General Terms and Conditions for short- and long-term rental
of accommodation and ancillary rental services - Lessee
26 June 2018
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.
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 “TRAVEL 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.
Travel 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.
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 (TRAVEL 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. CANCELLATION
9.1 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.
9.1.1 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 firstname.lastname@example.org 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.
9.1.2 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.
9.1.3 "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.
9.1.4 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
9.1.5 "TRAVEL INSURANCE" SERVICE
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 at the time of BOOKING.
In this respect, the LESSEE must provide all of the required documents and contact the insurer within the times mentioned on the insurance policy.
In the event of cancellation, the amount for the “TRAVEL INSURANCE” SERVICE remains due and cannot be refunded.
9.2 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.
9.2 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 10. THE LESSEE'S OBLIGATIONS
10.1 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.
10.2 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 11. 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 12. LIABILITY
12.1 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.
12.2 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 email@example.com 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 13. 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 14. DAMAGE - INSURANCE
MAGIC STAY has set up insurance obligations which are the responsibility of the LESSOR (under the “Lessor’s” General Terms and Conditions) and the LESSEE (under these General Terms and Conditions) in order to provide appropriate protection for the ACCOMMODATION, the LESSOR and the LESSEE.
14.1 The LESSEE's insurance
Throughout the RENTAL period, the LESSEE must have the ACCOMMODATION insured by an insurance company known to be solvent for an adequate sum against all the risks that could affect the ACCOMMODATION, in particular against fire, water damage, rental risks and claims by neighbours. He must prove this to MAGIC STAY, upon first request, by producing a certificate from the insurer.
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. The terms are set out in the General Terms and Conditions accessible at the time of BOOKING.
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 firstname.lastname@example.org 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 15. 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 email@example.com 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 16. 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 17. 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 18. 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.