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Allgemeine Nutzungsbedingungen

General Terms and Conditions of Use

www.magicstay.com

 June 2018

FOREWORD

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

The WEBSITE connects ACCOMMODATION 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 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. 

1. DEFINITIONS

  • Accommodation: Refers to any furnished property for residential use, the RENTAL ADVERTISEMENT for which has been posted by a USER on the WEBSITE.

  • Advertisement: Refers to the ACCOMMODATION RENTAL offer published by a USER on the WEBSITE describing the features of the ACCOMMODATION. 

  •  Ancillary Services: Refers to the services offered by a USER in addition to the provision of the ACCOMMODATION (cleaning, bed linen, WiFi, late arrival, etc.).

  • Booking :Refers to the ACCOMMODATION BOOKING made by a USER via the WEBSITE.
     
  • Content: Refers to all of the information and data provided by USERS on the CONTRIBUTION AREAS, including all formats and in particular the texts, photographs, images, videos and any other multimedia formats.

  • Contribution Areas: Refers to all the digital areas for communicating, publishing, consulting, exchanging and sharing content organised under various sections subject to change, accessible via the WEBSITE

  • General Terms and Conditions of Use: Refers to the agreement between the USER and MAGIC STAY governing the USE of the WEBSITE’s functionalities as well as the obligations that must be respected when creating CONTENT.  

  • 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.

  • Lessor's General Terms and Conditions: Refers to the agreement between the LESSOR and MAGIC STAY for the RENTAL, as defined in the document entitled “LESSOR’S GENERAL TERMS AND CONDITIONS” accessible on the WEBSITE and via the following link: https://www.magicstay.com/page_106-general-terms-and-conditions---lessor.html

  • Lessee's General Terms and Conditions: Refers to the agreement between the LESSEE and MAGIC STAY for the RENTAL, as defined in the document entitled “LESSEE’S GENERAL TERMS AND CONDITIONS” accessible on the WEBSITE and via the following link: https://www.magicstay.com/page_108-general-terms-and-conditions---lessee.html

  • Party/Parties: Refers to the USER and MAGICSTAY individually and together.

  • Profile: Refers to the interface which contains all the data provided by the USER.

  • Ratings: Refers to the HEART RATINGS and/or the STAR RATINGS assigned on the WEBSITE to help USERS choose their ACCOMMODATION.

  • Heart Rating: Refers to the evaluation by a USER of another USER, following the RENTAL of ACCOMMODATION or the provision of an ANCILLARY SERVICE, concerning his reliability or the quality of ACCOMMODATION or ANCILLARY SERVICES.

  • Star Rating: Refers to the automated system assigning 1 to 5 STARS to the ACCOMMODATION using an algorithm and as described below. Such rating is not official, but is designed to help USERS when they are choosing ACCOMMODATION.

  • Rental: Refers to the short- or long-term RENTAL of the ACCOMMODATION by the LESSEE. A long-term RENTAL is a RENTAL of 28 nights and over.

  • Use: Refers to all the operations carried out by the USER upon accessing the WEBSITE, including merely consulting it, regardless of which device is used for access (in particular computers, tablets and Smartphones), the type of connection (private connection, third-party connection or public WiFi) and the place of connection (from France or abroad).

  • Users: Refers to any person who accesses and browses the WEBSITE.

  • Username: Refers to the email address chosen by the USER when registering on the WEBSITE and which, when entered together with the password, allows access to the WEBSITE’s functionalities. 

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

 

2. PURPOSE - LINK WITH THE LESSOR'S GENERAL TERMS AND CONDITiONS AND THE LESSEE'S GENERAL TERMS AND CONDITIONS

These GENERALTERMS AND CONDITIONS OF USE govern the access and USE of the WEBSITE by USERS.

The purpose of the WEBSITE is to offer USERS the opportunity to (i) post an ADVERTISEMENT for the RENTAL of ACCOMMODATION (the USER concerned then becomes a potential LESSOR whose relationship with MAGIC STAY shall be governed by the LESSOR’S GENERAL TERMS AND CONDITIONS with regard to the RENTAL and the ANCILLARY SERVICES), (ii) see an ADVERTISEMENT, (iii) book ACCOMMODATION and, where applicable, an ANCILLARY SERVICE (the USER concerned then becomes a LESSEE whose relationship with MAGIC STAY shall be governed by the LESSEE’S GENERAL TERMS AND CONDITIONS with regard to the RENTAL ) and assign ratings to them.

Any USE of the WEBSITE made for any reason by the USER necessarily implies his prior unconditional acceptance of these GENERAL TERMS AND CONDITIONS OF USE of the WEBSITE, which can be downloaded free of charge on the WEBSITE and are referenced at the bottom of each WEBSITE page by means of a hypertext link and can therefore be consulted at any time.

 

3. TERMS AND CONDITIONS OF USE OF THE WEBSITE

The USER acknowledges that he has the means and skills required to use the WEBSITE. The equipment required to access and use the WEBSITE must be paid for by the USER, as must the telecommunication costs incurred by its USE. 

Each USER has an obligation to: 

-      Behave fairly and in a prudent and responsible fashion towards MAGIC STAY and third parties

-      Provide MAGIC STAY and, where applicable, third parties, with honest and truthful information

-      Use the WEBSITE in accordance with the purpose described in these GENERAL TERMS AND CONDITIONS OF USE

-      Refrain from attempting to interfere, under Articles 323-1 et seq of the French Penal Code, with the automated data processing systems implemented on the WEBSITE

-      Refrain from forwarding his personal contact details and his email address in the messaging system.

The USER undertakes to check that the computer set-up used to access the WEBSITE does not contain any viruses and that it will not cause any harm to the WEBSITE 

Each USER undertakes to use the WEBSITE for its intended purpose and not to deflect the purpose of the WEBSITE in order to commit crimes, offences or infringements punishable under the French Penal Code or any other law; not to attempt to redirect USERS to another WEBSITE or service and not to insert hypertext links towards a commercial website or not to use the WEBSITE for sending out a mass mailing of unsolicited messages (advertisements or other); not to disseminate data which has the effect of reducing, disrupting, slowing down or interrupting the normal flow of information between USERS. 

Each USER undertakes to respect the privacy of the other USERS and the confidentiality of the USERS’ data and exchanges with the USERS; not to interfere with the automated data processing system implemented on the WEBSITE; and not to interfere with the content posted online on the WEBSITE by the USERS.

 

4. REGISTERING ON THE WEBSITE - CREATING AN ACCOUNT

Only natural persons who are of age and capable, or any legal person acting through a natural person with the legal capacity for entering into contracts in the name of and on behalf of the legal person, may register on the WEBSITE to become a USER of it and a fortiori LESSOR or LESSEE. 

In order to access certain functionalities of the WEBSITE, in particular for creating and publishing an ADVERTISEMENT, the USER is prompted to register on the WEBSITE by creating a PROFILE of himself. Registration on the WEBSITE is free.

The USER needs to provide personal information which will allow him to create his PROFILE, and then identify himself each time he logs onto the WEBSITE and when he manages his PROFILE. 

The USER must choose a username and a password which are personal to each USER. The password must be at least 8 characters in length and contain at least one upper case letter, one lower case letter and one special character.

The USER undertakes to provide true, accurate, up-to-date and comprehensive information about himself, as a natural person, and, where applicable, about the legal person he represents in fact and in law. The USER undertakes to maintain and update this information. The USER is indeed prohibited from engaging in identity theft or trademark and copyright infringement, failing which he shall assume full responsibility for it. 

The USER undertakes to compensate MAGIC STAY for legal expenses of all kinds, including, among others, consultancy and mediator fees, legal fees and notarial charges, and payments of fines or convictions possibly incurred by MAGIC STAY in the event that its third party or criminal liability is invoked due to false or incorrect information provided to MAGIC STAY by the USER.

MAGIC STAY reserves the right to suspend or terminate the USER’s PROFILE and his access to the WEBSITE if information provided during the registration procedure or thereafter proves to be inaccurate, fraudulent, out-of-date or incomplete, or in breach in any other way of these GENERAL TERMS AND CONDITIONS OF USE or current regulations.

MAGIC STAY undertakes to preserve the confidentiality and security of personal information mentioned on the WEBSITE by the USER. The USER is also required to keep his username and password confidential. As such, he undertakes to change his usernames and password every 3 months and not to disclose them to third parties. Any login to the PROFILE using the username shall be deemed to have been carried out by the USER himself. The USER is solely responsible for the USE of his username by third parties or for actions or statements made through his PROFILE, fraudulent or not, and indemnifies MAGIC STAY against any legal proceedings regarding this matter. Consequently, MAGIC STAY shall not be held liable in the event of the identity theft of a USER.  In any event, if a USER suspects fraudulent USE of his PROFILE, he must notify MAGIC STAY of this immediately.It is recalled, in fact, that MAGIC STAY is under no obligation to check the identity of each USER.

  

5. SUBMITTING CONTENT ON THE WEBSITE

In order to make it easier for USERS to read the ADVERTISEMENTS, MAGIC STAY has created a RATING system.

The USERS’ RATINGS and evaluations published on the WEBSITE are CONTENT, and as such, are not checked or monitored in any way by MAGIC STAY in its capacity as hosting provider.

It is specified that in particular, no personal data, no image representing a person and no trademark should be disseminated on the CONTRIBUTION AREAS, without express authorisation from the people and/or right holders concerned.

For this reason, MAGIC STAY undertakes to promptly remove any RATING or CONTENT which is obviously illegal as soon as it becomes aware of it. 

It is the USER’s responsibility to check the content once it is online and to inform MAGIC STAY in the event of an error.  To do so, he shall send an email to notify@magicstay.com specifying in the subject line “Rating error”. Furthermore, any USER who is aware of a HEART RATING which is illegal and/or contrary hereto may notify MAGIC STAY of its existence via notify@magicstay.com or by registered letter with acknowledgement of receipt specifying in the subject line “Notification of illegal content” in which he shall specify, if he is a natural person, his surname, first names, profession, residence, nationality and date and place of birth and, if it is a legal person, its status, corporate name, registered office and the body that legally represents it.  The notification should contain a description of the disputed facts and their precise location, and the reasons why the content should be removed, including reference to the legal provisions and justification of the facts.

MAGIC STAY reserves the right to send a USER warnings and suspend or indeed remove his PROFILE following repeated complaints by other USERS.

Evaluations may also be made through a comment written by a USER in a CONTRIBUTION AREA, it being specified that such comments:

  • Must include information which is true, accurate, up-to-date and comprehensive
  • Must have a direct and relevant connection with the ACCOMMODATION and the ANCILLARY SERVICES
  • Must not infringe image rights or the right to privacy or the dignity, honour and consideration of individuals
  • Must be written in a clear, objective and courteous manner, must not contradict the laws and regulations in force or common decency, and in particular must not contain defamatory, offensive, hurtful, threatening, obscene, indecent or pornographic texts, infringing the rights of third parties.
  • Must not contain any personal data
  • Must not infringe trademark rights, copyright (particularly over sounds, images - animated or still -, photographs and texts) 
  • Must not contain any viruses, macro viruses, Trojan horses, worms, etc.

 

6. DATA COLLECTION

MAGIC STAY undertakes in any event to comply with the following two (2) key principles: 

-       You keep control of your personal data;

-       Your data are processed in a transparent, confidential and secure manner. 

The processing of personal data is regulated by: 

-       Act No.78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties

-       Since 25 May 2018: by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016).

You will find more details on personal data in our Confidentiality Policy and Cookie Management Charter.

Personal information that may be collected on the WEBSITE is mainly used by MAGIC STAY for managing relations with USERS and ANCILLARY SERVICES providers, and for processing BOOKINGS. It is saved in MAGIC STAY’s customer database and the database thus compiled from personal data is declared to the CNIL (French Data Protection Authority) No.1947703.

In accordance with Act No.78-17 of 6 January 1978 as amended on Data Processing, Data Files and Individual Liberties, USERS have a right to access, query, modify and delete information about them, which they can exercise at any time by contacting MAGIC STAY at the following email address contact@magicstay.com or by sending a letter to MAGIC STAY’s secondary establishment at 20bis rue Louis Philippe, Neuilly-sur-Seine (92200).

For security reasons and to prevent fraudulent requests, this request must be accompanied by proof of identity. This proof of identity shall be destroyed once the request has been processed. The USERS authorise MAGIC STAY directly or through a third party to conduct any searches that MAGIC STAY considers necessary to verify the identity of the USER and prevent fraud.

The information collected may possibly be passed on to third parties connected with MAGIC STAY under contract for the performance of subcontracted tasks necessary for managing the ADVERTISEMENT and the BOOKING, without the USER having to give his authorisation. In the case of a proven breach of legal or regulatory provisions, this information may be the subject of a specific and reasoned disclosure request from the judicial authorities.

Where certain information is mandatory for accessing specific functionalities of the WEBSITE, MAGIC STAY shall indicate that it is mandatory at the time of data entry 

If, when visiting the WEBSITE, the USER accesses personal data, he must refrain from collecting it and from any unauthorised USE and any act likely to invade the privacy or damage the reputation of any individual.  MAGIC STAY does not accept any responsibility in this regard.

 

7. INTELLECTUAL PROPERTY

7.1. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS 

All of the trademarks, photographs, texts, comments, illustrations, still or animated images, video footage and sounds, as well as all of the computer applications which might be used to operate the WEBSITE and more generally all of the elements reproduced or used on the WEBSITE are protected by current intellectual property laws. 

They are either fully owned by MAGIC STAY or its partners, or are subject to a licence for use, reproduction and representation granted to MAGIC STAY. Any reproduction, representation, use or adaptation, in any form, of all or part of these elements, including computer applications, without prior written agreement from MAGIC STAY, is strictly prohibited and shall constitute an infringement sanctioned by Articles L.335-2 et seq and Articles L.713-1 et seq of the French Intellectual Property Code.

In particular, MAGIC STAY expressly prohibits:

  • the extraction, by permanent or temporary transfer, of the whole or a qualitatively or quantitatively substantial part of the WEBSITE to another medium, by any means and in any form 
  • the re-use of the whole or a qualitatively or quantitatively substantial part of the WEBSITE in any form by making it publically available.

Acceptance of these GENERAL TERMS AND CONDITIONS OF USE constitutes acknowledgement by the USERS of MAGIC STAY’s intellectual property rights and the commitment to comply with them. 

The fact that MAGIC STAY does not initiate proceedings upon becoming aware of such unauthorised USES does not constitute acceptance of said USES or a waiver of proceedings.

Any unauthorised representation and/or reproduction of all or part of the WEBSITE and/or any of its elements by the presentation of a WEBSITE page on web pages published by third parties (by the technique known as “framing”) or by the insertion of an image belonging to MAGIC STAY on web pages published by third parties (by the techniques known as “in-line linking” and “deep-linking”) are expressly prohibited for all USERS.

7.2. USER LICENCE FOR THE WEBSITE

MAGIC STAY grants a personal, non-exclusive and non-transferable licence to the USERS authorising them to use the WEBSITE and the data it contains in accordance with these GENERAL TERMS AND CONDITIONS OF USE.

Any other use of the WEBSITE and its contents is not included in the scope of this licence and may not be made without the express prior authorisation of MAGIC STAY.  

7.3. USER LICENCE FOR THE CONTRIBUTION AREA CONTENT

The USER grants MAGIC STAY the right to use his CONTENT mentioned in the CONTRIBUTION AREAS free of charge and on a non-exclusive basis.  

MAGIC STAY does not acquire any property rights over the data, information and the CONTENT mentioned in the CONTRIBUTION AREAS provided by the USERS.

By publishing his data or CONTENT on the WEBSITE, the USER accepts that it is disseminated on:

  • any website operated by MAGIC STAY or any entity in which MAGIC STAY holds or would be required to hold, directly or indirectly, an interest
  • any website or BOOKING platform operated by external companies with which MAGIC STAY has signed a re-broadcasting agreement in order to increase BOOKINGS.

 The names of the user companies may be provided as a customer reference on the WEBSITE.

 The USERS authorise MAGIC STAY to freely use the CONTENT in order to perform communication operations, whatever the medium. 

This licence is granted worldwide and for the term of the agreement between the USER and MAGIC STAY. This licence grants MAGIC STAY the right to grant a sub-licence under the same terms as those stipulated in this article to its partners and service providers in charge of the maintenance, modifications and developments of the WEBSITE.

 

8. DISSEMINATION ON COMMUNITY PLATFORM

MAGIC STAY has developed tools allowing the USER to share the CONTRIBUTION AREA CONTENT via social networks and blogs published by third parties (hereinafter “Community Platforms”). Consequently, the dissemination and USE of the content by the USER on these Community Platforms are governed by terms and conditions of use established by these third parties.

MAGIC STAY shall bear no liability for the dissemination and the content of the CONTRIBUTION AREA on the Community Platforms. The USER shall be responsible for any complaints by third parties regarding the USE of the content in compliance with the terms and conditions of use established by the Community Platforms.

 

9. LIABILITY

9.1. THE USER'S LIABILITY

The USER bears sole responsibility for the consultation and the USE of the WEBSITE.

 By using the WEBSITE, the USER agrees to hold MAGIC STAY harmless and indemnify it against any damage, costs and fees, direct or indirect, arising from:

  • The breach of these GENERAL TERMS AND CONDITIONS OF USE of the WEBSITE
  • Any activity relating to participation on the WEBSITE which is contrary to these GENERAL TERMS AND CONDITIONS OF USE, including for a fraudulent purpose
  • Any complaint by a third party concerning any CONTENT submitted in its name, in particular for infringement of rights over the CONTENT published by the USER on the WEBSITE or press offences in relation to the elements sent or published on the WEBSITE. 

In the event of non-compliance, MAGIC STAY reserves the right to proceed with the following actions against the USER concerned: limitation of USE of all or part of the WEBSITE, temporarily or permanently; suspension of the PROFILE or removal of the PROFILE. The USER shall be informed of his breach and the closure of his PROFILE by email. The closure - termination shall be without prejudice to any damages that may be claimed by MAGIC STAY from the USER or from its assigns or legal representatives for the loss sustained as a result of such breaches.

The USERS who are subject to sanctions and in particular to limitation of USE of the WEBSITE or suspension undertake not to open a new PROFILE on the WEBSITE.

 

9.2. MAGICSTAY'S LIABILITY

  • 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.
  • MAGIC STAY is only subject to a best efforts obligation, to the exclusion of any performance obligation. 
  • MAGIC STAY undertakes to do everything in its power to ensure continuity of access and USE of the WEBSITE, 24 hours a day and 7 days a week.  However, MAGIC STAY does not accept any responsibility if it is temporarily impossible to access the WEBSITE because of technical maintenance operations or the updating of published information, or in the event of abnormal USE or illegal use of the WEBSITE. 
  • Under no circumstances may MAGIC STAY be held liable for any consequences which might occur during or following encounters or contact between the USERS which take place outside the WEBSITE. 
  • Under no circumstances may MAGIC STAY be held liable for loss of data or data corruption, loss of profit, revenue, time, opportunity or any other indirect damage, whether said loss or said damage is the result of negligence or any other cause, except for wilful misrepresentation or gross negligence on the part of MAGIC STAY.
  • Under no circumstances may MAGIC STAY be held liable in the event of the abnormal USE or illegal use of the WEBSITE, in the event of non-compliance with these GENERAL TERMS AND CONDITIONS OF USE (incomplete or erroneous information in particular); for any delay or non-performance of its obligations when the cause of the delay or the non-performance is connected with a force majeure event as defined by French case law and for any extraneous cause not attributable to MAGIC STAY.
  • Under no circumstances may MAGIC STAY be held liable for the content of third-party websites linked to hypertext links on the WEBSITE: by clicking on these links, the USER acknowledges that MAGIC STAY cannot guarantee the content of these websites and consequently agrees to access them at his own risk.

  

10. FORCE MAJEURE

The following are considered to be force majeure events: a fire, a WEBSITE computer bug of any kind, a strike by any of MAGIC STAY’s providers or subcontractors, a flood, an epidemic, a war, a terrorist attack or hacking of the WEBSITE, a hurricane, a tornado, an earthquake, a revolution, a theft of all or part of MAGIC STAY’s equipment or the fixtures, fittings, facilities and furnishings of the ACCOMMODATION which is the subject of the BOOKING and, more generally, any event a part of which demonstrates its unforeseeable and irresistible nature and that it is beyond the PARTIES’ control.

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.

 

11. VALIDITY

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

MAGIC STAY shall do everything in its power to replace it as soon as possible with a valid stipulation whose scope is as close to the spirit of these GENERAL TERMS AND CONDITIONS OF USE as possible.  The fact that neither of the PARTIES has demanded the application of any clause herein, temporarily or permanently, may not under any circumstances be considered as a waiver of said clause.

 

12. DISPUTES - APPLICABLE LAW - COMPETENT JURIDICTION

The GENERAL TERMS AND CONDITIONS OF USE as well as the relations between the USER and MAGIC STAY are governed by French law. The language of this agreement is French. 

In the event of a dispute between the PARTIES in respect of the interpretation, implementation or termination of these GENERAL TERMS AND CONDITIONS OF USE, the PARTIES shall attempt to settle it amicably. Any Consumer shall have the opportunity to use a consumer mediator under the terms and conditions provided for in Title I of Book VI of the French Consumer Code. 

In the event of a dispute, French courts shall have sole jurisdiction.

Given the nature of their exchanges and in particular the digitisation of their relationship, the PARTIES agree that all of the computer records in MAGIC STAY’s information system shall have evidential value in the event of a dispute.

 

13. MODIFICATION

MAGIC STAY reserves the right to modify the GENERAL TERMS AND CONDITIONS OF USE, especially in order to adapt to any changes in legislation, regulations or case law, by publishing a new version of the GENERAL TERMS AND CONDITIONS OF USE on the WEBSITE.  Such modifications shall enter into force as soon as they are posted online on the WEBSITE and shall therefore be enforceable on all USERS from that moment. That being the case, it is understood that the GENERAL TERMS AND CONDITIONS OF USE that apply are those in force on the WEBSITE at the time of its USE.