
generate, provoke or favour the transmission of e-mails or chain emails, massive unsolicited mailing, instant messages, undesired advertising messages or unsolicited e-mails,
favour or encourage any criminal activity or company from providing indications or instructions on the method to promote illegal activities, the invasion of privacy, the distribution and creation of computer viruses,
solicit passwords or personal information of other USERS for illegal commercial purposes,
involve commercial activities and/or sales such as competition, sweepstakes, exchanges, advertisements and pyramids without written consent from MAgic Event,
distribute, reproduce, publish or modify the material protected by copyright, registered trademarks or all ownership rights belonging to third parties in any way, without their previous consent. The publication of the elements stated in clause 13.1 hereof, upon request of the USERS and through the WEBSITE grants MAgic Event a non-exclusive licence to use, represent, reproduce, communicate to the public from the WEBSITE or from the WEBSITE from any known or future electronic communication network (Internet, 2G, 3G and 4G mobile telephones, TV, ADSL, etc.), distribute and even modify the corresponding content, in this latter case to meet the needs and technical restrictions linked to the MAgic Event service, particularly when it concerns carrying out the digital compression of video and music files or formatting this content. This license is limited to necessary use for the sole Services, as long as this content is available and at the will of the Internet user alone and not a party external to the WEBSITE, without the prior express agreement of the latter.
Within the scope of the licence referred to in clause 12 above, MAgic Event may, within the framework of implementing the object of the present General Conditions of Sale, freely use, represent, distribute and reproduce all or part of the content published by the latter.
14. EXCLUSION OF THE RIGHT OF WITHDRAWAL
It is expressly reminded that under clause L. 121-20-2 paragraph 1 of the French Consumer Code, the USER, in the case where he could be considered a consumer, is not entitled toany right of withdrawal in relation to services having already been used with his/her agreement before the end of the full withdrawal period of 7 days.
In such cases, the USER already recognises that the reservations will not be reimbursed, as the said reservations under all circumstances are designated as such to USERS, before the conclusion of the provision of services, in the description of the SUPPLIER MEMBER offer.
15. CANCELLATION TERMS - INSURANCE
MAgic Event has concluded a hedging contract with the insurance broker Filhet-Allard, against risks encountered within the framework of the tenancy of the LEASED PROPERTY via the WEBSITE between the SUPPLIER MEMBER and the LESSEE MEMBER under the following conditions.
15.1. Owners insurance, inclusion
The general and specific conditions of this insurance policy can be downloaded directly from THE WEBSITES.
15.2 Tenants insurance, optional
The LESSEE MEMBER has the authority to take out an insurance concerning the LEASED PROPERTY. He/she must sign up for this option when making the reservation and paying for the LEASED PROPERTY.
16. TECHNICAL INTERMEDIARY - WEB PROVIDER
MAgic Event is a technical intermediary which enables the hosting and distribution of Advertisements on the WEBSITE which it publishes and only acts as an intermediary between the User and the Service Providers.
The User is informed that MAgic Event does not in any way act as a renter or intermediary under the French Act no. 70-9 of 2 January 1970 known as the "Hoguet Act" and decree no.72-678 of 20 July 1972.
MAgic Event does not intervene in the transaction between the LESSEE MEMBER and the SUPPLIER MEMBER.
MAgic Event does not exercise any control over the quality, reliability, security or lawfulness of the LEASED PROPERTY or of the SERVICES related to advertisements published on the WEBSITE by the LESSEE MEMBERS.
MAgic Event is technically not able to verify the veracity or accuracy of the contents of Advertisements published on the WEBSITES by Service Providers, nor can it control the ability of Service Providers to provide Services to the Users.
17.1. Renunciation - Warning - Conformity to the service
The USER hereby declares that he/she has verified the suitability of his/her needs prior to subscribing to the service him/herself. Furthermore, he/she declares to have received all the information and all helpful advice from MAgic Event to subscribe to this contract and that as a result he/she waives any objections on this point.
MAgic Event reminds the USER, as required, that it does not provide and does not have the intention of providing a transport service and/or act as a carrier. However, certain SUPPLIER MEMBERS will be able to provide this service exclusively under their sole responsibility.
In general, MAgic Event cannot be held responsible for the Advertisements published on the WEBSITES nor for the conditions of services provided when entrusted to external service providers.
Hence, the USER acknowledges to be aware that MAgic Event will not support any responsibility in this respect vis à vis the lessee member and the tenancy conditions of the LEASED PROPERTY or SERVICE provided directly by the SUPPLIER MEMBER to the LESSEE MEMBER.
MAgic Event does not select the potential USERS of the WEBSITE. The USER therefore understands that by using THE WEBSITE, he/she may be introduced to persons who might be potentially dangerous and that he/she uses THE WEBSITES at his/her own risks.
17.2. Standard tenancy agreement offered for information purposes - Warning
MAgic Event makes a seasonal tenancy agreement available to USERS that may be used by the SUPPLIER MEMBER and the LESSEE MEMBER subject to the verification of its compliance with the relevant legislative provisions by the latter; USERS are responsible for adapting to the said seasonal tenancy agreement model specific to their particular case and without making MAgic Event responsible in any way, following the conclusion of the fixed agreement. This standard tenancy agreement contains information provided by the SUPPLIER and LESSEE MEMBERS, under their responsibility and is exclusively communicated as an example.
MAgic Event invites USERS to include information concerning the SUPPLIER MEMBER and the LESSEE MEMBER in their seasonal tenancy agreement as well as the important reservation elements enabling the realisation of such a seasonal tenancy agreement.
• Description of the LEASED PROPERTY,
• Type of accommodation,
• Duration and price of stay,
• Number of beds,
• Amount and method of payment for the deposit...
The present information model presentation handed by MAgic Event excludes all responsibility of the latter in case of disputes between the parties regarding the use and content this model.
MAgic Event invites both the LESSEE MEMBER and the SUPPLIER MEMBER to seek the assistance of a legal professional of their choice for the purposes of preparing a seasonal tenancy agreement between them.
Finally, for all leases of PROPERTY outside the French territory, MAgic Event strongly recommends USERS to have a seasonal tenancy agreement in compliance with the applicable legislative provisions in the area in which the LEASED PROPERTY is located.
MAgic Event may, under no circumstance, be held responsible in the event of the USER failing to conclude a written contract protecting their respective interests.
18. INTELLECTUAL PROPERTY
MAgic Event is the exclusive holder of intellectual rights to the WEBSITES and particularly of all texts, comments, works, illustrations, videos and images, both audio and visual, reproduced on the Website as well as the databases of which it is the producer.
All these intellectual creations are protected by copyright, trademark law, patent law, the sui generis law of databases and right to image, and this worldwide.
MagicStay is aregistered trademark to the INPI [National Industrial Property Institute] under numbers 4032414.
This creation is the full and entire property of MAgic Event.
Nonetheless, it grants USERS a license allowing them to reproduce and display content on the WEBSITE if they are recognised as such within the meaning of clause 13.1 above, but only and strictly for their personal use as part of the display of this WEBSITE and the use of its services.
This license nonetheless excludes the right of USERS to modify, copy, translate, broadcast, publish, transmit, distribute, produce, display or assign the rights of any content appearing on the Website and by its intermediary.
To this end and in accordance with the provisions of the Intellectual Property Code, only use for private use subject to the various, more restrictive provisions of this code is authorised
Any other use constitutes forgery and is punishable under the Intellectual Property [Code] except with the prior authorisation of MAgic Event.
As a reminder, the act of placing a hyperlink intended for the WEBSITE, using a technique called framing or deep linking is strictly forbidden as provided in clause 19.3.
Any other use constitutes forgery and is punishable under the Intellectual Property [Code] except with the prior authorisation of MAgic Event.
Any form of full or partial copy, aspiration or reproduction of the database produced and used by MAgic Event on the WEBSITE is formally prohibited without its prior written agreement.
19. SCORE OF THE LESSEE MEMBERS - WEB-BASED SHARING TOOL 2.0 - HYPERTEXT LINKS AND HYPERLINKS
19.1. MAgic Event has set up interactive communication tools known as “Web 2.0” that allows the USER to comment and rate the tenancy conditions he/she could make use of via the WEBSITES. The comments and messages published on the WEBSITES by the USER at this time must comply with the rules set out in clauses 12 and 13 of the GCS.
Following on from this, MAgic Event reserves the right to publicly address certain warnings on the website to SUPPLIER MEMBERS following repeated complaints and formulated by unsatisfied USERS.
In exceptional cases, MAgic Event reserves the right to rate the LEASED PROPERTIES according to the objective criteria (number of photographs, wealth of the descriptive sheet, etc.).
19.2. MAgic Event has developed a tool enabling USERS to share all desired information (apartment rental, etc.) with their friends through the different community Websites, social networks and blogs published by third parties.
19.3. Nonetheless, MAgic Event exclusively authorises the USER to use this type of communication and sharing for the purposes of promotion, excluding any commercial use or unrelated to the promotion of the MAgic Event projects.
19.4. The WEBSITE may contain, where applicable, hypertext links and/or hyperlinks that refer to Websites published and hosted from third party servers, and particularly concerning advertising banners, over which MAgic Event has no control and cannot control.
MAgic Event refuses to accept any liability for the legal consequences linked to accessing these WEBSITES.
The USER may not publish hypertext links on his/her personal page or forums when these links refer to Websites whose content breaches the provisions of clause 13.2 hereof.
Similarly, any contentious link noted by MAgic Event and/or that is the subject of a notification by a third party must immediately and without delay be removed upon request by MAgic Event.
Otherwise, MAgic Event reserves the right to directly remove litigious messages and in the event of repeated infringement to permanently delete the USERS account with all legal consequences as provided by clause 12 hereof.
The use of hypertext links and/or hyperlinks pointing to the WEBSITES is authorised by MAgic Event within the strict framework of promoting the Website (or Websites) and projects but on the prerequisite that the whole of the WEBSITES is preserved and that there is no risk of confusion between the WEBSITES and Websites published by third parties being noted.
From this perspective, MAgic Event formally prohibits each USER from using framing, inline linking and deep linking techniques relating to the unauthorised servile reproduction of the Website content and its inclusion on web pages published by third parties.
20. CORRESPONDANCE BETWEEN PARTIES
Unless specifically provided in these GCS, correspondence exchanged between USERS and MAgic Event shall be carried out by e-mail via the Website.
Elements such as the time of receipt or issue, as well as the quality of the data received shall be priority evidence as they appear on MAgic Event’s computer systems, or as authenticated by the MAgic Event's computerised procedures, except where written proof is otherwise provided by the USERS.
21. RESPONSIBILITIES OF THE WEBSITE
21.1. MAgic Event hosts Advertisements and messages published by USERS on the WEBSITE.
MAgic Event only acts as a technical intermediary complying with the provisions of clause 6-1-2 of the French act concerning Trust in the Digital Economy of 21 June 2004, known as "LCEN".
The responsibility of MAgic Event with regards to third parties may only be established after having been notified of the unlawful nature of the content distributed on the MAgic Event's WEBSITES. This is what will lead MAgic Event to proceed on its own initiative and by the authority of withdrawing the corresponding files, by simple notification made under the clause 6.1-5 of this law, concerning the contents referred to in clauses 12 and 13 hereof and which are either prohibited or infringe the rights or intellectual property of the person.
21.2. The responsibility of MAgic Event with regards to the USER may only be established if the obligations of the GCS were not fulfilled.
MAgic Event cannot, under any circumstances, be held liable for the tenancy conditions offered directly by the SUPPLIER MEMBERS as well as in cases infringements of the provisions in the current laws and regulations by the USER MEMBERS.
The SUPPLIER MEMBER retains the sole responsibility of informing the USERS of the details concerning the tenancy of his/her LEASED PROPERTY or his/her SERVICE. He/she is the only person responsible for the description of the tenancy conditions offered for sale online.
21.3. MAgic Event shall not be held liable for the loss of data entered in sections reserved for USERS, including those that relate to content published through the WEBSITES.
USERS have fully aware of the provision of this clause and including the guarantees and limitations of the aforementioned responsibility, essential conditions without which MAgic Event would never have contracted.
Similarly, MAgic Event assumes no responsibility for the links on its WEBSITES with other websites which it does not own and cannot control. Consequently it exercises no control over the content, charters of personal data protection or the practices of the third party published websites.
MAgic Event is not responsible for the availability of these websites and can neither control the content nor validate the advertisement, the products or other information distributed on these websites.
21.4. MAgic Event does not intervene in the conclusion of the:
- Seasonal tenancy agreement between the SUPPLIER MEMBER and the LESSEE MEMBER.
- Service agreement between the SUPPLIER MEMBER and the LESSEE MEMBER.
Therefore, it does not exercise any control over the quality, reliability or the lawfulness of the agreement or the service suggested by the WEBSITE.
22. FORCE MAJEURE
22.1. Any event beyond the control of MAgic Event and against which it cannot reasonably protect itself constitutes a case of force majeure and to this end the obligations of the parties are suspended. Such events include, but are not limited to: a strike or technical breakdown (EDF, ERDF, telecommunications operators, internet access providers or hosts, registrars, etc.), a stoppage in the supply of energy (such as electricity), a fault in the electronic communication network that MAgic Event depends on and/or networks that substitute it.
22.2. MAgic Event cannot be held liable, or considered as having breached its obligations provided in these General Conditions of Sale, or any non-performance linked to a case of force majeure such as is defined by French law, case law and the present contract.
23. TECHNICAL PROVISIONS
The services are provided as is and insofar as they are available.
MAgic Event does not guarantee supply without error, without isolated and secure interruptions of the services offered by the WEBSITE.
It has no obligation to provide personalised, and particularly technical, assistance.
It disclaims all express and implied warranties, especially regarding the quality and compatibility of the WEBSITE to the USERS' actions.
It does not guarantee any results nor benefit from the use of the suggested services through the WEBSITE.
Neither does it guarantee that the files transmitted by the USERS are safe from intrusions by non-authorised third parties nor corrupted or downloaded or that the information and the data circulating the Internet is protected against such attacks or possible diversions.
24. GENERAL CONDITIONS OF SALE UPDATE
THE WEBSITE are likely to modify and/or update the terms of the GCS, as well as the specific conditions according to certain economic and legal necessities; when using the services the USERS will be informed and will be given eight (8) days to give notice, by letter or e-mail, of their rejections of the modifications suggested and accordingly request the deletion of their user account.
Otherwise, the suggested modifications will be considered as tacitly accepted by the USERS and the agreement will continue until complete.
THE WEBSITES reserve the right to modify the service characteristics, at any moment, without the said modifications resulting in substantial modifications. THE WEBSITES therefore notify the USERS of this change fifteen (15) days before these conditions come into force. The SUPPLIER MEMBER must unreservedly validate and accept the GCS in force at the time of his/her registration, during the transition of a new advertisement and during the validation of a tenancy.
The provisions of the present GCS express the entirety of the agreement concluded between the USERS and MAgic Event. It takes precedence over any proposal, correspondence exchanged before or after the signing of the present agreement, as well as over all other provisions contained in the documents exchanged between the parties and relative to the object of the GCS, except the amendment signed by the representatives of the two parties.
If one or several provisions of these GCS are held not to be valid or declared as such in the application of a law, a regulation or following a final decision by a competent court, the other stipulations of these GCS shall maintain their force and scope.
Where applicable, MAgic Event undertakes to delete and replace this clause immediately with another clause that is legally valid.
27. ATTRIBUTION OF JURISDICTION - APPLICABLE LAW
All difficulties that emerged from the interpretation and/or the execution of the present GCS will be submitted for consideration to the competent French courts, the only applicable law being the French laws.
*** Version updated on 1st January 2014