Terms of use

The user of the website acknowledges that he/she has the necessary skills and means to access and use this site.

The user of the website acknowledges that he/she has checked that the computer configuration used does not contain any viruses and that it is in perfect working order.

The user also acknowledges that he/she has read this legal notice and undertakes to comply with it.

In accordance with the provisions of the French Data Protection Act of 6 January 1978, the automated processing of personal data from the website has been declared to the French Data Protection Authority (CNIL) under number 714052 and number 1242218.

The user is hereby informed that, in accordance with Article 27 of the French Data Protection Act of 6 January 1978, the information communicated by the user via the forms on the site is required to respond to his/her request and is intended for the website operator, who is responsible for processing it for administrative and commercial management purposes.

The user is informed that he has the right to access and rectify any data concerning him by writing to Clévacances France 101 boulevard de suisse 31200 TOULOUSE.

The user is informed that, during his visits to the site, a cookie may be automatically installed on his browser.

A cookie is a block of data that does not enable users to be identified, but is used to record information relating to the user's browsing on the site.

The browser software settings enable users to be informed of the presence of a cookie and, if necessary, to refuse it.

The user has the right to access, withdraw and modify personal data communicated via cookies by deleting them.

The general structure, as well as the software, texts, images (animated or not), sounds, know-how.

Any total or partial representation of this site by any company whatsoever, without the express authorisation of the site operator, is prohibited and constitutes an infringement punishable by articles L.335-2 and following of the French Intellectual Property Code. The same applies to any databases appearing on the website, which are protected by the provisions of the Act of 1 July 1998 transposing the European Directive of 11 March 1996 on the legal protection of databases into the Intellectual Property Code.

The trademarks of the website operator and its partners, as well as the logos appearing on the site are semi-figurative or not and are registered.

Any total or partial reproduction of these trademarks or logos made from elements of the site without the express authorisation of the website operator is therefore prohibited, within the meaning of article L.713-2 of the French Intellectual Property Code. of the French Intellectual Property Code.

1. Definitions

In the remainder of these general conditions of use of the Site and Services, each of the expressions mentioned below will have the meaning given in its definition, namely:

Platform: Clévacances France website, accessible at the address http://www.clevacances.com, giving access to the Services.

Service(s): all the services accessible via the platform.

User: natural person using the platform to consult the availability of the services offered by the Professionals, to make online reservations, to issue opinions, and, where applicable, to pay for all or part of the Services subscribed to.

Registration data: all the information that the User must provide when registering for the Services in order to be identified.

Professional: any tourism professional, legal entity or natural person, (including Clévacances members) whose offers are proposed via the platform.

Special Conditions: specific conditions of the Professional enabling the Professional to make access to and use of the Services by Users subject to acceptance of its own contractual stipulations, which are placed under the sole responsibility of the Professional.

2. Acceptance of the terms of use of the site

The general conditions of use of the Site and Services apply to the entire Site, and are intended to govern relations between Clévacances France and the User, whatever the Service(s) in question. Their purpose is to define the terms and conditions under which, on the one hand, Clévacances France makes its platform available to the User and, on the other hand, the User accesses and uses the Services of the platform.

By accessing this Site and/or using the Services, the User declares and acknowledges having read, understood and accepted the conditions of use of the Site and the Services, with respect for the rights of third parties, and in compliance with applicable law.

In addition, access to Services may be restricted and/or their use subject to specific conditions.

3. Purpose of the site

Clévacances France manages and offers Users a platform, which provides access to a set of Services. Clévacances France is in no way involved in the content of the Services offered by professionals or in their use. For each Service chosen by the User, the detailed description of the Services as well as the respective obligations of the parties appear in the special conditions.

The platform also makes it possible to put Users and Professionals in direct contact, in a totally independent manner. It allows Users to give opinions on the services offered. Clévacances France does not intervene in any way, within the framework of the Site, in the relations between Users and Professionals.

Clévacances France reserves the right to make, at any time, any modifications, deletions and/or additions to the content of this Site, without prior notice and in a discretionary manner.

4. Site access

Clévacances France endeavours to provide permanent access to the Site, i.e. 24 hours a day, 7 days a week. However, access to the Site may be suspended at any time and without notice, in particular due to breakdowns, failures or paralysis of the independent network, system and/or means of communication beyond its control, as well as due to maintenance and correction work made necessary by the updating and proper operation of the Site.

The User undertakes not to hinder access to the Site and/or the proper operation of the Site in any way that could damage, intercept or interfere with all or part of the Site. You are reminded that fraudulently accessing or remaining in a computer system, hindering or distorting the operation of such a system, or fraudulently introducing or modifying data in a computer system constitute offences punishable by criminal penalties.

Clévacances France cannot be held responsible for any direct or indirect damage due to an interruption, malfunction of any kind, suspension or stoppage of the Site and/or the Services, for any reason whatsoever, or for any direct or indirect damage resulting in any way from access to the Site and/or the Services.

The User of this site acknowledges that he/she has the necessary skills and means to access and use this Site. The communication protocols used are those in use on the Internet.

Clévacances France cannot be held responsible for elements beyond its control and for any damage that may be suffered by the user's technical environment and in particular, their computers, software, network equipment and any other material used to access or use the Site and/or the Services.

Access to the Site is free. The costs of accessing and using the telecommunications network are borne by the User, in accordance with the terms and conditions set by their access providers and telecommunications operators.

5. Registering for Services

In order to use the Services, the User must follow the instructions on the Site. In particular, he must complete an online registration form to finalise the order of the chosen Services, and to access the notice deposit service.

During the registration procedure for the Services, and the updating of the Registration Data, the Professional expressly undertakes to provide accurate, complete and up-to-date information.

Clévacances France being unable to control the accuracy or truthfulness of the information provided by the User, the Registration Data is provided under the sole responsibility of the User. Nevertheless, Clévacances France reserves the right to verify the information provided by the User.

In the event that the User provides false, inaccurate, erroneous, out of date or incomplete information, Clévacances France will be entitled to refuse access to all or part of the Services, and to suspend or terminate the Account, without notice or formality.

Users' identifiers are strictly personal and confidential, and must not be communicated or shared with third parties.

The User will be solely responsible for the conservation and use of his identifiers, or actions or declarations made through his Account, whether fraudulent or not. The User guarantees Clévacances France against any claim in this respect.

Furthermore, Clévacances France does not have the means to ensure the identity of persons accessing the Services, and therefore cannot be held responsible. If the Professional has reason to believe that someone is using his identifiers or his Account, he must immediately inform Clévacances France.

6. Description of services

The main Services accessible via the platform are as follows:

• Access to the Clévacances network directory
• Access to technical documents
• Access to pdf or leaflet catalogues of accommodation, provided by Clévacances branches
• Access to offers from partners
• Multicriteria search engine giving access to descriptive sheets of labelled accommodation, supplied by Clévacances branches and Clévacances members
• Map search engine giving access to descriptive sheets of labelled accommodation, filled in by Clévacances branches and Clévacances members
• Consult availability as an indication
• Access to online pre-reservation via tools not hosted by Clévacances France
• Access to online booking via tools not hosted by Clévacances France
  
  The services offered by the Professionals are their sole responsibility. In this respect, the Professionals are solely responsible for the information and offers put online on the platform, and in particular the availability, conditions, characteristics and prices of the services offered, and the photos submitted. In the event of error or omission, the Professionals shall be solely liable to Users who have consulted, booked or ordered services.
  
  Prior to accessing the Services, Users wishing to benefit from one or more of the Services presented on the Site must inform themselves of the conditions applicable to this (or these) Service(s), and ensure that they have the necessary conditions.
  
  Access to the Services may be subject to restrictions with regard to certain persons or in certain countries. It is the responsibility of all interested Users to check beforehand that their situation allows them to use the Services.

7. Use of services

The User undertakes to use the Services exclusively for personal purposes. He undertakes not to make any improper use of the Services. The use of the Services for other purposes, as well as the use or making available to third parties, whether free of charge or in return for payment, and the remarketing of the Services are strictly prohibited.

The User is responsible for the proper use of the Services, in compliance with the applicable law and the rights of third parties, and for direct or indirect damage, material or immaterial, caused to Clévacances France, by himself or by the persons for whom he is responsible, as a result of the use of the Services. He undertakes to indemnify Clévacances France against all demands, claims or actions that Clévacances France may be subject to as a result of him, and in this respect, the User will indemnify Clévacances France against all costs, charges, indemnities and expenses that the latter may have to bear as a result, including the fees and costs of the advisers of Clévacances France , including in the event of a non-final court decision.

8. Orders

Transactions are concluded and executed directly between the User and the Professionals.

The User also has the option of grouping together orders placed with several Professionals in one basket. In this case, the orders are processed independently by each Professional; only payment facilities may allow the User to enter his/her bank details only once to pay for his/her order basket, according to the payment methods offered to the User. In the latter case, however, there are as many bank transactions as there are Professionals involved in the order.

9. Payments and security

Clévacances France is mandated by the Professionals to provide access to secure payment solutions on behalf of the Professionals.

Many payment methods can be offered to the User. No banking information remains in the platform.

Payment is made by choice on the secure servers of banking partners compatible with the Services offered by Clévacances France, by credit card.

In addition, the User also has the possibility of using the secure electronic payment systems set up on the platform according to the methods chosen by the Professionals. To this end, the User is subject to the conditions of use of the solutions in question.

10. Opinions

The Internet user has the possibility of posting a review on the page of a Clévacances accommodation. This review must be genuine and sincere. It must be written without any quid pro quo. Reviews are kept for a maximum period and cannot be modified.

Subject to compliance, reviews are published within 15 days. All reviews submitted are subject to our moderation system. Clévacances requires that reviews and responses comply with the review charter and reserves the right to reject or delete them in the event of non-compliance. The author of the review will be informed by e-mail if his review is rejected.

11. Ownership of the site

The whole of this Site (structure, presentation and content) constitutes a work protected by current French and international legislation on copyright and, in general, on intellectual property.

Clévacances France is the owner, or holder, of the rights to all the elements that make up this Site, in particular the texts, data, drawings, graphics, photographs, animations, sounds, including documents. All rights, including in particular the rights of exploitation, reproduction and extraction on any support, of all or part of the data, files and all elements appearing in the web pages of this Site, as well as the rights of representation and reproduction on any support, of all or part of the Site itself, the rights of modification, adaptation or translation, are reserved exclusively for Clévacances France, and its possible successors in title, subject to the pre-existing rights of third parties who have authorised the digital reproduction and/or integration into this Site, by Clévacances France, of their works of whatever nature.

Any reproduction, representation, distribution or redistribution, in whole or in part, of the elements of this Site by any process whatsoever without the express prior authorisation of Clévacances France is prohibited, and would constitute an infringement, punishable by articles L 335 - 2 and following of the Intellectual Property Code.

The reproduction of the texts and web pages of the Site on paper remains authorised, subject to compliance with the following cumulative conditions: free distribution, compliance with the integrity and purpose of the documents reproduced (no modifications or alterations), compliance with the purpose of the Site in the use of this information and elements, clear and legible citation of the source with mention of the name of the Site, its internet address and the copyright of Clévacances France.

Copies of documents contained in this Site may only be made for information purposes and exclusively for strictly private and personal use. Any other reproduction or use of copies for other purposes is expressly prohibited.

The trademarks, company names and logos appearing on the Site are protected. Any total or partial reproduction of these trademarks or logos, made from elements of the Site without the express permission of Clévacances France or its assignees is therefore prohibited, within the meaning of Article L 713 - 2 of the Intellectual Property Code.

12. Protection of personal data

When using the Services, the User may be asked to provide various personal data.

As such, the User declares that he/she has read, understood and accepted the "legal notices", and "personal data" sections accessible on the platform, which form an integral part of these General Conditions of Use of the Site and Services.

The personal data of Users is intended to be kept in computer memory by Clévacances France, to be used, as well as to be communicated to its technical partners (communication gateways), in order to allow Users to use the services and to allow the editors of the site and Professionals to allow Users to benefit from commercial offers for similar products or services.

The User acknowledges and accepts that Clévacances France may be required, in order to comply with applicable law, to disclose personal data concerning him/her, in particular for the purposes of legal proceedings, to ensure that Users comply with the General Terms and Conditions of Use of the Site and Services, to respond to requests from police and gendarmerie authorities arguing the violation of the rights of third parties and more generally to protect the rights and interests of Clévacances France and the Professionals.

In accordance with law n°78-17 of 6 January 1978 relating to information technology, files and civil liberties, amended by law n° of 6 August 2004, Users have an individual right to access, modify, rectify and delete data concerning them at any time.

13. Hyperlinks

The Site contains hypertext links providing access to sites that are not published by Clévacances France. Consequently, Clévacances France may not be held responsible for the content of sites to which the User may have access in this way.

The creation of hypertext links to the Site's home page is authorised. Prior authorisation from Clévacances France is required for links made to specific pages of the Site (deep linking).

The URL of the targeted page must be clearly indicated. The user site must not make the Site appear to be its own, distort the content of the Site or refrain from clearly indicating that the User is being directed to the Site. The Site's pages must not be nested within the pages of another site, but may be displayed in a new window.

No "mirroring" of the Site, i.e. placing it online at another URL, is permitted.

14. Liability

The transactions carried out, through the Site, are the sole responsibility of the User's relationship with the Professional(s), offering the Services. Clévacances France provides the technical means to put the User in contact with the Professionals. The User expressly recognises that Clévacances France does not intervene in any way in these transactions, and generally in the relations between the Professionals and their clients (Users), the present being exclusive in particular of the qualification of estate agent, travel agent, and generally of agent.

Clévacances France cannot, under any circumstances, be held responsible, for any reason whatsoever, for the Services which are the subject of the matchmaking and, where applicable, the transactions, their quality and their content whatsoever and for any information communicated by any Professional in relation to the Services. Clévacances France does not guarantee, nor does it vouch for, the solvency or respect of commitments, the quality of services or their conformity. As a result, Clévacances France cannot, under any circumstances, be held responsible for any prejudice, whatever it may be, suffered by any User.

In addition, it is expressly agreed that Clévacances France is subject to an obligation of means within the framework of the execution of these General Conditions of Use of the Site and Services.

The User also acknowledges that given the current state of technology, and the absence of any guarantee from telecommunications operators or third party software publishers, the permanent availability of the Site or Services and the access time to the platform or Account cannot be guaranteed. Similarly, given the technical constraints inherent in websites and the Internet network, Clévacances France cannot be held liable under any circumstances for the acts of third parties and in particular users of the Internet network.

In any event, the Parties expressly agree that in the event of Clévacances France being held liable, whatever the nature or basis of the action:

Only direct damage, resulting from the non-performance of its contractual obligations, is likely to give rise to compensation. Consequently, all indirect damage, and in particular prejudice ... , suffered by the User and/or third parties may not give rise to a right to compensation.

Clévacances France may not be held liable if the non-performance or poor performance of its contractual obligations is attributable, either to the User, or to the act of a third party, or to a case of force majeure.

15. Termination

Clévacances France reserves the right to suspend, at any time, access to and use of the Services, in the event of a breach of these General Terms and Conditions of Use of the Site and Services and/or in the event of a breach of the legal and regulatory provisions in force.

16. Miscellaneous

These General Conditions of Use of the Site and Services express the entirety of the obligations of the parties, in relation to their subject matter.

General and/or special conditions specific to the Services, which will be communicated when the User accesses these Services, may be added to these General Conditions of Use of the Site and Services.

The User acknowledges and accepts that the fact that Clévacances France tolerates a situation, does not have the effect of granting him acquired rights. Such tolerance may not be interpreted as a waiver to assert the rights in question at a later date.

If one or more stipulations of these General Conditions of Use of the Site and Services are held to be invalid or declared as such in application of a law, regulation or following a definitive decision by a competent court, the other stipulations will retain all their force and scope.

17. Litigation

Proof
Clévacances France may rely as proof of any act, programmes, data, files, recordings, operations and other elements (such as monitoring reports or other statements) of a nature or in a computer or electronic format or medium, established, received or stored directly or indirectly by Clévacances France , for example in any database.

In this respect, the recordings kept by the Clévacances France computer system are expressly accepted as proof of the communications between the parties, of the use of the Services and of the payments made between the parties, and are authentic in the event of a dispute.

Applicable law
The use of this Site, and of the Services, is governed by French law, to the exclusion of any other legislation, regardless of the place of use. This applies to both substantive and formal rules.

Allocation of jurisdiction
In the event of a dispute, and if no amicable settlement is reached, Clévacances France and the User will refer the matter to the competent courts of Toulouse, to which they expressly allocate jurisdiction, including in the event of multiple parties, third party appeals or incidental claims, even for summary proceedings or proceedings on petition.

In accordance with article L.612.1 of the French Consumer Code, you may have free recourse to the MEDICYS mediation service to which we belong: by e-mail: www.medicys.fr or by post: MEDICYS - 73, bd. de Clichy - 75009 PARIS

18. Contact details for Clévacances France

Responsibilities for content provided by Professionals

Clévacances France is not obliged to carry out any prior verification of the content disseminated on the present site by members (Clévacances members or technicians), Users or other users (including, but not limited to, opinions relating to accommodation for rent) (hereinafter "user content"), and Clévacances France is not responsible for such user content.

Clévacances France nevertheless reserves the right not to authorise the distribution on the present site or to remove from it any user content which does not comply with the rules relating to content or which otherwise violates these general conditions of use. Clévacances France may also remove user content if we are informed, by a user or a third party, that this content is apparently in violation of all or part of these general conditions of use or any other stipulation governing its distribution.

All the advertisements appearing on this site are posted by the Professionals and are entirely their responsibility. Clévacances France expressly excludes all liability with regard to the accuracy of the advertisements, the assessments of Users, any breach of contract committed by a Professional. The Professionals are entirely responsible for updating the information on their rentals, including, but not limited to, all the necessary information concerning the accommodation, its equipment, its location, its price and its availability at a given date or period. Clévacances France does not guarantee that the texts, content, assessments of Users, location of rentals or indications of quality, price or availability published on this site are accurate or up to date, even in the case where potential Users have searched for special offers, dates or specific types of rentals. The Professionals are solely responsible for ensuring the accuracy of the descriptions of the rentals, and Users are solely responsible for verifying the accuracy of these descriptions.

PROFESSIONALS

CONDITIONS FOR DISPLAYING DIGITAL FILES REPRESENTING YOUR ACCOMMODATION ON THE www.clevacances.com WEBSITE AND OTHER SITES OF THE CLEVACANCES NETWORK

You have the possibility of distributing on the website accessible from the address http://www.clevacances.com, as well as on the websites of the Clévacances network, accessible through content syndication, one or more digital files, such as photographs, drawings or plans, representing the accommodation you own, in order to illustrate the information presenting this accommodation.

This free service is offered only to owners of accommodation let through the Clévacances network.

The uploading of any digital file from our website is subject to the express and unreserved acceptance of these conditions for the distribution of digital files.

1. CHARACTERISTICS OF DIGITAL FILES

The digital files that you can distribute from the http://www.clevacances.com website, as well as on websites accessible by syndication of Clévacances content, must be in JPEG format, to the exclusion of any other digital format.

The maximum authorised size per digital file is 10 MB (ten megabytes).

The maximum number of digital files distributed per accommodation is set at twenty (20).

2. AUTHORISATION TO DISTRIBUTE DIGITAL FILES

By accepting the present conditions of distribution, you grant on a non-exclusive basis and for the whole world, to the Fédération Nationale des Locations de France Clévacances, as well as to any member of the Clévacances network or to any partner promoting the Clévacances network (in particular associations, Comités départementaux du tourisme, Comités régionaux du tourisme, Offices du tourisme), the right to reproduce, represent, distribute, adapt and/or compress, export, in any digital format whatsoever, on its Internet site accessible from any computer, as on any other site accessible in syndication, or on any paper or digital medium presenting the accommodation rented through its network published by the Fédération Nationale des Locations de France Clévacances or by any member of the Clévacances network, as well as on any communication medium presenting the Clévacances network, all or part of the content of any digital file representing your accommodation which you put on line on the Clévacances site or which may have been put on line through the intermediary of any technician of the Clévacances network, and this for the duration of copyright protection, insofar as these files are likely to be protected as such.

We remind you that this distribution is made free of charge, without financial consideration, on either side.

3. RESPECT FOR THE RIGHTS OF THIRD PARTIES AND PUBLIC ORDER

We would like to draw your attention to the fact that, in its capacity as host of these digital files within the meaning of law no. 2004-575 of 21 June 2004, the Fédération Nationale des Locations de France Clévacances is unable to carry out prior verification of the content of the digital files distributed and hosted on its Internet site by the owners of accommodation made available for rent via its network, and therefore cannot be held civilly or criminally liable for the distribution of files infringing the rights of third parties.

We would therefore like to draw your attention to the fact that any reproduction, representation or distribution of a work of the mind within the meaning of Articles L.112-1 and L.112-2 of the Intellectual Property Code, and in particular a photograph, a drawing or even the building itself, covered by copyright, without the authorisation of its author, constitutes an infringement punishable by civil and criminal penalties.

Similarly, any reproduction or use of an intellectual property right of which you are not the owner requires express written authorisation from the owner of the right in question.

In addition, pursuant to article 9 of the French Civil Code, the distribution of any file infringing a person's private life and/or image is prohibited and punishable by law.

Finally, as a general rule, you are prohibited from distributing any digital file whose content is contrary to public order and morality, and in particular that which glorifies crimes against humanity, incites racial hatred, relates to child pornography, incites violence or violates human dignity.

For these reasons, prior to distributing any digital file on our Internet site or on any other site accessible by syndication, it is imperative that you check that, by this distribution, you are not infringing the rights of third parties or violating provisions of public order, for which you alone would be responsible.

As a result, you expressly guarantee the Fédération Nationale des Locations de France Clévacances against any claim, action and/or demand to which it may be subject as a result of the distribution of any digital file selected by you.

4. MORAL LAW

We remind you that the holders of copyright on their work have the perpetual, inalienable and imprescriptible right to have their name appear on this work.

As a result, in order to respect the moral rights of the author(s) whose work you intend to distribute from our website, you have the possibility of having the name of their author appear on the digital files distributed from our website or from any site by syndication.

In any event, you guarantee the Fédération Nationale des Locations de France Clévacances against any claim, action and/or demand based on the non-respect of the moral rights of the author(s) of the work(s) communicated by you and whose distribution you authorise.

5. RESPECT FOR THE OWNER'S RIGHTS OVER THE IMAGE OF HIS HOME

By accepting the present conditions of distribution, you expressly declare that you are the owner of the accommodation whose image or representation you intend to distribute on our website and acknowledge in any event that you have obtained the prior and express agreement to this distribution from any co-owner of this accommodation.

To this end, you guarantee the Fédération Nationale des Locations de France Clévacances against any claim, action and/or demand based on the non-respect of the rights of the owners of the property whose image or representation you authorise to be broadcast from our Internet site or from any site by syndication.

6. PROHIBITION ON DISSEMINATION OF FALSE OR ERRONEOUS INFORMATION

In addition, we remind you that you must not distribute information or digital files that would have the consequence of misleading or deceiving any third party as to the quality and characteristics of the accommodation services that your accommodation offers.

Similarly, the service offered by the Fédération Nationale des Locations de France Clévacances is exclusively reserved for the distribution of digital files and more specifically photographs representing the accommodation that you own and put up for rent through the Clévacances network. The distribution of files or photographs not representing your accommodation is strictly forbidden.

In this respect, it is your responsibility to regularly update the digital files representing your accommodation and distributed on our website.

As a result, you expressly guarantee the Fédération Nationale des Locations de France Clévacances against any liability action which would be brought by tenants due to the distribution of information or digital files representing your accommodation which would have misled or deceived any third party as to the actual qualities and characteristics of your accommodation.

7. THE RIGHT TO WITHDRAW FILES

At any time you have the option of ceasing the distribution of any digital file distributed on our website by means of the "delete file" tab.

At any time, the Fédération Nationale des Locations de France Clévacances may withdraw from its Internet site a digital file distributed by the owner of an accommodation made available for rent through its network, if it notes or is informed of an infringement of the rights of a third party, an infringement of public order and morality or the misleading or erroneous nature of information or elements contained in any digital file distributed, or that the digital file transmitted does not represent your accommodation, as well as for any wrongful act attributable to the owner.

Similarly, the files will be automatically withdrawn from any website of the Clévacances network, when the accommodation they represent is no longer rented through the Clévacances network. For all that, these files may be used by the Fédération Nationale des Locations de France Clévacances or by the members and partners of the Clévacances network in accordance with the provisions of article 2.

8. ACCEPTANCE OF THESE CONDITIONS OF DISTRIBUTION

By accessing your members' area, you expressly and unreservedly agree to these terms and conditions for the distribution of digital files representing your home.

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