General Terms and Conditions for short- and long-term rental

of furnished accommodation and ancillary services

www.magicstay.com

26 June 2018

FOREWORD

MAGIC STAY, a French simplified joint stock company (société par actions simplifiée), with share capital of 2,097,806 euros, registered with the GRASSE Trade & Companies Register under Number 795 128 248, located at 7 avenue Michel Chevalier, ZI LES BOIS DE GRASSE – 06130 GRASSE, and registered with the French Register of Tour and Holiday Operators under Number (Atout France): IM006170015, acting through its legal representative duly authorised to conclude these Terms and Conditions (hereinafter “MAGIC STAY”), publishes and operates the Internet platform accessible at www.magicstay.com(hereinafter the “WEBSITE”).

The WEBSITE connects home-owners, residential lessees, hoteliers, estate agencies and tourist residencies (hereinafter the “LESSORS”) with natural persons acting in a professional capacity or legal persons acting on behalf of their employees that wish to rent furnished accommodation on a short- or long-term basis (hereinafter the “LESSEES”). 

In this context, and in compliance with the General Terms and Conditions of Use of the WEBSITE accessible at https://www.magicstay.com/page_109-general-terms-for-use.html, it is recalled that MAGICSTAY acts in its own name and as an intermediary connecting the LESSORS with the LESSEES.

Registration on the WEBSITE by the LESSOR implies his or its unconditional acceptance of these “Lessor’s” General Terms and Conditions.

 

ARTICLE 1. DEFINITIONS

Under these “Lessor’s” General Terms and Conditions, the following terms shall have the meaning set forth below: 

Accommodation: refers to any furnished property for residential use, the RENTAL ADVERTISEMENT for which has been posted on the WEBSITE. 

Advertisement: refers to the ACCOMMODATION RENTAL offer published by a LESSOR on the WEBSITE describing the features of the ACCOMMODATION. 

Agreement: refers to these “Lessor’s” General Terms and Conditions. 

Amount due to the lessor: refers to the RENT after deduction of the COMMISSION earned by MAGIC STAY, to which is added the price of the ANCILLARY SERVICES, where applicable. 

Booking: refers to the booking of ACCOMMODATION on the WEBSITE.

Commission: refers to the payment owed by the LESSOR to MAGIC STAY in return for the provision of SERVICES.

Cancellation conditionsrefers to the cancellation conditions that apply to the BOOKING, detailed in the ADVERTISEMENT, laid down by the LESSOR and accepted by the LESSEE at the time of BOOKING.

Confidential Information: refers to all financial, legal, technical, commercial and strategic information as well as data, documents of any type, drawings, concepts, trade secrets, expertise, information systems and software forwarded to or brought to the knowledge of a PARTY, under the AGREEMENT, irrespective of the form and/or media used.

Data: refers to all the information, texts, logos, trademarks, animations, drawings and models, photographs, customer data, hypertext links and in general all of the elements and content posted online by the LESSOR in his/its ADVERTISEMENT, according to the procedures, form and conditions proposed to him/it.

Member Area: refers to the dedicated virtual area on the WEBSITE for LESSORS AND LESSEES to search for ACCOMMODATION, post ADVERTISEMENTS online and access their BOOKINGS and invoices. The MEMBER AREA is accessed by using LOGIN CREDENTIALS.

Rental: refers to the short- or long-term rental of ACCOMMODATION by the LESSEE

Rent: refers to the price per day (or per month in the case of long-term RENTAL) provided by the LESSOR upon submitting the ADVERTISEMENT in return for the RENTAL of the ACCOMMODATION.

Lessor: refers to any natural or legal person under private law who or which has subscribed to the SERVICES by registering on the WEBSITE and is offering ACCOMMODATION for RENTAL, the ADVERTISEMENT for which is posted online by MAGIC STAY on the WEBSITE. It is understood that a LESSOR can be either a professional or a private individual acting as a consumer.

Lessee: refers to the natural or legal person, acting in a professional capacity, who or which is renting ACCOMMODATION following a BOOKING on the WEBSITE.

Login Credentialsrefers to the email address and the password providing access to the MEMBER AREA. These LOGIN CREDENTIALS are only to be used by the LESSOR who or which shall be solely liable for them.

Ancillary Services: shall be understood as ancillary services that may be offered by Lessors (housecleaning, etc.) to Lessees in addition to the Rental.

Parties: refers to MAGIC STAY and the LESSOR who or which have signed this AGREEMENT.

Services: refers to all the SERVICES provided by MAGICSTAY under these Terms and Conditions. The SERVICES include:

    • The provision of the WEBSITE’s various functionalities
    • The “MEMBER” SERVICE
    • The “ONE” SERVICE
    • The “PREMIUM” SERVICE

Ancillary Servicesrefers to the services whereby the LESSOR offers the LESSEE a certain number of services in addition to the ACCOMMODATION RENTAL (cleaning, sheets, towels, etc.). 

Member Servicerefers to the provision to the LESSOR of a MEMBER AREA which the LESSOR may use to determine the ADVERTISEMENTS and ANCILLARY SERVICES he/it wishes to offer and thereby be automatically connected with LESSEES.

One Servicerefers to the SERVICE offered by MAGIC STAY whereby MAGIC STAY automatically moves the LESSOR’s ADVERTISEMENT to the top of the list of ONE ADVERTISEMENTS, underneath the PREMIUM ADVERTISEMENTS.

Premium Servicerefers to the SERVICE offered by MAGIC STAY whereby MAGIC STAY automatically moves the LESSOR’s ADVERTISEMENT to the top of the list of PREMIUM ADVERTISEMENTS. 

Website: refers to the internet site accessible at www.magicstay.com including all the hosted web pages and SERVICES offered to the USERS.

User: refers to any person who accesses and browses the WEBSITE.

 

ARTICLE 2. PURPOSE - MODIFICATION

The purpose of these “Lessor’s” General Terms and Conditions is to define the rights and terms and conditions of the LESSOR’s use of and access to the SERVICES offered by MAGIC STAY herein, as well as the PARTIES’ respective rights and obligations associated with the use of such SERVICES.  

Any BOOKING made on the WEBSITE necessarily implies the LESSOR’s unconditional acceptance of these General Terms and Conditions. 

MAGIC STAY reserves the right to change these “Lessor’s” General Terms and Conditions at any time. The LESSOR shall be informed of such modifications by means of a notification sent via email ten (10) days before the changes come into effect. In the event of substantial changes to these “Lessor’s” General Terms and Conditions, a distinction must be drawn between the following possibilities: 

-      Either the LESSOR agrees to said substantial changes, in which case they will automatically come into effect ten (10) working days from notification without further formality 

-      Or the LESSOR expressly refuses the substantial changes, in which case the fixed-term commitments affected by the substantial changes shall be maintained until their expiry in the light of the contractual terms applicable on the day of the initial commitment. The LESSOR must confirm his/its refusal to apply the new “Lessor’s” General Terms and Conditions by registered letter with acknowledgement of receipt within ten (10) days after receiving the aforementioned email. The LESSOR must close his/its account according to the procedures laid down in Article 16.2.1 hereof.

 

ARTICLE 3. CONTRACTUAL DOCUMENTS

The relationship between the LESSOR and MAGIC STAY includes compliance: 

-       where applicable, with the specific agreement concluded by the LESSOR and MAGIC STAY

-       with these General Terms and Conditions for short- and long-term rental of furnished accommodation and ancillary rental services

-       with the General terms and Conditions of Use accessible at https://www.magicstay.com/page_109-general-terms-and-conditions-of-use.html

It is understood that these contractual documents are mutually explanatory. However, in the event of any conflict or discrepancy in the wording of these contractual documents, they shall take precedence in the order in which they are listed above, the higher-ranked document taking precedence over the rank beneath. 

 

ARTICLE 4. PROCEDURE FOR ACCESSING THE WEBSITE AND THE SERVICES

To access the WEBSITE and the SERVICES, a MEMBER AREA must be opened using LOGIN CREDENTIALS; the LESSOR shall open it directly on the WEBSITE.  

The LESSOR must keep the LOGIN CREDENTIALS strictly secret, take any steps to maintain their confidentiality and notify MAGIC STAY of any unauthorised or fraudulent use of his/its MEMBER AREA or his/its LOGIN CREDENTIALS upon learning of it, by any means. It is explicitly agreed by the parties that any operations conducted using the LESSOR’s LOGIN CREDENTIALS shall be deemed to originate from the LESSOR, who or which is solely responsible for their safekeeping.

The LESSOR is solely responsible for the use of his/its LOGIN CREDENTIALS by third parties and/or third-party actions or dealings regarding his/its ADVERTISEMENTS, whether fraudulent or not. For this reason, the LESSOR indemnifies MAGIC STAY against any legal proceedings in this matter.

The LESSOR may decide to permanently terminate this AGREEMENT at any time. He/It shall then notify MAGIC STAY thereof under the conditions laid down in Article 16.2.1, which shall close his/its MEMBER AREA as soon as possible. 

 

ARTICLE 5. MAGIC STAY'S OBLIGATIONS

MAGIC STAY is required to perform the SERVICES in accordance with the applicable rules regarding the purpose of the AGREEMENT, such that these rules ensue from professional standards and practices, European standards, laws, decrees, orders and national, local or professional legislative, regulatory or administrative texts. 

It is expressly agreed by the PARTIES that MAGIC STAY is subject to a general best efforts obligation and is not bound by any performance obligation or enhanced best-efforts obligation of any kind. 

In general, MAGIC STAY offers no assurance that the use of the WEBSITE and the SERVICES shall generate an increase in the LESSOR’s turnover. 

5.1 Hosting - Availability

MAGIC STAY undertakes to do everything in its power to make the WEBSITE, the ADVERTISEMENTS and the DATA of the LESSOR accessible 24 hours a day, 7 days a week except in the case of major force or an event out of MAGIC STAY’s control and subject to any breakdowns or maintenance work necessary for ensuring that the WEBSITE, the MEMBER AREA and the ADVERTISEMENTS function properly. 

5.2 Maintenance

MAGIC STAY undertakes to do all it can to have technical corrections carried out on ADVERTISEMENTS with regard to any operating anomalies and/or compliance anomalies in relation to applicable security standards. 

MAGIC STAY provides LESSORS with a support service available at support@magicstay.com.

Any intervention resulting from the LESSOR’s improper use of the WEBSITE or the SERVICES may lead to a specific charge, it being specified that MAGIC STAY also reserves the right to use a subcontractor to provide such services.

5.3 Financial transparency

In accordance with Article 243 bis of the French General Tax Code and Decree No.2017-126 of 2 February 2017 concerning the information obligation relating to tax issues and social contributions for users of on-line connection platforms, MAGIC STAY informs the LESSOR that he/it is required to keep abreast of his/its tax and social obligations concerning his/its activity and the transactions he/it performs on the WEBSITE.  

As such, each year in January MAGIC STAY shall send the LESSOR a document summarising the gross amount of transactions performed annually. 

Compliance with these obligations for the preceding year shall be certified, each year, before 15 March, by an independent third party, namely an auditor, an audit firm or any other entity, natural or legal person, having their registered office in EU territory and adhering to an audit method which provides an impartial and thorough review.  As such, it is specified that the entity issuing the certification must provide guarantees of independence, integrity and respectability, and carry out its mission avoiding any conflict of interest, and must not be subject to the company to which it is issuing the certification by the dependent ties defined in Article 39 paragraph 2 of the French General Tax Code.  

 

ARTICLE 6. THE LESSOR'S OBLIGATIONS

When using the SERVICES, the LESSOR undertakes to comply with the laws and regulations in force, as well as the rights of third parties and the provisions of this AGREEMENT. The LESSOR undertakes to act loyally towards MAGIC STAY and the USERS.

More specifically, it is recalled that:

  • the LESSOR undertakes to update his/its ADVERTISEMENT(S) and keep it/them up-to-date.
  • the LESSOR is solely responsible for the truthfulness and accuracy of the information communicated to MAGIC STAY when he/it registers and to the USERS via his/its ADVERTISEMENT(S). 

The LESSOR publishes, under his/its sole responsibility, all the contact details, information and DATA he/it wishes to see appear in his/its ADVERTISEMENT(S), it being specified that he/it undertakes to obtain all the necessary authorisations from the rights owners or anyone likely to claim any right over said DATA.   Under no circumstances may MAGIC STAY be held liable in the case of a violation of the rights of third parties or, for example, if mistakes or omissions have been made.

For this reason, the LESSOR guarantees that the ADVERTISEMENTS proposed on the WEBSITE are legal. The LESSOR also acknowledges that he/it is fully authorised to provide said ADVERTISEMENT and to let or sub-let the ACCOMMODATION. 

In order to allow MAGIC STAY to perform the SERVICES under the best possible conditions, the LESSOR undertakes to:  

-      honour all BOOKINGS made by LESSEES via the WEBSITE 

-      regularly log in to his/its MEMBER AREA to respond to ACCOMMODATION requests and update the availability of his/its ADVERTISEMENTS and the status of his/its BOOKINGS. 

-      pay the price corresponding to the SERVICES 

In any event, each LESSOR is required to:

-      refrain from disseminating any content, data, information or services contrary to common decency and public order 

-      refrain from deflecting the purpose of the WEBSITE and the ADVERTISEMENTS in order to redirect USERS to other similar platforms or to commit crimes, offences or infringements punishable under the French Penal Code or any other law

-      Respect the privacy of third parties and the confidentiality of interactions with MAGIC STAY 

-      Comply with all of the laws and regulations in force governing communication on the Internet (including but not limited to the French Digital Republic Act of 7 October 2016, the Macron Law of 25 August 2015, the Hamon Law of 17 March 2014, the French Law for Trust in the Digital Economy of 21 June 2004) and/or rules which might prevent, restrict or regulate the dissemination of information or data, and, not exhaustively, comply with the French Data Protection Act of 6 January 1978 as amended, with codes of good conduct and with professional standards and practice as established, for example by the CNIL (French Data Protection Authority) / www.cnil.fr), the SNCD (French National Syndicate of Direct Marketing / www.sncd.org), the FEVAD (French Federation of Distance Selling Companies) / www.fevad.com and Internet providers, and with privacy protection and respect of property rights.  It is specified that this obligation extends to compliance with the standards in force in each country targeted by the LESSOR in his ADVERTISEMENTS. 

-      Refrain from attempting to interfere, under Articles 323-1 et seq of the French Penal Code, with the automated data processing systems implemented for the operation of the WEBSITE and his/its ADVERTISEMENT(S) 

-      Refrain from violating or attempting to violate the security of the WEBSITE and his/its ADVERTISEMENT(S), communicating any misleading information and using information for illegal purposes.  

The LESSOR is prohibited from proposing autonomously, without passing through the WEBSITE, any ACCOMMODATION to a LESSEE with whom he has been put in contact through MAGIC STAY during the whole duration of this AGREEMENT and for a period of twelve (12) months at the end of this one.

However, the LESSOR can independently offer one or more ANCILLARY SERVICES to a LESSEE who is occupying the RENTAL. 

 

ARTICLE 7. THE LESSOR'S OBLIGATIONS REGARDING THE ADVERTISEMENT

The LESSOR can place an ADVERTSEMENT on the WEBSITE free of charge. 

By publishing an ADVERTISEMENT on the WEBSITE, the LESSOR expressly authorises MAGIC STAY to offer said ADVERTISEMENT to MAGIC STAY’s distributor partners.

The LESSOR is required to provide full and truthful information in a legible and understandable manner in his/its ADVERTISEMENT, in particular:

-       The key features of the ACCOMMODATION, namely:

  • the type of ACCOMMODATION
  • the location
  • whether there is a lift
  • the surface area of the ACCOMMODATION
  • the number of roms (bedrooms, WC, bathroom and/or shower room, kitchen)
  • its sleeping capacity
  • access for people with reduced mobility 
  • the type of indoor and outdoor facilities 
  • the type of decoration in the ACCOMMODATION

-       where applicable, the ANCILLARY SERVICES offered and their price

-       the RENT

-       where applicable, the water, gas and electricity supply as well as that of district heating and of digital content not provided on a hardware support, subject to sparing and environmentally-friendly consumption.  If there is an additional charge for these services, the WEBSITE ADVERTISEMENT shall expressly notify the USERS 

-       The service charges for services the LESSEE receives directly and the taxes associated with the ACCOMODATION except for the tourist tax

-       The currency in which payment should be made

-       The availability dates of the ACCOMMODATION

-       The LESSOR’s identity (name or company name, postal address, email address, telephone number) and status (private individual, hotelier, person offering one or more guest rooms for RENTAL, etc.). 

-       If a deposit is required, the amount of this deposit

-       The amount of tourist tax and how it is collected

-       CANCELLATION TERMS AND CONDITIONS

-       The times the LESSOR hands the keys over to the LESSEE, the ACCOMMODATION is to be vacated and the LESSEE hands back the keys

-       Photographs of the outside of the ACCOMMODATION and the interior rooms

-       The accreditation number (according to local regulations).

  

ARTICLE 8. THE LESSOR'S OBLIGATIONS REGARDING THE ACCOMMODATION

8.1 The LESSOR's general obligation to comply with applicable regulation

The regulations described in this section apply to ACCOMMODATION situated in France. Regulations vary depending on the country and the local authorities. LESSORS are required to keep abreast of the legislation that applies to their country and municipality and to comply with it, before offering ACCOMMODATION for RENTAL.  These laws are recorded in the planning and administrative regulations and failure to comply with them is punishable by fines.  

Where applicable, regulations may require the LESSOR to register and obtain authorisation or a licence to offer a property for RENTAL, limit the ability to accommodate LESSEES in return for payment over short periods of time or completely prohibit short-term RENTAL. 

In any event, MAGIC STAY may not be held liable should the LESSOR fail to comply with the regulations of the country where the ACCOMMODATION is situated. The LESSOR undertakes to indemnify MAGIC STAY following the occurrence of any damage of any kind resulting from the LESSOR’s failure to comply with the regulations. 

8.1.1 In the case of the RENTAL of ACCOMMODATION categorised as “furnished tourist” 

Villas, apartments and furnished studio flats for the exclusive use of the LESSEE, offered for RENTAL to transient customers renting them by the day, week or month, and in which the LESSEE does not take up residence, are considered to be “furnished tourist” ACCOMMODATION.  

The LESSEE attests that MAGIC STAY has informed him/it that, prior to the RENTAL, he/it must have declared the RENTAL to the mayor of the municipality where the ACCOMMODATION is situated. Such a declaration is not required if the ACCOMMODATION is the LESSOR’s main residence.

Any change concerning the items of information included in the declaration must be the subject of a new declaration to the mayor. 

The LESSOR acknowledges that he/it has been informed that if a person offering furnished tourist accommodation for RENTAL does not comply with the above-mentioned declaration obligation, this is punishable by Class 3 offence penalties.

The LESSOR declares that MAGIC STAY has informed him/it, prior to the RENTAL of the ACCOMMODATION, that said ACCOMMODATION being the LESSOR’s main residence, renting furnished tourist accommodation intended for repeated occupancy for short periods of time to transient customers who do not take up residence there represents a change in use under Article L.631-7 of the French Building and Housing Code if the ACCOMMODATION is situated

-       in a municipality of over 200,000 inhabitants or in a municipality situated in the departments of Hauts-de-Seine, Seine-Saint-Denis and Val-de-Marne or 

-        in certain municipalities by decision of the administrative authority upon the mayor’s proposal or 

-       in municipalities belonging to continuous built-up areas of over 50,000 inhabitants defined in Article 232 of the French General Tax Code, upon a resolution by the deliberative body of the relevant Public Establishment for Intercommunal Co-operation regarding local town planning or, failing that, by the city council.

The LESSOR declares that, prior to publishing any ADVERTISEMENT on the WEBSITE, he/it was granted permission to proceed with a change in use of the ACCOMMODATION when such permission was required.

The LESSOR acknowledges that he/it has been informed that any breach of these provisions renders him/it liable to a fine of 25,000 euros and to returning the premises converted without permission to housing, subject to a penalty of 1,000 euros per day and per usable square metre of the illegally converted premises.

The LESSOR also acknowledges that he/it has been informed that if he/it has made any false statements, or if, by using fraudulent schemes, he/it has concealed or attempted to conceal the premises subject to declaration, he/it shall be sentenced to one year in prison and fined 80,000 euros or be liable to only one of these two penalties without prejudice to the termination of the RENTAL and the eviction of the LESSEES illegally installed. 

The LESSOR declares that he/it is authorised by the co-ownership regulations and/or the internal rules of the building in which the ACCOMMODATION is situated, to rent the ACCOMMODATION as furnished tourist accommodation.  

When the LESSOR is him/itself renting the ACCOMMODATION, he/it declares that prior to publishing the ADVERTISEMENT on the WEBSITE, he/it obtained the prior written agreement of the owner of the ACCOMMODATION in order to proceed with the RENTAL 

More generally, the LESSOR is required to ensure that the regulations applicable to the ACCOMMODATION are observed. He/It undertakes to make all the declarations and obtain all the authorisations required by the regulations so that neither MAGIC STAY nor the LESSEE are ever held to account and in particular he/it ensures that the ACCOMMODATION offered for RENTAL or sub-letting is not rented for more than one hundred and twenty days a year through him/it when the ACCOMMODATION is the LESSOR’s main residence.  To this end, when MAGIC STAY is aware of this, it counts the number of nights the ACCOMMODATION has been occupied and informs the municipality of the rented ACCOMMODATION of this, upon request, annually. The LESSOR is informed of the fact that after one hundred and twenty days of rental, the ACCOMMODATION may no longer be rented by him/it until the end of the current year. 

By adhering to these General Terms and Conditions prior to the RENTAL of the ACCOMMODATION, the LESSOR declares on his/its honour that he/it has complied with the obligations stipulated in this Article 9.1.1 prior to publishing the ADVERTISEMENT on the WEBSITE.

8.1.2 In the case of the RENTAL of ACCOMMODATION categorised as “guest rooms"

Furnished rooms in private homes for accommodating tourists, in return for payment, for one or more nights, coupled with services such as the provision of breakfast and household linen are considered to be guest rooms. 

The LESSOR declares that the guest room leads to a bathroom and a WC and complies with current regulations in the areas of health, safety and cleanliness. The rooms and sanitary facilities must be cleaned every day, at no extra charge and without the LESSEE having to pay for an ANCILLARY SERVICE. 

The LESSEE declares that MAGIC STAY has informed him that, prior to the RENTAL, he must have declared the RENTAL to the mayor of the municipality where the ACCOMMODATION is situated. Any change concerning the items of information included in the declaration must be the subject of a new declaration to the mayor. 

The LESSOR acknowledges that he has been informed that if a person offering a guest room for RENTAL does not comply with the above-mentioned declaration obligation, this is punishable by Class 3 offence penalties. 

By adhering to these General Terms and Conditions prior to the RENTAL of the ACCOMMODATION, the LESSOR declares on his honour that he has complied with these obligations prior to publishing the ADVERTISEMENT on the WEBSITE.

The LESSOR declares that he is authorised by the co-ownership regulations and/or the internal rules of the building in which the ACCOMMODATION is situated, to rent the ACCOMMODATION as guest rooms.

More generally, the LESSOR is required to ensure that the regulations applicable to the ACCOMMODATION are observed and he undertakes to make all the declarations and obtain all the authorisations required by the regulations so that neither MAGIC STAY nor the LESSEE are ever held to account. 

8.2. Obligation to provide ACCOMMODATION consistent with the ADVERTISEMENT

The LESSOR undertakes to hand over the keys at the times indicated in the ADVERTISEMENT and to provide MAGIC STAY with ACCOMMODATION which matches the description given of it in the ADVERTISEMENT and to maintain the furnished ACCOMMODATION in a condition for use as furnished ACCOMMODATION and to carry out any repairs necessary so that the LESSEE can peacefully enjoy the ACCOMMODATION. 

The LESSOR undertakes to notify MAGIC STAY immediately using the support@magicstay.comemail address in the event of:

-       any damage or disorder he notices in the ACCOMMODATION which requires repair. In this case, MAGIC STAY shall immediately remove the ADVERTISEMENT from the WEBSITE. The LESSOR undertakes to inform MAGIC STAY of the type of damage or disorder and the duration and implementation period of the work, it being specified that, until the LESSOR declares to MAGIC STAY that such repairs have been performed in a satisfactory manner, the ADVERTISEMENT shall no longer be published on the WEBSITE.  The ADVERTISEMENT shall be re-published on the WEBSITE, without re-marketing charges, as from the LESSOR’s declaration. 

-       any change that has occurred in the ACCOMMODATION between the BOOKING date and the date the ACCOMMODATION keys are handed over to the LESSEE. In this case, the stipulations of Article 9.3 below shall apply.

8.3. Technical diagnostics

The LESSOR undertakes to provide MAGIC STAY and/or the LESSEE, upon the first request from either of them, with all of the mandatory technical records in the case of RENTAL, according to the regulations in force in the country where the ACCOMMODATION is situated. In this regard, it is recalled that the LESSOR must keep abreast of the regulations in force in the country where the ACCOMMODATION is situated and comply with them, before renting out a property.

For example, for ACCOMMODATION situated in France, the LESSOR undertakes to provide the report on the risk of exposure to lead, the situation regarding natural, mining and technological risks and the energy performance diagnostic.

Furthermore, the LESSOR declares that he/it has no knowledge of any damage which has already occurred in the ACCOMMODATION and that he/it has not been compensated for technological disasters.  

 

ARTICLE 9. BOOKINGS - ACCEPTANCE OF THE RENTAL

9.1 Booking subject to the agreement of the LESSOR following a cooling-off period

The LESSOR is notified of the BOOKING requests made by USERS in his/its MEMBER AREA by email and by SMS.

The LESSOR has twenty-four (24) hours from the BOOKING request to accept or refuse this BOOKING. Silence on the part of the LESSOR during this twenty-four (24) hour period constitutes refusal of the BOOKING. 

Before accepting the BOOKING, the LESSOR shall check that: 

-       the ACCOMMODATION and, where applicable, the ANCILLARY SERVICES are available for the period in question

-       that the RENT and the AMOUNT DUE TO THE LESSOR mentioned in the BOOKING are correct

-       that the address of the ACCOMMODATION in question is correct. 

If the LESSOR accepts the BOOKING, he/it undertakes to comply with the commitments made to the LESSEE in the ADVERTISEMENT and authorises MAGIC STAY to conclude the RENTAL immediately with the USER concerned. 

9.2 Instant Booking

Without prejudice to the other provisions in the BtoB General Terms and Conditions of Service, MagicStay may close the Profile without prior notice or notification in cases of serious breach by a Professional Lessors of any of its obligations.

Without prejudice to the other provisions hereof, MagicStay may close the Profile fifteen (15) days after sending a Professional Lessor an e-mail signifying the breach and requesting compliance with the BtoB General Terms and Conditions of Service remaining fruitless.

Closure-termination shall take place without prejudice to any damages that may be claimed by MagicStay from such Professional Lessor or its assigns or legal representatives as remedy for the prejudice suffered due to such breach.

It is hereby specified that in such a situation, such Professional Lessor shall not re-register on the Site.

 

ARTICLE 10. CANCELLATION

10.1 Cancellation of the BOOKING by the LESSOR

Any BOOKING cancellation made by the LESSOR must be reasoned and justified by a case of major force.  Failing that, MAGIC STAY reserves the right to delete the account of the LESSOR who or which must reimburse MAGIC STAY with the full AMOUNT DUE TO THE LESSOR (when this has already been paid to the LESSOR) and pay MAGIC STAY its COMMISSION in full.  

If the LESSOR cancels for the first time in a 6-month period, he/it may be exempted from such payments on a discretionary basis.

If the LESSOR cancels a BOOKING, he/it must notify the LESSEE and notify MAGIC STAY by sending an email to cancellation@magicstay.com.

10.2. Cancellation of the BOOKING under the 24-hour Conformity Guarantee

The 24-hour Conformity Guarantee gives the LESSEE 24 hours from when the keys to the ACCOMMODATION are handed over to report any significant non-conformity of the ACCOMMODATION compared to the ADVERTISEMENT and/or any significant disorder or damage to the ACCOMMODATION to the LESSOR and/or MAGIC STAY. 

If this guarantee is activated, the LESSOR undertakes to:

-       Option 1: Bring the ACCOMMODATION into line with the wording of the ADVERTISEMENT and/or have the disorder or damage fixed within 24 hours after the LESSEE’s notification. 

-       Option 2: Provide ACCOMMODATION which has at least the same features (sleeping capacity, quality and comfort, geographical area) within 24 hours after the LESSEE’s notification and pay any difference in price.

If the LESSOR fails to fulfil this commitment, MAGIC STAY may

-       cancel the BOOKING

-       not pay back any AMOUNT DUE TO THE LESSOR

-       delete the LESSOR’s MEMBER AREA, without notice or compensation 

-       charge the LESSOR penalties in the event of improper conduct.

The 24-hour Conformity Guarantee applies to the full amount of RENT, whatever that may be. 

The implementation of “Very Strict” CANCELLATION TERMS AND CONDITIONS means this guarantee does not apply. The implementation of “Strict” CANCELLATION TERMS AND CONDITIONS means the guarantee applies to 50% of the RENT.

10.3. Cancellation of the BOOKING outside the scope of the 24-hour Conformity Guarantee - Cancellation compensation paid to he LESSOR

10.3.1. The LESSOR has chosen one of the CANCELLATION TERMS AND CONDITIONS proposed by MAGIC STAY

The CANCELLATION TERMS AND CONDITIONS apply to the BOOKING and define the cancellation compensation paid to the LESSOR. 

MAGIC STAY undertakes to pay the LESSOR cancellation compensation where applicable within a maximum of 7 working days after the cancellation date.

The period between the cancellation date (“CD”) and the date on which the RENTAL was to take place (“R”) is counted in calendar days.

CANCELLATION TERMS AND CONDITIONS

Cancellation date (CD)

Cancellation compensation for the LESSOR

Very Strict

Any time

The LESSOR receives 100% of the AMOUNT DUE TO THE LESSOR

Strict

R -60 days or more

 

 

From R -59 to R-3 days

 

 

R -2 days or less

The LESSOR does not receive any of the AMOUNT DUE TO THE LESSOR

 

The LESSOR receives 50% of the AMOUNT DUE TO THE LESSOR

 

The LESSOR receives 100% of the AMOUNT DUE TO THE LESSOR 

Moderate

R -30 days or more

 

 

From R-29 to R-3 days

 

 

R-2 days or less

The LESSOR does not receive any of the AMOUNT DUE TO THE LESSOR

 

The LESSOR receives 50% of the AMOUNT DUE TO THE LESSOR 

 

The LESSOR receives 100% of the AMOUNT DUE TO THE LESSOR

Flexible

R -10 days or more

 

 

From R -9 to R-3 days

 

 

R -2 days or less

The LESSOR does not receive any of the AMOUNT DUE TO THE LESSOR

 

The LESSOR receives 50% of the AMOUNT DUE TO THE LESSOR 

 

The LESSOR receives 100% of the AMOUNT DUE TO THE LESSOR 

Very Flexible

R -3 days or more

 

 

R -2 days or less

The LESSOR does not receive any of the AMOUNT DUE TO THE LESSOR

 

The LESSOR receives 100% of the AMOUNT DUE TO THE LESSOR 

 

10.3.2. The LESSOR has defined his own CANCELLATION TERMS AND CONDITIONS after agreement by MAGIC STAY

The CANCELLATION TERMS AND CONDITIONS apply to the BOOKING and define the cancellation compensation paid to the LESSOR.

10.3.3. Case of long-term RENTAL

The cancellation rules are those defined by MAGIC STAY. They apply to the BOOKING and define the Cancellation compensation for the LESSOR.

 

ARTICLE 11. COLLECTION AND ISSUING OF THE INVOICE TO THE LESSEE BY MAGIC STAY

The LESSOR authorises MAGIC STAY to freely determine the amount owed by the LESSEE, which includes:

-       the RENTAL of the ACCOMMODATION

-       the ANCILLARY SERVICES

-       the SERVICES offered to the LESSEE by MAGIC STAY

-       the optional guarantees

-       the tourist tax, where applicable

MAGIC STAY invoices and collects the amount owed by the LESSEE on its behalf.

 

ARTICLE 12. MAGIC STAY'S FINANCIAL TERMS AND CONDITIONS - COMMISSION OWNED BY THE LESSOR

Professional Lessors hereby authorize MagicStay to freely use the Content without valuable consideration in order to conduct communications operations regardless of media. 

12.1. Commission

During the RENTAL of ACCOMMODATION, MAGIC STAY receives a COMMISSION of a percentage of the RENT provided by the LESSOR when he/it places an ADVERTISEMENT. 

LESSORS who are private individuals are charged COMMISSION at a fixed rate. 

For LESSORS who are professionals, COMMISSIONS vary depending in particular on the type of ACCOMMODATION and the number of ADVERTISEMENTS placed. The COMMISSION RATES table is available once the LESSOR has registered on the WEBSITE.

12.2. ADVERTISEMENT visibility options 

The LESSOR has the opportunity of subscribing to different ADVERTISEMENT visibility options offered by MAGIC STAY. In this case, the LESSOR selects the chosen option on the WEBSITE and pays for it by bank card (Carte Bleue, VisaTM, MasterCardTM, American Express) to complete the purchase. As soon as payment has been made, an invoice is generated and becomes available in the LESSOR’s profile. 

12.3. Invoicing – Payment

The sums owed by the LESSOR shall be invoiced by MAGIC STAY in accordance with applicable regulations.

The COMMISSION shall be invoiced by MAGIC STAY by issuing a debit note for the attention of the LESSOR including both the COMMISSION owed to MAGIC STAY by the LESSOR and the RENT reimbursed to the LESSOR. The LESSOR’s COMMISSION payment shall be made by offsetting, MAGIC STAY only reimbursing the LESSOR with the amount due to him and retaining the difference between the RENT and the AMOUNT DUE TO THE LESSOR.  

 

ARTICLE 13. AMOUNT DUE TO THE LESSOR

13.1. Payment of the AMOUNT DUE TO THE LESSOR

MAGIC STAY undertakes to pay the LESSOR the amount due to him/it within a maximum of two (2) days following the date on which the RENTAL is due to begin. An advance payment may be paid to him/it in certain cases, depending on the CANCELLATION TERMS AND CONDITIONS chosen when the ADVERTISEMENT was placed.

In the case of a long-term RENTAL, MAGIC STAY undertakes to reimburse the LESSOR with the amount due to the LESSOR on a monthly basis. The 1st payment shall be made 2 days following the date on which the RENTAL is due to begin and the following payments at intervals of one month in relation to the previous payment. 

In the case of suspected fraud, MAGIC STAY reserves the right to apply an additional period of payment to the LESSOR in order to check the payment of sums owed by the LESSEE.

The currency chosen for the payment of the AMOUNT DUE TO THE LESSOR shall be the currency chosen by the LESSOR in the ADVERTISEMENT.

If the LESSOR has given an estate agency or a service provider a mandate to offer ACCOMMODATION on the WEBSITE, the AMOUNT DUE TO THE LESSOR shall be paid directly to the estate agency or service provider in its capacity as the LESSOR’s agent. This shall be payment in full discharge for MAGIC STAY.

The professional LESSOR may also issue an invoice relating to the AMOUNT DUE TO THE LESSOR. 

13.2. Taxation of income received by the LESSOR

The LESSOR declares that he/it has been informed by MAGIC STAY of his/its fiscal and social obligations for each RENTAL and in particular of the taxable nature of the income drawn from the RENTAL. MAGIC STAY undertakes to send the LESSOR each year in January a document summarising the gross amount of RENTALS and all the amounts that the LESSOR has received, through MAGIC STAY and the WEBSITE, over the course of the preceding year. This document can also be accessed from the LESSOR’s MEMBER AREA.

 

ARTICLE 14. TOURIST TAX

The LESSOR gives MAGIC STAY the responsibility of collecting the tourist tax from the LESSEE at the time of BOOKING and paying it to the municipality or the Public Establishment for Intercommunal Co-operation (EPCI). Consequently, MAGIC STAY undertakes to collect the tourist tax from the LESSEE and pay it to the municipality or the EPCI on behalf of the LESSORS.

If the BOOKING is cancelled, MAGIC STAY undertakes, at the LESSEE’s request sent to reservation@magicstay.com, to reimburse the LESSEE with the full amount of tourist tax it has collected.

However, the LESSOR may decide to collect the tourist tax him/itself from the LESSEE when he/it hands over the keys to the ACCOMMODATION or when the BOOKING takes effect.  In this case, the LESSOR must specifically state this in his/its ADVERTISEMENT and shall send MAGIC STAY proof that the tourist tax has been collected within 30 days from the date the RENTAL is returned. 

 

ARTICLE 15. INTELLECTUAL PROPERTY

The LESSOR declares that he/it owns all the intellectual property rights over the DATA posted online in his/its ADVERTISEMENT(S). 

The LESSOR declares that said DATA and the services do not in any way infringe the rights of third parties, that they do not in particular constitute an infringement or an act of unfair or parasitic competition regarding a pre-existing work and that they do not violate the intellectual property rights of third parties in any way.   

For the purpose of the performance of this AGREEMENT, the LESSOR authorises MAGIC STAY, on a non-exclusive basis and throughout the whole world, to use, reproduce, represent, adapt and make publicly available said DATA including in particular the trademarks, logos, creations protected by copyright and any distinctive visible signs for the purpose of the performance of this AGREEMENT and any related SERVICE 

Through this AGREEMENT, MAGIC STAY grants the LESSOR a non-exclusive licence for use, including in particular the LESSOR’s right to access and use his/its MEMBER AREA via the LOGIN CREDENTIALS entered when he/it registered in order to customise and manage his/its ADVERTISEMENT(S).

It is specified that this licence is non-transferable and may not be considered as a transfer of property of any kind for the benefit of the LESSOR. This licence is granted for the entire term of this AGREEMENT.

 

ARTICLE 16. SUSPENSION - TERMINATION

16.1. Suspension

In the event of a breach of these provisions or current laws and regulations, as well as a lack of cooperation and/or disloyalty, MAGIC STAY may automatically suspend the listing and/or access to the SERVICES if the detected wrongdoings must be stopped urgently, without compensation for the LESSOR and without prior formal notice. 

MAGIC STAY may take his/its ADVERTISEMENT(S) off-line so that the LESSOR can regularise the identified breaches within twenty-four (24) hours. At the end of this period, if the LESSOR has not corrected the various breaches, MAGIC STAY may terminate the LESSOR’s membership and terminate the AGREEMENT, subject to a twenty-four (24) hour notice period.

16.2. Termination

16.2.1. Termination by the LESSOR

Any LESSOR is entitled to terminate his/its registration on the WEBSITE, for no specific reason, with twenty-four (24) hours’ notice. The LESSOR may also terminate the AGREEMENT if these contractual terms and conditions are substantially changed.

Any LESSOR who wishes to delete his/its MEMBER AREA should send an email to dpo@magicstay.comor a registered letter with acknowledgement of receipt to the address of MAGIC STAY’s registered office. 

16.2.2. Termination by MAGIC STAY

MAGIC STAY is also entitled to terminate the LESSOR’s registration, without having to give a particular reason as justification, with twenty-four (24) hours’ notice from when the LESSOR is sent an email or a registered letter with acknowledgement of receipt informing him/it of the termination. 

MAGIC STAY may also automatically terminate the AGREEMENT if the LESSOR goes into receivership or compulsory liquidation, if a third party takes control of the LESSOR or if the LESSOR’s business is sold to a third party. 

The AGREEMENT is concluded in consideration of the person of the LESSOR. Therefore, except for cases provided for by the law, the transfer of the AGREEMENT by the LESSOR shall be subject to MAGIC STAY’s prior approval.  If need be, MAGIC STAY’s refusal shall stop the transfer of the AGREEMENT. 

16.2.3. Consequences of termination -  Reversibilitys

Such termination automatically leads to the de-listing of the LESSOR’s ADVERTISEMENTS from the catalogue, the termination of access to the SERVICES and the cancellation of all the SERVICES offered to the LESSOR. 

In any event, the termination of access to the SERVICES may only take place after the last current BOOKING has been rendered fully invalid.  Finally, it is stipulated that MAGIC STAY shall then reserve the right to send the LESSOR any claim initiated by a LESSEE concerning any of the BOOKINGS he has made and shall retain the ability to contact the LESSOR to cooperate with him/it for an additional period of two (2) months from receipt of the termination email or letter.  

In the event of the termination of the contractual relationship, for whatever reason, MAGIC STAY undertakes to return to the LESSOR all of the DATA, files and documents that belong to him/it and are contained in the ADVERTISEMENT(S) in an intelligible form within ten (10) days. This commitment is conditional upon the LESSOR being up-to-date with his/its payments.

It is, however, stipulated if the LESSOR has failed to indicate his/its wish to have his/its DATA, files and documents returned in the two (2) months following the end of the AGREEMENT, MAGIC STAY shall be entitled to destroy such DATA, files and documents. 

Except for termination due to a fault on the part of MAGIC STAY, in the event of the termination of the AGREEMENT, all sums owed by the LESSOR to MAGIC STAY are due for payment immediately. 

In the case of termination due to a fault on the part of the LESSOR, the LESSOR may not apply to register again on the WEBSITE until three (3) months after the date his/its MEMBER AREA was closed. 

The Intellectual Property, Confidentiality, Liability and Personal Data articles shall remain in force in the event of the termination of these Terms and Conditions for an additional period of five (5) years, unless otherwise expressly stated or stipulated by legal or regulatory provisions. 

 

ARTICLE 17. SUSPENSION - TERMINATION

17.1. General principles

MAGIC STAY is subject to a simple best efforts obligation in the performance of the SERVICE and its obligations, to the exclusion of any performance obligation. 

MAGIC STAY shall be automatically free from any undertaking or liability:

-       in the event of major force as defined by the applicable case-law

-      in the event of non-payment of the LESSOR

-      in the event of the LESSOR breaching his/its general obligation of loyalty and collaboration 

-      in the event of damage sustained during or following encounters or contact between LESSORS and LESSEES outside the WEBSITE

-      in the event of the LESSOR’s misconduct, negligence, withdrawal, cancellation, omission or failure  

-       in the event of damage caused by the LESSEE or any associated occupants to the ACCOMMODATION and to its fixtures, fittings, facilities and furnishings 

Furthermore, MAGIC STAY shall not be liable for any use which does not comply with or is not provided for by this AGREEMENT.   

MAGIC STAY may therefore not be held liable for damages consequential in particular to: 

-      the non-performance or improper performance by the LESSOR of his/its obligations under this AGREEMENT

-       the improper use of his/its ADVERTISEMENT(S) and the MEMBER AREA

-      the links and offers proposed by the LESSOR in his/its ADVERTISEMENT(S) which fail to comply with current legislation or which may infringe upon the rights of a third party. 

With regard more specifically to the listing service, it is recalled that the displaying of the LESSOR’s ADVERTISEMENT(S) on the WEBSITE in response to a USER request in the WEBSITE’s search engine, and in particular its presence or not in the displayed results, or its order or conditions of appearance, are dependent upon the relevance of the ADVERTISEMENT to the USER’s requirements and upon the LESSOR’s performance.   MAGIC STAY shall in no way be held liable to the LESSOR for the LESSOR’s poor positioning in the responses given to the WEBSITE’s USERS.  

Under no circumstances may MAGIC STAY be held liable, regardless of the type of proceedings initiated, for indirect damage of any kind, for example, but not limited to, any financial or commercial loss, loss of profits, disruption to business, shortfall in earnings, third-party damage or proceedings brought by a third party against the LESSOR and their consequences, related to these Terms and Conditions or to their performance. The LESSOR is solely responsible for any damage, direct or indirect, tangible or intangible caused by him/itself or by one of his/its employees to MAGIC STAY or to third parties due to his/its use of the SERVICES.

The PARTIES expressly agree that MAGIC STAY may use external service providers or partners to perform all or part of the SERVICES. In this case, the LESSOR shall be informed upon simple request of the guarantees and service level offered by the external service provider that shall be enforceable. 

17.2. Regarding MAGIC STAY’s responsibility as intermediary 

MAGIC STAY does not previously screen or check the content of the ADVERTISEMENT and more generally the information provided by the LESSOR and neither does it visit the ACCOMMODATION advertised in the ADVERTISEMENTS. 

The LESSOR is solely responsible for the accuracy of the information that appears in his/its ADVERTISEMENT which he/it declares to be genuine and true so that MAGIC STAY may never be held to account for any reason.

In accordance with the General Terms and Conditions of Use available at https://fr.magicstay.com/page_109-conditions-generales-dutilisation.html, it is recalled that MAGIC STAY shall be the hosting company for all the content published by the LESSOR on the WEBSITE, under Article 6 I 2) of the Act of 21 June 2004 on Trust in the Digital Economy (hereinafter “ATDE”).

17.3. Regarding the LESSOR’s responsibility

The LESSOR indemnifies MAGIC STAY against all actions, claims, demands or objections by the LESSEE based on the RENTAL and the ANCILLARY SERVICES.

The LESSOR indemnifies MAGIC STAY against all actions, claims, demands or objections by any person invoking a right or an act of unfair and/or parasitic competition, of counterfeiting, of misleading or unfair business practice or of illicit service provision committed by the LESSOR and connected with the BOOKINGS and RENTALS.

The LESSOR shall pay for all damages and interest which MAGIC STAY might be ordered to pay on the above grounds as soon as the judgement pronouncing them becomes enforceable, as well as all of the indemnities and charges of any kind incurred by MAGIC STAY for its defence, including lawyers’ fees.

17.4. Regarding MAGIC STAY’s responsibility towards the LESSOR

Any LESSOR may hold MAGIC STAY liable provided he/it has previously notified it of the alleged infringement by registered letter with acknowledgement of receipt and MAGIC STAY has not responded within 15 days from receipt of this formal notice. In any event, it is recalled that MAGIC STAY may only be held liable if there is a proven fault. 

MAGIC STAY shall in particular be automatically free from any undertaking or liability: 

-      in the case of incomplete or inaccurate information provided by a LESSEE

-      in the case where the French Ministry of Foreign Affairs, the embassies and/or the consulates of foreign countries in which the ACCOMMODATION advertised in an ADVERTISEMENT is situated advises against or bans travelling and/or staying in this destination. MAGIC STAY encourages the LESSOR to consult specialist information websites to find out the required formalities to be completed for visiting the countries concerned and to become informed of the recommendations and bans by embassies and/or the foreign consulates or the French Ministry of Foreign Affairs.  

In any event and regardless of the circumstances, MAGIC STAY’s responsibility towards any LESSOR is limited to the total amount of COMMISSION received by MAGIC STAY via the RENTAL by the LESSOR during the month preceding said liability proceedings.

 MAGIC STAY cannot under any circumstances be held liable in the event of a delay or failure to perform its obligations, when the cause of the delay or the failure to perform is connected with a major force event or in the case of an extraneous cause not attributable to MAGIC STAY.

 

ARTICLE 18. MAJOR FORCE

The LESSOR may not be held liable if the non-performance or delay in the performance of any of his/its obligations described in these General Terms and Conditions is due to a major force event. Major force is understood to mean any extraneous cause, foreseeable or not, of an irresistible nature or the effects of which substantially change the economic balance of sale for the LESSOR. 

The events of strikes by any supplier or subcontractor of MAGIC STAY, fire, floods, epidemics, war, terrorist attacks, hurricanes, tornadoes, earthquakes, revolutions and theft of all or part of the equipment or the fixtures, fittings, facilities and furnishings of the ACCOMMODATION which is the subject of the BOOKING are taken to be cases ofmajor force, even if they are only partial and irrespective of the cause. 

Any computer bug of any kind, virus attack or hacking of the WEBSITE shall also be considered as a major force event.

The defaulting PARTY shall do its utmost to limit the effects of the major force event and to find any suitable solution in order to resume the performance of its obligations as soon as possible.

If the performance of one or more of either PARTY’s obligations is delayed due to the occurrence of a major force event, the performance of the obligations shall be suspended until said event has disappeared.

 

19. DAMAGE - INSURANCE

MAGIC STAY has set up insurance obligations which are the responsibility of the LESSOR (under these “Lessor’s” General Terms and Conditions) and the LESSEE (under the “Lessee’s” General Terms and Conditions) in order to provide appropriate protection for the ACCOMMODATION, the LESSOR and the LESSEE.

19.1. LESSOR’s insurance

The LESSOR is required to take out insurance policies for the ACCOMMODATION and its fixtures, fittings, facilities, furniture and movable objects covering:

-      every risk which might affect the ACCOMODATION, in particular, fire, explosions, electrical damage, storms, water damage, riots, attacks, terrorist attacks and sabotage

-      third-party liability as owner of the ACCOMMODATION or as LESSEE of the ACCOMMODATION being sub-let hereunder. 

The LESSOR must prove their existence, content (cover, amounts, conditions and exclusions), term and continuation while the ACCOMMODATION is offered on the WEBSITE and provide a current insurance certificate in this regard upon the first ADVERTISEMENT for the ACCOMMODATION. He/it shall also provide MAGIC STAY with the renewed certificate in due course so that MAGIC STAY always has a valid certificate.

19.2. Damage

In the event of damage, the LESSOR is informed that he/it may be contacted by MAGIC STAY or by the LESSEE, who is required, in accordance with the “Lessee’s” General Terms and Conditions to immediately inform the LESSOR and/or MAGIC STAY at notify@magicstay.comof any accident or damage which has occurred in the ACCOMMODATION, of any magnitude, even if there might not be any apparent damage, under penalty of being held personally liable for it and therefore required to compensate the LESSOR for any resulting loss for him/it through the delay or absence of claims to the insurers.

 

20. PERSONAL DATA

Each PARTY guarantees the other PARTY that it will comply with its legal and regulatory obligations according to its role regarding the protection of personal data.

20.1. Regarding the processing performed by MAGIC STAY

In connection with the SERVICES, MAGIC STAY collects and processes the LESSOR’s personal data, in particular when he/it registers and opens his/its MEMBER AREA. Such data is only processed for:

-       incorporating the LESSOR onto the WEBSITE

-       administering the WEBSITE

-       being able to provide the LESSOR with the SERVICES

-       processing their BOOKINGS

-       monitoring trading

-       sending newsletters and marketing communications

-       compiling trade statistics

All of the LESSOR’S data shall be processed in accordance with these purposes. 

The LESSOR’s personal data are retained throughout the entire term of the AGREEMENT and are intended for MAGIC STAY and all the service providers associated with running of the WEBSITE.  

As such, the LESSOR has a right of access, rectification and opposition to the processing of his/its personal data, in accordance with Articles 38 et seq of Law No.78-17 known as the French Data Protection Act of 6 January 1978 as amended. These rights may be exercised in accordance with the law by email to dpo@magicstay.com, or by post to MAGIC STAY’s registered office together with proof of identity and a legitimate reason as provided for by the law.

Further details in the Confidentiality Policy available at https://www.magicstay.com/page_110-confidentiality-policy.html and in the Cookie Management Charter.

20.2. Regarding the processing performed by the LESSOR

The LESSOR may be required to collect and process the personal data of the WEBSITE’s USERS, in particular via his/its MEMBER AREA. As such, he/it guarantees that he/it processes such data in compliance with the rights and obligations resulting from the French Data Protection Act and the European Regulation on personal data protection (GDPR). 

20.3. Concerning the LESSEE'S data

The LESSOR and MAGIC STAY shall be joint controllers for the processing the personal data of LESSEES making a BOOKING via the WEBSITE.  The sole purpose is the processing of BOOKINGS and RENTALS. For such processing, MAGIC STAY shall have the status of subcontractor, under Article 35 of the French Data Protection Act of 6 January 1978 and the GDPR provisions.

It is therefore expressly agreed by the PARTIES that MAGIC STAY, as joint controller, shall do everything in its power to ensure the security and the confidentiality of the personal data entrusted to it. MAGIC STAY undertakes to refrain from using the USERS’ data for any purpose other than:

-       processing their BOOKINGS

-       monitoring trading

-       sending newsletters and marketing communications

-       compiling trade statistics

-       incorporating the LESSEES onto the WEBSITE

-       administering the WEBSITE

-       providing the LESSEE with the SERVICES

MAGIC STAY shall in addition be regarded as the sole data controller for the personal data of USERS when it processes their personal data for the following purposes:

-       managing and administering the WEBSITE

-       compiling audience statistics for visitors to the WEBSITE (including both LESSORS and LESSEES)

-       providing SERVICES connected with the WEBSITE

 

21. CONFIDENTIALITY

Each PARTY undertakes to use CONFIDENTIAL INFORMATION, directly or indirectly, in whole or in part, solely for the strict performance of this AGREEMENT.

Any well-founded disclosure may incur the liability of its author, irrespective of the cause of the disclosure. 

The confidentially obligations stipulated by this clause do not apply to all or to any part of CONFIDENTIAL INFORMATION when: 

-       It was legally held by the recipient PARTY before its disclosure

-       It has been legally disclosed to the recipient PARTY by a third party without any restrictions on disclosure

-       It is subject to a legal disclosure obligation by any competent court, authority or administration. 

This confidentiality clause shall be upheld upon the expiry of the AGREEMENT until the CONFIDENTIAL INFORMATION enters the public domain otherwise than by an infringement by the recipient PARTY.

 

22. GENERAL PROVISIONS SEVERABILITY

If any of the stipulations in the AGREEMENT becomes null and void in respect of a legislative or regulatory provision in force and/or a Court decision that has the force of res judicata, it shall be deemed as unwritten and shall in no way affect the validity of the other clauses which shall remain fully enforceable. 

Each of the PARTIES is a legal person independent from the other, both from a legal and financial perspective. Therefore, each PARTY acts in its own name and under its sole responsibility. 

Neither PARTY may be considered as the representative of the other and cannot act nor make a commitment in the other PARTY’s name. 

This AGREEMENT does not include any subordinate relationship or wish to create a de facto corporation between the PARTIES.  

Nevertheless, each PARTY undertakes to always behave towards the other as a loyal partner and in good faith, and in particular to inform the other PARTY immediately of any disagreement or any difficulty it might encounter in the course of the performance of this AGREEMENT.

 

23. APPLICABLE LAW - COMPETENT JURISDICTION

This AGREEMENT, its performance and its interpretation are subject exclusively to French law.

The PARTIES shall endeavour to settle amicably any dispute between them concerning the interpretation, performance or termination of this AGREEMENT. 

IF NO AMICABLE AGREEMENT IS REACHED WITHIN ONE (1) MONTH FROM THE COURT REFERRAL BY ONE OF THE PARTIES, THE DISPUTE MAY BE SUBJECT TO THE COURTS OF THE PLACE WHERE THE ACCOMMODATION IS SITUATED WHICH HAVE BEEN GRANTED EXPRESS JURISDICTION, NOTWITHSTANDING MULTIPLE DEFENDENTS OR THE INTRODUCTION OF THIRD PARTIES, INCLUDING FOR URGENT OR PREVENTIVE MEASURES, BY APPLICATION FOR SUMMARY PROCEEDINGS OR BY PETITION.