General Terms And Conditions For The Use Of Goliday.com
ARTICLE 1. LEGAL NOTICE
You are currently connected to the website www.Goliday.com/sitemaker, published by Intuivi SAS, share capital: € 20,000, RCS Bastia: 529 101 347, head office: 395 chemin des Horizons Verts, 20240 Ghisonaccia, : +33420130000, email: [email protected], VAT number: FR 30 529101347, publication director and formulation director: Antoine MANFREDI.
The Site is hosted by OVH, registered office: 2 rue Kellermann BP 80157, 59053 Roubaix Cedex 1, telephone: +33820698765.
ARTICLE 2. DEFINITIONS
“Subscription”: Temporary access to the Deliverable.
“Client” means any person, whether natural or legal, under private law or public law, registered on the Site to order a Service.
“Goliday”: Intuivi SAS, taken as publisher of the Site.
“Internet user”: any person, whether natural or legal, under private or public law, connecting to the Site.
“Site”: website accessible at the URL www.Goliday.com/sitemaker, as well as the sub-sites, mirror sites, portals and URL variations relating thereto.
“Elements Contributed”: content of any kind (codes, texts, images, sounds …) inserted in the Deliverable, either by Goliday at the Customer’s request or by the Client himself. The Customer is solely responsible for the Contribution Items.
“Deliverable” means any intangible item delivered by Goliday to the Customer as part of a Service and forming a website allowing the Customer to offer accommodation to its own customers. Each Subscription gives the Customer access to only one Deliverable.
“Tenant” means any person, whether natural or legal, under private law or public law, the Client’s final customer.
“Service”: service carried out by Goliday, the subject of the Customer’s order.
“Distinctive Signs”: distinctive signs of the Customer, such as brand, name, trade name, sign or domain name.
ARTICLE 3. SCOPE
The Site is free and open to all Internet users. The navigation on the Site assumes the acceptance by all Internet user of the present general conditions. The simple connection to the Site will entail full acceptance of the present general conditions.
When registering on the Site, this acceptance will be confirmed by ticking the box corresponding to the following sentence: “I acknowledge having read and accepted the general conditions of sale and use”. The Internet user recognizes by the same fact to have taken full knowledge and accept them without restriction.
Ticking the box above will be deemed to have the same value as a handwritten signature on the part of the Internet user. The Internet User acknowledges the proof of the automatic registration systems of Goliday and, except for the contrary, waives the right to contest them in the event of a dispute.
These general conditions are applicable to the relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user.
Acceptance of the present terms and conditions assumes on the part of the Internet users that they have the legal capacity necessary for this, or failing that they have the authorization of a guardian or curator if they are incapable , Their legal representative if they are minors, or if they hold a mandate if they are acting on behalf of a legal person.
ARTICLE 4. DESCRIPTION OF SERVICES
4.1. Purpose of the Site
The purpose of the Site is to provide Services to Clients, consisting of the establishment of a website allowing Customers to propose a rental accommodation. The accommodation will be visible from the Customer’s website and from the Site.
4.2. Creation of the Deliverable
4.2.1. Customer Selection
The Customer chooses among the various templates proposed on the Site, as well as several options for graphical personalization of the site.
4.2.2. Realization of the Deliverable
Goliday is committed to designing and automatically realizing a functional Deliverable from the model and the chosen options. Goliday will have to provide the technical solutions allowing to realize the realization of the Deliverable established by the Customer at the time of the order and to ensure the good operation. Goliday undertakes to respect the deadlines that may be provided for when ordering.
Goliday is under an obligation of means. Goliday may subcontract all or part of the Service.
Goliday is not subject to any obligation to provide assistance.
The contour of the Service is strictly limited to the stipulations of the Site.
4.3. Hosting Deliverable and Domain Name Reservation
The Client shall, if applicable, grant Goliday a warrant for the purpose of reserving one or more accommodation and domain names. Only the first domain name will be reserved for free, any other domain name reservation will be invoiced to the Client.
The Client will therefore be directly linked to the hosts and registrars concerned. Thus, his personal data will be communicated to the hosts and registrars concerned. On the other hand, the names and contact details of the administrative, technical and billing contacts that will be used are those of Goliday. The Customer guarantees to Goliday the accuracy of the information transmitted.
In addition, Goliday may ask the Client, according to the extension of the domain name chosen, any additional information in order to allow the registration of the domain name.
Goliday may refuse the registration of a domain name without having to justify it to the Client.
The Customer agrees to comply with any regulations imposed by the hosting companies and registrars, in particular AFNIC and ICANN, and accessible on their respective websites. The Customer agrees to respect the charters related to the registration of his domain name and to reply to any email addressed by the registrar to validate and / or confirm the reservation of the domain name.
Goliday undertakes to realize for the benefit of the Customer a Hosting Service of the Deliverable.
The actual accommodation of the Deliverable includes:
– monitoring of the server;
– monitoring the proper functioning of the infrastructure required for accommodation.
Goliday is committed to ensuring or ensuring physical security of access to servers.
Finally, Goliday specifies that a firewall is installed upstream in order to control the access to the different servers. An abnormal event log informs the supervisor of the security system by e-mail
4.3.3. Terms of Reference
The mandate entrusted is strictly limited to the reservation by Goliday of one or more accommodations and domain names. As such, the mandate entrusted to Goliday does not include:
The renewal of the reservation at the end of its initial period. However, Goliday may send the Customer an email informing him of the deadline of the reservation 2 months before this deadline. In this case, Genty will invoice the Customer annually for renewal. The responsibility of Goliday can not be sought in the event that the Client does not pay the amount of the reservation within the deadlines. Any silence of the Customer on this subject will be interpreted by Goliday as a will not to renew his reservation.
The search for the availability of the domain name ordered by the Client, who declares in this capacity to have approached a lawyer or an intellectual property consultant to ensure the availability of the domain name to be reserved.
4.4. Delivery – Reception of the Deliverable
Delivery of the Deliverable is made by Goliday by automatic production on the server.
4.4.2. Final acceptance
The Customer may issue reservations within 1 week of delivery of the Deliverable. All reserves issued by the Client must be issued simultaneously. In the absence of any reservation within the aforementioned period of one week, the Deliverable is considered to be tacitly received by the Client.
If necessary, as part of the monitoring of the Deliverable, Goliday undertakes to ensure its proper functioning, in particular to repair the broken links and to solve the problems related to the display of the images.
4.6 Intellectual property
4.6.1. License for the Deliverable
Goliday consents to the Client, on a non-exclusive basis, as is, a license to use the Deliverable. The license is granted for the whole world and for all languages. The license is limited to the right to use the Online Deliverable, excluding:
Any reproduction on a permanent or temporary basis of the Deliverable made available, in whole or in part, by any means and in any form, including during the loading, display, execution of the Deliverable;
Any translation, adaptation, arrangement or modification of the Deliverable, as well as any export or merger of the latter with other computer applications.
The rights to use the Deliverable are personal and non-transferable. The Customer is not authorized to decompile or access the source code of the Deliverable. Goliday gives no other guarantee than that of the physical existence of the rights ceded. The Customer accepts this license as is.
4.6.2 Elements Supported
The Client remains the owner of all the Contributed Elements. As such, it declares to have the rights and authorizations necessary to carry out the exploitation of the Contributed Elements and undertakes to indemnify Goliday against any action brought against it as a result of the Contributed Elements.
The term “Design and development: Goliday” and / or the Goliday logo will be associated with the Deliverable during its operation and will appear:
On a page called “Credit”, “Legal Information” or “Legal Notices” accessible from the Deliverable home page;
In the header of the html code of the web pages of the site and / or in the source code of the software under the tag “Creator”.
4.6.4. Legal Actions
Only Goliday will be entitled to exercise the actions for infringement and unfair competition relating to the unauthorized exploitation of the Deliverable. Only the Customer will be entitled to exercise the actions for infringement and unfair competition concerning the unauthorized exploitation of the Contributed Elements.
Goliday is authorized to use the Customer’s name, as well as the image of the Deliverable, as part of its commercial and advertising promotion.
4.7. Using the Deliverable
Throughout the duration of the Subscription, the Customer will be able to upload photos of the dwellings rented on the Deliverable, up to a maximum of 40 photos per dwelling, the region in which these dwellings are located and the characteristics and equipment of these dwellings last. The Customer may also enter the rental rates for each dwelling. Finally, the Deliverable allows Tenants to proceed directly to the booking of the Accommodation and to pay online.
ARTICLE 5. CLIENT DECLARATIONS AND OBLIGATIONS
5.1. Customer Information
The Customer declares having received from Goliday all the explanations and clarifications useful that will enable him to use the Deliverable object of the present contract.
The Client acknowledges that his needs and the services offered by Goliday are in adequacy and that he has taken out the contract with full knowledge of the facts and has all the necessary information enabling him to produce free and informed consent.
The Customer agrees to inform Goliday of any circumstance likely to affect the execution of this contract as soon as he becomes aware of it
5.2. Authorizations and declarations
The Customer is solely responsible for the authorizations and declarations relating to the use of the Deliverable. The Client declares that he has the necessary rights and authorizations for this purpose. If necessary, the Client declares that he has carried out any necessary steps, such as requests for authorizations and administrative declarations.
Failure to make such declarations and authorizations shall under no circumstances affect the validity of this contract. In particular, the Client shall be bound to pay the sums due to Goliday. The Client guarantees Goliday against any recourse against it in the event of such declarations and authorizations.
5.3. Distinctive signs
5.3.1. Distinctive Signs License
The Customer grants to Goliday, throughout the present period and for the whole world, a non-exclusive license to use the Distinctive Signs for the purpose of creating the Deliverable.
5.3.2. Guarantees on Distinctive Signs
The Customer warrants to Goliday that he is the sole owner of all intellectual property rights relating to the Distinctive Signs. The Customer indemnifies Goliday against any action, claim, claim or objection from any person claiming to have a right of ownership. In the event of a dispute, the Customer will bear all expenses related to the dispute, including any legal fees.
5.4. Elements Supported
The Customer agrees to provide Ganted with the Contributed Elements.
It is specified in this respect that the drafting of the texts and the entry of the manageable content is the exclusive charge of the Client. The Customer undertakes to proceed with the safeguarding of any Contributed Item, the responsibility of Goliday can not be committed due to the loss of any Contributed Element.
The Customer agrees to react as soon as possible to any request from Goliday relating to the realization of the Deliverable. The Client acknowledges that his involvement and collaboration are necessary for the proper performance of the contract.
5.5. Provision of information
The Customer agrees to transmit the Distinctive Signs to Goliday.
The Customer agrees to react as soon as possible to any request from Goliday relating to the performance of the service. The Client acknowledges that his involvement and collaboration are necessary for the proper performance of the contract. Any delay or lack of diligence of the Customer may result in a postponement of delivery of Goliday greater than one week to the duration of said delay or lack of diligence of the Client, without this deferral being a fault of Goliday or a prejudice for the Client .
ARTICLE 6. SUBSCRIPTION OF A SUBSCRIPTION
In order to take advantage of the Deliverable, the Customer must subscribe to a Subscription.
6.1. Choosing a Subscription
The access and the edition of the Deliverable requires the Subscription by the Customer of a Subscription. The Customer may subscribe to the Subscription on the Site. The Customer has the possibility to subscribe to several Subscriptions simultaneously, in addition to the Basic Subscription for each additional Deliverable.
6.2. Subscription duration
The Subscription takes effect from the signature of its payment by the Client.
The Subscription is subscribed, at the Client’s choice, for a period of one month or one year, renewable tacitly for an equivalent duration.
6.3. Payment by Customer
Once they have completed the registration form, Customers will be invited to check or modify their delivery and billing details and will be invited to make their payment by being redirected to this effect on the secure payment interface Including the words “order with obligation to pay” or any similar formula.
6.4. Choice of billing cycle
The Customer may elect to be invoiced for its Subscription monthly or annually. He will be able to change his billing cycle at any time from his personal space by terminating the current Subscription and subscribing a new one.
6.5. Early cancellation of the subscription by Goliday
In case of failure of the Customer to any of the stipulations of the present Goliday may terminate the Subscription of right and without intervention of the judge. The cancellation of the Subscription to the Damage of the Customer is without prejudice to any damages that Goliday may claim due to the Customer’s default.
6.6. Early Termination of Subscription by Customer
The Customer has the option to cancel the Basic Subscription at any time by sending a registered letter with acknowledgment of receipt to Goliday at least one month before the subscription expires.
The Customer has the option to cancel any additional Subscription at any time from his personal space.
Goliday will not make any reimbursement of the Client, any paid period remaining to Goliday.
ARTICLE 7. PRICE – PAYMENT
The prices applicable are those displayed on the Site on the day of the order. These prices can be changed at any time by Goliday. The displayed prices are valid only on the day of the order and do not have effect for the future.
The prices indicated on the Site are understood in euros, excluding taxes.
7.2. Method of payment
The Customer can pay by credit card, PayPal, wire transfer or bank check. Credit card payments are made by secure transactions provided by Paypal.
In the context of payments by credit card, Goliday does not have access to any data relating to the means of payment of the Customer. Payment is made directly to the bank.
In the event of payment by check or bank transfer, the delivery periods start to run only from the date of receipt of payment by Goliday.
Goliday will send or make available to the Customer an invoice by electronic means after each payment. The Customer expressly agrees to receive the invoices electronically.
7.4. Default of payment
The agreed payment dates can not be delayed under any pretext, including in the event of a dispute.
Any sum not paid at maturity shall give rise, automatically and without formal notice, to the application of penalties for delay calculated on the basis of a rate equal to 3 times the statutory rate of interest, Penalty shall prejudice the payment of principal sums due.
In addition, any delay in payment will result in invoicing the defaulting Customer for a recovery fee of EUR 40, immediate payment of all outstanding amounts regardless of the agreed deadlines, plus an allowance of 20% of the amount by way of penal clause, as well as the possibility of terminating the contract unilaterally to the Customer’s wrong and consequently to put the Deliverable offline.
ARTICLE 8. CLAIM – RETRACTION – WARRANTY
8.1. Customer service
The Customer Service of the Site is accessible from Monday to Friday, from 10 am to 5 pm by e-mail to: [email protected] or by postal mail to the address indicated in article 1 of the present general conditions. In the latter two cases, Goliday undertakes to provide a response within 2 working days.
8.2. Right of withdrawal – Distance selling
The right of withdrawal shall not apply, in particular, to contracts:
– the provision of services fully executed before the end of the withdrawal period and the execution of which has begun after express prior agreement of the Client and expressly renounces his right of withdrawal;
– supply of goods made according to the Client’s specifications or clearly personalized;
– the supply of digital content not provided on a physical medium whose execution has begun after express prior agreement of the Client and expressly renounces its right of withdrawal.
Similarly, the right of withdrawal shall not apply to contracts executed in full by both parties at the express request of the Customer before the latter exercises his right of withdrawal.
Upon validation of the order for a service, the Client’s withdrawal from the right of withdrawal will be indicated by ticking the box corresponding to the following sentence: “I expressly waive my right of withdrawal of 14 days for benefits Which I would receive before the expiry of this period “. The Customer will then receive an email confirmation of his / her withdrawal from the right of withdrawal.
The Customer who has exercised his right to withdraw from a contract for the provision of services, the execution of which has begun, at his express request, before the end of the withdrawal period, pays the trader an amount corresponding to the service provided until the communication Of its decision to withdraw, this amount being proportional to the total price of the service agreed in the contract.
ARTICLE 9. PERSONAL AREA
9.1. Creating personal space
The creation of a personal space is an indispensable prerequisite for any order from an Internet user on the Site. To this end, the Internet user will be invited to provide a certain amount of personal information. Some of this information is deemed essential to the creation of personal space. The refusal by an Internet user to provide this information will have the effect of preventing the creation of the personal space as well as, incidentally, the validation of the order.
When creating the personal space, the Internet user is invited to choose a password. This password constitutes the guarantee of the confidentiality of the information contained in the personal space. The Internet user is therefore prohibited from transmitting or communicating it to a third party. Failing this, Goliday can not be held responsible for unauthorized access to the personal space of an Internet user.
The Customer undertakes to carry out a regular check of the data concerning him and to proceed on-line, from his personal space, to the necessary updates and modifications.
9.2. Content of the personal space
The personal space allows the Client to consult and follow all his orders made on the Site.
Personal space pages are freely printable by the account holder in question, but are not in any way admissible evidence by a court. They have only an informative character designed to ensure efficient management of their orders by the Customer.
Goliday undertakes to keep in a secure manner all the contractual elements whose conservation is required by the law or the regulations in force.
9.3. Removing personal space
Goliday reserves the right to remove the account of any Customer who contravenes these general conditions, in particular when the Customer provides inaccurate, incomplete, false or fraudulent information, as well as when the personal space of a Customer has remained inactive since Less a year. Such cancellation shall not be liable to constitute a fault on the part of Goliday or damage to the Excluded Client, who shall not be entitled to any compensation for this fact.
This exclusion is without prejudice to the possibility for Goliday to institute judicial proceedings against the Client once the facts have justified it.
ARTICLE 10. GOLIDAY NEWSLETTER
By ticking the box provided for this purpose or expressly agreeing to this end, Internet users agree that Goliday may send to them, in a frequency and in a form that it determines, a newsletter (newsletter) which may include Information relating to its activity.
When the Internet user ticks the box provided, he agrees to receive commercial offers from Goliday for products and services similar to those presented on the Site. Subscribers will be able to unsubscribe from the newsletter by clicking on the link provided in each of the newsletters.
ARTICLE 11. RESPONSIBILITY OF GOLIDAY
11.1. Nature of the obligations of Goliday
11.1.1. Realization of a Deliverable
The Deliverable is delivered as is, the receipt of the Deliverable covers apparent defects of conformity and apparent defects.
Any action against Goliday, in particular in respect of a hidden defect of conformity or a hidden defect, is prescribed within one year from receipt of the Deliverable by the Customer.
Goliday shall not be liable for the reservation or use of any distinctive emblem (domain name, trademark, title, trade name, company name, etc.) to which the Client has requested him to proceed.
Goliday is not responsible for damages that the installation of a Deliverable could cause to the servers and computer equipment of the Client.
11.1.2. Realization of Services
Goliday undertakes to take the necessary care and diligence to provide quality services in accordance with the specifications of these general conditions. Goliday is solely liable for the obligation to use the services described herein.
Goliday may interrupt the Service temporarily for maintenance, without the Customer being entitled to any compensation whatsoever.
The liability of Goliday can not be incurred as a result of default in the performance of services of third parties, such as automatic translation or synchronization with other platforms. In this respect, the Customer undertakes to verify all synchronized reservations himself.
11.1.3. Reservation of accommodation
Reservation of accommodation is not part of the services offered by Goliday. The Customer is solely responsible for the performance of its services with respect to the Tenant. The Client shall certify to Goliday the right to rent the dwellings. Goliday only proposes to the Client the use of a software enabling him to manage the booking of the accommodation. The Customer agrees to check each step of the reservation of the accommodation. The liability of Golida can not be incurred as such.
Moreover, Goliday can not be held responsible in the event of absence of Tenant or any damage caused by the Tenant to the accommodation rented by the Client.
11.2. Case of absolute necessity – Customer’s fault
Goliday shall not be liable in the event of force majeure or fault of the Client, as defined in this article:
11.1.2. Absolute necessity
Within the meaning of the present general conditions, any force majeure that is opposable to the Customer will be considered as any impediment, limitation or disturbance of the Service due to fire, epidemic, explosion, earthquake, band fluctuations Failure of the access provider, failure of transmission networks, collapse of installations, unlawful or fraudulent use of passwords, codes or references provided to the Client, computer hacking, a fault Security related to the hosting of the Site or the developers, flood, power outage, war, embargo, law, injunction, demand or requirement of any government, requisition, Strike, boycott, or other circumstances beyond the reasonable control of Goliday. In such circumstances, Goliday shall be exempted from the performance of its obligations within the limit of such impediment, limitation or inconvenience.
11.2.2. Customer Fault
For the purposes of these General Terms and Conditions, any fault on the part of the Customer which is liable to the latter will be considered as any misuse of the Service, fault, negligence, omission or default on his part or that of his servants, failure to respect the advice given by Goliday on Its Site, any unauthorized disclosure or use of the password, codes and references of the Customer, as well as the information of incorrect information or the lack of updating of such information in his personal space. Any technical process, such as robots, or automatic requests, the implementation of which contravenes the letter or the spirit of the present general conditions of sale will also be considered as a fault of the Client.
11.3. Technical problems – Hypertext links
In case of impossible access to the Site, due to technical problems of all kinds, the Customer will not be able to claim any damage and will not be entitled to any compensation. The unavailability, even prolonged and without any limitation period, of one or more online services, can not constitute a prejudice for Clients and can in no way give rise to the award of damages from Goliday.
The hypertext links present on the Site may refer to other websites. Goliday can not be held liable if the content of these sites violates the laws in force. In the same way, the responsibility of Goliday can not be engaged if the visit, by the Internet user, of one of these sites, was causing him a prejudice.
11.4. Damages payable by Goliday
In the absence of any legal or regulatory provisions to the contrary, the liability of Goliday is limited to the direct, personal and certain prejudice suffered by the Customer and related to the failure in question. In no event shall Goliday be liable for indirect damages such as, but not limited to, data loss, business damages, lost orders, branding, trade disturbances and loss of profits or customers . In the same way and within the same limits, the amount of damages awarded to Goliday may not in any event exceed the price of the Subscribed Subscription.
11.5. Responsibility as a web host
The data published on the Deliverable by the Customer are under his own responsibility.
In this context, Goliday will be granted the status of data host as defined in Article 6-I-2 of the Law for Confidence in the Digital Economy of 21 June 2004. In accordance with paragraph 3 of the same Article, Goliday shall not be liable for any civil or criminal liability arising from such data unless, immediately upon becoming aware of the unlawful activity or information, he has acted promptly to withdraw such information or Make access impossible.
ARTICLE 12. INTELLECTUAL PROPERTY
The contents of the Site (texts, images, diagrams, structure, database, software …), property of Goliday, are protected by the copyright and the right of the databases. Any and all representations, reproductions, translations, adaptations or alterations, in whole or in part, illegally made without the consent of Goliday or its successors or assigns constitute a breach of Books I and III of the Intellectual Property Code and may give rise to Prosecution for infringement. The published contents of the Site are indicative, without guarantee of accuracy. In no event shall Goliday be held responsible for any omission, inaccuracy or any error contained in this information which would be the cause of direct or indirect damage caused to the Internet user.
ARTICLE 13. GENERAL PROVISIONS
13.1. Applicable right
These general conditions are subject to the application of French law.
13.2. Changes to these Terms and Conditions
These terms and conditions may be modified at any time by Goliday. The general conditions applicable to the Customer are those in force on the day of its order or its connection on this Site, any new connection to the personal space taking acceptance of the new general conditions.
Under Ordinance No. 2015-1033 of 20 August 2015, any disputes which may arise in connection with the execution of these general conditions and the solution of which could not be found beforehand between the parties Should be submitted to MEDIACONF: www.mediaconf.fr.
The nullity of one of the clauses of this contract will not invalidate the other clauses of the contract or the contract as a whole, which will retain their full effect and scope. In such a case, the parties shall, as far as possible, replace the annulled stipulation with a valid provision corresponding to the spirit and purpose of the present agreement.
13.5. No Waiver
The absence of any exercise by Goliday of the rights hereby granted to him shall under no circumstances be interpreted as a waiver of such rights.
13.6. Languages of these terms and conditions
These general terms and conditions are available in French, English and German. In case of conflict between the different versions, only the French version will be authentic.
13.7. Unfair clauses
The stipulations of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.