2. Missions & Limitations of My home inSaint Barthélémy's liability
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 sites as My Home In 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 a website My home inSaint Barthélémy
3.1 The use of My Home In 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 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 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 My Home In 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 Any use of a user account in order to publish inaccurate, misleading or outdated information or content that would not be appropriate to other users of our websites will result in an immediate closure of your user account.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, 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 My Home In 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 website My home inSaint Barthélémy
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 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 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. 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. 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, 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 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;
(c) Is not defamatory or misleading;
(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 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 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.).
5.2 My Home In 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 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 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 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. .
5.6 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 as follows: for rental price per week below 3000 euros: service fees 13,5% VAT included. For rental price above 3000 euros and up to and equal to 5000 euros: service fees 10,9% VAT included. For prices above 5000 euros, service fees 9,4% VAT included. An insurance fee (civil liability, cancellation insurance) equal to 2,5% is added to the rates above.
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, 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, 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 My Home In so that the tenant's credit card shall be debited due to any damage during the rental, My Home In will only proceed to the debit from the time when there is an agreement between the tenant and the owner. 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 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, 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. 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 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 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. My Home In does not provide any advice on the matter.
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: 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.
6.1 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
(c) Payment arrangements of 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) My Home In service fees A tenant making a reservation through My Home In 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 website 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 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 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 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. 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 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 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 email@example.com or My home in, 24 rue Edouard Nortier, 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.
(a) Terminate access to its services,
(b)Remove or disable a user account and all related information and files contained within said account,
12. Jurisdiction of the courts