Legal notice and General Conditions of use of the siteUpdated 25 November 2022
I – Legal noticeURL Address of the site: https://www.chaletowners.comOwner:
LION DE MONTAGNE, a limited liability company, whose head office is located in ANNECY (74000), 129 avenue de Genève, registered in the Annecy Trade and Companies Register under number 810 607 325, Code APE 6201Z, VAT number FR74810607325Creator:
LION DE MONTAGNE SàrlHost:
DigitalOcean, Southeast AMS 5 Schepenbergweg 42, 1105 AT Amsterdam, Netherlands.
II – General conditions of use applicable to the Customer
1.1 The company LION DE MONTAGNE, a limited liability company, whose registered office is located in ANNECY (74000), 129 avenue de Genève, registered in the Annecy Trade and Companies Register under the number 810 607 325, Code APE 6201Z, intra-community VAT number FR74810607325 (hereinafter ” ChaletOwners “) is the owner of the rights to the website accessible at the following address https://www.chaletowners.com
(hereinafter the ” Website “).
1.2 The purpose of these general terms and conditions of use (hereinafter the “GTU”) is to govern the relationship between ChaletOwners and any user of the Site (hereinafter the “User”). The term User refers to any person visiting the Site. The present GTU are also intended to govern the relationship between ChaletOwners and holidaymakers wishing to rent a property referenced on the Site (hereinafter the “Client”). The term Client refers to any User using the Site to request information or rent a property advertised on the Site, whether for personal or professional purposes.
1.3 The purpose of the Site is to provide a platform allowing advertisers, owners or managers of a property (hereinafter the “Advertisers”), to reference it by an ad to offer it for rent furnished for tourism, in addition to any benefits and ancillary services, and also allows interaction between the Client and the Advertisers.
1.4 By the mere fact of connecting to the Site, all Users acknowledge and confirm that they have read, understood and accepted in their entirety all of the present Terms and Conditions, without any reservation. Any Client must have the legal capacity to commit to the rental of a property. If the Client acts on behalf of a company, he must have all the powers to act on its behalf. Otherwise, the Client is not authorized to use the services of the Site.
1.5 Violation of the present GTC by any User may result in the suspension of his/her access to and use of the Site, notwithstanding any legal action that ChaletOwners may take.
2. Operation of the Site
2.1 The Site allows Advertisers to list one or more properties offered for rent to Client under various freely defined price formats.
2.2 The Client may contact the Advertisers on the Site by filling in the “Contact the Host” section of each ad, in compliance with article 3 hereafter. ChaletOwners has the right to delete a request, in particular for misuse of the Site, security issue, without notice or explanation.
2.3 Any reservation of a property entails a financial and contractual commitment between the Client and the Advertiser concerned, without ChaletOwners having the intention or the means to intervene. Consequently, ChaletOwners is not a party to the contractual relationship formed between the Client and the Advertiser
2.4 The advertisements are established by the Advertisers (texts and photos), ChaletOwners limits itself to providing a space dedicated to these advertisements on the Site, without the possibility of proceeding to any modification or moderation, of verifying the veracity of the information and the presentation (texts, location, photos, etc.) of the real estate or services offered, object of the advertisements. In general, ChaletOwners cannot be held responsible for any errors (including technical, manifest or typographical errors), inaccurate, misleading or missing information.
Only the Advertisers remain responsible for the accuracy, completeness, correctness and currency of the information provided to the Client, particularly with respect to rates and availability of properties. All information in the advertisements is given as an indication.
2.5 For any rental reservation on the Site, the Client must :
- accept the present GTU;
- indicate to the Advertiser the number of persons present during the rental and their identities;
- accept or not the services offered by the Advertiser;
- designate a group leader representing the persons benefiting from the rental and acting on behalf of the Client, responsible for communication with the Advertiser and for making payment for the rental;
- accept the quotation and sign the rental contract sent by the Advertiser and under his responsibility;
- post on the Site, on the reservation page, a copy of the transfer made to the Advertiser in order to obtain the reservation.
2.6 Cancellation of a reservation request by a Client who does not wish to enter into a contract with the Advertiser must be made on the Site on the reservation page. The Client undertakes not to enter into a contract with the Advertiser by bypassing the Site. The cancellation of a reservation already made by a Client can only be done under the conditions of the rental contract concluded with the Advertiser and without ChaletOwners being able to intervene or be responsible.
2.7 All information on the Website is non-contractual. The information contained in each rental advertisement, such as the terms and conditions of the rental, the description of the property to be rented, including its location and availability, the services provided or optional and the applicable rates should be considered as indicative only. It is the Client’s responsibility to verify or have confirmed with the Advertiser all of the information in the rental ad and the terms and conditions of the rental. Consequently, only the rental contracts proposed by the Advertiser should be considered as a contractually binding offer for the Advertiser and exclusive of any commitment by ChaletOwners.
2.8 However, ChaletOwners reserves the right to modify and update any advertisement/reservation summary of a rental property: its description, services, availability, prices, photos, etc. at any time and without notice. Only the information contained in the rental contract and in the invoice provided by the Advertiser are contractual and cannot be modified by ChaletOwners.
2.9 The use of the Website is free of charge for the Users: only the Advertisers charge the Clients when they book a property for rent or subscribe to a service.
2.10 The use of the Site may in no case be commercial or be used by professionals in the context of their commercial activities. Professionals, such as agents, concierges, chefs, drivers, ski instructors, etc. may not use the Site to obtain or send commercial offers to their Client through ChaletOwners, nor may they use ChaletOwners to obtain any financial advantage or receive any remuneration. In case of violation of the present article, ChaletOwners reserves the right to prohibit access to the Site, to delete the Client’s account and to take legal action against him.
2.11 ChaletOwners recommends to have exchanges only on the Site, for security reasons, to avoid errors in the reservation process and to facilitate the response to requests. Notifications that there is a new message posted on the Site may be blocked as SPAM which is beyond the control of ChaletOwners who will not be held responsible.
2.12 Any questions regarding the booking should be sent directly to the Advertiser, via the booking page of the Site and not to the ChaletOwners team.
2.13 ChaletOwners is not an organizer or retailer of package travel within the meaning of Directive (EU) 2015/2302 on package travel.
3. Automatic creation of the Client’s account
3.1 By contacting the Advertiser under the conditions of article 2.2 above, the Client accepts that ChaletOwners automatically creates an account for him on the Site based on the data he has provided on the Site.
3.2 ChaletOwners will then send the Client his login and password by email to the email address the Client has provided.
3.3 Any Client has the right to request the termination of his account by notifying ChaletOwners by registered letter with acknowledgement of receipt. The termination of the account will nevertheless leave the previous exchanges on reservations made as evidence in case of a later dispute.
4. Communication between the Client and the Advertiser
4.1 ChaletOwners limits itself to providing a functionality for the Client to contact the Advertiser for any information request concerning a property rental or services offered to the Client, without controlling or administering the messages between the Client and the Advertiser. Only the Clients and the Advertisers are responsible for the exchanges between them, ChaletOwners not being able to proceed to a systematic moderation of these exchanges
4.2 However, as part of the obligations of ChaletOwners linked to its status of host as referred to in article 6.I.2 of the LCEN (French law on the protection of the environment), ChaletOwners reserves the right not to submit or to delete a message between the Client or the Advertiser if it is contrary to the present GTU, to the law, to morality or to good morals, or likely to contain a malicious program or undesirable advertising content. This possibility does not create any obligation for ChaletOwners to moderate the exchanges between a Client and an Advertiser or to ensure their security
4.3 ChaletOwners reserves the right to access the exchanges between the Client and the Advertiser, for purposes of security of the Site, fraud prevention, respect of the Law, to improve the Site and its functionalities, to ensure a technical service of the Site, and to provide information or offers that may be of interest to a Client.
4.4 All Clients undertake to manage their communications, requests for information and all their bookings with any Advertiser exclusively through the Site and through the tools made available by ChaletOwners. He/she particularly undertakes not to communicate any telephone contact to the Advertiser before the conclusion of the rental contract, and not to adopt any behaviour that would allow the Advertiser to proceed with the rental without the intermediary of the Site.
4.5 Generally, it is forbidden to use the Site and any communication system set up by ChaletOwners to allow Clients and Advertisers to proceed with any rental or trading operation outside the Site, and in particular, with the aim of evading ChaletOwners’ right to collect any commission from Advertisers.
III – General conditions of use applicable to all Users
5. Guarantees and liability of ChaletOwners5.1 ChaletOwners shall be liable insofar as it fails to comply with its obligation of means linked to its status as host of the Site, such as the duty to remove or make impossible access to illicit content of which it has been informed and if it has been reported to it. ChaletOwners shall not be held responsible for any damage suffered by any Client, even if foreseeable, caused by an Advertiser or by a third party service provider.
5.2 ChaletOwners’ responsibility can only be sought after sending a formal notice which has remained unsuccessful, and will be excluded in case of force majeure, as defined in article 2.7.
5.3 ChaletOwners’ liability shall also be excluded in the event of any dispute, claim, action or other costs, including without limitation any legal costs, direct or indirect, suffered by a Client and resulting from the following
(a) any content or material that Advertiser posts on the Site, for which Advertiser is solely responsible;
(b) the use of any content on the Site by the Advertiser, the Customer or any third party
(c) any violation of these GTU;
(d) any damage suffered by a Client in connection with the rental of a property or the provision of a service offered by the Advertiser
(e) any information, exchange, relationship and communication between the Advertiser and the Client.
5.4 In all circumstances, ChaletOwners shall not be liable to any User or any third party outside of any circumstances related to the operation of the Site or the connection with the Site. In any case, this liability will be limited to the amount of the last commission paid by the Advertiser to ChaletOwners prior to the action at the origin of the dispute engaging its liability.
5.5 The liability of ChaletOwners is exclusively related to the maintenance and operation of and access to the Site. This responsibility is however totally excluded and suspended in case of force majeure, in the sense of article 1218 of the Civil Code and in the sense of article 2.7 above.
6. Rights of ChaletOwners
6.1 ChaletOwners reserves the right to modify, suspend or terminate at any time any graphical aspect or functionality of a Service or the Site, and without incurring any liability in this respect.
6.2 ChaletOwners shall use its best endeavours to reproduce on the Site any photographs provided by the Advertiser as faithfully as possible for the purposes of the reaction of the advertisements. However, the User acknowledges that the photographs, as displayed in his advertisements, may differ in part from the original images due to, inter alia, differences in screen characteristics, and that ChaletOwners disclaims any responsibility for such differences
7. Access to the Site
7.1 The Site is intended to be accessible to Users at all times. However, ChaletOwners may decide to interrupt it for maintenance purposes. Consequently, ChaletOwners and the person in charge of publication do not guarantee permanent accessibility to the Site and cannot be held responsible in case of interruption of service, voluntary or not, or in case of dysfunction having consequences on the accessibility, referencing and display of the Site.
7.2 The display of the Site on any mobile electronic medium is not guaranteed.
8. Intellectual Property and infringement
8.1 ChaletOwners is the owner of the intellectual property rights or holds the copyright and usage rights on all the elements accessible on the Site, in particular the texts, images, graphics, logos, icons, sounds and software.
8.2 Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the Site, including these terms and conditions, whatever the means or process used, is prohibited.
8.3 Any unauthorized exploitation, reproduction or inspiration of the Site or any of its elements will be likely to constitute a violation of copyright, within the meaning of Article L.122-4 of the Intellectual Property Code, and will be considered as constituting an infringement and prosecuted in accordance with the provisions of Articles L.335-2 et seq. of the same code.
9. Treatment of Users’ personal data
9.2 ChaletOwners commits Advertisers to respect the same rules concerning the processing of Users’ personal data (RGPD and Loi Informatique et Libertés).
9.3 ChaletOwners cannot control nor be responsible for the processing of Users’ personal data by Advertisers. In no case ChaletOwners can be considered as a controller or subcontractor of the Advertisers regarding the processing of Users’ personal data carried out by them.
10. Hyperlinks and Cookies
10.1 The Site may contain hypertext links to other websites. However, ChaletOwners does not have the possibility to check the content of the sites thus visited, and consequently will not assume any responsibility for this fact.
The nullity or inapplicability of any of the stipulations of these GTU shall not entail the nullity of the other stipulations, which shall retain all their force and scope. ChaletOwners undertakes to replace the invalidated provision(s) by a legal or applicable provision which will have a legal and economic effect as close as possible to that of the invalid or inapplicable provision.
It is formally agreed that any tolerance or waiver by ChaletOwners, in the application of all or part of the obligations provided for herein, regardless of their frequency and duration, shall not constitute a modification of these GCU, nor generate any new right for the Advertiser.
13. Applicable law and jurisdiction clause
The present GTU are subject to French law and only the Commercial Court of ANNECY shall have jurisdiction
14. Application of these GCU
14.1 The present GTU shall govern the relationship between the User and ChaletOwners. If the User is a professional, he renounces to take advantage of any provision contained in his possible general conditions of purchase of services.
14.2 ChaletOwners reserves the right to modify the present GTU, which will take effect as soon as they are published on the Site and will be applicable to any new use of its services. The User is invited to regularly read the GTU.