General Terms and Conditions for Use

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 users to reserve a property as well as various ancillary services.

The present General Terms and Conditions for Use (hereinafter referred to as the General Terms and Conditions for Use) shall govern all the various uses of the site www.magicstay.com published by Magic Bookings Travel Agency.

They have been agreed between the User and MagicStay (hereinafter collectively referred to as the Parties).

 

IMPORTANT

Any use, for whatever reason of the site necessarily implies acceptance hereof, without reserve, the by User.

 

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. 

  • 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 BtoB 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 https://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 Sales 

  • 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.

 

2. SCOPE 

2.1. Site Purpose

The Site’s purpose is to allow:

- Users to be informed of news regarding the professional trade show sector

- Lessors to offer Reservations to Lessees

- Lessees to become familiar with an Advertisement and/or make a Reservation to rent furnished property and, where appropriate, for an Ancillary Service. 

 

2.2. Purpose of the General Terms And Conditions For Use

The purpose of the present General Terms and Conditions for Use is to set the contractual provisions regarding the respective rights and obligations of MagicStay and Users.

 

3. MagicStay’s ROLE 

MagicStay, through the Site, offers certain services and functionalities to Users, in particular, by facilitating contacts between Users.

Thereby, the Site offers a technical broker service; MagicStay being simply mandated by Lessors to receive, in their name and on their behalf, payments made online on the Site before transferring them in their entirety.

Consequently, MagicStay, who is remunerated on the bases of service fees, is not involved in the various contracts that may arise between Users following their meeting through the Site.

 

4. GENERAL TERMS AND CONDITIONS OF USE ACCEPTANCE

Users shall carefully read and accept, without reserve, the present General Terms and Conditions for Use when accessing the Site. Users are also invited to download the General Terms and Conditions for Use, print them, and retain a copy. 

The present General Terms and Conditions for Use are referenced at the bottom of each Site page through a hypertext link and may therefore be consulted at any time.

Users shall confirm acceptance of the present General Terms and Conditions for Use upon creating a Profile.

  

5. REGISTRATION TERMS

5.1. Prerequisites

Only natural persons, adult and competent, or any legal person acting through a natural person with the legal competence to contract in the name and on behalf of the legal person, may register in order to become a User.

 

5.2. Registration Process

Site registration is free of charge.

Users are invited the create a Profile prior to publishing their Advertisements on the Site or when making a Reservation.

 

 5.3. Technical Specifications

Users acknowledge having the means and skills required to use the Site. The equipment required to access and use the Site are the User’s responsibility, as well as the telecommunications costs incurred by their use.

 

5.4. Identifier Management

A given User shall only create a single Profile.

Identifiers shall be personal. Identifier selection must be in compliance with applicable legislation, in particular with regard to identity theft (Article 434-23 of the French Penal Code) and trademark and copyright infringement (Article L.335-2 and following and L.713-1 and following of the French Intellectual Property Code).

Users shall be responsible for the confidentiality of their Identifiers. As such, they shall modify their Identifiers periodically. 

Any connection to the Profile using the Identifiers shall be assumed to have been by the User himself.

Users shall be solely responsible for the use of their Identifiers by third parties or statements made through their Profile whether fraudulent or not and shall hold MagicStay harmless against any claims on these grounds.

Indeed, MagicStay shall not have an obligation to verify the identity of each User.

Consequently, should a User’s identity be stolen, MagicStay shall not be held liable. In any case, if a User suspects fraudulent use of his profile, he shall immediately inform MagicStay.

MagicStay shall maintain the confidentiality and security of the Identifiers.

 

6. OBLIGATIONS

6.1. USER OBLIGATIONS 

6.1.1. COMPLIANCE WITH LAWS

Each User shall not infringe upon the public order and shall comply with applicable laws and regulations and respect the rights of third parties and the provisions hereof.

Users shall comply with applicable laws and texts regarding the Reservations they offer on the Site such that the terms for carrying out the Reservations proposed are licit with regard to applicable legislation and/or regulations.

MagicStay invites Users to consult specialized information sites and the embassies and/or consulates of the foreign countries where the Service shall be performed in order to become familiar with the mandatory formalities to be accomplished in order to travel to the relevant countries.

Each User shall be obliged to:

- Act in good faith and with due diligence with regard to MagicStay and third parties;

- Be honest and sincere in the information provided to MagicStay and, where appropriate third parties;

- Use the Site in accordance with the purpose described herein;

- Not divert the Site’s purpose in order to commit crimes, misdemeanors, or offences covered by the French Penal Code or any other law;

- Respect the privacy of third parties and the confidentiality of all dialogue with Users, and in particular not use the Users’ contact information;

- Not attempt to deviate Users towards another site or service;

- Not seek to damage, as defined in Article 323-1 and following of the French Penal Code, the automatic data processing systems used by the Site;

- Not interfere with the Content published by Users;

- Not transmit personal contact information and e-mail addresses in the messaging system;

- Not insert hypertext links to a commercial Internet site;

- Not use the Site for massive unsolicited mailings (advertising or other);

- Not disseminate data effectively decreasing, disorganizing, slowing, or interrupting the normal circulation of information between Users; 

- Not publish Content: contrary to applicable laws and regulations or good morals, and in particular defamatory or injurious texts; that is harmful, threatening, defamatory, obscene, indecent, pornographic, or infringing upon third party rights; containing viruses, macro-viruses, Trojan horses, worms, etc.; stolen or obtained fraudulently.

Users shall ensure that the computer configuration used to access the Site does not contain any virus and will not damage the Site.

 

6.1.2. RATINGS

MagicStay allows Users to rate and/or comment on certain Content and/or Services.

User ratings and assessments published on the Site constitute Content and, as such, are not subject to any verification or checking of any kind by MagicStay acting as host.

MagicStay reserves the right to send warnings to Lessors following repeated complaints by dissatisfied Lessees.

Exceptionally, MagicStay reserves the right to rate the Content and Services based on objective criteria (number of photographs, richness of the descriptive datasheet, repeated cancelations, etc.).

In any case, it is hereby specified that each Rating must be in regard to an effective relationship between Users and a Service actually performed. Ratings must be objectively, courteously, and clearly written.

As such, abbreviations, insults, and injurious or defamatory remarks are prohibited.

Users shall be responsible for checking the Content upon publication and for informing MagicStay in case of error. To do so, send an e-mail to support@magicstay.com specifying “Rating Error” in the subject line.

MagicStay reserves the right to delete any content that is illicit and/or in violation hereof, once it has become aware of such content.

To this end, any Users aware of illicit Content, in particular an illicit Rating may signify its existence to MagicStay by e-mail at support@magicstay.com or by registered letter return receipt requested specifying “Illicit Content Notification” in the subject line and complying with the formalism provided for herein.

 

6.1.3. ACCURACY OBLIGATION

Users will be required to provide personal information in order to register on the Site, create a Profile, and identify themselves and facilitate access to and management of their Profile.

Users shall:

- provide true, accurate, up-to-date, and complete information about themselves, the company they represent de jure or de facto;

- provide true, exact, up-to-date, and complete information in their Content;

- maintain and periodically update information about themselves and all Content in order to keep them truthful, accurate, up-to-date, and complete;

- compensate MagicStay for any legal fees of any kind, including, among others, lawyer fees, mediator fees, legal costs and fees, payment of any fines or convictions outlaid by MagicStay should its civil or penal liability be called into question due to false or erroneous information the User has provided to MagicStay.

 

6.2. MagicStay’S OBLIGATIONS

MagicStay’s general obligation is a best effort obligation.

MagicStay shall not have any obligation to achieve results or extended best effort obligation.

MagicStay shall implement all means required to ensure Site access and use continuity, 7 days a week and 24 hours a day.

With regard to the Content and dialogue between users, MagicStay is a host as defined in Article 6 I 2) of French law dated June 21st, 2004.

As such, MagicStay shall promptly remove any manifestly illicit content upon becoming aware of such content.

Manifestly illicit content may be reported:

- by e-mail to contact@magicstay.com

- by registered letter, return receipt requested.

In order to be valid, the notification must include all the elements required by Article 6 I 5) of the French law dated June 21st, 2004:

- Notification date

- If the person reporting is a natural person: their last name, first name, profession, domicile, nationality, and date and place of birth; if the grievant is a legal person: its form, company name, registered office, and its legal representative body

- The addressee’s name and domicile or, for a legal person, its corporate name and registered office

- The description of the contentious items and their specific location

- The reasons for which the content should be removed, including mention of the legal provisions and substantiation of the facts

- A copy of the correspondence sent to the author or publisher of the illicit information or activities requesting their cessation, withdrawal, or modification or substantiation that the author or publisher could not be contacted.

  

7. SANCTIONS

In case of violation hereof, MagicStay reserves the right to enact the following measures against the relevant User:

- Limiting use of all or part of the Site, temporarily or definitely

- Suspending the Profile

- Deleting the Profile.

Users subject to sanctions, and in particular limited use of the Site or suspension, shall not open a new Profile on the Site.

  

8. CONTRIBUTION AREAS

Users may publish Content and exchange information in the Contribution Areas in strict compliance herewith.

When using the Contribution Areas, Users shall comply with laws and regulations in particular the rights of others and in particular:

- Personality rights (such as image rights and privacy rights);

- People’s dignity, honor and reputation;

- Trademarks;

- Copyright (in particular regarding sounds, images – animated or not –, photographs, texts) and related rights (performing artists, producers of phonograms and videograms, and database producers), patents, and know-how;

- Generally speaking, personal and property rights, the rules of politeness and Netiquette.

It is hereby specified in particular that no data of a personal nature, no image representing a person, and no trademarks shall be disseminated in the Contribution Areas, without the express permission of the relevant persons and/or assigns.

The Content must have a direct and pertinent relationship with the scope hereof.As such, Users expressly hold MagicStay harmless against any claims against them regarding publishing the Content.

MagicStay reserves the right to act against Users who contravene the abovementioned rules, in addition to any sanctions that may be applied pursuant to Article 7.

 

9. INTELLECTUAL PROPERTY

9.1. INTELLECTUAL PROPERTY RIGHTS HOLDER

Except for the Content, the trademarks, logos, slogans, graphics, photographs, animations, videos, and texts contained on the Site are MagicStay’s exclusive intellectual property and may not be reproduced, used, or represented without the latter’s express permission, on pain of prosecution.

Any representation or reproduction, in whole or in part, of the Site and its content, by any means whatsoever, without MagicStay’s (or where appropriate the Users’) prior written consent is prohibited and shall constitute counterfeit sanctioned by Articles L.335-2 and following and Articles L.713-1of the French Intellectual Property Code.

In particular, MagicStay expressly prohibits:

- Extracting by permanent or temporary transfer, all or a qualitatively or quantitatively substantial portion of the database content on any medium, by any means, or in any form whatsoever;

- Reusing, by making available to the public, all or a qualitatively or quantitatively substantial portion of the database content, regardless of form.

Acceptance hereof shall constitute acknowledgement by Users of MagicStay’s intellectual property rights and a commitment to respect them.

 

9.2. SITE LICENSE

MagicStay hereby grants a personal, non-exclusive, and non-transferrable license to Users authorizing them to use the Site and the data it contains in accordance herewith.

Any other use of the Site or its contents is hereby excluded from the domain of the present license and may not be done without MagicStay’s express prior written authorization.

 

9.3. CONTENT USE LICENSE

The User hereby transfers to MagicStay the right to use the Content without valuable consideration and non-exclusively.

MagicStay shall not acquire any ownership right to the data, information, and Content provided by Users.

By publishing the data or Content on the Site, the User accepts that it shall be disseminated on:

-        the Internet site operated by MagicStay or any entity in which MagicStay holds or may come to hold, directly or indirectly, a participation,

-        any Internet site operated by external companies with which MagicStay has signed a re-distribution agreement in order to increase Reservations.

Such license is granted for the entire world and for the duration of the contract binding the User to MagicStay.

The names of the using companies may be communicated as a customer reference on the Site.

 

10. RESPONSIBILITY

 In any case, MagicStay may not be held liable:

  • In cases of temporarily inability to access the Site for technical maintenance operations or updating the published information;
  • In cases of virus attacks;
  • In cases of abnormal or illicit use of the Site;
  • regarding the content of third party Internet sites whose hypertext links appear on the Site;
  • in cases of non-compliance herewith due to Users (in particular, incomplete or erroneous information);
  • in cases of delay or non-performance of its obligations where the cause of such delay or non-performance is related to a case of force majeure as defined by French jurisprudence;
  • in cases of a foreign cause, not due to MagicStay;
  • for all indirect and intangible damages such as loss of opportunity, lost profit, lost contract, or loss of image.

Moreover, MagicStay shall not be held liable for any consequences that may result during or following encounters or contacts between Lessees and Professional Lessors when using the services offered by the Site.

Users shall be solely responsible for damage caused to third parties and the consequences of complaints or actions that may result therefrom.

MagicStay formally prohibits any User from using “framing,” “inline linking,” and “deep linking” techniques involving unauthorized reproduction of the Site and its inclusion on web pages published by third parties. 

 

11. FORCE MAJEURE

The Parties shall not be deemed to have violated their obligations if they are prevented for performing all or part of the latter following a case of force majeure as defined by French jurisprudence, including among other things computer pirate attacks, unavailable equipment, supplies, spare parts, personal equipment, or others; and the interruption, suspension, reduction, or disruptions of electrical service or others or any interruptions in electronic communications networks.

The defaulting Party shall make all due effort to limit the effects of the force majeure event, and find any appropriate solution in order to continue performance of its obligations without undue delay.

Should performance of one or more obligations of one or the other Party be delayed due to the occurrence of a force majeure event, the obligations’ performance shall be suspended until said event disappears.

 

12. PERSONAL DATA PROTECTION

 With regard to operating the site, MagicStay may collect personal data.

 Such data is required for managing Profiles and reserving Services and shall be handled in accordance with the intended purposes when collected.

 In accordance with the French Personal Data Protection law no. 78-17 dated January 6th, 1978 as modified, Users shall have a right to access and correct their personal data.

To do so, Users should contact customer service at the following e-mail address contact@magicstay.com or by mail at MagicStay’s registered office.

 

13. DISSEMINATION ON SOCIAL PLATFORMS

MagicStay has developed tools allowing Users to share Content on social networks and blogs published by third parties.

Content dissemination on said social platforms and the related consequences are foreign to MagicStay.

  

14. 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

 

15. CHANGES TO THE GENERAL TERMS AND CONDITIONS OF USE

The present General Terms and Conditions of Use shall apply to any User navigating on the Site.

The General Terms and Conditions of Use 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 Use shall be those applicable when the Professional Lessors connects to its Profile.

 

16. JURISDICTION AND APPLICABLE LAW

 The present General Terms and Conditions of Use 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.