My Home In Cannes Trip terms of use

1. Generalities - Acceptance of Terms of Use for the websites My Home In Cannes

- Operated by the company My home in SAS.

1.1 By registering on one of the websites My Home In Cannes as owner (person making an advertisement for a holiday rental) or tenant (person wishing to book a holiday rental) you accept these terms of use and any changes that could be made later. You agree to review the terms of use on a regular basis and acknowledge that the update of these conditions on such websites constitute sufficient notice if any changes thereof. These conditions rule the relationship between tenants, owners and the company My home in. Owners and tenants are gathered together under the concept of users.

1.2 By agreeing with these Terms of Use, users acknowledge that the company My home in is not directly involved in a rental contract that may arise from linking a tenant with an owner through one of the websites My Home In Cannes. This contract is established between the tenant and the owner only, as mentioned in the Booking Terms. The mission of the company My home in is limited to advertise vacation rentals and to facilitate contact and contractual relationship between owners and tenants.

1.3 In the event that a reservation is entered into via one of the websites My Home In Cannes, the agreement of the Terms of Use implies the agreement of the Booking Terms. These booking conditions are if need be, an alternative to conventional rental contract and rule the relationship between the owner and the tenant.

1.4 The company My home in does not charge any service fees if an owner registers a property on one of its sites or when a tenant does a search on one of its sites. It is only in the event that an owner and a tenant enter into a rental agreement through one of the My Home In Cannes websites that service charges are applied.

2. Missions & Limitations of liability

2.1 Services provided: by agreeing with the Terms of Use, users expressly acknowledge that My Home In Cannes websites' sole mission is to contribute to the highlighting of properties available for rent to enable the owners and tenants users to enter into rental agreements between each other. The Company My home in is not involved in the rental contract between an owner and a tenant, that together agree on the terms of this agreement and are one towards the other responsible for the execution of their respective obligations ensuing such contract. Therefore, the Company My home in's Liability cannot be committed directly or indirectly through a rental agreement binding an owner and a tenant. As mentioned before, the mission of the company My home in is limited to the supply of websites allowing owners to promote their goods and tenants to find a vacation rental as well as providing various services to facilitate and secure the contractual relationship between landlords and tenants. It is raised to the users? attention that the company My home in does not buy, hold, sell, provide, or manage any of the properties available for rent and listed on one of its sites, nor enter into a contract in its own name for making available such property. The company My home in does not provide and cannot provide any housing for tenants. My home in / Very Dog Trip websites act as platforms that allow the registered owners themselves to offer and provide tenants with holiday accommodation available for rent.

2.2 Validation of classified ads: The company My home in is in no way liable for the state of properties listed on its site. The company My home in does not endorse any properties listed on its site and its missions are limited to ascertaining that to each owner registered corresponds a valid phone number when registering. The Company My home in also monitors the quality of pictures uploaded by the owner to ensure that the quality of these is adequate for the tenant to have a clear idea of the good he intends to rent. However, My home in cannot guarantee compliance of the pictures with the property actually offered for rent by the owner.

Owner means : the owners displaying ads on such websites as My Home In Cannes may be the owners of such housing or their duly representatives, authorized to do so by the last mentioned as well as conclude rental agreements on the concerned housing on behalf of the owner. The Company My home in cannot and does not control the orders given by the owners to their representatives and therefore cannot be held liable for any failure in the existence and / or the content of such orders.

3. Opening a user account on the website My Home In Cannes

3.1 The use of My Home In Cannes websites requires creating a user account. A single user account allows acting as an owner by distributing rental ads but also as a tenant, by booking vacation rentals. A user account enables access to all My Home In Cannes websites. By registering you state being more than eighteen years old and guarantee that the information you provide regardless of its type, is true and correct. You agree to update it if necessary.

3.2 Creating an account on one of the My Home In Cannes websites allows you to access different services and features. These services and features are subject to be modified at any time by the company My home in. The Company My home in retains the possibility, if it deems necessary to suspend or cancel a user account.

3.3 You authorize the Company My home in to be able to contact you by email or phone for everything related to your user account and its management (reservation requests, booking confirmations, etc.).

3.4 You are free to cancel your user account at any time.

3.5 A user account is established personally. Any use of a user account in order to publish inaccurate, misleading or outdated information or content that would not be appropriate to other users of our websites will result in an immediate closure of your user account.

3.6 As part of the exchanges that you may have with other users of the websites My Home In Cannes you agree to communicate in a courteous and professional manner. It is strictly forbidden to disseminate commercial messages, or any message aimed at diverting a user concluding a reservation through the website to make him conclude it via another medium or by mutual agreement. It is strictly forbidden to disclose information such as phone number, email address, website, or other information aimed at a direct contact with another user. The finding of a single attempt will result in the simple and permanent removal of the account and potential lawsuits.

4. Contents spread on the websites My Home In Cannes

4.1 The company My home in grants users the limited, revocable and non-exclusive authorization to access to its websites to post ads for goods intended for holiday rental, and/or and / or to search, view or request information from users relating to rental accommodation projects for their personal use, if necessary, and provided always that such users comply with these Terms.

4.2 The contents published by users of the websites My Home In Cannes fall exclusively within their responsibility. By content, reference is notably made and this on a non-exhaustive way, to the descriptions, photos, videos views, inventories, diagnostics, etc..

4.3 It is reminded that the company My home in makes available through its websites technical platforms that allow users to distribute content. Given the activity, this content may be modified constantly. The company My home in cannot and has no obligation to monitor the content published. Therefore, the information provided by users may prove to be inaccurate, inappropriate, or in some cases incorrectly filed. The company My home in does not issue any guarantee about the contents posted by users on its websites and invites each of them to check the information provided, notably in order to conclude a reservation contract for which the liability of the company My home in cannot be engaged in any way.

4.4 Although the company My home in does not own nor control none of the contents distributed by the users of its websites, each user agrees that by posting information on a website My Home In Cannes, declares and guarantees that he is entitled to grant the Company My home in, a non-exclusive, perpetual, irrevocable authorization, which he grants without pecuniary compensation nor geographic boundaries, to copy, display, adapt, modify, distribute, to organize the distribution or promote such content but also to possibly grant sublicenses on the above mentioned items. Furthermore, by posting content to any of the My Home In Cannes websites, the user automatically grants the company My home in all necessary rights to prohibit any display, aggregation, copying or subsequent operation of the said content by any third party for any purpose whatsoever.

4.5 Users are solely responsible for the distributed content and agree that the company My home in only acts as a passive distribution and publication medium of the content. The company My home in reserves the right to take any action in relation with a content that may incur its liability. Each user declares and guarantees that his content:

(a) Does not infringe any copyright, patent, trademark, trade secret or other property right (intellectual, industrial or other) or right of publicity or confidentiality;

(b) Does not violate any law or regulation;

(d) Is not obscene ;

(e) Does not include neither any incomplete, incorrect or inaccurate information about the user nor any information about another person;

(f) Is free of viruses, Trojan horses, computer worms, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system and any data or personal information.

(g) Is free of any information aiming the tenant to book a holiday accommodation outside My Home In Cannes portals and in particular a specific markup on the photos or any reference to another website (including the one from the owner or his/her representative).

4.6 In any event, the company My home in is under no obligation to publish content posted by a user and therefore decides to its publication in a fully discretionary manner.

4.7 Duplicate contents: it is strictly forbidden for any user of the websites My Home In Cannes or anyone consulting these to duplicate any contents whether they are posted by users or by the company My home in itself. This prohibition to duplicate also extends research data tools or data extraction except for the said one given to common internet search engines (Google, Bing, etc.).

5. Terms of use specifically applicable to owners

5.1 Insurance: by accepting these terms of use the owner or his agent certifies that the nominated property for rent is duly insured for the practice of such activity. The owner also certifies that the operating terms of the nominated good for rent meet the laws in force in the country where the rented property is located. The owner agrees that the property proposed for rental meets these two obligations unceasingly. The liability of the company My home in cannot be held in case of breach from the owner.

5.2 My Home In Cannes websites give owners the opportunity to circulate rental ads in order to conclude rental contracts. To this end, it is up to each owner to accurately answer all the questions in the classified submission form, and notably to inform the exact address of the property leased as well as rental rates and side costs such as housekeeping, linen, etc. The owner is solely responsible for the information provided on the leased property and only his liability may be incurred in the event that the data provided prove to be wrong or misleading..

5.3 Anyone posting a classified on any of the My Home In Cannes websites acknowledges being the owner of the property for rent, or his duly representative authorized to disseminate information on the property and to enter into rental contracts with users of the My Home In Cannes websites on behalf of the legal owner.

5.4 The services provided by the company My home in through its various sites consist of providing assistance to the owners to create their ads and efficiently promote their property with potential tenants, and providing users of its websites with IT tools enabling them to communicate. It results from the services provided to owners, some information requests and reservation requests sent by the tenants and received only by the owners. Rental contracts may result from these reservation requests. Any lease entered into between a landlord and a tenant through My Home In Cannes Trip websites, is agreed on the basis of information and criteria chosen by the owner of the leased property and to which the tenant is fully committed without any restrictions. It is expressly stated that the company My home in cannot act, or act as neither an agent nor a representative of the owners at the time of entering into a rental contract, and therefore, any rental contract resulting from a reservation is entered into by mutual agreement between the landlord and the tenant only. The company My home in can neither be directly involved in any rental contract nor act as a broker, insurance or travel agent. However, the company My home in acts as an intermediary declared by the owner for the management and the funds collection paid by the tenant as part of a rental contract. By Management, it is only understood the payment of funds to the owner, the cancellation processing and the deposit issues as appropriate. .

5.5 Specific reminder on the notion of travel agent: the company My home in does not act in any way as a travel agent with respect to the providing of its services, and rental contracts that landlords and tenants sign together, and this especially because the company My home in is not party to the contracts and that it doesn't neither buy nor resell or provide holiday accommodation or travel services. If from a legal perspective or from the tax authorities' opinion, the company My Home In can be considered as a travel agent, any user of the My Home In Cannes websites acknowledges that in the context of these Terms of Use, the company My home in cannot be considered as such.

5.6 Remuneration for services provided by the company My home in: considering the services provided to both owners and tenants, the company My home in is brought to receive service fees at the time of the conclusion and effectivity of a rental contract. The service fees are calculated on the basis of a percentage of the rental price per week and their costs are split between the owner and the tenant according to the following:

For rental prices per week below 3000 euros: service fees for the owner is equal to 3.9% ex VAT and insurance. Service fee for the tenant is equal to 8,5% VAT included together with a 2,5% VAT included fee linked to the cancellation insurance and the Civil liability insurance.

For rental prices per week above 3000 euros and up to and equal to 5000 euros: service fee for the owner is equal to 3.9% ex VAT and insurance. Service fee for the tenant is equal to 6,5% VAT included together with a 2,5% VAT included fee linked to the cancellation insurance and the Civil liability insurance.

For prices above 5000 euros: service fees for the owner is equal to 3.9% ex VAT and insurance. Service fee for the tenant is equal to 5% VAT included together with a 2,5% VAT included fee linked to the cancellation insurance and the Civil liability insurance.

5.7 Explanations of additional costs to the rental price: it is up to each owner to include explicitly in the ad additional costs to the price of the rental. By additional costs, it is commonly understood cleaning fees, providing linen, providing baby equipment, etc. The company My home in does not accept any request or complaint from owners relating to additional costs not or poorly specified and accepts no liability associated with such costs..

5.8 Explanations of security deposit: upon owner's request, The company My home in can take a deposit on behalf of the latter. This deposit takes the form of an authorization to debit the credit card given by the tenant when booking. By taking this deposit, The company My home in cannot however protect the owner against an inability to debit this credit card if necessary and at the appropriate time for reasons such as card expired, insufficient funds, etc. If the owner requests the company My home in so that the tenant's credit card shall be debited due to any damage during the rental, the company My home in will only proceed to the debit from the time when there is an agreement between the tenant and the owner. The company My home in cannot be held liable for refusing to debit the tenant's card while there would be no agreement between the parties. In the event of a debit, the amount paid to the owner will be paid after deduction of bank transaction fees equal to 1% of the amount to be debited. In case of damage and in order that the deposit may possibly be implemented, the owner must inform the company My home in (by email and telephone) within 24 hours following the tenant vacates the premises. The starting point of this deadline is the departure time shown on the description sheet of the property and within the specific conditions of reservation. If nothing is mentioned, the reference time set by default is 10:00 am.

5.9 Reservation requests and effective rental: each owner must respond within a maximum of three days to an information request and within a maximum of 36 hours to a reservation request. At the end of these deadlines, applications expire and a message of unavailability or refusal is automatically sent to the applicant. If an owner answers to a reservation request stating that the property is available and if the same owner accepts and then confirms the reservation of a tenant via one of the websites My Home In Cannes, a rental contract is deemed to be concluded on the basis of the booking conditions and the specific elements of description and prices reported by the owner on his property. The company My home in then forwards the owner and the tenant the detailed contact information of the other party. It is up to the owner as the tenant to carry on using the website My Home In Cannes as a platform for all of their communications, and particularly in case of cancellation. Each owner has the sole responsibility to honor the reservations he has accepted and put at the tenant's disposal the property listed on the website My Home In Cannes in accordance with the terms, conditions, rules and restrictions determined and agreed with the tenant. The owner (or his representative) acknowledges and agrees to be responsible for his acts and omissions and for the acts and omissions of any person who resides or is present in his vacation housing. In case of breach of this obligation from the owner, the owner's cancellation policy as defined in Article 5 of the booking conditions apply. The owner is also the sole responsible for compliance with laws, rules and regulations that may apply, including taxation and Value Added Tax. These being specific to the country in which the rented property is located. The company My home in does not provide any advice on the matter.

5.10 Payment of the rental price: the company My home in acts as mandatory of the owner to collect the rental price. The liability of the company My home in cannot be held for failure of payment in connection with fraudulent use of a credit card or else upon expiry of the latter. Once the owner confirms the tenant's reservation request the tenant's credit card is debited in one or more transactions and the funds are held by the company My home in on a dedicated account for this purpose. These funds are transferred to the owner within a period of two to four working days following the tenant's entry in the premises, excluding My home in company service fees, which the owner as well as the tenant, by accepting these terms of use, authorize the company My home in to deduct from the amount paid. By working day, it is understood the opening days of the French banks. Payment of funds may be suspended if the tenant informs the company My home in in a maximum of 8 hours after arrival that the property does not conform to the description made of it or that the rent shows a particular problem. The time of check in into the premises used for the calculation of this deadline is the time specified in the specific conditions of the rented property or otherwise 16.00 p.m. The company My home in reserves the right to pay an owner in installment if the rental contract exceeds 21 days. In the event that the owner does not honor a reservation, logically he looses his right to receive the price of the rental and the company My home in then holds the funds collected to pay them back to the tenant under the terms set in the booking conditions.

5.11 Cancelling a reservation:

(a) By a tenant: Tenants can cancel their reservation at any time. It is the cancellation policy chosen by the owner, as defined in the booking conditions, which are then applied. If an owner changes its cancellation policy, the applicable conditions are those in effect on the date the rental contract was entered into.

(b) By an owner: an owner is not supposed to cancel a reservation. If exceptional circumstances require him to cancel a reservation, the owner should contact the company My home in and refer to section 5 of the Booking Conditions regarding the responsibility of the owner.

(c) The Company My home in reserves the right to cancel a booking at any time, for reasons of safety or protection against fraud. It will be generally this way in cases where our fraud detection procedures report an incident concerning the credit card used. In these cases, the cancellation policy that the owner has chosen will not intend to be applied and no amount whatsoever will be paid in respect of the cancelled reservation.

5.12 : Comments and reviews: the company My home in claims to be an interactive website where each of the Members enriches by his comments the community to which he belongs. Therefore tenants who rented the property of an owner shall be entitled to leave a review on the latter. The owner cannot in any case oppose reviews being left on his property but on the other hand, he has the opportunity to respond, whether the comment is positive or negative. We remain vigilant to ensure that our website remains a courteous and relevant place of community exchange. We will delete any comment containing personal attacks or insults and such irrelevant comments. If you consider being the subject of a comment that does not match our charter, please let us know for rectification.

6. Terms of use applicable specifically to tenants

6.1 Besides general conditions mentioned in sections 1, 2, 3 and 4 hereof, conditions that specifically apply to tenants are defined under the booking conditions. Each tenant is invited to take notice of them and give particular attention to the following points:

(a) Description of the rented property and maximum number of occupants

(b) Services included and not included in the rental price

(d) Cancellation Policy applicable to the rented property

(e) Security Policy applicable to the rented property

(f) Arrival and departure / check in and check out time

(g) The company My home in service fees A tenant making a reservation through My Home In Cannes websites has to refer to "My bookings" section of his user account in which are summarized the booking conditions ruling the said rental.

6.2 Changing a reservation: It is recommended to the tenant wishing to change a reservation to contact the owner of the rented property via the My Home In Cannes websites used. Even if the tenant and owner would agree on changing a reservation contract (dates, prices, etc.) but this change would be made directly with each other, the tenant will not be able then to take advantage of protection conditions established by the company My home in such as the payment of the owner after check/entering (in) the premises, etc.

6.3 Cancellation of a booking: in case of cancellation of a reservation by the tenant, it is the cancellation policy chosen by the owner and accepted by the tenant that applies.

6.4 Comments and reviews: By accepting these terms, the tenant agrees that owners can also submit reviews as for him in order to share their experiences with other owners. We remain vigilant that personal attacks, insults or discourteous comments remain absent from our website and therefore we shall apply the deletions required for this purpose.

7. Exclusion of guarantees

7.1 The contents posted on My Home In Cannes websites are provided as it is without guarantee, statement, or insurance as to their accuracy. The company My home in excludes:

(a) (a) All conditions, warranties or other commitments derived from a legislative or regulative clause,

(b) Any contractual or tort liability (including negligence) for any direct, indirect or induced damages suffered by a user visiting a website to which one of the websites My Home In Cannes has links.

(c) l(c) It is reminded to the owner that the performance of his advert depends on the quality of the rented property, its description and on the owner's ability to deal with a tenant. The company My home in's liability cannot be held for losses of profits, income, business income, contracts, clientele, planned savings or data.

7.2 Although these terms require users to provide accurate and complete information, the company My home in cannot verify the supposed identity of users. It is the responsibility of each user to establish the identity of the people contacted via one of the websites My Home In Cannes. The company My home in does not accept liability related to damage or injury caused by the interaction between users.

8. Waiver and Compensation

8.1 By using the sites and services provided by the company My home in, you agree that any legal remedy or for liability that you seek to commit in relation to acts or omissions of other users or third parties are limited to an action against the user or users or other third parties to the exclusion of the company My home in.

8.2 You guarantee the company My home in (and its officers, staff and any subsidiaries) against any legal action for liability, damages, costs, losses, claims, expenses (including attorney fees and counselling) that the company My home in may suffer by:

(a) The violation of third parties' intellectual property rights or by the fact of your content,

(b) Any damages, expenses, loss, claim or cost suffered by a user related to your content or holiday accommodation offered or reserved by you on the website.

9. Data Confidentiality

Our Company collects information about you when you create your Customer Account. This information enables us to carry out operations relating to the management of customers, prospecting, the commercial statistics, management of requests for access, rectification and opposition rights, management of unpaid bills and claims, management of promotional offers, and the management of reviews. This data may be used to send information and promotional offers from our company My home in SAS, of which you can unsubscribe from at any time by unchecking the option on the My Account / Manage my Newsletter subscriptions.

The legal basis for this data processing is the execution of these Terms and Conditions. Prospecting for similar goods and products is based on the legitimate interest of our company. The other prospecting operations are based on your consent. The recipients of your data are the departments of our Company, our subcontractors, authorities and judicial officers legally entitled to receive such data.

Your data will only be stored for the time necessary to achieve the purposes mentioned later, and in accordance with the legal retention rules applicable in commercial matters. In accordance with the provisions of the French Data Protection Act of 6 January 1978 (amended) and the General Regulation on Data Protection, you have a right of access, rectification, portability and deletion of your personal data. You can also request the limitation of your data processing.

To find out more or exercise your rights, please write to info@myhomein.fr or My home in, 4 rue de l'Eglise, 92200 Neuilly sur Seine - France. Your request must specify your surname(s) and first name(s), customer number and enclose a copy of your ID. You may also, for legitimate reasons, object to the processing of your data and have the right to withdraw your consent at any time as personal data are processed based on your consent.

The consumer is informed of the possibility of registering on the Bloctel list of opposition to telephone prospection. Finally, you have the possibility to lodge a complaint with the competent authorities responsible for the protection of personal data.

10. Cancellation

In case of non-compliance with these Terms of use or with the Booking Conditions, and notably in cases of fraud, the company My home in may, in its sole discretion and without responsibility towards users:

(a) Terminate access to its services,

(b)Remove or disable a user account and all related information and files contained within said account,

(c) Deny access to said files or services. The company My home in reserves the right at any time and without notice, to remove or make invisible to users any classified about holiday accommodation that in its opinion is questionable, does not comply with these Terms of Use or the Booking Conditions, or causes prejudice to the website or Services.

11. Transfer

Each user undertakes not to assign any transfer of his rights or obligations under these Terms of Use without the prior written agreement of the company My home in.

12. Jurisdiction of the courts

If all or part of any clause of these Terms of Use is found by a competent court or other competent authority as null, invalid or inapplicable that clause or part of such clause shall be cancelled, but all other clauses will remain in effect as if such clause or part of that clause had never existed. These Terms are governed by French law.