General Terms and Conditions of Sales

www.magicstay.com

July 2016

PREAMBLE

MagicStay, a simplified joint stock company under French law with capitalization at 2,097,806 euros, inscribed upon the Commercial and Trade Register in Grasse under no795 128 248, located at 7 Avenue Michel Chevalier, ZI les Bois de Grasse, 06130 GRASSE, France, registered in the register of travel operators and stays under the following number (Atout France) : IM006170015 (hereinafter referred to as MagicStay), operates the digital platform accessible at the address www.magicstay.com.

The Site offers a broker service allowing professionals to rent furnished property in order to have lodging solutions for short-term stays during professional events (trade shows, symposiums, etc.). Broker service shall be understood as a digital service including: 

   -      A service publishing and referencing furnished properties rented seasonally by professional and non-professional users.

   -     An on-line reservation service allowing professional and private users to reserve a property as well as various ancillary services.

 

The General Terms and Conditions of Sales govern Reservations made on the site. These General Terms and Conditions of Sales have been agreed between the Lessee and MagicStay (hereinafter collectively referred to as the Parties).

IMPORTANT

Any reservation made via the Site necessarily implies the unconditional acceptance by the user of these General Terms and Conditions of Sales.

 

ARTICLE 1.   DEFINITIONS

  • Advertisement: shall be understood as the Content published by the Lessor on the Site describing the furnished property’s characteristics to be offered for rent through the Service.

  • General Terms and Conditions for Use: shall be understood as the contract binding the User to MagicStay and governing, among other things, using the Site’s functionalities as well as the behavioral standards to be observed when creating Content. The General Terms and Conditions for Use may be accessed at the URL address : https://www.magicstay.com/page_109-general-terms-for-use.html.
  • General Terms and Conditions of Sale: shall be understood as the contract binding the Lessee to MagicStay and governing, among other things, reserving the furnished property offered by the Lessor under the Service framework offered by MagicStay through the Site. The General Terms and conditions of Sale may be accessed at the URL Address : https://www.magicstay.com/page_108-terms-and-conditions-of-sales.html
  • BtoB General Terms and Conditions of Service: shall be understood as the present contract and its Appendices, binding Lessors qualified as a Professional to MagicStay. The BtoC General Terms and Conditions Service and may be accessed at the URL Address: https://www.magicstay.com/page_106-terms-of-service---professionals-b2b.html
  • BtoC General Terms and Conditions of Service: shall be understood as the contract binding Non-professional Lessors to MagicStay and governing, among other things, Non-professional Lessors’ offering furnished property to a Lessee for rent under the framework of the Service offered by MagicStay through the Site. The BtoC General Terms and Conditions Service and may be accessed at the URL Address : http://www.magicstay.com/page_107-terms-of-services---individual-b2c.html    
  • Content: shall be understood as all information and data communicated by the Users on the Contribution Areas, including all formats and in particular texts, photographs, images, videos, and all other multimedia formats. 
  • Contribution Areas: shall be understood as all digital communication, publication, consultation, exchange, and dialogue areas, organized under various headings which may change, accessible through the site.
  • Identifier: shall be understood as the e-mail address and password selected by Users when registering that provides for connecting to their Profile.
  • Information: shall be understood as the information and data communicated by MagicStay on the Site including all formats and in particular texts, photographs, images, videos, and all other multimedia formats.
  • Rental: shall be understood as renting and reserving a Lessor’s lodgings offered to a Lessee through the Service.
  • Rating: shall be understood as the ratings awarded on the site in order to help Lessees make a selection.
  • Heart Rating: shall be understood as the assessment by a User regarding the seriousness of another User or Rental quality using a rating system (with hearts) and a comment drafted in a free comment area.
  • Star Rating: shall be understood as the automated star attribution system using an algorithm that takes into account the lodgings’ equipment and service level as well as ratios.
  • Lessor: shall be understood as a User publishing an Advertisement in order to offer property for rent.
  • Professional Lessor: shall be understood as a User who, under the framework of professional activities as defined by applicable law and jurisprudence, publishes an Advertisement. Professional Lessors have accepted the BtoB General Terms and Conditions of Service.
  • Non-professional Lessor: shall be understood as a User who, as a consumer as defined by applicable law and jurisprudence, publishes an Advertisement. Non-professional Lessors have accepted the BtoC General Terms and Conditions of Service.
  • Lessee: shall be understood as a User, acting under the framework of professional activity as defined by law and jurisprudence, responding to an Advertisement in order to rent a property or enjoy an Ancillary Service. Lessees have accepted the General Terms and Conditions of Sale.
  • Ancillary Services: shall be understood as ancillary services that may be offered by Lessors (housecleaning, etc.) to Lessees in addition to the Rental.
  • Profile: shall be understood as the interface in which all data provided by the User is grouped. This data includes information regarding the User such as e-mail address, personal information, as well as Advertisements, contracts, and where appropriate Rental and Ancillary Service offerings, etc. It is hereby specified that a Profile may not be transferred to a third party.
  • Reservation: shall be understood as the Rental offered by a Lessor through the service and any Ancillary Services that may be offered by the Lessor
  •  Service: shall be understood as the broker service offered by MagicStay through the Site in order to allow Lessors to offer Rentals and, where applicable, Ancillary Services to Lessees.
  • Site: shall be understood as the Internet site accessible at the URL address www.magicstay.com published by MagicStay
  • Users: shall be understood as all persons browsing the Site.

 

ARTICLE 2.   SCOPE

The purpose of the present General Terms and Conditions of Sale is to set the terms and modalities by which Lessees shall use the Site for:

-        making Reservations

-        canceling said Reservations

 

 ARTICLE 3.   CONTRACTUAL DOCUMENTS

The relationship between MagicStay and the Professional Lessor assumes compliance with the:

-  present General Terms and Conditions of Sales and its Appendices;

- General Terms and Conditions for Use of the Site accessible at the address http://www.magicstay.com/page_109-general-terms-for-use.html

It being understood that said contractual documents are mutually intelligible. Nevertheless, should there be a contradiction or divergence between the terms of said contractual documents, they shall prevail in the order listed hereinabove.

 

ARTICLE 4.  CONTRACT TYPE

Through the site, MagicStay offers a broker service between Lessees and Lessors registered on the Site.

The GTCS shall not, under any circumstances, grant the Lessee the status of employee, agency, agent, or representative of MagicStay.

Moreover, the Parties hereby state that the present General Terms and Conditions of Sales shall not, under any circumstances, be deemed as constituting a legal person or entity of any kind, and that any form of “affectio societatis” is formally excluded from their relationship.

 

ARTICLE 5.  COLLABORATION

The parties shall cooperate in a spirit of close collaboration in order to facilitate the good faith execution of their respective contractual obligations.

Therefore, each Party shall inform the other Party of any event or information of which it becomes aware that may be susceptible of affecting, in any way whatsoever, the execution of its obligations and any difficulties that it might encounter regarding executing the  General Terms and Conditions of Sales.

As an example, the Lessee shall inform MagicStay of his decision to cancel a Reservation under the terms mentioned herein. 

 

ARTICLE 6.  LESSEE’S OBLIGATIONS

 6.1 RESPECT FOR THE LODGINGS

The Lessee shall return the lodgings, whose occupation is the subject of the Rental, in the state in which he found them upon his arrival.

The Lessee hereby acknowledges responsibility for:

         His actions;

         The actions of person he invites to the Rental site and/or who accompany him.

 

6.2 INSURANCE

The Lessee shall be responsible for any damage caused to the occupied building during the Rental. To this end, he may obtain all information and take out various insurance policies offered by MagicStay’s partners directly on the Site.

 

6.3 SUBTANTIATING DOCUMENT PRESENTATION

6.3.1 IDENTIFICATION DOCUMENTS

 The Lessee shall present the Lessor, upon first request, any document providing for substantiating his identity (copy of an ID card, passport...).

 Such obligation shall be valid throughout the Rental period.

 

6.3.2 SUBSTANTIATING INSURANCE DOCUMENTS

 The Lessee shall produce any substantiating documents regarding a compliant insurance policy to the Lessor upon first request therefrom.

 Further, Lessees may take out, through the Site, an insurance policy whose modalities are indicated in the General Terms and Conditions to be deemed Official Notification.

 

6.4 RESERVATION PRICE PAYMENT

The Lessee shall, upon acceptation of the Reservation by the Lessor, pay the price corresponding to the delayed debit authorization or the deposit calculated based on the Rental Price and, where appropriate, the Ancillary Services.

Should payment of the sums due not be made (lack of sufficient funds in the Lessee’s bank account and/or PayPal account), the Reservation request shall be automatically canceled; however, MagicStay’s Service Fees shall remain due.

 

ARTICLE 7.  MagicStay’s OBLIGATIONS

MagicStay, as a technical broker, shall ensure the security and confidentiality of payments made on the Site.

 

ARTICLE 8.  RESERVATION

8.1 RESERVATION PROCESS

The Lessee shall select the relevant Advertisement for his needs and enter the reservation dates and number of beneficiaries.

During the Reservation process, the total price to be paid shall be displayed, including the price of:

-      the Rental

-      and, where appropriate, the Ancillary Services.

The Lessee shall ensure that he has correctly taken into account the various components of the total price displayed before proceeding with payment.

Further, wherever necessary, MagicStay, shall not participate directly in the relationship between Users, in particular, with regard to managing the lodgings subject of the Rental.

All fees and expenses concerning the Rental must be indicated in the Advertisement.

Such sums correspond to the applicable price when signing the contract.

Lessees making a Reservation on the Site have two means of payment options:

-        by bank card: in this case MagicStay shall request an impression of the card which shall only be debited upon the Reservation’s acceptance by the Lessor

-        by wire transfer: in this case the Lessee shall make a pre-Reservation. Should the Lessor accept the pre-Reservation, the Lessee shall have 48 hours to make the transfer.

The Lessor shall have a 24 hour period to accept or refuse the reservation through its Profile.

The Lessee shall be notified of the Reservation request’s acceptance or refusal through the Site and by a text message and/or e-mail.

A validation e-mail shall be sent to the Lessee (at the e-mail address indicated in his Profile and/or by the Site’s Internet messaging) with a URL link providing for settling the full Reservation price.

Upon Reservation validation by the Lessor, the Lessee shall be debited for the deposit amount as defined in the cancelation and deposit rules set by the Lessor. Cancelation and deposit rules shall be clearly indicated in the Advertisement.

No other payment means or solicitation shall be permitted.

Should the Lessor not validate the reservation within 24 hours, the Reservation request shall be deemed canceled, and no payment shall be due.

Notwithstanding the foregoing, in the specific case of Advertisements bearing the wording “Immediate Reservation” the Lessor’s approval shall not be required:

-        when using a bank card the Lessee’s account shall be debited immediately

-        the Lessee shall have 48 hours to make the transfer

 

8.2 RESERVATION CANCELATION

8.2.1 Cancelation by the Lessee

 The Lessee reimbursement modalities for cancelations thereby are detailed in Appendix 1 and vary based on:

         the cancelation terms selected by the Lessor and stipulated in the Advertisement.

         The time the Reservation is canceled by the Lessee.

Upon expiration of the various periods provided for requesting reimbursement of the sums paid, the Lessee may no longer claim reimbursement.

Non-payment of the balance on-time shall result in automatic cancelation of the Reservation.

Service Fees shall be due in full on the Reservation date and shall never be subject to reimbursement.

The Lessee may signify his cancelation decision to MagicStay by sending an e-mail to cancellation@magicstay.com.

 

8.2.2 Cancelation by the Lessor

With regard to the Lessee whose Reservation has been canceled, MagicStay shall reimburse the sums paid in full. MagicStay shall also make all due effort to find other similar, available lodgings.

Under no circumstances shall MagicStay’s liability be sought by the Lessee for a reservation cancelation by the Lessor.

 

8.2.3 Cancelations and Insurance

Taking out the insurance policy offered on the Site when making the Reservation request allows the Lessee to claim reimbursement of the difference if the reasons for the cancelation are guaranteed by such insurance policy.

As such the Lessee shall provide all required documents and contact the insurer within the timeframes mentioned in the insurance policy.

Insurance costs shall not be reimbursed.

The Lessee may select the Magic Flex option when ordering/reserving. This fee-based option provides for enjoying extended cancelation terms and without condition. The details of this option are specified in Appendix 1.

 

8.3 Deposit

The deposit amount shall be set by the Lessor. It shall be included in the Advertisement such that the Lessee may be aware of it before making the Reservation. All deposit requests not mentioned in the Advertisement are strictly prohibited; in this manner, Lessees may refuse, among other things, any cash payments requested upon arrival.

 

ARTICLE 9.  PAYMENT TERMS

A summary of all Reservations specifying the date and price requested shall be offered in the relevant User’s Profile (on the “My Account/Account/My Payments” page).

The Lessee may use the following means of payment:

         Bank card, VisaTM, MasterCardTM, American Express

         Bank Transfer

This transaction is secured using 128-bit SSL encoding in order to reinforce all scrambling and encoding processes optimizing the protection of all personal data related to this means of payment.

The cost of payment by bank card or the bank fees related to the transfer shall be borne solely by the User.

The Lessee shall identify an Advertisement corresponding to a suitable Rental and request a Reservation including, where appropriate, Ancillary Services.

In order to make the Reservation, the Lessee shall pay the full price on the Site.

The modalities for determining the deposit amount and balances, as well as the payment amount therefor shall result from the settlement terms defined as “Very Strict,” “Strict,” “Moderate,” “Flexible,” and “Very Flexible:”

Depending on the financial terms (detailed in Appendix 1) selected by the Lessor, an initial payment may be requested, the balance being paid before the Rental. The Lessor may also pay the Rental and Ancillary Services that may have been chosen when making the Reservation in full.

  

ARTICLE 10.  INVOICING

MagicStay shall draw up the invoice regarding the Reservations that have been paid through the Site in the name and on behalf of the Professional Lessor with the latter’s references.

The amount mentioned on the invoice sent to the Lessee shall be that of the sums for which prior direct debit authorization has been obtained.

The Lessor and the Lessee shall receive the paperless invoice regarding the Reservations on their Profile.

Moreover, MagicStay shall send the Lessor its own invoice corresponding to the sum debited for Disbursement Fees as defined in the BtoB General Terms and Conditions of Service and the BtoC General Terms and Conditions of Service.

 

ARTICLE 11.  DURATION AND TERMINATION

11.1 DURATION

The BtoB General Terms and Conditions of Service shall be agreed for an indefinite period from their acceptance by the Professional Lessor

 

11.2 TERMINATION

Without prejudice to the other provisions in General Terms and Conditions of Sales, 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 General Terms and Conditions of Sales 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 12.   FORCE MAJEURE 

MagicStay reserves the option of suspending, delaying, or modifying Site functionalities should force majeure events or circumstances, or fortuitous events, or events or circumstances contractually assimilated with force majeure or fortuitous events occur even if they do not fulfill the legal definition such as: fire, work stoppage independent and beyond the control of the firm or any suppliers or subcontractors, flood, epidemic, war, requisition, strike, hurricane, tornado, earthquake, revolution, theft of all or part of the equipment, interruption or delay in transportation services, transportation hazards, lack of raw materials, equipment incidents, lack of fuel or any other source of energy, as well as the occurrence of any circumstance or event beyond the control of MagicStay occurring after the General Terms and Conditions of Sales are agreed and preventing execution under normal conditions.

It is hereby specified that, in such situation, Professional Lessors may not claim payment of any compensation and may not file suit against MagicStay.

Should one of the abovementioned events occur, MagicStay shall inform the Professional Lessor as soon as possible.

 

ARTICLE 13.   VALIDITY

Should any of the stipulations herein be deemed null and void with regard to an applicable legal or regulatory provision and/or a definitive legal decision, it shall be deemed unwritten but shall not affect the validity of the other clauses which shall remain fully applicable.

In such case, the Parties shall agree to a new provision to replace the one found null and void, it being understood that the new provision shall respect, in so far as possible, the spirit and economic impact on the Parties of the replaced provision 

 

ARTICLE 14.  MODIFICATION

The General Terms and Conditions of Sales apply to any Lessee having booked and / or paid reservation.

The General Terms and Conditions of Sales shall be precisely dated and may be modified and updated by MagicStay at any time, in particular in order to adapt to legislative and regulatory changes.

The applicable General Terms and Conditions of Sales shall be those applicable at time of booking on the site.

  

ARTICLE 15.   JURISDICTION AND APPLICABLE LAW

The present General Terms and Conditions of Sales as well as the relationship between the Professional Lessor and MagicStay shall be governed by French law failing application of another text the Lessor may decide to claim as a consumer.

Should a dispute arise between the Parties regarding the interpretation, performance, or termination hereof, the Parties shall make all due effort to settle the matter amicably.

In case of litigation, the French courts shall be solely competent failing application of another text the Lessor may decide to claim as a consumer.

The fact that one of the Parties has not demanded application of a given clause herein, whether permanently or temporarily, shall not, under any circumstances, be deemed as renunciation of said clause.

Given the nature of their dialogue and in particular their dematerialized relationship, the Parties hereby agree that all computer recordings in MagicStay’s information system shall, in cases of litigation, have probative value.

 

APPENDIX 1

With regard to the present Appendix, the terms written with an initial capital letter shall be understood as follows:

         Service Fees: shall be understood as the sums received by MagicStay from the Lessee. Such costs shall have been defined in the invoice sent by MagicStay to the Lessee.

         MAGIC FLEX OPTION: shall be understood as the guarantee granted to Lessees by MagicStay against payment of the price indicated during the reservation process on the Site. Magic Flex allows Lessees to enjoy more flexible cancelation terms without conditions, up to 2 days before arrival. MagicStay’s Service Fees and the Magic-Flex option remain due and may not be reimbursed.

         24 HOUR GUARANTEE: Shall be understood as the 24-hour period granted to Lessees from entry into the lodgings in order to report any claims regarding the lodgings’ compliance with the Advertisement. Rent disbursement to the Lessor may be entirely or partially blocked according to the cancelation terms provided at the Reservation. No new transaction shall take place until a solution is found between the Parties. 

In cases of cancelation by the Lessor : The Lessee shall be reimbursed in full for all sums paid, and MagicStay shall offer, in so far as possible, similar accommodations solutions.

In cases of cancelation by the Lessee, the applicable terms shall be those stipulated in the offering and whose operation is described below:

The Magic-Flex Option provides for pushing the Cancelation option back to D-48 hours for the Lessee. The cost and reimbursement modalities depend on the cancelation terms.

  

VERY STRICT 

         PAYMENT: 100% of the Reservation upon ordering.

         CANCELATION BY THE LESSEE: No reimbursement.

         24 HOUR GUARANTEE: NA

         MAGIC FLEX OPTION: NA 

 

STRICT

         PAYMENT:

                  100% of the Reservation upon ordering.

                  Or 50% Deposit upon ordering and balance at D-60 days before the effective Rental start

         CANCELATION BY THE LESSEE possible up to D-60 days before the effective Rental start

                  REIMBURSEMENT: 50% of the total rent

                  Service Fees and Options shall not be reimbursed.

                  Beyond this date, no reimbursement shall be made.

         24 HOUR GUARANTEE: shall apply to 50% of the rent.

         MAGIC-FLEX OPTION PRICE: 13% of the total Reservation price

 

MODERATE

         PAYMENT:

                  100% of the Reservation upon ordering

                  Or 50% Deposit upon ordering and balance at D-60 days before the effective Rental start

         CANCELATION BY THE LESSEE possible up to D-30 days before the effective Rental start

                  REIMBURSEMENT: 100% of the total rent

                  Service Fees and Options shall not be reimbursed.

                  Beyond this date, no reimbursement shall be made.

         24 HOUR GUARANTEE: shall apply to 100% of the rent.

         MAGIC-FLEX OPTION PRICE: 10% of the total Reservation price

 

FLEXIBLE

         PAYMENT:

                  100% of the Reservation upon ordering

                  Or 50% Deposit upon ordering and balance at D-60 days before the effective Rental start

         CANCELATION BY THE LESSEE possible up to D-15 days before the effective Rental start

                  REIMBURSEMENT: 100% of the rent already paid

                  Service Fees and Options shall not be reimbursed.

                  Beyond this date, no reimbursement shall be made.

         24 HOUR GUARANTEE: shall apply to 100% of the rent.

         MAGIC-FLEX OPTION PRICE: 9% of the total Reservation price

 

VERY FLEXIBLE

         PAYMENT:

                  100% of the Reservation upon ordering

                  Or 50% Deposit upon ordering and balance at D-60 days before the effective Rental start

         CANCELATION BY THE LESSEE possible up to D-5 days before the effective Rental start

                  REIMBURSEMENT: 100% of the rent already paid

                  Service Fees and Options shall not be reimbursed.

                  Beyond this date, no reimbursement shall be made.

         24 HOUR GUARANTEE: shall apply to 100% of the rent.

                  MAGIC-FLEX OPTION PRICE: 3% of the total Reservation price