General Conditions of sale
applicable to France and all foreign countries
PREAMBLE
The company GROOMLIDAYS trade name of the SAS ARISTOTE, Corporation simplified with a capital of €1000, registered at the RCS of Toulon under number 883 114 159 00014 and whose head office is at 182 chemin of the Cancelade - 83190 Ollioules, FRANCE (hereinafter the "company") has designed and edited the website www.groomlidays.com (hereinafter the "Site"). This Site is a platform that offers two activities:
The first activity is referred to as Groomlidays Concierge whose site is a community platform or market place which offers essentially a relationship of professional or private renters or landlords of furnished lodgings, cabins, boats (hereinafter the ' host') with external service providers to the company (hereinafter "The grooms" or "Concierges") for carrying out vacation rental-related services or services for the maintenance of the home or office during the year.
The company offers to the host, if he or she subscribes to this service the creation and management of the rental advertisements on third party online platforms of rentals as listed and defined below in these general conditions.
The second activity is Groomlidays "House/lodging swap or exchange", whose site is a community platform that helps users (hereinafter "Owners or tenants") set up a relationship between - them in order to Exchange) their homes, cabins, boats, unusual accommodations for vacations or business travel.
The company allows through its platform to book your accommodation, to request information on housing or to exchange information from the dashboard between users.
L’Utilisateur, l'hôte, Concierge ou Groom déclare avoir procédé, préalablement à la vérification de l’adéquation desdits Services avec ses besoins.
The user, host, Concierge or Groom states having carried out, beforehand verification of the adequacy of those Services with their needs.
The user, host, Concierge or Groom recognizes having been informed that subscription to these services, the use of the www.groomlidays.com platform, all services on the platform directly or by contacting customer service at contact@groomlidays.com means acceptance of the general conditions of sale of the company at the www.groomlidays.com site.
It is up to the user, the host, Concierge or Groom to verify the adequacy of the Services offered by the company, on the Site directly or through customer service, with their needs. The user, host, Concierge or Groom says, moreover, that he has the knowledge, skills and resources, including human and technical, for the use of the Services, and that has made all the necessary declarations including the necessary permissions to the rental and imposed by the regulations in force or permission to sublet when the user or host is himself a tenant. The company cannot be held responsible for a breach any obligation of information as such. It is up to the user or guest to inquire on the conditions under which the latter may proceed to the temporary rental.
The Grooms and Concierges will need to be sure to comply with all rules and tax legislation in the country in which they work. In no case will the company be held responsible for the actions, legislation, labour law, right and duties of companies regarding Grooms, Concierges in all countries, cities or States in which they work or of any breach.
The law governing the terms and conditions of the company is the French one and it will not replace any other right in other countries.
DEFINITIONS
In this contract or terms and conditions, it is agreed that the following expressions or words, whether used in the singular or the plural, have the following meanings:
CGV : these terms of sale.
Hosts: means a person who offers to rent housing, a boat, a cabin and who wishes to appeal to a Groom or a Concierge for the execution of one or more services through the company.
User: all people wishing to share their home for vacation or business travel and who trade exclusively via the platform of the company.
GROOM or CONCIERGE: Any legal or overage natural person in the country in which it works and that carries out by means of employees or as an individual entrepreneur or self-employed person without special status the services requested and ordered by the host through the company.
Identity CODES: all of the information relating to each host, user, Groom or Concierge consisting of an identifier (last name, first name, telephone number and email address) and a secure password chosen by the latter or the company if necessary for the management of advertisements in order to access their user account.
Costs of SERVICE: it is the remuneration received by the company for the use of the Services by the user, host, Groom, or Concierge and for all operating costs.
User account: it Is the computer module of the Site dedicated to the user, host, Groom or Concierge and to all information specific to their status and their use of the Services.
SERVICES: all of the services offered on the website www.groomlidays.com or by customer service contact@groomlidays.com of the company including the creation and management of advertisements.
Intellectual property rights: the rights of literary and artistic property (copyright and neighbouring rights), proprietary (brand, drawing and model and patent) in the Code of intellectual property and International treaties.
RESERVATION form or PLANNING : fact sheet on the booking of services or services for each rental that the host must fill out online on the page of the Site at the address www.groomlidays.com or directly by the contact@groomlidays.com customer service email and in which they provide all of the information necessary for the performance of the services by the Grooms or Concierges.
SERVICES rates: Price defined by the company that corresponds to the service and operating costs borne by the company for networking between hosts and Grooms or Concierges, less stamp fees / expenses of the Groom or Concierge.
Stamp or MISSION expenses: Compensation paid by the company to the Concierge or Groom for a service made between the host and the Groom or concierge after deduction of the costs of service.
Price: compensation that the host agrees to pay by bank transfer or cheque directly to the company in return for the service performed by the Groom or Concierge including mailing expenses or costs related to the work of the Concierge or Groom or via the Groomlidays platform and the Costs of Service and the ones related to the running of the company.
Management of advertisements: Service rendered accessorily by the company to the host consisting of assistance in the creation or correction of the textual and visual content of a rental advertisement on the basis of the information provided by the host to the company for publication on a third-party platform and/or eventually in the management of the advertisement on the website of the third party platform.
SITE: all the elements in the web site accessible at the address www.groomlidays.com, as well as all the created content, including: graphics, frames, banners, flash animations and video, source code, HTML and programming.
Traveler: the person staying in the lodging offered to vacation rentals by the host or set up for exhange by the user.
OBJECT
These terms are intended to president over the conditions of access to the Site www.groomlidays.com, Services and performance by the guests, the Groom or Concierge or
the user, as well as the rights and obligations of the host, the Groom or Concierge, and the user as part of the performance of the Services.
ACCEPTANCE
Subscribing to the Services offered by the company to the guests, Groom and Concierge and user implies acceptance without reservations of the present general conditions, which also serve as contract. The host agrees to book and pay at least 10 services in the year, for example going in or out is counted as a service, either an entrance + exit + house cleaning + a laundry service are counted as 4 services. If this quota is not reached the host will be liable for the sum of 200 euros to the company which is equivalent to an average of services.
The host, the Groom, or Concierge, or the user declares and acknowledges, as a result, having read this contract and these terms prior to the subscription service or services. Payments by bank transfer, credit card or cheque implies the acceptance without any condition of these terms.
The Service is exclusively for adults (being overage in the country in which they live or work) having the legal capacity to enter into contracts in french law.
It is specified that in case of need, the user, host, the Groom, or Concierge can save or print these terms and conditions, before any subscription to the Service in three copies.
VALIDITY
The subscription is valid for a period of one year, renewable each year. The host, the Groom or Concierge, or the user will be able to end the contract by addressing an e-mail to validation@groomlidays.com or a letter to SAS - GROOMLIDAYS 182 CH DE LA CANCELADE-83190 OLLIOULES (FRANCE) 1 month prior to the due date of the 1st subscription to any of the services.
The Site and this agreement, as well as the terms have been developed in french in respect of French laws and the law currently in force. Accordingly, the French version of this agreement and the terms and conditions will prevail over any translated version.
The fact that the company does not use at some point, one of these terms and conditions cannot be interpreted as a waiver to later rely on one any of the said conditions.
UPDATE OF TERMS
The company is likely to change and/or update these terms according to certain legal requirements. These changes will only take effect for the subscription of Services after the communication of the new General Terms and Conditions, unless this change is the result of an obligation imposed by a mandatory law immediately applicable in the French territory.
In this eventuality, the host, the Groom, or Concierge, or the user will be informed and will have a period of eight (8) days to notify their refusal of the proposed amendments by simple letter or email and therefore to request the deletion of their User account . Otherwise, the proposed amendments will be deemed to have been accepted by the user, the host, the Groom or Concierge.
The company reserves the right to change the features of the Services, unless such changes result in substantial changes. The company will then inform the user, host, the Groom, or Concierge of this modification fifteen (15) days before the entry into force of the latter. A copy of the terms and conditions will be available to the user or host, Groom / Concierge in their current version including the latest changes. The changes will only take effect for the subscription of Services after the communication of the new terms.
REGISTRATION ON THE SITE
Navigation on the Site is free.
The user, the host; The Groom or Concierge must, prior to booking a Service under the conditions of this agreement, create a user account.
To create an account, the user, host, the Groom, or Concierge must provide on-site their ID (in addition to their surname, first name, telephone number and e-mail address) and choose a password. The password must be at least 8 characters including numbers and letters. This whole information constitutes their identity Codes.
The user, host, the Groom, or Concierge accepts that the fact of typing their identity Codes is proof of their identity. Each user, host, Groom, or Concierge recognizes its responsibility for the use which will be made of its identity Codes on the Site. The latter is responsible for the choice and keeping its identity Codes. The user, host, the Groom, or Concierge, therefore, must ensure their confidentiality. Accordingly, any connection to the user account that will be performed by typing the identity Codes will be deemed to be made by the user, host, the Groom, or Concierge, so that the latter will be solely responsible for the actions of anyone who will be connected to his user account subject to evidence to the contrary.
If the user forgets or if someone else makes diverted or unauthorized use of the identity Codes belonging to the host, the, Groom or Concierge or any third party, the company cannot in any case be held responsible and the user, host, the Groom or Concierge will have to immediately inform the company of this situation, by e-mail at contact@groomlidays.com or by mail to the following address: GROOMLIDAYS S.A.S., 182 chemin de la Cancelade - 83190 Ollioules . France
Upon receipt of such written notification, the company for the purpose of safety, will immediately suspend all access to the user account. The company will process the user's , the host's, the Groom's or Concierge's request as soon as possible and will send him back by e-mail the new identity Codes after verification of his identity.
In case of diverted, fraudulent or non authorized use of the identity Codes by another user, host, Groom or Concierge or any third party due to the fault or negligence of the user, the host, the Groom or Concierge and as long as the company is not informed of such use, the latter serve as uarantee the company of any action or claim for the loss of data resulting from the loss or fraudulent use of its identity Codes.
The user, host, the Groom, or Concierge agrees that computer or electronic records performed by the company and/or its suppliers and/or service providers achieved through their user account, may be opposed or used in addressing any competent administrative or judicial authority as evidence.
The user, host, the Groom, or Concierge has a right of access, of modification, correction and suppression of data.
SERVICES
7.1. Services offered by the Grooms or Concierges
The services may be offered on the company's website or directly by contacting customer service of the company by e-mail at contact@groomlidays.com. .
The host, the Groom or Concierge is notified that services regarding house cleaning, pool, gardening, creating events, arrival serenity are photographed before and after the service. The photos are stored at the company and may be provided upon written request to contact@groomlidays.com in case of dispute between the host and the user / Groom or Concierge or user or Groom and Concierge. The company in this event will play a role of mediation according to the elements that will be sent to it by the Concierge, Groom, or host, but under no circumstances will it be held liable.
CHECK-IN or arrival corresponds to a set of services as part of hospitality and information and the preparation of the stay of the traveler by the Groom or Concierge. The user or the host is notified that the Groom or concierge stays 20 minutes for the beginning of the service, that the Groom or Concierge provides 3 schedules to the travellers and that they must be respected. In no case the user or the host decides this delivery schedule, otherwise the Groom or Concierge will not provide any service. The reprogramming of this benefit may be exceptionally done according to the availabilities of the groom or Concierge. In this context the company bills the host the sum of 40 euros including VAT in addition to the fee already paid for the check-in as the costs of reprogramming. The host may be do a hold of deposit to travellers.
CHECK-OUT or departure corresponds to a set of services provided on the occasion of the departure of the traveller and the inspection carried out by the Groom or Concierge. No responsibility can be attributed to the company in the case of housing damage. The Groom or janitor decides about 3 time slots for the departure, travellers must schedule chosen and put all the suitcases and leave an accommodation in OK condition on arrival of the Groom or Concierge. If start time is not respected the Groom or Concierge can reprogram the exit time according to its availability, the company will then charge rescheduling charges which amount to 40 euros including tax.
LAUNDRY SERVICE corresponds either to the laundry package: collection, cleaning, drying, folding by the Groom or Concierge for 19 euros VAT (1 flat sheet + 1 duvet cover + 1 or 2 pillowcases + 1 towel) or the dry cleaning package for 30 euros including VAT, which corresponds to the collection, dry cleaners, laundry pickup and dropoff by the Groom or concierge... Linen is recovered during a service and returned during the following delivery. If the host wishes that the laundry is returned between two services or at the end of the season, the company will charge 50 euros including service charges.
HOUSEHOLD CLEANING corresponds to the maintenance of a home and not a spring cleaning. The household cleaning rate depends on the size of the lodging listed on the website of the company. Terraces count in the area of the property and will be checked by the Groom or Concierge. The company asks the host to enforce by means of a contract to the traveller and to facilitate the maintenance of housing by the Groom or Concierge: that all the bins are emptied, the oven and coffeemaker left clean, fridge and dishwasher emptied, and dishes done.
The host is warned that if the accommodation is left in a clean and neat condition, the household cleaning service will be charged twice.
The host, user, the Groom, or Concierge recognizes by the present general terms having knowledge of the tasks carried out in cleaning service, which are available for consultation on the website of the company www.groomlidays.com
POOL MAINTENANCE corresponds to the cleaning of the filters, skimmers, additions of water, sweeping, scoop, robot, pouring of products according to the written instructions of the hosts. The host makes sure that the pool maintenance staff, Concierge or Groom has the capabilities to carry out the maintenance of the pool. The company will not be held responsible for the maintenance of the pool by the pool service provider, Groom or Concierge or for the consequences of their work.
If the host deems that the claimant, Groom or Concierge can maintain the pool he or she must write a pool record for its maintenance and include in it all the steps to achieve quality work.
MAINTENANCE/GARDENING, corresponds to the gardening tasks, that is to say mowing the lawn, planting, watering, cleaning of flowerbeds, removal of vegetables, cutting shrubs, pruning. This service is charged by means of an estimate, according to the work to be performed by the claimant, Groom or Concierge and the area of the garden. The host must ensure that the claimant, the Groom, or Concierge has the capacity to perform this service. The company cannot be held responsible.
HOUSEKEEPER corresponds to setting up domestic staff for the management of household chores, cooking and stewardship. The charge for this service is by means of a quote. The host must ensure the accuracy of the information provided for the development of a quote and for the realization of the tasks to be performed by the Groom or concierge.
WRITING UP A WELCOME BOOKLET corresponds to the creation, writing and development of an explanatory booklet on the housing and its surroundings. The booklet contains 10 pages decorated with pictures - delivery to the host within 15 days. Service performed by the company.
SATISFACTION FORM corresponds to creating, writing and laying out questions about how the stay will unfold, and the housing features. Delivery to the host within 15 days. Service performed by the company.
TROUBLESHOOTING corresponds to the arrival of the Groom or Concierge to see if there is a technical, electric, or plumbing problem, or other kind of damage. The Concierge or Groom will contact 3 craftsmen for an estimate of repairs. Waiting for repairs on-site or management issues is not part of the troubleshooting service.
DESIGN OF ADVERTISEMENTS corresponds to the creation, writing and uploading of an advertisement on 3 rental platforms. Time of completion is 4 weeks unless one of the platforms slows down the process of uploading the advertisement online.
MANAGEMENT of advertisements corresponds to validating bookings of rental housing and to manage inquiries of travellers. The management is scheduled for one year renewable by automatic renewal.
7.2 Booking of a service by a host
The host has the choice between the different services offered on the Site or by suggestion of the company customer service in accordance with their descriptions. The host reserves the service offered through the Site or directly via contact@groomlidays.com. Rates of the services are available on the website or on request at contact@groomlidays.com. To do this, the host selects via the booking form, the formula that suits its needs and add, if needed, the Options which it wishes to carried out.
At the time of his booking, the host must provide the following information via the booking form:
Name of the host
Phone of the host
Email the host
Fiscal address of the host
Rented housing information
Country where the lodging is located
City and zip code
Address of the dwelling;
The housing surface (real surface and not Carrez law)
The dates of performance of the services (date of departure and / or arrival of the traveller, for example);
surname, first name, e-mail address and telephone number of the traveler by ensuring his prior authorization to transmit their personal data to GROOMLIDAYS;
The way to and necessary information for recovering the lodging keys.
In addition, the host or the user may also fill out and/or modify its information at any time via his user account;
Once the booking form is filled out, the user or the host must validate his reservation by clicking on the button «validate my booking»
The user or host will then be invited to register on the Site;
In case of booking last minute 48 h before the date of the services this request will be validated according to the company’s appraisal and the availability of the Groom or Concierge
7.2.1 Relationship terms between the Groom or Concierge with the host
Relationship between the Groom or concierge with the host will be made after validation of the services with full payment.
According to the elements transmitted by the host (housing address - date of service - place of delivery of the keys..) the company is seeking in its database the Groom or concierge who may be the best match for the information supplied by the host, that is to say:
City and country of the Groom or Concierge
Availability of the Groom or Concierge
Possibility of key recovery
Analysis of Satisfaction of services made by the Groom or Concierge.
Once the selection is made, the host will be connected with the Groom or Concierge, the company will send the phone number, the address of the Groom or concierge to the host as well as the order in detail by email to the Concierge or Groom.
The valet or Concierge as such can communicate with the host or the Guest if applicable, and report directly to the host of services made.
At each service it will be asked that the find out the level of satisfaction of the Groom or Concierge for the performed delivery.
The host can ask for a new Groom or Concierge if it does not meet his expectations and does not respect its demands. In this context the company will make every effort to the extent possible, to check the availability of the other Grooms or Concierge
Reliability of a Groom or Concierge is also analyzed regarding:
diligence of the service
The presence at work performed
Punctuality
The level of satisfaction of the guests for the services performed.
The absence of disputes between the host or the guest regarding previous missions
From this first contact the host and the Concierge or Groom are not allowed to work directly together without fulfilling the services and operating costs of the company whose prices are posted on the Groomlidays site and that is applicable for each delivery and for a period of 5 years.
The host is notified that the booking of services via the site or directly to the customer service of the company for the services of a Groom or Concierge entails a contractual relationship directly between the host and the Groom or concierge. The host and the Concierge or Groom declare to go through the company Groomlidays to start the working relationship between them.
The company is not involved in the provision of services to the benefit of the host except for the creation and management of rental advertisements, the creation of a customer satisfaction form or welcoming booklet.
The host, the Groom, or janitor declares having read these linking conditions. The host agrees irrevocably from the validation of a service via the site or directly through customer service.
The host acknowledges expressly and without reservation that the company is only an intermediary for connecting the host with the Groom or Concierge
Thus, the host is only and directly bound by a contract to the Concierge or Groom for the realization of services. As a result, the company excludes liability for any damage
suffered by the host who would be attributable to an outside Groom, Concierge or provider as part of the performance of the services.
7.3 Requirements for changing a booking
The user or host can at any time add to the information transmitted in the booking form via his user account or by contacting customer service at contact@groomlidays.com including change the date/time of execution of services subject to the availability of the Groom and Concierge.
The user or host is informed that the change of the date and/or time of the booking of the service may vary according to the availability of the Groom or Concierge. The user or host is responsible for the date and the time slot reserved for the service. Only the Groom or Concierge decides and shall fix the times of performance of the services. For welcoming and departure of travellers the Groom or Concierge offers 3 time slots that must be followed. Household cleaning, laundry, pool and gardening services are organized according to schedules and availability of Grooms or Concierges.
As such, if the reserved service is for Check-in, household cleaning or Check-out, the Groom or Concierge will wait at most 20 minutes for the traveler to begin their service. Failing to report within this time or to be able to make the service possible, the host will be liable for reprogramming fees amounting to 40 euros including VAT and according to the availability of the Groom or Concierge. In any case, no rescheduling will be able to be demanded by the host for services of late Check - in or Check-out (between 7 pm and 7:30 in the morning)
7.4 MANAGEMENT OF BOOKINGS FOR SERVICES
The reservations for services are done directly via a schedule published by the company and that the company requests. This plan should be sent at the moment that each new service is reserved and it should be at least 5 days before the date of execution of the services. The most common services are registered in the schedule namely:
Household cleaning
Welcoming
Departure
Pool
Linen / laundry
For all other services as a house keeper, gardening, reservations can be made directly to contact@groomlidays.com, a quote will be sent.
Reservations for services can also be made on the company site for common services during a stay, however the host will have to simultaneously address the schedule to contact@groomlidays.com.
During the reservation of services only the host is responsible for information sent to the company.
7.5. Conditions of cancellation of a booking for services
Cancellation is possible and free of charge, up to 5 days before the date of the reserved service. However, in case of cancellation of a service reserved less than 5 days before the date of execution of the service, the full price will be charged subject to the provisions of these terms relating to the right of changing one’s mind.
The host is informed that the cancellation of a reservation during a period of promotions, they will not be able to make a new booking for the same date with any of the current promotions.
REFUND
For Concierge services:
The company grants a 50% refund of the price of the service provided if the host produces proof of the failure of the Groom or Concierge to meet the required standard of quality within 24 hours after the date of performance of the service for which it was commissioned. The claim is then analyzed, refunds are made by transfer within 30 days after the agreement of the company.
If the Groom or Concierge is in the impossibility to realize services due to the host, such as
the transmission of incomplete, erroneous or false information in particular the conditions of access to the lodging (absence or changes not informed in the keypad, elevator code, alarm code, etc.)
the lack of provision of the keys in the terms agreed with the Groom or Concierge or, if applicable, the handing off of keys not allowing access to the lodging;
the lack of transmission by the host of information on housing making the performance of the service by the Groom or Concierge impossible;
a lodging that is not able to ensure the performance of the service (lack of electricity, water, technical damage, lock or access that do not allow entrance, etc..)
the lack of maintenance equipment on site and in sufficient amount: household products (dust - Disinfectant – cleaning products for the bathroom - kitchen toilets - floors...
Vacuum cleaner in working condition
Broom or mop with replacements
For the subscription of the exchange of houses:
No refund is granted after the validation of said subscription for a year.
MANAGEMENT OF ADVERTISEMENTS
9.1 Development and editing of advertisements
The company Groomlidays offers guests, a service of making and editing advertisements for publication, on 3 third party platforms relative to the one proposed by the company.
This service is charged at the rate of 300 euros including VAT and is active as soon as the host designates the company Groomlidays as manager of the advertisement and full payment is made at least 4 weeks before the online posting of the advertisement . Any event or booking prior to this activation date is the responsibility of the host. The advertisement is published and managed from the account of the company which allows the management of multiple advertisements.
Only the development, creation, and editing of advertisements is supported by the company for one year. Accordingly, beyond these dates it is the responsibility of the host to create, edit, manage their account on the third platform and publish the advertisements.
Beyond the creation of the advertisement and its publication, Groomlidays bills for service and claims management costs and booking 5% on each fare booking displayed on third-party platforms. These 5% charges do include expenses of third party platforms which the host should inquire about. This 5% is payable by bank transfer once the booking has been validated by Groomlidays or the third party platform.
The company will not conduct a verification of the information provided by the host as part of the management of advertisements. Therefore, the host acknowledges and without reservation that it is not the responsibility of Groomlidays if there is missing, incomplete, false, inaccurate or incorrect information contained in the advertisement run by the company.
In no case, can the company be held responsible for injury sustained by the host due to changing conditions related to the advertisement or to the host’s account on the platform (for example loss of the status of Super Host' , suspension or removal of the advertisement). Accordingly, the host guarantees the company that no action or claim will be its responsibility.
9.2 the published advertisement management
The company also offers the host management of the advertisement after its online publication.
As part of this service, the company facilitates reservation by the passenger of a stay in the housing offered by the host.
In this perspective, the company makes available to the traveler a customer service on www.groomlidays.com available seven days a week in order to provide information to potential travellers including the location, the amenities nearby and the kind of activities available where the proposed housing is located.
In any case, the host may intervene at any time in all phases of the management of communication with travelers, either directly with travellers either directly with the company.
The company is not a property management company or a representative of management. In no cases does the company choose passengers instead of the user or owner, nor does it negotiate with them the terms of the stay.
Therefore, the user or owner is the only party directly linked by a temporary rental contract to the passenger in accordance with the rules laid down by the third-party platform to that proposed by the company including cancellation of the booking and the legislation in force.
The user or owner is the only responsible party, with respect to travellers, of the rented housing and equipment therein. Accordingly, the company excludes liability for any damage suffered by the passenger during his stay. The user or owner also assures the company that no action or claim made by a traveler can be pursued due to damage suffered during his stay in the dwelling of the user or owner.
The company also excludes any liability for damage in the housing of the user or owner following stays by travellers. The user or owner guarantees the company against any action or claim as a result of damage that housing would have suffered on the occasion of the traveller's stay in the housing of the user or owner.
The user or owner is supposed to have carried out all useful and necessary paperwork including the necessary permissions to the rental and the regulations in force or if necessary, for the rental agreement.
In no case, can the company be held responsible for a breach of any legal or contractual obligation related to the fact that the user or owner has sublet his rental unit temporarily. As a result, the user or owner guarantees the company againts any action or claim made by a traveler or any third party for any damage suffered as a result of a breach of the legal or contractual obligations of the latter
9.3 Assistance in the choice of the right price
Moreover, the company offers to the host, subject to its subscription service on the Site or directly from our customer service a rental rate, depending on, especially:
the area of housing;
housing facilities;
the district;
the season;
events taking place near the housing unit;
history of reservations and ratings received.
The proposed tariff is only an suggestion that the host is free to accept or refuse. However company cannot be held responsible for a decline or a halt of reservations.
Advertisements uploaded on third party platforms will be updated automatically.
The host can refuse, modify or remove (2 times in the year, and by email at contact@groomlidays.com) the proposed price subject to no reservation being registered.
In case of a booking being made, the host will be able to proceed to its cancellation subject to the conditions on the third platform and on request to Groomlidays.
Registration for the creation and management of the advertisement by the company on a third party platform is carried out with the ID and password of company, under no circumstances and for no reason will the company disclose this username and password to the host. Only an advertisement created on a third party profile and not one on the company website can be returned.
9.4 Conditions of termination of the service of management of advertisements
In case the host decides to terminate the service of management of advertisements referred to herein and the general terms and conditions, he must inform the company via e-mail contact@groomlidays.com
The termination will be effective upon confirmation by the company of its inclusion through the same means. From that moment on, the company will conduct no advertisement management services.
In the case where the host has reserved the management service of advertisements referred to herein and in the general terms, and if he decides to cancel, the company will charge to the bank account of the host an amount equal to 5% of the rents to be received by the host within 30 days following the a termination.
In any case, in the absence of reservation during this period of 30 days, no amount will be charged.
If a booking is made, the user or owner may in any case proceed to its cancellation subject to the cancellation conditions on the third party platform and by request to Groomlidays.
Registration for the creation and management of the advertisement by the company on a third party platform is carried out with the ID and password of company, under no circumstances and for no reason will the company disclose this username and password to the host. Only an advertisement created on a third party profile and not one on the company website can be returned
9.4 Conditions of termination of the service of management of advertisements
In case the user or owner decides to terminate the service of management of advertisements referred to herein and in the terms, he must inform the company via e-mail contact@groomlidays.com
The termination will be effective upon confirmation by the company of its inclusion in the same way. From this date on, the company will conduct no advertisement management services.
In the case where the host has reserved the management service of advertisements referred to herein and in the general terms, and if he decides to cancel, the company will charge to the bank account of the host an amount equal to 5% of the rents to be received by the host within 30 days following the a termination.
In any case, in the absence of reservation during this period of 30 days, no amount will be charged.
TERMS OF PAYMENT - COMPENSATION
All payments of services must be made by bank transfer or credit card at least 48 hours before the date of performing the services. No services will be made without full payment in advance. The company does not grant any credit or financing of payment. For the management of the advertisements, the 5% commission owed by the host to the company will be payable as soon as the booking of the accommodation is validated. The company reserves the right to remove the advertisement immediately if commission payments are not made 10 days after the validation of the reservation.
Compensation of the Concierge or Groom is made as a fee once the host has paid all of the services and seven days after completion of the service performed by the Concierge or Groom. In the event of litigation and the Concierge or Groom being at fault a 50% charge is applied on the fee of the service that is involved.
The user or host may at any time access from his user account the summary of all of the Services reserved by the latter, by indicating the date of the execution of the service.
Payment will be made exclusively in the national currency of the country of the company, that is to say in Euros and according to the laws that govern the General conditions in France and French law. The electronic payment is possible on the SOGENACTIF module provided by the Societe General S.A company.
The user or host commissions the Societe General company. S.A. and its payment solution SOGENACTIFTM for the collection and receipt of payment of the amounts due to the company according to the services selected, and if necessary, rents in the management service advertisements referred to in the present general terms and conditions
The company assures the user or host that it never has access to confidential information related to the means used by the latter to pay his reservation and that applies even if the user or host chooses to save his payment data on the Site. The cost of the payment by card is entirely the responsibility of the user or host. Accepted credit cards: Carte Bleue, VisaTM, MasterCardTM.
The user or host guarantee company that he has the permissions necessary to use the payment method chosen at the time of booking and that this card gives access to enough funds to cover all costs resulting from the payment of the price on the Site. If the bank refuses the transaction, the booking will be cancelled and the user or host will be warned by an e-mail message.
The Bills have the exact and final amount in the currency of the country of the company, that is to say Euros, the address of the lodging, the services ordered. The user or host irrevocably accepts that his credit card is charged for the amount corresponding to the price owed to the company.
The company accepts as payment method, credit cards, wire transfers and payments in Euros.
11. FINANCIAL - PRICE TERMS
11.1 Price of services.
The price displayed on the website and / or transmitted based on estimate and/or detailed by email are prices including all taxes that correspond to service costs, operating costs and programming to pay both for the execution of all services provided by the Groom or Concierge.
For the exchange or swap of houses the rate of 9.90 euros TTC is the subscription price for one year.
11.2. Prices of the management of advertisements referred to in these terms
The following formula is proposed for the management of the advertisement:
A package including the management of advertisements for an amount equal to 5% of the rent paid by the traveller with a minimum amount of 50 euros for each booking to the host. As part of this service of management of advertisements, the company cashes in the rents in the name of the host to then pay him withdrawing 5% commissions within a period of 30 days after the receipt of the money.
The company provides to any payment ahead of time.
THE BEHAVIOR OF GUESTS - GROOMS OR CONCIERGES-TRAVELERS - USERS
The host or the Concierge or Groom should be of legal age in the country where he resides and works to make use of all services, and provide evidence of his age.
Only the host is responsible for the information transmitted for the performance of the services to the Concierge or Groom, an under no circumstances can the company be held responsible.
The company offers to the Concierge or Groom index cards to help to carry out household chores and follow hygienic procedures. The Concierge or Groom is free to follow these tips, the company cannot be held responsible.
The host is the only party responsible of the Groom or concierge with whom he works.
The host is responsible for the routine maintenance of the housing and will have to do at his own expense.
In any event, the Groom or concierge will have no obligation to compensate for the failure of the host in case he does a poor service in the maintenance of the housing unit.
In case the Groom or Concierge finds a lodging in a state of uncleanliness (dishes not made and/or dishwasher non-empty or non-empty refridgerator and/or trash not disposed of and/or oven and coffeemaker not cleaned) and a condition of untidiness that requires much more than a normal household cleaning , the fee will be charged twice to the host on simple invoice.
The host and the traveler agree to stay reachable during the performance of the services by the Groom or Concierge. In the case in which the latter would not be reachable, the Groom or concierge could, in its sole discretion and according to its availability and possibilities, take necessary measures in order to ensure adequate services to the travellers.
DISCLAIMER - CAUTION
The company reminds that she does not and has no intention to provide a service of temporary work and/or to act as an interim source of work. The Concierge or Groom should be legally in the country where he worked with the administrative, legal, tax of it rules.
As such, the host recognizes having been informed that company will bear no responsibility towards the Groom or concierge for any conditions of execution of the service directly made by the latter.
Tax and social legislation - warning
The host is informed that the company cannot be considered as a provider of temporary work or as the employer directly or indirectly of the Groom or concierge registered on the site or anybody who wants to work for a host by means of the Corporation or applying via the customer service at contact@groomlidays.com.
The company only uses an online platform for the Concierge that links and offers booking between hosts and Grooms or Concierges. In the case that the Groom or Concierge would have provided false or erroneous information to the company on their administrative, legal and tax situation, company cannot be held responsible. Thus, the company cannot guarantee the truth and conformity of the information reported by the Groom or Concierge.
The company is a technical intermediary that allows, via the platform that it edits www.groomlidays.com, linking between the hosts and the Grooms or Concierges and is involved only in this quality between guests and the Grooms or Concierges. The company is not directly involved in the contractual relationship between the hosts and the Grooms or Concierges. Accordingly, the company does not verify or control over the quality, safety, legal, administrative, tax rules regarding the Groom or Concierge services offered via the Site or via the customer service of the company. The host is fully informed about the role of intermediary of the company that connects travelers, guests and the Grooms or Concierges. For house exchange or swap, the company is only a platform for networking between users, and in no case can the company be held responsible for any false information on an advertisement, housing, information, or a booking or even damage caused at a user’s lodging because of other users. For Concierge services, the company cannot be held responsible for the conditions of execution of the services offered by the Groom or Concierge as well as violations to the provisions of the laws and regulations of the country in which it provides the services.
The company is not responsible in case of loss or theft of keys kept by the Groom or Concierge or by any other persons who had the custody or possession during the use of the services by the host.
The host can provide, if he wishes and without any obligation on his part a set of additional keys exclusively for the company for logistical reasons. However for the return of this set of keys to the host, the company will charge 50 Euros TTC for shipping and travel expenses.
Also the company is not responsible for the links on its site to other Web sites regarding the exchange advertisements on its site.
The company will not be held responsible towards the guests, Grooms, Concierges, or users in the event of failure due to its general conditions.
From booking of the first service by the host or user and the first delivery executed by the Groom or Concierge, they acknowledge having become fully aware of these terms and conditions and fully accept them.
COMPLIANCE WITH THE GUIDELINES FOR THE EXCHANGE OR SWAP OF HOMES
On the other hand Groomlidays offers users, private and professional of houses, apartments, boats, cabin, unusual lodgings the possibility to exchange among them their accommodations after having paid an annual subscription. The website offers the possibility to request information or book an exchange of House, apartment, cabins or other housing with another private or professional person in real estate. The exchange of House, apartment, or other homes between the users of the site must be free, users lend each other their housing. The private or professional user can ask for information or leave accommodation assessments to the lodging as long as it is done respectfully and that the user has stayed in the housing. A dashboard is put at the disposal of the user and owner for uploading to the website of the provider (description of accommodation wishing to be exchanged, photos - sharing times- favorite countries or cities times)
House owners can subscribe to the "favorite" option to highlight their advertisement of 'Exchange'.
The company and/or its affiliated entities is a third party to the contract between the owner and another owner to trade or even a landlord and a tenant. No liability, criminal or contractual, can be attributed to the company for the resolution, mediation or any other intermediary role that it could play between the owner and another owner for exchanges or a Owner and a tenant or for the consequences, whatever their nature, resulting from a dispute between the owner with another owner or a landlord and a tenant.
The company is released from all responsibility in the event of misuse of the site by the user and the owner.
The advertisements and the interactions between owners and users to Exchange
To file one or more advertisements related to housing, the owner must first register on the website of the company and provide all information requested by it on www.groomlidays.com
The company offers a form of exchange for the filing of advertisements:
The filing of advertisements via an annual subscription: The owner or tenants of housing must opt for exchange via an annual subscription and the publication of his advertisement will be effective 48 hours after full payment of its subscription and this for a period of 12 months starting from the publication online of the advertisement on the website of the company. In the case that this formula is used the company will charge no service fees.
Translations into other languages of the advertisements are the exclusive responsibility of the user.
For each submitted advertisement, the user is solely responsible for the advertisement that he uploaded, the description and the photos that are online. The company releases itself from all responsibility in the event of false documents or incorrect information transmitted by the user to another user or to the company.
The company makes available to the user a dashboard where it can describe its lodging, to highlight its geolocation, upload photos, indicate the periods available to the exchange, cities or favorite for countries the exchange. The user has a record of requests for information or trade reservations made.
The user can at any time delete his advertisement of the website.
The user can highlight its advertisement with the paid option "favorite"
Users can exchange their homes among them. Once this completed subscription users will have access to contact information for those wishing to share, during 12 months. This option allows unlimited exchanges.
An exchange cancellation 30 days before the date of the beginning of the stay is not permitted and can be fraught with financial consequences for the user. If this code of conduct is not met the aggrieved user can turn against the user who has canceled, and in this context the company cannot be held responsible.
The company reserves the right to remove any account and any advertisement that does not correspond to the ethics of the platform. It is forbidden to use any racial, pornographic, pedophile language, or insults...
INTELLECTUAL PROPERTY
The company holds the European brand and international "Groomlidays". The company also holds the copyright associated with the site , including all the copyright to the texts, comments,. works, illustrations, videos and images reproduced on the site. Finally, company owns the databases, of which it is the producer.
Thus, any total or partial reproduction, modification or use above brand, the elements making up the Site or databases of the company, for any reason and on any medium whatsoever, without express and prior agreement of the company is strictly forbidden. All these acts are acts of infringement on the basis of the provisions of the Code of intellectual property and in particular Regulation (CE) number 207/2009 on the trade mark of the European Union, as well as acts of unfair competition on the basis of civil law. They are subject to civil and criminal penalties.
It will be recalled that the fact of having a hyperlink redirecting the user to the site, by using the technique called "framing" or "deep-linking", on a site is strictly prohibited.
However, the company grants to guests, users, Grooms or concierges a personal license to use the intellectual property rights with the goal of only allowing them to view the content of the site and to access different Services of the company. However, this license excludes the right
of users, hosts, or concierges to edit, copy, translate, broadcast, post, transmit, distribute, produce, display, or give, by itself or through a third party, the rights to any elements reproduced on the site.
Sending of commercial information
The company may use on its website www.groomlidays.com and on its social media accounts (Twitter-Facebook-Instagram-Linkelin-Viadeo) pictures from the housing unit of the user or the host to purposes advertising or commercial for the company’s interests.
Rights of access, modification, opposition and removal
In all cases, the user or host has a right of access, modification, opposition and deletion of the personal data by writing to GROOMLIDAYS S.A.S., 182 the Cancelade CH - 83190 Ollioules (FRANCE), indicating his surname, first name, email and address. In accordance with the regulations in force, all applications must be signed and accompanied by a photocopy of an identity card bearing the signature of the applicant and must specify the address to which the response must be sent. A response will be provided so the user or host within 2 months of receipt of the request.
COMPUTING AND LIBERTIES - PERSONAL DATA
The acknowledgement of the collection personal information under these General Terms and conditions intelligence is mandatory. This information is necessary for connecting all members of company, users, Grooms or Concierges, hosts, for good performance of services especially for creating invoices.
The company takes all such technical and organisational measures appropriate to ensure the security and confidentiality of the personal data that it is required to collect, especially to protect them against any loss, accidental destruction, alteration and unauthorized access.
In addition, the company may perform maintenance on the site to ensure proper operation.
These operations are likely to prevent the use of the site and/or access to the latter for a limited time.
The company will under no circumstances hold any liability in case of difficulty of access and/or use of the site as part of these operations.
EXTENUATING CIRCUMSTANCES
Any event outside the control of the company, and against which it could not reasonably prepare itself is a case of extenuating circumstances and suspends such obligations of the
parties, as for example, and this list is not exhaustive: a strike or a technical failure (EDF, ERDF, telecom operators, suppliers)
RIGHT OF WITHDRAWAL
In accordance with article L.121 - 18 of the French, the user, the host consumer Code has a right of withdrawal of fourteen (14) days, without having to indicate reason, from the confirmation of the booking.
To exercise the right of withdrawal, the host or user shall notify by email to the company at the following address contact@groomlidays.com his decision to withdraw.
In case of cancellation within the above period, the services will be considered as cancelled and no fees will be charged to the Bank or owed.
However, pursuant to article L.121 - 28 of the French consumer Code, the services and/or management of advertisements fully executed before the end of the withdrawal period and whose performance has begun after prior agreement from the host and with express relinquishing of his right of withdrawal cannot be the subject of a right of withdrawal.
APPLICABLE LAW
These general conditions are subject to French law.
In case of complaints regarding the present general terms the user, host, the Groom or Concierge is asked to make contact with the service of the company at the following e-mail address: contact@groomlidays.com
The user, host, the Groom, or Concierge can, in any case, use a conventional mediation subject to having submitted beforehand to the company, its dispute with the goal of having a friendly settlement in accordance with article l. 612-2 of the Code of the consumption of the French code.
If the mediation fails, the competent court will be the choice of the host, Concierge or Groom, user in accordance with the provisions of articles R.631 - 1 and following the Code of French consumption, in addition to the territorial courts competent under the Code of civil procedure especially the ones registered in the venue of the company, of the place where the user, host, Concierge or Groom are at the time of acceptance of the present terms and the location of the occurrence of the damaging fact.
General terms and conditions updated December 15, 2017. The General terms and conditions in French supersede all translations.