Last edited on December 16, 2014
- TERMS & CONDITIONS
The website accessible at www.bnbsitter.com is recognized and edited by BNBSITTER SAS, a joint stock company with a capital of € 1,200, registered with the RCS of Paris under the number 794 241 364 and whose registered office is at 76bis rue de Rennes, 75006 Paris, (hereinafter ‘the Company’).
The website is hosted by OVH SAS with a capital of € 10,000,000, registered with the RCS under the number of 424 761 419 RCS Roubaix and whose registered office is at 2 rue Kellermann, 59100 Roubaix.
The website has been declared to CNIL under the number 1704394V0.
- OBJECT - VALIDATION - ACCEPTANCE
The Website www.bnbsitter.com (hereinafter the ‘Site’) is a community platform which offers different Services (hereinafter designated the ‘Services’ or ‘Service’) including contacting online with specialized external service providers (hereinafter referred to as ‘the Bnb Sitters’ or ‘the Bnb Sitter’) for the provision of their Services (hereinafter the ‘Missions’) to facilitate seasonal rentals of household real estate.
The Company allows hence the contact be established on the Site between Bnb Sitters who are actively interested in the implementation of Missions and other Users (hereinafter referred to as ‘Hosts’ or ‘Guests’) jointly referred to as the 'Users’.
The use of Services offered by the Company to Users implies full acceptance of the Terms and Conditions described herein. The mere fact of using such Services involves full acceptance of the terms presented in the Terms and Conditions.
The User acknowledges and declares, therefore, to have read the Terms and Conditions described herein.
The Service is exclusively reserved to those who are legally capable of entering into contracts under the French law.
The Terms and Conditions described herein defines the legal framework of the use of the Site Services by the Users, as well as the relationships that can be established between the Users and the Site and/or between the Users and the Bnb Sitters, with the rights to which they are entitled, but also with the obligations, independent of what is referred to herein.
It is specified that in cases of need, the User may save or print the Terms and Conditions described herein, provided that the Users do not make any modifications.
The version of the Terms and Conditions available online on the Site shall prevail, if need be, over any other versions, except for the modifications that occur after a reservation and in accordance with the common law.
A copy of the Terms and Conditions described herein will be sent to the User in PDF format by email, in the version that is in effect at the moment of acceptance during registration under the conditions of Article 6 hereof.
- EFFECTIVE DATE - DURATION
The Terms and Conditions described herein shall be effective at every moment during the navigation of and access to the Site of the Users and at every moment during the use of the Services by the Users.
The Users are informed that the Terms and Conditions will be subject to any time of an update in the conditions of Article 23 hereof.
- VERIFICATION OF THE ADEQUACY OF SERVICES
The User hereby declares by the Terms and Conditions described herein that he has verified the adequacy of the Services to his needs and has received all the information and advice it deems necessary for subscribing to the Terms and Conditions prior to the actual subscription, and that he therefore waives any objection on this point.
Accordingly, the User acknowledges having been informed that the Company is but a technology provider that offers via its Website the Services allowing the linkage with service providers without being directly or indirectly related to an organization of intermediary employment or salary portage.
The User is fully informed that the Website is but a simple online medium platform that allows contacts be established and cannot provide all the specific features that an organization of intermediary employment or salary portage normally offers.
It is hence up to the User to verify whether the Services offered by the Site adequately meet their needs.
The User also declares that he or she has the knowledge, skills and resources, including human and technical resources, required for use of the Services.
In the Terms and Conditions described herein, it is agreed that the following words or expressions, in their singular or plural forms, have the following meanings:
- BNB SITTER : any natural or legal person offering the Services of its employees or his own Services as an entrepreneur, individual or self-employed, independent in the implementation of one or more Missions in facilitating the seasonal housing rentals and in welcoming and accompanying the Guests.
- STAMP : fixed remuneration to be paid by the User directly to the Bnb Sitter in return for the implemented Mission.
- IDENTITY CODES : All the information related to each User consisting of a User ID (Last name, first name, telephone number and email address) and a secure password chosen by the User to to have access to his or her own User Account.
- SERVICE CHARGES : this is the remuneration received by the Company for the use of the Services by the User, including connecting the User with the Bnb Sitter.
- USER ACCOUNT : this is the computer module dedicated to Users of the Site and all information specific to their status and their use of the Services.
- INTELLECTUAL PROPERTY RIGHTS : all the rights of literary and artistic property (copyright and related rights), industrial property (trademark, design and pattern and patent) protected in the Code of intellectual Property and International Treaties.
- BOOKING FORM : Information document that the User must fill out online at the Website page accessible at www.bnbsitter.com in which he provides all the information necessary for the implementation of the Missions he wishes to be fulfilled.
- HOST : means the User that offers seasonal housing rentals and wants to hire a Bnb Sitter for the implementation of a Mission.
- MISSION : means all Services performed by the Bnb Sitter, according to the descriptions on the Site.
- PRICE : total compensation that the User agrees to pay through the Site through the intermediary MANGOPAYTM payment platform in exchange for the Mission performed by the Bnb Sitter, including Stamp and the Company's Service fee.
- SERVICE : all the Services offered on the Site by the Company hereunder.
- SITE : all the website structuring elements available at www.bnbsitter.com and all the created content including: the graphics, frames, banners, flash animations and videos, source code, HTML and programming.
- GUEST : this is the User who stays in the apartment offered for seasonal rentals by the Host and who enjoys the performance of a Mission by a Bnb Sitter during the stay.
- USER : any natural or legal person using the Site and who has registered on the Site under the conditions of Article 6 href='#art6'>the Terms and Conditions.
- MEMBERSHIP AND REGISTRATION
Navigation of the Site is free.
However, the User must, at the time of booking a Mission under the conditions of Article 8 hereof, register and create a User account in conditions of this article.
At the time of registration, each User must provide their Username on the Site (Last name, first name, telephone number and email address) and choose a password.
All the above constitutes his ‘Identity Codes’.
Each User accepts full responsibility for the use made of its Identity Codes on the Site.
Each User undertakes to perform all acts within this space that will be reserved for him (hereinafter ‘User Account’) under his own Identity Codes, and all acts performed under these Identity Codes are considered to have been made by the User himself or herself.
If one forgets one’s Identity Codes, or if another User uses one’s Identity Codes in a non authorized way, the liability of the Company shall in no case be engaged and the User shall immediately notify the Company of this situation, by email email@example.com and/or by mail to the following address: BNBSITTER SAS, 76 Bis Rue de Rennes - 75006 Paris.
On receiving this notification in writing duly justified, the Company will study the file and may, for safety reasons, suspend access to the User Account. The Company will process the request of the User as soon as possible and give it back by email new IDs codes after checking his identity.
The User remains responsible for the use of his or her User Account by third parties until the modification by of Identity Codes by the Company, and the User guarantees the Company of any action or claim for the loss of personal information resulting from the loss or fraudulent use of his or her Identity Codes.
The User agrees that computer or electronic recordings made by the Company and / or its suppliers for the delivery of the Services, including all operations performed through his or her User Account, or used to be opposed to any administrative authority and / or competent court as evidence.
The User has the right to access, modify, rectify and delete any information concerning him, the right to be informed that the website has been declared to the CNIL under the receipt number 1704394V0 and that, in accordance with the law ‘Informatique et Libertés’ n ° 78-17 of January 6, 1978.
Missions that may be proposed by the Bnb Sitter are referred by the Site according to the following non-exhaustive classification:
- CHECK-IN or ARRIVAL that corresponds to a set of Missions as part of the welcome and the preparation of the stay of the Guest;
- HOUSEKEEPING that corresponds to a set of Missions as part of the maintenance of the apartment leased by the Host;
- CHECK-OUT or DEPARTURE that corresponds to a set of Missions in the departure of the Guest;
- LAUNDRY SERVICE that corresponds to a set of Missions as part of the collection, cleaning, drying, folding and putting in place the laundry.
These Missions can be accompanied by some of the options as required and the choices made by the User when setting up the Service, such as a pick-up and/or management of the keys by the Bnb Sitter from the house rented by the Host (hereinafter referred to as the ‘Options’).
- reservation MISSION BY A USER
- The User has the choice between different Missions offered by the Site in accordance with the descriptions in section 7 hereof and on the Site.
The User can book the Missions offered online Site via an intermediary service of the Site.
To do this, the User selects, via the booking form, the formula that suits their needs and also, if necessary, the Options of his wish.
At the time of booking, the User must provide the following information via the Booking form:
- address of the apartment;
- the area of the apartment (real area and not the French Carrez law)
- the dates of the implementation of the Mission (date of departure and / or arrival of the Guest for example);
- full name, email address and telephone number of the Guests while making sure to have obtained his authorization prior to transmit his personal data to BNBSITTER
- necessary information for the key pick-up from the apartment and for the final date and time of the first visit for the first reservation.
Furthermore, the User can also complement and / or modify the information at any time via the User Account under the Terms and Conditions of Article 12 href='#art12'>the article 12.
- Once the booking form is completed, the User must confirm the reservation by clicking on the button ‘validate this command’.
- The User will then be asked to register on the site under the conditions of Article 6 href='#art6'> for first order directly to provide its information payment as Article 9 hereof.
- After consulting the availability of Bnb Sitters, the User will be able to select the Bnb Sitter based on the specified available slots when ordering.
- Once the User confirmed the choice of Bnb Sitter, he or she will receive via email a confirmation of the order together with a booking summary (place, time, price, etc.) .
- In addition, the User acknowledges having been informed that the price of the Missions can vary depending on the time between the order of the Mission on the site and the date of the implementation of the Mission thereof.
Users are also advised that booking a Bnb Sitter via the Site is materialized by a direct contractual relationship with the Bnb Sitter, who mandated the Company to promote the establishment of contact with the Users via the online booking platform.
Under these conditions, the Company is not involved in the provision of the delivery of the service for the profit of the User.
- The User, through the online validation of the reservation form on the website, irrevocably agrees to use the Services of a Bnb Sitter for the implementation of the desired Missions.
Terms and Conditions remain in effect vis-à-vis the Users as he or she will use the Site or Services or as a member of the Site or the Services.
The Company may terminate at any time without notice the adhesion of the User to the Site if he or she does not observe the Terms and Conditions.
- The User may at any time have access through the User account to the summary of all the Missions reserved by him, including the date and price paid.
Payment will be made in Euros only by MANGOPAY electronic payment module TM provided by the company Leetchi CORP. S.A., Luxembourg company.
Using the electronic payment system MANGOPAY TM , the User agrees unconditionally the Terms and Conditions of MANGOPAY TM , accessible at https://www.mangopay.com/get-started-2/ .
- The Company guarantees the User that it never has access to confidential information relating to the payment method used by the latter to pay a reservation, even if the User chooses to save his or her payment data site..
This transaction is secured by SSL encryption process 128-bit in order to strengthen all scrambling and encryption processes by optimizing the protection of all personal data related to this payment.
The cost of credit card payment is entirely at the User's expense.
Credit cards are accepted: Carte Bleue, Visa TM , MasterCard TM , American Express
- The payment will be made after an authorization at the fixed price at the time of booking and communicated in the reservation confirmation email in conditions of Article 8.E .
The effective payment of this amount will take place within 24 hours of the completion of the Mission by the Bnb Sitter.
In cases where an additional fee (new Missions, changing a reservation, adding Services...) is added to the price set at the time of booking, the charges will be directly subject to be credited on the User's credit card.
- The User guarantees that the Company has the required permission to use the payment method selected at the time of confirmation of booking and that the credit card gives access to sufficient funds to cover all costs resulting from payment of the price on the Site.
In case of refusal from the bank, the reservation will be canceled automatically and the User will be notified by email.
The data recorded by the Company constitutes proof of all transactions between the Company, the User and Bnb Sitter.
At the end of each use of the Services, the User will receive an email containing the invoice from the Bnb Sitter for the Stamp and an invoice from the Company for Services Charge, which will also be available in the User Account.
These invoices indicate the exact and final amount in Euros charged on the User's credit card.
The User irrevocably accepts that the User’s credit card is charged the amount corresponding to the price due both to Bnb Sitter and the Company (Stamp + service fee).
- FINANCIAL CONDITIONS - REMUNERATION OF THE COMPANY - PRICE
- The price displayed on the Site as well as in the reservation confirmation email is the total after-tax price to pay for both the implementation of the Mission to the Bnb Sitter and for the Service Fee to the Company.
- The Stamp is the remuneration received by the Bnb Sitter for the implementation of the Mission.
- The Service Fee is the fee at which the Company charges the User for contacting the Bnb Sitter and the use of the BNBSITTER platform.
The service fee is directly added to the Stamp that the Bnb Sitter obtains in regards of his or her implementation of the Mission.
It is strictly forbidden that the Users cause any fraud, nuisance, annoyance, or inconvenience in regards to paying the Service Fees to the Company.
- CONDITIONS FOR ESTABLISHING CONTACT WITH THE BNB SITTER
The User is informed that he or she will not have access to the contact information of the Bnb Sitter nor able to communicate with the Bnb Sitter until 24 hours before the scheduled date for the implementation of the Mission. This contact information is only valid during the implementation of the Mission.
Until then, the User can contact with his or her Bnb Sitter on Site and can therefore access the profile and the contact of the selected Bnb Sitter. The profile and the contact of the selected Bnb Sitter will also be sent by email to the User and accessible via the User Account.
The Sitter Bnb may directly contact the Guest to ensure up-to-date and secure communication. As such, the User expressly authorizes the Company to inform the Bnb Sitter of his or her profile and contact information (relevant information of the Host and the Missions to be implemented for the Guest), as well as the contact information of the Guest. This is to facilitate communication among the Host, the Bnb Sitter and the Guest under the conditions of this section, and to facilitate the satisfactory implementation of the ordered Missions.
The Host will be informed directly by the Bnb Sitter through the Site or by email or SMS, of the updates on the implementation of the Mission.
- CHANGING CONDITIONS FOR BOOKING
Via the User Account, the User may fill in the Reservation form and select the time/day of the implementation of the Missions according to the availability of the Bnb Sitter previously selected or of any other Bnb Sitter, at any time with no charges.
Users are also well informed that the price of the ordered Missions can vary depending on the exact rate applicable to the new time/day of the Mission.
The User is responsible for the slot reserved for the Mission since the Bnb Sitter will come at the time and on the date indicated by the User in the reservation form.
As such, the Bnb Sitter will wait for the Guest up to 30 minutes. In cases where the User is unable to show up in time, the User will be liable for costs concerning the rescheduling of the Mission, and the new schedule is subject to the availability of the Bnb Sitter in charge of the Mission.
- CANCELLATION OF BOOKING
Cancellation is possible and free, up to 24 hours before the reserved Mission.
If the cancellation is made within 24 hours before the reserved Mission, it will still be possible and at no additional cost with the exception that the full price would be charged for the scheduled Mission.
- EXCLUSION OF RIGHT OF WITHDRAWAL
However, it is expressly stated under Article L. 121-20-2 paragraph 1 of the Consumer Code, that the User cannot exercise his right of withdrawal for Services that have already begun before the end of withdrawal period of 14 days.
- GENERAL USER REQUIREMENTS AND CONDUCT
- As the User completes the registration and acknowledges acceptance of the Terms and Conditions, and consequently as the User uses the Services made by the Site, the User is forbidden to transmit:.
- any incorrect or false information in their registration;
- any sensitive information of racial or ethnic origins, or of political, religious or philosophical opinions, or of union memberships, or of the sexual life or health, or anything contrary to the morality and the law.
In case of breach or contravention of these rules due to the transmission of such information, the Company, in addition to the fact that it has the right to delete these litigious messages without notice, reserves the right to remove all access to User Services and their User Account from the User.
Users must be over the age of 18; the Company has the right to terminate the contract without notice if the information submitted let the Company think that the User is under the age 18.
Users must ensure that all subsequently communicated information remains accurate, complete, and up-to-date, and must not, unless authorized, use their own identity and/or that of a third party to create or use any User Accounts other than their own. Users must bear in mind that any misuse of the identity is liable to prosecution and criminal penalties for the violation of that conduct, and that misconduct may eventually result in immediate suspension without notice of the Accounts of the Users concerned.
Users will engage in the same register, as provided for in Article 6 href='#art6'> hereof, that if they are aware of a usurpation of their credentials by a third party who accessed their User Account, they will inform the administration team of the Site by email at firstname.lastname@example.org and will confirm by sending a registered letter with acknowledgment of receipt to: BNBSITTER SAS, 76 Bis Rue de Rennes - 75006 Paris
- Users agree to leave the apartment in a reasonably clean condition for some of Missions to be implemented by Bnb Sitters.
If the Bnb Sitter finds an apartment in such a poor condition that it requires much more than just a normal housekeeping service, or if the poorly maintained condition of the apartment humiliates the Bnb Sitter, additional charges will be applied to the User case by case.
Furthermore, if the apartment in which the Bnb Sitter fulfills the Missions is in a state where it manifestly endangers the security of the Bnb Sitter, and where it raises real risks to the health, the Bnb Sitter is allowed to leave immediately without completing the Mission and the Bnb Sitter will not be investigated by Company.
If the Company reaches the same conclusions as those of the Bnb Sitter, the User will not be refunded with the price paid for the reservation. Otherwise, the User will be immediately reimbursed by the Company of the total price paid for the reservation.
- INTELLECTUAL PROPERTY
BNBSITTER is a registered trademark with OHIM under number 011946746.
The Company is the exclusive owner of the intellectual rights to the website including all texts, commentaries, articles, illustrations, video and images, whether visual or sound, reproduced on the Site, and also the databases of which BNBSITTER is the producer.
All the intellectual creations are protected all over the world by copyright law, trademark law, patent law, the law sui generis of the databases, and image rights.
These intellectual creations fully belong to the property of the Company.
However, the Company gives Users the license to reproduce and display the contents of the Site, but solely and strictly for the personal use in the visualization of the Site and the utilization of the Services.
This license, however, excludes from the Users the right to modify, copy, translate, distribute, publish, transmit, distribute, produce, display, or to assign the content on and through the Site.
For this reason and in accordance with the provisions of the Intellectual Property Code, only the private use respecting various other rules in addition to the restrictions delineated in this code is permitted.
Any other use without prior approval of the Company constitutes infringement and is punishable under the Intellectual Property law.
The User is reminded that, posting any hyperlinks to the Site, or using the technique known as framing or deep linking, is strictly prohibited.
Any form of total or partial copy, extraction and reproduction of the database produced and operated by the Company on the Site without the prior written consent of the Company is expressly prohibited.
- DATA PROTECTION - PERSONAL DATA
The knowledge about the personal information collected as part of these Terms and Conditions is mandatory. This information is necessary for processing and establishing contact between the Users and Bnb Sitters, for the proper implementation of the Missions by Bnb Sitters and for the preparation of invoices. The inability to provide this information prevents the proper functioning of the Services offered online by the Company.
In accordance with Law No. 78-17 of 6 January 1978 relevant to data, files and liberties, the treatment of personal information collected on the Site has been declared to the National Commission of Information and Liberties under the number 1704394V0.
- Use and disclosure of your personal information.
To ensure Services, monitoring and establishing contact between Users and Bnb Sitters on the Site, the Company must necessarily make use of the User's personal data. The processed data is transmitted to the Company, and if necessary with relevant partners, in the manner of and for the purposes of the following:
- Manage the reservations of the Bnb Sitters:
- The information of the personal data collected to establish contact between Users and Bnb Sitters on the Site is compulsory for confirmation and validation of all reservation forms, for monitoring the forms and contacting the Bnb sitting under the conditions of Article 11 hereof. In the absence of this personal data, reservation forms will not be processed.
- The data can be transmitted to technical service providers of the Company for the sole purpose of the proper implementation of the Services or the collection of statistics.
- Message of newsletters:
- Depending on the choices made by the User, the personal data of the User may be transferred to the Company's partners.
- Unless the User object, the User is likely to receive commercial information from third-party partners of the Company by mail.
- Also, if the User has checked the box that implies the effect described above, the User is informed that he or she will also receive information online from these partners.
- The User has the right to access, modify, rectify and delete any personal information that may be collected by the Company concerned. To exercise this right, the User may send an email to the User at this address email@example.com or send a letter to this address: BNBSITTER SAS, 76 Bis Rue de Rennes – 75006 Paris
At the open consent of the User in the collection of personal data, the Company reserves the right to transmit this data to its business partners.
The User may receive from the Company and/or, when appropriate, from its partners, e-mails or SMS containing information about the Services and activities of the Company.
The User retains the right to eventually refuse such communications by writing an email to BNBSITTER.
- Collection and disclosure of the Guest’s personal information.
For the proper performance of the Service, the User guarantees the Company to have previously received permission from the Guests to convey to the Company and the BnB Sitters all of the personal data of the Guests for the proper performance of the Mission and the support during the Guests stay.
- Rights to access, rectification, opposition and cancellation.
In any case, the User has the right to access, modify, oppose and delete any personal data that the User is concerned, by writing to BNBSITTER SAS, 76 Bis Rue de Rennes - 75006 Paris and stating the name, email, and address of the User.
According to the effective regulations, all requests for assistance must be signed and attached with a photocopy of an identity card of the person who signed, and must provide a detailed address to which the response can be send. A reply will be sent to the User within two months from the day of reception of the request.
- When consulting the information on the Site, information regarding User navigation on the Site may be recorded in ‘cookie’ files installed on the computer or the mobile device of the User, be subject to the choices that the User makes regarding cookies and the User can change at any time.
Cookies are alphanumeric identities that are transferred to the hard drive of the User via their browser to enable the system to recognize the User's browser and suggest appropriate Services.
- Cookies are used by the Company to store User preferences, optimize and improve the use of the Site by the User by providing the content that is specifically tailored to its needs.
‘Cookies’ are used to:
- identify the User when he or she connects to the Site;
- determine the browser settings of the User, such as browser type and plug-ins that are installed;
- store the User's reservations forms
- know the viewed web pages and/or search entries made on the Site by the User in order to propose appropriate suggestions. No personal data are collected as part of this activity; only statistical data are collected and analyzed for the optimization of the Website.
Some cookies are kept until the closing of the User's browser, while others are kept for longer. Cookies are stored for a maximum of 12 months.
The Help section in the toolbar of most browsers shows how to refuse new ‘cookies’ or to receive a message that indicates the reception of the cookies, or how to disable ‘cookies’.
- Only the issuer of a cookie is likely to read or modify the information contained therein.
When the User connects to the Site, the Company may, depending on the choice of the User, install cookies in his or her terminal, to recognize the browser of the terminal during the valid time of the cookie in question. The cookies issued by the Company are used for the purposes described below, subject to the choice of the User, as a result of the parameters of the navigation software used during the User’s visit to the Site.
The User may choose at any time to express and modify his wishes regarding cookies, by the means described below.
The User can configure its browser for the cookies to be stored in the terminal or on the contrary, be rejected, either systematically or according to their issuer. The User can configure its browser so that the choice of acceptance or rejection of cookies is offered in time before a cookie is likely to be stored in the terminal.
- Behavioral cookies.
The Company does not collect or treat till today any personal information of the so called ‘behavior’ of the User, as defined by Ordinance No. 2011-1012 of 24 August 2011 relevant to electronic communications.
Any implementation of behavioral cookies on the Site by the Company will be subject to the a priori open consent of the User on the Site.
The Company has signed a hedging contract with HISCOX covering the various risks concerning the Services offered via the Site to Users and to Bnb Sitters, under the following conditions:
- CIVIL PROFESSIONAL LIABILITY AND / OR CIVIL LIABILITY AFTER DELIVERY
Extended warranties: 500 000,00 Euros, including:
- Any personal injury, material and non-material, consequential: 500 000,00 Euros .
- Deductible for all damage except personal injury: 1 500,00 Euros.
- PROFESSIONAL LEGAL REMEDIES
- Any personal injury, material or non-material, consequential: 500 000,00 Euros .
- Deductible for all damage except personal injury: 1 500,00 Euros.
- CIVIL LIABILITY FOR OPERATIONS
Extended warranties 8000 000,00 Euros per claim, including:
- Property damage and consequential non-material damage: 1 500 000,00 Euros per claim .
- Non consequential damage: 500 000,00 Euros per claim .
- Food poisoning: 800 000,00 Euros per claim .
- Occupational diseases and / or inexcusable negligence: 1 500 000,00 Euros per insurance year .
- accidental damage to the environment: 800 000,00 Euros per claim .
- Theft by employees: 30 000,00 Euros per claim .
- Deductibles for all damage except personal injury: 500,00 Euros per claim .
- DISCLAIMER - CAUTION
- Caution - Compliance Service
The Company reminds the User that it does not provide and does not intend to provide any intermediary service and/or to act as intermediary organization.
As such, the User acknowledges having been informed that the Company will bear no responsibility in this regard with respect to the Bnb Sitter and the conditions of the implementation of the Mission by the latter.
- tax and social legislation - Caution
Users are informed that the Company will in no event be regarded as an intermediary employment agency or as the direct or indirect employer of Bnb Sitters registered on the Site.
The Company is merely making use of an online platform for establishing contact with and booking Bnb Sitters and Missions to be implemented by them.
If the Bnb Sitter allegedly provided false or incorrect information about his or her administrative, legal and fiscal situations to the Company, the Company should not be held responsible.
Thus, the Company cannot guarantee the accuracy and compliance of the information declared by the Bnb Sitter.
- The Company is an intermediary technology which allows the establishment of contact between the Users and Bnb Sitters, via the Site that the Company creates, and the Company participates only in this manner in the activities between Users and Bnb Sitters.
The Company is not directly involved in the contractual relationship between the Users and the Bnb Sitters. Accordingly, the Company has no control over the quality, safety, security of the Bnb Sitters described on the Site or of the Missions they implement.
The User is fully aware of the simple intermediary role of the Company of relating the Guests, the Hosts and the Bnb Sitters.
The Company cannot in any way be held responsible for the proposed Mission performance of the Bnb Sitters, nor for any violation of laws and regulations conducted by the Bnb Sitters.
- With respect to the services of making deposits and the keeping of the key of the apartment where the Mission is, the Company is not responsible for any cases wherein keys are lost or stolen by Bnb Sitter or any other people who have had custody or possession of the keys during the use of the Services by the User.
- In the same manner, the Company is not responsible for the links on its website to other websites that do not belong to the Company, and since the Company has no control the content, the personal data protection charters or the operation of the sites published by third parties, it shall not be held responsible.
The Company is not responsible for the availability of these sites and cannot control the content nor validate the advertisements, products and other information published on these websites.
- The responsibility of the Company vis-à-vis the Users may only be held liable in the event of non-performance of its obligations under the Terms and Conditions described herein.
- Users are fully aware of the provisions of this Article, including the abovementioned warranties and limitations of liability, essential conditions, without which the Company would not have incurred.
- TECHNICAL ARRANGEMENTS
Services are provided by the state and subject to availability.
The Company does not guarantee the perfect supply of Services without occasional interruption, nor the secured supply of Services offered through the Site.
The Company is not bound by any obligation to personalized, and notably technical, assistances.
The Company disclaims any open or implied guarantee of the quality or the compatibility between the Site and what the Users make of it.
The Company does not guarantee any results or benefits in the use made of the Services offered through the Site.
The Company does not guarantee that the files sent by Users will not be the object of the intrusion of an unauthorized third party or be corrupted or downloaded, nor does the Company guarantee that the information and data circulating on the Internet are protected against such attacks or possible misuse.
- FORCE MAJEURE
Any event beyond the control of the Company and any event against which the Company could not reasonably guard are cases of force majeure and therefore, the obligations of the Company are suspended, such as but are not limited to: a strike or a technical failure (EDF, ERDF, telecommunications operators, Internet service providers or providers of accommodation, Registrar, etc.), a shortage of power supply (such as electricity), a malfunction of the electronic network communication on which the Company depends, and/or a malfunction of networks that would replace the original.
The Company will not be liable or be deemed to have breached its obligations under these Terms and Conditions for any inability to perform in a case of force majeure as defined by the legislated and jurisprudential law of the France, provided that the Company on the one hand, notifies the other party, and on the other hand, tries to minimizes the damage to the best of its ability and responds as fast as possible to its obligations after the the case of force majeure.
In case where such an event takes place, the Contract is suspended for a period of thirty (30) days after the occurrence of the force majeure. During this period, the Company is committed to finding an alternative solution. If after fifteen (15) days of discussions with the Users and no solution is found, the Terms and Conditions in the present Terms and Conditions shall then be resolved or automatically canceled without paying any compensation.
- CORRESPONDENCE BETWEEN THE PARTIES
Unless otherwise provided in these Terms and Conditions, correspondence exchanged between the Users and the Company is made by electronic mail via the Site.
Pursuant to Articles 1316 and the Civil Code and, where applicable, Article L.110-3 of the Commercial Code, the parties declare that the information delivered by emails between the parties is valid and that no certified and signed written documents that may case doubt on the computerized information due to a contradiction shall be produced.
Elements such as the time and day of reception and delivery, and the quality of received data shall be valid in the way either delineated by the priority of the Company's information systems, or authenticated by computerized procedures of the Company, except otherwise in written proof by Users.
- UPDATE OF TERMS AND CONDITIONS
The Company may alter and / or update the Terms and Conditions according to certain economic or legal needs; current Users of the Services will be informed and have a period of eight (8) days to indicate their refusal of the proposed changes by letter or e-mail and to request the deletion of their User account.
Otherwise, the proposed amendments will be considered tacitly accepted by the Users and this Agreement will continue until terminated.
The Company reserves the right to modify at any time, the characteristics of Services, without substantial changes. Then the Company will notify Users of this change fifteen (15) days before the entry into force of the latter.
A copy of the Terms and Conditions will be sent to the User in PDF format by email, in the effective version on the day of the latest changes.
The provisions of these Terms and Conditions constitute the entire agreement between the User and the Company. They supersede any proposal, exchange letters before and after the conclusion hereof, and any other provision contained in documents exchanged between the parties relative to the subject of the Terms and Conditions, except amendment duly signed by the representatives of the two parts.
- NO WAIVER
The fact that a part of the Terms and Conditions has not demanded the application of any provision, either permanently or temporarily, will in no way be considered a waiver of rights arising out of this part of the clause.
If one or more provisions of these Terms and Conditions are held invalid or declared as such under any law, regulation or from a definitive decision of a competent jurisdiction, the remaining provisions of these Terms and Conditions remain in full force and effect.
If appropriate, the Company agrees to immediately remove and replace the clause with a legally valid clause.
In case of a difficulty in the interpretation between the title and the chapter in any of the articles and any of the clauses, the titles will be deemed unwritten.
- JURISDICTION - APPLICABLE LAW
Any difficulty arisen from the interpretation and / or execution of the Terms and Conditions will be subject to the discretion of the competent French courts; the only applicable laws are the French laws.