General Terms and Conditions for short- and long-term rental
of accommodation and ancillary rental services - Lessee
Febuary 4, 2019
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 MAGIC STAY acts as an intermediary connecting the LESSORS with the LESSEES.
These General Terms and Conditions govern all BOOKINGS offered by MAGIC STAY, acting on behalf of the LESSOR, to the LESSEE (hereinafter referred to collectively as “the Parties”), via the WEBSITE.
In the event of a translation of these General Terms and Conditions into one or more languages, the language of interpretation shall be French in the event of a contradiction or dispute as to the meaning of a term or provision.
It is recalled that MAGIC STAY, in its capacity as agent, concludes the agreement binding it to the LESSEE in its name and on behalf of the LESSOR.
ARTICLE 1. DEFINITIONS
Under these General Terms and Conditions, the terms mentioned below shall have the following meaning:
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 MAGIC STAY on the WEBSITE on behalf of a LESSOR describing the features of the ACCOMMODATION.
Booking: refers to the booking of ACCOMMODATION on the WEBSITE.
Cancellation condition: refers to the cancellation conditions that apply to the BOOKING, detailed in the ADVERTISEMENT and accepted by the LESSEE at the time of BOOKING.
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
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.
Rent amount: refers to the amount owed by the LESSEE in return for the RENTAL, including sums owed in return for the use of the ACCOMMODATION, in accordance herewith, any SERVICE offered by MAGIC STAY and subscribed to by the LESSEE, and the SERVICE CHARGES, but excluding any optional guarantee or insurance taken out or the tourist tax.
Services: refers to all the SERVICES provided by MAGIC STAY under these Terms and Conditions. The SERVICES include:Ancillary Services: refers to the services whereby the LESSOR offers the LESSEE a certain number of services in addition to the ACCOMMODATION RENTAL (cleaning, sheets, towels, etc.).
- The provision of the WEBSITE’s various functionalities
- The "CANCELLATION INSURANCE” SERVICE
- The “MAGIC-FLEX” SERVICE
Magic-Flex Service: refers to the SERVICE offered by MAGIC STAY whereby MAGIC STAY provides LESSEES who would like it with a guarantee allowing them to cancel their BOOKING up to 48 hours before arrival at the ACCOMMODATION.
Cancellation Insurance Services: refers to the SERVICE offered by MAGIC STAY whereby MAGIC STAY provides LESSEES who would like it with insurance covering the cancellation costs for a BOOKING following the occurrence of an event other than a force majeure event. This SERVICE also covers the LESSEE’s third-party liability in the event of an accident or damage. The terms and conditions are accessible at the time of BOOKING.
- Security deposit refers to the amount to be deposited by the LESSEE to guarantee any claims of the LESSOR arising from the LESSOR.
Service charge: refers to the payment due from the LESSEE to MAGIC STAY in return for the RENTAL of the ACCOMMODATION on the WEBSITE.
Users: refers to any person who accesses and browses the WEBSITE.
Website: refers to the internet site accessible at www.magicstay.com including all the hosted web pages and SERVICES offered to the USERS
ARTICLE 2. PURPOSE
These “Lessee’s” Terms and Conditions govern the provision of the ACCOMMODATION to the LESSEE by MAGIC STAY, acting on behalf of the LESSOR, via the WEBSITE.
Any BOOKING made on the WEBSITE necessarily implies the unconditional acceptance of these General Terms and Conditions and the fact that the ACCOMMODATION is booked exclusively in the context of the LESSEE’s professional activity.
ARTICLE 3. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS
The LESSEE must read these General Terms and Conditions carefully and accept them before booking ACCOMMODATION on the WEBSITE.
These General Terms and Conditions are referenced at the bottom of each page of the WEBSITE via a link and should be consulted and accepted before making a BOOKING. The LESSEE should read the General Terms and Conditions carefully, download them, print them and keep a copy of them.
The LESSEE undertakes to read the “Lessee’s” General Terms and Conditions each time he makes a new BOOKING, the latest version of said “Lessee’s” General Terms and Conditions applying to any new BOOKING of ACCOMMODATION.
By clicking to confirm the BOOKING, the LESSEE acknowledges that he has read, understood and accepted the “Lessee’s” General Terms and Conditions unconditionally and without limitation.
ARTICLE 4. CONTRACTUAL DOCUMENTS
The relationship between the LESSEE and MAGIC STAY includes compliance:
- with these General Terms and Conditions for short-term rental of furnished accommodation and ancillary rental services as well as, where applicable, BOOKING specifications formally accepted by the LESSEE
- with the General Terms and Conditions of Use accessible at https://www.magicstay.com/page_109-general-terms-for-use.htm
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 5. INFORMATION REGARDING THE LESSEE
The LESSEE undertakes to make BOOKINGS for business purposes only.
The LESSEE shall be asked to provide information allowing him to be identified by filling in the form available on the WEBSITE. The symbol (*) indicates required fields which must be filled in so that MAGIC STAY can process the LESSEE’s BOOKING.
The information provided to MAGIC STAY by the LESSEE during BOOKING should be complete, accurate and up-to-date. MAGIC STAYreserves the right to ask the LESSEE to confirm his identity, his eligibility and the information provided by any appropriate means.
ARTICLE 6. ACCOMMODATION ADVERTISEMENT
6.1 FEATURES OF THE ADVERTISEMENTS
The ADVERTISEMENTS on the WEBSITE can be viewed FREE OF CHARGE.
MAGIC STAY endeavours to present the main features of the ACCOMMODATION as clearly as possible, as well as the mandatory information that the LESSEE must be given under the applicable law. The LESSEE undertakes to read them carefully before making a BOOKING.
MAGIC STAY displays ACCOMMODATION availability on the WEBSITE. It is specified that MAGIC STAY reserves the right to change the selection of ADVERTISEMENTS available on the WEBSITE.
6.2 ADVERTISEMENT CONTENT
The ADVERTISEMENTS published on the WEBSITE contain the following information:
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 and their price
- the RENT AMOUNT, and
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 corresponding to 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
- 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 when 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
ARTICLE 7. BOOKING THE ACCOMMODATION
7.1 BOOKING procedure
ACCOMMODATION is booked directly on the WEBSITE. The USER must follow the steps below to make a BOOKING. (Please note, however, that the steps may differ slightly depending on which page the USER is starting from.)
7.1.1 Selecting the ACCOMMODATION
After having chosen the ADVERTISEMENT he wants, the USER must enter the following information:
- The dates of the stay
- The number of people staying
By clicking on “Check availability”, the RENT is displayed.
The USER must then fill in his surname, first name, country of residence, address, post code, town or city, telephone number and email address, which may already be filled in.
By clicking on “Next”, the USER:
- accesses a summary of the services connected with the selected ADVERTISEMENT
- is notified of the restriction level of the CANCELLATION CONDITIONS
- is able to subscribe to one or more SERVICES offered by the LESSOR
By clicking on “Next”, the amount the USER owes is displayed.
The USER must check that his BOOKING details are correct (including the dates of stay, any selected SERVICES and the price) before confirming his details.
The USER indicates his method of payment on the WEBSITE from the methods on offer, namely:
- Payment by bank card (CB, MasterCard, Visa or American Express): MAGIC STAY immediately requests a debit authorisation for the LESSEE’s card. The card will only be debited once the LESSOR has accepted the BOOKING.
- Payment by bank transfer: MAGIC STAY sends a pre-BOOKING request. If the LESSOR accepts, the LESSEE has forty-eight (48) hours in which to make the transfer.
The USER must accept these “Lessee’s” General Terms and Conditions and the General Terms and Conditions of Use in order to be able to confirm his BOOKING by clicking on “Confirm booking”.
After confirming the General Terms and Conditions, the USER can proceed to the secure checkout to pay for his BOOKING by following the instructions on the WEBSITE.
The RENTAL and provision of ANCILLARY SERVICES shall only be finally confirmed:
- once the LESSOR has accepted the BOOKING according to the procedures laid down in Article 7.2
- once the LESSEE has actually paid the amount owed according to the conditions defined in Article 8. If the sums owed are not paid, the BOOKING will be automatically cancelled.
7.1.3 Confirmation of receipt
Once all of the above steps have been completed, a page appears on the WEBSITE informing the USER that his BOOKING has been received and is being processed. A copy of the confirmation of receipt of the BOOKING is automatically sent to the USER by email, provided that the email address on the registration form is correct.
This confirmation of receipt summarises the BOOKING details, particularly the following information: the dates of stay, the address of the ACCOMMODATION and the RENT AMOUNT.
7.2 Condition of acceptance of the BOOKING by the LESSOR
7.2.1 Booking subject to the LESSOR's consent
The LESSOR has twenty-four (24) hours from when MAGIC STAY receives the BOOKING to accept or refuse the BOOKING. Silence on the part of the LESSOR during this period constitutes refusal of the BOOKING.
- If the LESSOR does not accept the BOOKING within this period of time, the RENTAL is deemed cancelled.
- If the LESSOR does accept the BOOKING, the RENTAL is confirmed. Confirmation of receipt is sent by email to the LESSEE informing him of the availability of the ACCOMMODATION and summarising the BOOKING details.
7.2.2 Instant Booking
If an ADVERTISEMENT contains the words “Instant booking”, the BOOKING is immediately accepted by the LESSOR and the RENTAL is concluded.
MAGIC STAY sends the LESSEE confirmation of receipt summarising the BOOKING details.
If payment is by bank card, the RENT AMOUNT shall then be debited from the LESSEE’s bank card.
If payment is by bank transfer, the LESSEE shall have forty-eight (48) hours in which to transfer the RENT AMOUNT.
During the BOOKING procedure, the USER must enter the information necessary for invoicing. (The symbol (*) indicates required fields which must be filled in so that MAGIC STAY can process the USER’s BOOKING.)
Before clicking on the button to confirm the BOOKING, the USER must specify the chosen method of payment.
Neither the BOOKING summary drawn up online nor the confirmation of receipt of the BOOKING sent to the USER by email serves as an invoice. Regardless of the BOOKING and payment method used, the LESSEE shall receive the electronic invoice in his MEMBER AREA, after confirmation of the availability of the ACCOMMODATION from the LESSOR and the payment of the amount for the BOOKING.
7.4 Right of withdrawal
7.4.1 For LESSOR consumers
The consumer has, on principle, the right to withdraw herefrom within fourteen (14) days from the conclusion of the agreement.
However, in accordance with Article L.221-28 12° of the French Consumer Code, the right of withdrawal is excluded for provision of accommodation services, other than residential accommodation,goods transportation services, car hire services, catering services and leisure activity services which must be provided on a set date or during a set period.
Accordingly, the LESSOR consumer has no right of withdrawal under these “Lessee’s” General Terms and Conditions once a BOOKING has been confirmed.
7.4.2 For PARTIES acting in a professional capacity under a distance agreement
As the BOOKING of ACCOMMODATION is taking place between professionals, no right of withdrawal shall be granted once a BOOKING has been confirmed by a LESSOR.
Consequently, from the moment the LESSOR formally accepts a BOOKING and the LESSEE receives confirmation of receipt, the LESSEE may no longer cancel or modify his BOOKING.
ARTICLE 8. PAYMENT
8.1 Payment methods
As a technical intermediary, MAGIC STAY provides a secure payment system on the WEBSITE for USERS to pay for RENTALS by bank card or make bank transfers.
When the LESSEE fills in information about his method of payment, the USER shall be redirected to the relevant secure website in order to proceed with the payment. In this case, the USER declares that he has been informed of the fact that any payment on the WEBSITE is made via the PAYBOX payment service provider (VERIFONE payment platform).
In this respect, the USER guarantees MAGIC STAY that he has all the necessary authorisations for using the chosen method of payment.
By providing his credit card number, the LESSEE authorises MAGIC STAY to debit the total amount for the BOOKING under the conditions referred to in Article 7.
By opting for payment by bank transfer, the LESSEE undertakes to make said bank transfer within forty-eight (48) hours after the BOOKING has been confirmed by the LESSOR.
All the necessary steps shall then be taken to guarantee the security and confidentiality of the data transmitted online as part of online payment on the WEBSITE.
8.2 Payment terms
The amount owed by the LESSEE includes:
- The RENT AMOUNT
- Where applicable, any optional guarantees (CANCELLATION INSURANCE SERVICE, MAGIC-FLEX SERVICE)
- Where applicable, any ANCILLARY SERVICE subscribed to
- The tourist tax, unless the terms of the ADVERTISEMENT specify that it is collected directly by the LESSOR from the LESSEE when the keys to the ACCOMMODATION are handed over.
As of confirmation of the BOOKING by the LESSOR, the LESSEE undertakes to pay MAGIC STAY the full amount owed by the LESSEE at the time of BOOKING.
MAGIC STAY offers the option of paying in two instalments (advance payment of 50% of the ACCOMMODATION BOOKING, payment of the balance 60 days before the RENTAL) when the following conditions are met:
- The BOOKING is made at least 60 days before the RENTAL starts
- The RENT AMOUNT is over €500
- The CANCELLATION TERMS AND CONDITIONS are not defined as “Very Strict”.
The total amount connected with the BOOKING may be paid by the LESSEE by any payment method defined in Article 7.1.2 and in different currencies.
Should the LESSEE opt for a payment in a currency different to that indicated in the ADVERTISEMENT, the conversion rate applied shall be calculated on the basis of the exchange rate on the day of the BOOKING to which MAGIC STAY shall add a margin to cover exchange risks.
8.3 Payment on account
MAGIC STAY offers certain LESSEES the option of paying for their BOOKINGS on a monthly basis.
This option is available to travel agencies and companies with which MAGIC STAY has concluded a partnership agreement specifying the payment terms and the specific invoicing process.
An invoice is issued for each BOOKING. Each month, a summary of the BOOKINGS for the past month is issued. The LESSEE is required to pay the full amount indicated on the summary.
These General Terms and Conditions apply to any BOOKING made by this type of LESSEE.
8.4 Date of payment
In accordance with the provisions of Article 7 herein, in the case of a single payment by credit card, the LESSEE’s account shall be debited upon the LESSOR’s confirmation of availability.
8.4 Case of long-term rental
In the case of a long-term RENTAL, the LESSEE must pay an advance payment corresponding to 30 days’ RENTAL at the time of BOOKING. Payment for the following months must be made at the start of each month according to the schedule indicated on the BOOKING invoice.
8.5 Refusal to pay
If the bank refuses to debit a card or any other payment method, the LESSEE should contact MAGIC STAY’s Customer Service in order to pay for the order by any other valid method of payment.
Should the transfer of the flow of money owed by the LESSEE prove to be impossible for any reason, objection, refusal or other, the BOOKING shall be cancelled by MAGIC STAY and the RENTAL automatically terminated.
ARTICLE 9. SECURITY DEPOSIT
MAGICSTAY, through the SWIKLY secure system, manages and secures online the SECURITY DEPOSITS on behalf of the LESSOR.
The LESSEE undertakes to make the SECURITY DEPOSIT using his bank account 15 days before the date on which the RENTAL takes effect.
In the case of a RENTAL that takes effect less than 15 days after the RESERVATION, the LESSEE must make the SECURITY DEPOSIT immediately after the RESERVATION.
If the SECURITY DEPOSIT is not made, the LESSEE will receive a warning email 7 days and then 2 days before the start of the RENTAL. Beyond this deadline, MAGICSTAY reserves the right to cancel any Booking for which the SECURITY DEPOSIT is missing.
In the event of a claim, MAGICSTAY acts as arbitrator and has the right to collect the SECURITY DEPOSIT.
ARTICLE 10. CANCELLATION
10.1 By the LESSEE
In accordance with Article 7.4 of these General Terms and Conditions, the LESSEE has no right of withdrawal for ACCOMMODATION BOOKINGS made on the WEBSITE.
10.1.1 Cancellation of the BOOKING by the LESSEE under the 24-hour Conformity Guarantee
The 24-hour Conformity Guarantee allows the LESSEE to report to the LESSOR within 24 hours from when the keys to the ACCOMMODATION are handed over any significant non-conformity of the ACCOMMODATION compared to the ADVERTISEMENT and/or any significant disorder or damage to the ACCOMMODATION:
- which was not caused by his fault, carelessness or negligence and which does not appear in the check-in inventory where one exists
- which is shown by photos or evidence provided by the LESSEE.
The LESSEE may inform:
- The LESSOR by sending him/it an email at the address provided by the LESSOR
- MAGIC STAY by sending an email to email@example.com or by telephoning +33 (0)1 79 97 80 00.
The LESSEE shall be offered a solution for correcting the significant non-conformity and/or any significant disorder in or damage to the ACCOMMODATION, namely:
- Solution No.1: The ACCOMMODATION is brought into line with the wording of the ADVERTISEMENT and/or the disorder or damage is fixed within 24 hours after the LESSEE’s notification
- Solution No.2: ACCOMMODATION is provided which has at least the same features (sleeping capacity, quality and comfort, geographical area) within 24 hours after the LESSEE’s notification, with MAGIC STAY paying any difference in price.
- Solution No.3: The LESSEE receives a full refund of the sums paid.
The solution shall be chosen by MAGIC STAY on a discretionary basis.
10.1.2 Cancellation of the BOOKING by the LESSEE outside the scope of the 24-hour Conformity Guarantee
The refund terms vary depending on the CANCELLATION CONDITIONS which appear in the ADVERTISEMENT and the date the ACCOMMODATION BOOKING is cancelled by the LESSEE.
The tourist tax is automatically refunded when it has been collected on behalf of the LESSOR.
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
Refund for the LESSEE
Cancellation date (CD)
Refund of 50% of the RENT AMOUNT
R -60 days or more
R -59 days or less
Refund of 100% of the RENT AMOUNT
R -30 days or more
R -29 days or less
Refund of 100% of the RENT AMOUNT
R -15 days or more
R -14 days or less
Refund of 100% of the RENT AMOUNT
R -6 days or more
R -5 days or less
The rules for the refunding of the RENTAL AMOUNT are defined and accepted by the LESSEE at the time of BOOKING and indicated on the invoice.
10.1.3 "MAGIC-FLEX" SERVICE
The LESSEE can choose the “MAGIC-FLEX” SERVICE when booking ACCOMMODATION. There is a charge for this optional guarantee, which offers added unconditional cancellation flexibility up to two (2) days before the RENTAL takes place.
In the event of cancellation, the amount for the “MAGIC-FLEX” SERVICE remains due and cannot be refunded.
The cost of this SERVICE depends on the CANCELLATION CONDITIONS, the price indicated when BOOKING the ACCOMMODATION and the refund terms.
10.1.4 Cancellation of the BOOKING for a long-term rental
In the case of a long-term RENTAL, the refund terms stipulated in Article 9.1.2 do not apply; they vary according to the cancellation date and the RENTAL period.
The period between the cancellation date (“CD”) and the date on which the RENTAL was to take place (“R”) is counted in calendar days. The period between the cancellation date (“CD”) and the date on which the RENTAL was to end (“E”) is counted in calendar days.
Cancellation date (CD)
Refund for the Lessee
R +30 days or more
0 - 90 days
Full refund of advance payment
91 - 180 days
Refund of 50% of advance payment
Over 180 days
Refund of 25% of full advance payment
R -29 days or less
No refund of advance payment
30 days’ notice: the 30 days following the cancellation date are due
30 days’ notice: the remaining days between the cancellation date and the end of the agreement are due
10.1.5 "CANCELLATION INSURANCE" SERVICE
MAGIC STAY has ORIAS accreditation No. 17005730. As such, MAGIC STAY offers the LESSEE the opportunity of taking out an insurance policy through the WEBSITE.
This SERVICE offered on the WEBSITE when booking allows the LESSEE to claim a full or partial refund of the total amount of his BOOKING if the reasons for the cancellation are covered by the insurance policy taken out. The terms and conditions are accessible in the annex of the present document.
In this respect, the LESSEE must fill in the claim form accessible from its MEMBER AREA and provide all of the required documents within the times mentioned on the insurance policy.
In the event of cancellation, the amount for the “CANCELLATION INSURANCE” SERVICE remains due and cannot be refunded.
10.2 By the LESSOR
The LESSOR may cancel an ACCOMMODATION BOOKING within twenty-four (24) hours after the USER has booked said ACCOMMODATION on the WEBSITE.
Silence on the part of the LESSOR during this period constitutes refusal of the BOOKING.
Except in the case of force majeure, any cancellation of a BOOKING by the LESSOR shall result in the LESSOR paying penalties.
10.3 By MAGIC STAY
Should the transfer of the flow of money owed by the LESSEE prove to be impossible for any reason, objection, refusal or other, the BOOKING shall be cancelled by MAGIC STAY and the RENTAL automatically terminated.
ARTICLE 11. THE LESSEE'S OBLIGATIONS
11.1 Obligation to personally occupy the ACCOMMODATION
The RENTAL is concluded in consideration of the person of the LESSEE. The ACCOMMODATION may only be occupied by the LESSEE, or by any person the LESSEE decides to accommodate, without this resulting, however, in the over-occupancy of the ACCOMMODATION.
The LESSEE is prohibited from sub-letting the ACCOMMODATION or providing any third party with the ACCOMMODATION, on any basis whatsoever, throughout the entire RENTAL period.
If the LESSEE is a legal person which is renting the ACCOMMODATION for its staff, the occupancy of the ACCOMMODATION by its staff shall not be considered as a sub-letting or a prohibited provision. The occupiers associated with the lessee are required to comply with the obligations imposed by these “Lessee’s” General Terms and Conditions, the LESSEE remaining personally liable for any detected breaches and infringements.
The LESSEE undertakes to present to the LESSOR, upon first request, any document proving his identity (copy of identity card, passport, etc.). This obligation is valid for the entire RENTAL period.
11.2 Obligation of peaceful possession of the ACCOMMODATION
The LESSEE shall use the ACCOMMODATION in a peaceful manner for residential purposes and undertakes to refrain from modifying this destination.
The furniture and movable objects in the ACCOMMODATION must only be used for their intended purpose and in the places where they are located.
The LESSEE is prohibited from moving them outside the ACCOMMODATION and must ensure that they are used properly to avoid their premature deterioration.
The LESSEE undertakes to return the ACCOMMODATION, the occupancy of which is subject to the RENTAL, in the condition in which he found it upon arrival. An inventory of the ACCOMMODATION may be drawn up by both the LESSEE and the LESSOR or by his/its agent in two copies signed and initialled by each of them on the date the ACCOMMODATION keys are handed over and on the date the ACCOMMODATION is returned.
The LESSEE is required to use the ACCOMMODATION in a peaceful manner, preventing any noise or odours and avoiding any activity of such a nature as to create neighbourhood disturbances, whether of his own doing or that of the occupiers associated with him.
The LESSEE undertakes to comply with the health, safety and cleanliness rules of the building where the ACCOMMODATION is situated. The LESSEE is forbidden in particular from obstructing the common areas of the building where the ACCOMMODATION is situated.
ARTICLE 12. RENTAL PERIOD
The LESSEE may not remain in the ACCOMMODATION for any reason whatsoever beyond the dates of stay agreed under the RENTAL.
If the LESSEE remains in the ACCOMMODATION beyond this period without having duly concluded a new RENTAL, his staying in the ACCOMMODATION cannot be interpreted as a tacit renewal of the RENTAL.
Consequently, the LESSEE shall be automatically subject to penalties equal to twice the RENTAL AMOUNT per day he stays as of the first day after the expiry of the RENTAL, as well as any legal expenses incurred by MAGIC STAY for giving notice to the LESSEES to leave, until the ACCOMMODATION has been completely vacated and the keys handed back.
Each day started shall be payable.The above-mentioned penalties and expenses must be paid directly to MAGIC STAY no later than when the ACCOMMODATION is vacated.
ARTICLE 13. LIABILITY
13.1 The LESSEE's liability
The LESSEE acknowledges that he is liable for his actions and the actions of the people he allows to access the ACCOMMODATION.
The LESSEE shall be liable for any damage or loss which might occur during the RENTAL period, unless he proves that it happened due to a force majeure event, due to fault on the part of the LESSOR or due to an action by a third party who was not introduced into the ACCOMMODATION by the LESSEE.
13.2 MAGIC STAY's liability
It is stated that MAGIC STAY’s liability may under no circumstances be incurred in the event of the non-performance or improper performance of the contractual obligations attributable to the LESSEE, in particular when entering his BOOKING.
MAGIC STAY may not be held liable, or considered as having breached these Terms and Conditions, for any delay or non-performance when the cause of the delay or the non-performance is connected with a force majeure event as defined by the jurisprudence of French courts and tribunals.
MAGIC STAY shall be automatically liable towards the LESSEE for the proper performance of the obligations arising from the agreement, whether or not this agreement was concluded remotely and whether these obligations are to be performed by itself or by other service providers, without prejudice to its right of action against them and within the limits of compensation provided for by international conventions. However, MAGIC STAY may be exonerated from all or part of its liability by providing proof that the non-performance or improper performance of the agreement is attributable either to the LESSEE, to the unforeseeable and insurmountable act of a third party not involved in the provision of the services stipulated in the agreement, or to a force majeure event.
Under no circumstances may MAGIC STAY be held liable for any consequences which might occur during or following encounters or contact between the LESSEE and the LESSOR which take place outside the WEBSITE.
MAGIC STAY may not be held liable 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 advise against or ban travelling to and/or staying in this destination. MAGIC STAY encourages the LESSEE 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, foreign consulates or the French Ministry of Foreign Affairs.
In any event and regardless of the circumstances, MAGIC STAY’s liability towards any LESSEE shall be limited to the RENTAL AMOUNT received by MAGIC STAY.
In accordance with the General Terms and Conditions of Use available at https://www.magicstay.com/page_109-general-terms-for-use.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”).
In its capacity as hosting provider, MAGIC STAY undertakes to promptly remove any obviously illegal content as soon as it becomes aware of it. Notification of obviously illegal content may take place by sending an email to firstname.lastname@example.org by registered letter with acknowledgement of receipt in accordance with the procedure set out in Article 6 I 5) of the ATDE.
For example, MAGIC STAY shall not be held liable for the contents of an ADVERTISEMENT (description of ACCOMMODATION, etc.) except in the cases where MAGIC STAY:
- Has in fact the capacity of editor of said content
- Has not made said content inaccessible after it has been notified of its obviously illicit nature within the meaning of and according to the terms and conditions of the ATDE.
In the event of a dispute between a LESSEE and a LESSOR, MAGIC STAY may, however, act as a mediator.
ARTICLE 14. FORCE MAJEURE
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 force majeure event. Force majeure 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 of force majeure, 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 force majeure event.
The defaulting PARTY shall do its utmost to limit the effects of the force majeure 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 force majeure event, the performance of the obligations shall be suspended until said event has disappeared.
ARTICLE 15. DAMAGE - INSURANCE
MAGIC STAY has set up insurance obligations which are the responsibility of the LESSOR (under the “Lessor’s” General Terms and Conditions).
15.1 MAGICSTAY's insurance
MAGIC STAY has an insurance policy to cover, under certain conditions, accidental material damage caused to the dwelling, and its contents according to the inventory, rented through the MagicStay.com site by a LESSEE. The terms are set out in the “Lessor’s” General Terms and Conditions.
If any accident or damage has occurred in the ACCOMMODATION, of any magnitude, even if there might not be any apparent damage, the LESSEE must immediately notify MAGIC STAY of this at email@example.com under penalty of being held personally liable for it and in fact being required to compensate MAGIC STAY and the LESSOR for any loss resulting from the delay or absence of insurance claims to the insurers.
In the case where, following any such accident, whatever its source, the ACCOMMODATION is destroyed or rendered unusable in whole or in part, the BOOKING shall be cancelled or the RENTAL shall be terminated automatically with no compensation being payable by or to either Party.
ARTICLE 16. PERSONAL DATA
As regards the processing of personal data performed on the WEBSITE, MAGIC STAY refers the LESSEE to its Confidentiality Policy (https://www.magicstay.com/page_110-legal-notice---privacy-policy.html) and Cookie Management Charter (link).
The LESSOR collects and processes the LESSEES’ personal data through the WEBSITE. In this respect, he/it guarantees that he/it shall act in compliance with the rights and obligations arising from the French Data Protection Act.
MAGIC STAY keeps the LESSEE’s data confidential, in accordance with the declaration it has made to the French Data Protection Authority (CNIL) under Number 1947706, for the purposes of the agreement and its performance and in compliance with the law.
MAGIC STAY and the LESSOR are joint controllers for the processing of the personal data of LESSEES making a BOOKING on the WEBSITE. The purposes of such processing are the management of BOOKINGS, the RENTAL of ACCOMMODATION and the management of the customer database.
It is therefore expressly agreed by the PARTIES that MAGIC STAY and the LESSOR shall do everything in their power to ensure the security and the confidentiality of the personal data entrusted to them.
In accordance with Law No. 78-17 of 6 January 1978 known as the French Data Protection Act, the LESSEE has right of access, rectification, opposition (for legitimate reasons) and deletion of his personal data. He can exercise this right by sending an email to MAGICSTAY at firstname.lastname@example.org or by sending a letter to Magic Stay at 7 avenue Michel Chevalier – 06130 Grasse - France
It is stipulated that the LESSEE must prove his identity, either by scanning an identity document or by sending a photocopy of his identity document.
The full policy on the processing of personal data implemented by MAGICSTAY is set out in the WEBSITE’s Confidentiality Policy available here: https://www.magicstay.com/page_110-confidentiality-policy.html.
ARTICLE 17. VALIDITY OF THE GENERAL TERMS AND CONDITIONS - PROOF
Any change in the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Terms and Conditions cannot affect the validity hereof. Under no circumstances does such a change or decision authorise LESSEES to disregard these General Terms and Conditions.
The Parties expressly agree that all their exchanges and actions via the WEBSITE shall be evidentiary and may be used to support one of their claims before any authority, administration or court of law.
ARTICLE 18. MODIFICATION OF THE GENERAL TERMS AND CONDITIONS
These General Terms and Conditions are precisely dated and may be modified and updated at any time. However, it is specified that the General Terms and Conditions applicable are those in force at the time of the BOOKING. Therefore, the modifications made to the General Terms and Conditions shall not apply to ACCOMMODATION already booked.
ARTICLE 19. ATTRIBUTION OF JURISDICTION AND APPLICABLE LAW
These General Terms and Conditions are governed by French law. In the event of a dispute, French courts shall have sole jurisdiction.
The PARTIES shall endeavour to settle amicably any dispute between them concerning the interpretation, performance or termination of these General Terms and Conditions.
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.
APPENDIX: CANCELLATION INSURANCE GENERAL CONDITIONS
This Cancellation insurance coverage is provided by MUTUELLE DE L'EST "La Bresse" Assurances. Société d'Assurance Mutuelle à cotisations variables 8 avenue Louis Jourdan - BP 158- 01004 Bourg-en-Bresse cedex, Company governed by the Insurance Code, Founder of the Groupe des Assurances Mutuelles de l'Est (GAMEST), www.bresse-assurances.fr.
MagicStay acts as an agent for insurance intermediaries - registration ORIAS n°17005760.
1 – DEFINITIONS
Insured party:refers to the natural person benefiting of the rental service
Beneficiary : refers to the natural or legal person which paid for the rental and subscribed the cancellation insurance.
Non-recoverable expenses:refers to the rent amount non recoverable on the day of the damage and tourist tax if due, and remaining the responsibility of the beneficiary of the guarantee, excluding insurance premiums of any kind and administrative costs.
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.
2 – OBJECT
The insurer indemnifies the beneficiary against non-recoverable costs, invoiced in accordance to these Lessee General Terms and Conditions, when the Lessee is obliged to cancel his accommodation service, only in the following cases :
- Death of the lessee,
- Death of the person living with the lessee, a descendant or collateral ascendant of the first degree; provided that this person is under 80 years of age, and that this death occurs within 7 days preceding the lessee's departure date,
- Accident or illness (medically observed deterioration in health, requiring medical care and the cessation of all activity, provided that the lessee is on work stoppage on the day or should have started the rental) of the lessee;
- Accident or illness (medically recorded deterioration in health, requiring hospitalization) of the person living with the lessee, an ascendant, descendant or collateral of the first degree; provided that this person is under 80 years of age, and that this accident or illness occurs within 5 days preceding the lessee's departure,
- Contraindication of vaccination of the lessee,
- Destruction or deterioration of the lessee's professional or private premises as a result of fire, explosion, water damage or natural phenomena, within 5 days preceding the date of commencement of the rental, provided that the nature and extent of the damage justify its presence;
- Theft from the lessee's professional or private premises provided that the importance of this flight justifies his presence and that the theft occurs within 48 hours before departure;
- Refusal of a visa by the authorities of the country provided that no application has previously been refused to the lessee by these authorities for the same country;
- Theft of the identity card or passport within 48 hours of departure, provided that these documents are essential for the trip;
- Summoning before a court as a juror or witness,
- Inability to access the destination in which the rental is located due to the cancellation of all flights to the rental destination, if all flights to the arrival destination are cancelled for more than 12 hours on the insured's departure day.
3 – GENERAL EXCLUSIONS
Cancellation fees resulting from the following events are not covered:
- The intentional or fraudulent misconduct of the Insured
- A medical condition originating from a pre-existing disease and/or accident(s) diagnosed and/or treated, which has been hospitalized (continuous hospitalization, day hospitalization or ambulatory hospitalization) within 6 months prior to the payment of the rental, whether it is the manifestation or aggravation of the said condition;
- Suicide, attempted suicide, intoxication or use of narcotics or drugs not prescribed by a competent medical authority;
- Participation of the Insured in brawls, crimes, bets, insurrections, riots or popular movements, except if he acts in self-defence or assistance to a person in danger or if he is in the performance of his professional duty;
- Psychological or psychiatric disorders;
- Pathological pregnancy, childbirth, and related disorders;
- Psychological, mental or nervous illnesses not requiring hospitalization for more than seven days;
- Accidents resulting from participation, on a professional basis or under contract with remuneration, in any sport or competition as well as in preparatory training;
- Failure to present, for any reason whatsoever, one of the documents essential to the trip such as passport, visa, transport tickets, vaccination booklet
- Asthenic, anxious or depressive states, reactive or not, whatever their origin, that have not been hospitalized for at least 3 days between the reservation date and the departure date of the guaranteed trip;
- Consequences of the use of drugs or medicines, not medically prescribed
4 - EFFECT, TERMINATION AND DURATION OF THE GUARANTEE
The guarantee takes effect at the time the insurance is taken out on the Magicstay website, in addition to the rental reservation and within the time limits specified in paragraph 2 "Object of the contract", until the lessee receives his accommodation, in accordance with the date specified on the rental contract.
5 - SCOPE OF COVERAGE
Coverage is provided worldwide.
6 - PROVISIONS IN THE EVENT OF CLAIMS
6. 1. Obligations of the Insured
As soon as the Insured becomes aware of the Event giving rise to the cancellation of the rental, he must, immediately and at the latest within 15 days, declare the loss to the Insurer.
Failure to comply with the 15-day time limit for reporting a claim results in the loss of any right to coverage for the claim in question if the Insurer establishes that the delay caused him prejudice, this provision not applying if the delay is due to an unforeseen event or force majeure.
When the cancellation of the rental is due to an accident or illness under the conditions specified in paragraph 2 "Object of the contract" above, the compensation decision shall be subject to the opinion of the Insurer's medical officer, who reserves the right to carry out any medical examination he considers necessary and to request any medical documents he considers necessary.
6. 2. Supporting documents
The documents provided by the Insured or the Beneficiary may be originals or certified true documents.
The Insured must send for any request for reimbursement:
- In the event of the death of an insured person: death certificate,
- In case of accident or illness: Medical certificate and/or hospitalization, and work stoppage,
- In case of contraindication of vaccination: Medical certificate and/or hospitalization,
- Destruction or deterioration of professional or private premises: filing of complaints or police reports, declaration of the incident
- Theft from the lessee's professional or private premises: filing of a complaint or police report,
- Visa refusal by the country's authorities: Official paper from the embassy stating the reason for the refusal
- Theft of identity card or passport: filing a complaint or police report,
- Convocation before a court as a juror or assize witness: letter of convocation
- Inability to access the destination in which the rental is located due to the cancellation of all flights to the rental destination, if all flights to the arrival destination are cancelled for more than 12 hours on the insured's departure day: The insured must provide the documents requested by the insurer.
6. 3. Subrogation
The Insurer is subrogated to the extent of the indemnities paid by the latter in the rights and actions of the Insured, against any person liable for the loss (article L121-12 of the Code).
If the subrogation cannot, because of the Insured, be carried out in favour of the Insurer, the coverage ceases to be binding to the extent that the subrogation could have been carried out.
In addition, the Insured undertakes to reimburse any sum advanced by the Insurer or directly paid by a third party, including sums granted for costs and expenses and under Article 700 of the New Code of Civil Procedure and its equivalents in other jurisdictions.
In the event of a waiver of recourse against an insured person liable, the Insurer always retains the right to pursue recourse against its insurer.
6. 4. Disaster recovery
If by agreement, the Insurer has agreed to waive the exercise of a recourse against a potential liable person, he may, if the latter's liability is insured and despite such waiver, exercise his recourse within the limit of such insurance.
7 - FRANCHISE
For each claim, a deductible of 10% of the damage with a minimum of €50 remains the responsibility of the Insured and will be deducted from the indemnity.
GOOD TO KNOW
Your Mutual is an insurance company governed by French law whose activities are controlled by the Autorité de Contrôle Prudentiel et de Résolution (A.C.P.R.) - 61, rue Taitbout 75009 PARIS.
In the event of a complaint, please contact your usual contact person first. We are committed to handling your complaint as quickly and objectively as possible.
In the event of disagreement, or non-response, following your first request, you may send a complaint by reproducing the references of the file, by letter exclusively accompanied by a copy of the documents relating to your file, stating your precise expectations to the following department:
MUTUELLE DE L'EST- Service Réclamation Sociétaire - BP 158 - 8 avenue Louis Jourdan - 01004 BOURG-EN-BRESSE Cedex.
Each of your contacts has 10 working days to acknowledge receipt and 2 months to reply. It is also possible for you to contact the Insurance Ombudsman in the event of failure to settle your dispute, either by post (TSA 50 110- 75441 PARIS CEDEX 09) or by electronic means by completing the referral form on the website www.mediation-assurance.org.
Your Mutual has signed the "Mediation Charter" in order to improve the amicable handling of claims from insured persons and third parties.
Your Mutual is reinsured with a joint and several guarantee for its commitments to the Union du Groupe des Assurances Mutuelles de l'Est (GAMEST) - 6, bd de l'Europe - BP 3169 - 68063 MULHOUSE Cedex.
GAMEST replaces your reinsured Mutual for the provision of the guarantees provided for by the regulations governing insurance companies and the execution of its commitments (Articles R322-113 and R322-117-4 of the Insurance Code).
In accordance with the Data Protection Act No. 78-17 of 6 January 1978 and amended in 2004, you have the right to access and rectify any information concerning you that may appear in any file for the Company's use, which you may exercise by contacting : Mutuelle de l'Est- Bresse Assurances - BP 158 - 01004 Bourg-en-Bresse.