General Terms and Conditions (GTC)
1.1 The following General Terms and Conditions (GTC) apply to the use of the platform www.morningcroissant.com. The platform www.morningcroissant.com is a service of MORNINGCROISSANT SAS ("MorningCroissant" or "we"). MorningCroissant provides you (as "User") its services, especially the use of the database, based on these user conditions.
1.4 Differing business conditions of the users are not valid, even if MorningCroissant does not contradict individual cases.
2. MorningCroissant’s services
2.1 The website www.morningcroissant.com is an online platform. Natural or legal persons and business partnerships that have registered, and whose registration has been confirmed by MorningCroissant (hereinafter: "User"), can provide and rent apartments, rooms or other accommodations ("accommodation"). The conclusion of the user contract is free.
2.2 MorningCroissant provides a website platform for posting content and offers, making contacts, and preparing and concluding rental contracts. Rental contracts come to stand exclusively between the offering user (“provider”) and the renting user (“renter”). MorningCroissant itself does not provide accommodations and does not accept any offers. MorningCroissant is not a party in the contact concluded between the users on the website. The fulfillment of the contracts concluded between users on the website is solely between users.
2.3 Rental offers and content posted by users on the website will not be verified by MorningCroissant as to their legality, accuracy or completeness and do not represent the views of MorningCroissant. MorningCroissant is not responsible for third party offerings and content.
3. Registration, Formation of the user contract, Legal transaction declarations
3.1 The use of MorningCroissant’s services requires that the user has previously registered. Registration is free and requires that the user accept the GTC. By receiving a confirmation e-mail at the user-specified e-mail address by MorningCroissant, a contract between MorningCroissant and the user to use MorningCroissant’s services ("user contract") comes to stand. There is no legal right to conclude such a user contract.
3.2 Registration is allowed only to unrestricted, legal capacity natural persons, legal persons and partnerships. Minors may not register with MorningCroissant. The registration of a legal person or partnership may be made only by an authorized natural person who must be named. During the registration, only individuals may be listed as the owner of the user account (i.e. no married couples or families).
3.3 During the registration, the user is obligated to provide accurate, up-to-date and complete information as required by the registration form, especially first and last name, current address (a PO Box is not acceptable), a valid e-mail address and, where appropriate, to state the name of the company and an authorized representative. The data must be up-to-date and correct at all times. Multiple registrations under different member names are prohibited. During registration the user chooses a user ID and password. The member name may not be an e-mail or Internet address, may not be damaging to the names, trademarks or rights of others, nor offend against good manners. After registration, the user receives a password and a name assigned to his membership account.
3.4 Legal transaction declarations (e.g. confirmation messages, changes to the GTC) may be sent to user by e-mail.
4. User obligations: user account, system integrity
4.1 The user is obligated to maintain up-to-date and accurate information in his membership accounts, and in the event of a change, to correct it immediately. A user account is not transferable and not inheritable.
4.2 The user is obligated to ensure that his membership account is only used by himself and is obligated for this purpose to keep his password secret.
4.3 Users are liable for all activities that are carried out while their member account is used. The user is not liable if he was not responsible for the misuse of his membership account as long as the existing duty of care was not violated.
4.4 Once the user is aware that third parties have access to his member account or have otherwise gained access to his member’s account, he shall forthwith notify MorningCroissant. MorningCroissant shall then block the member's account until the situation has been clarified. The expenses incurred to the account until it was blocked shall be paid by the user, unless disclosure of the access data is due to a fault of MorningCroissant.
4.5 MorningCroissant only carries out a very limited review of registration data, as the identification of people in the Internet is only very restrictedly possible. Consequently, despite various security precautions, it is not possible to exclude that incorrect data was provided for a user account. Each user has to convince himself of the identity of his contractual party.
4.6 Users are obligated to set their systems and programs in connection with the use of MorningCroissant’s services so that neither the security, integrity or the availability of systems set up by MorningCroissant to provide their services, are affected. Users may not block MorningCroissant generated content, rewrite, modify or in any way interfere with MorningCroissant’s services. MorningCroissant has the right to set up necessary measures (such as blocking access) that are necessary to ensure the system integrity of MorningCroissant’s systems or third parties.
4.7 Users are responsible to archive on a storage medium independent of MorningCroissant the visible information on the website and information stored by MorningCroissant, which they deem necessary for their own purposes of evidence, accounting, etc.
5. Use of the website, Compliance with applicable laws and existing rights
5.1 The user is responsible that the accommodation he offers is described correctly and completely. He must at least provide the information in the mandatory fields in MorningCroissant, so that the accommodation and the offer is adequately described. In addition, it is up to the provider to request additional conditions, such as a deposit amount, the cost of cleaning, the possibility of canceling, etc. The various, contractual cancellation policies can be found at the following 'cancellation policies' .
5.2 Users are obligated to comply with applicable laws when using the website. MorningCroissant therefore prohibits, for example, to offer accommodations, whose offer and/or application violates statutory provisions, infringes on the rights of third parties or offends against good manners.
5.3 It is the sole responsibility of each user to ensure that his offers are legal and do not infringe on the rights of third parties.
5.4 Users may not use addresses, contact details and e-mail addresses, which they have obtained through the use of the site for any purpose other than for the pre-contractual and contractual communication. It is especially forbidden to sell this data or to use it to send advertising, unless the user in question has expressly agreed in advance.
5.5 The website content stored by MorningCroissant may not be copied or distributed without prior consent of the respective owners, or otherwise used or reproduced. This also applies to copying in the way of search engine technologies or via other automatic mechanisms.
6. Responsibility of the user, MorningCroissant’s exemption of liability
6.1 The user is soley responsible for offers and content, such as images, that he uploads on the website or otherwise makes publicly available or distributes. These may not be injurious to the rights of third parties, in particular, injure personality rights or copyrights of third parties.
6.2 The user exempts MorningCroissant from all third party claims on the first request, which are made applicable against MorningCroissant on the basis of content, violation of GTC or other conduct for which the user is responsible. The liability exemption includes reasonable legal fees and court costs
7. Rights of use
By submitting content (text and images), the user grants MorningCroissant the following non-exclusive, transferable, temporally and spatially unlimited rights (including the right to grant sub-licenses) to the posted content, for the purpose of the offering MorningCroissant services:
(a) the archival and database rights, i.e. the right to archive the content in any form, and in particular to digitize it for database entry and save it on all known storage media and on any medium, and to connect it other work or work parts;
(b) the reproduction and distribution rights and the right to public playing, i.e. the right to store the content as desired, to copy and to make it available or disseminate it in full or in part in electronic or other media (such as Internet, newspapers, magazines);
(c) the legal process, i.e. the right to edit the content as desired, to change and in particular to reduce, to complement and link with other websites, and also prepare for use on mobile devices.
8. Availability and amendment of the website
8.1 The right of users to use the website exists only in the context of the current state of the technology. MorningCroissant temporarily restricts use if this is necessary regarding safety, integrity, capacity limitations or to the implementation of technical measures, and also when such restrictions serve to improve performance of the services used (maintenance). The legitimate interests of users are acknowledged by MorningCroissant, for example, by communicating this information in advance. MorningCroissant’s regulated liability, applicable in section 15, remains hereby unaffected.
8.2 MorningCroissant reserves the right to change the arrangement of the website, and takes users’ legitimate interest into reasonable consideration.
9. Offer settings, conclusion of a rental contract between users, provision of accommodation, commissions, cancellation
9.1 If a provider posts an accommodation on the MorningCroissant website, this is a non-binding invitation to bid on the proposed property with the specified conditions (rent, etc.) and will conclude with a rental contract. The renter can click the appropriate button to make a binding offer for conclusion of a rental contract by a certain date. The contract stands if the provider accepts the offer within 24 hours in appropriate MorningCroissant procedure. If the provider does not accept the renter's offer within 24 hours, he is no longer bound by this bid.
9.2 If a contract is concluded between users, MorningCroissant notifies the contract partners accordingly by sending an appropriate confirmation email. MorningCroissant shall also communicate the necessary contract data, especially the duration use and total price. The total price consists of the price of the accommodation and MorningCroissant's commission. The current commission fees are available at the 'How it Works' page. The settlement of agreed upon conditions such as a safety deposit or cleaning costs is made directly between users.
9.3 The renter then pays the total cost to the provider. Payment is to be made by bank transfer, credit card or PayPal, and upon conclusion of the rental contract, will be debited and kept by MorningCroissant in a non-interest bearing escrow account for the benefit of the provider. Should the amount receivable not be paid, the user must reimburse MorningCroissant for the additional costs to the extent that it is his failure. Providers are not allowed to add additional costs or fees, which were not specified in the tendered price, and then demand these from the renter.
9.4 The registration as a user of MorningCroissant is free. MorningCroissant does not charge for listing offers. Should a rental contract be concluded between a provider user and a renter user as result of provable service or brokering, which took place on the MorningCroissant website, the provider is to pay MorningCroissant a processing fee. The current processing fees are available at the 'cancellation policies' page.
9.5 The commission is due immediately upon conclusion of the rental contract, and can be paid by the user by bank transfer, credit card or PayPal. The total amount will debited by MorningCroissant together with the escrow administered rental fee. Should the debt recovery fail, the user must reimburse MorningCroissant for the additional costs incurred to the extent that it is his failure.
9.6 Users may only set off due and/or future claims of MorningCroissant commissions unless these claims are legally established or undisputed. The assignment of claims to third parties is not possible.
9.7 Users are forbidden to bypass MorningCroissant’s commission and fee structure.
9.8 MorningCroissant can change the rate of commission at any time. MorningCroissant will advise users by e-mail of any such changes taking effect on the website in due time. The change is effective for any provably obtained or brokered rental contracts, and unless the user objects within four weeks, MorningCroissant shall expressly point out the dissemination of amendment to user.
9.9 The user herewith assigns MorningCroissant to pay the rental price, minus the commission of MorningCroissant, 24 hours after beginning of the stay in the provider's rented property. The renter has the right to revoke the transfer to MorningCroissant should the accommodation not have been left to him in the contractual state. In this case, the revocation is to be sent in due time by e-mail to email@example.com with a brief explanation. The timeliness of receipt by MorningCroissant is significant.
9.10 The provider is soley responsible for the proper payment of applicable taxes.
9.11 Providers must be able to let the rented property to the renter for the agreed time period. For this purpose, providers and renters will agree on the necessary arrangements (location, time, etc.) soon after the conclusion of the contract.
9.12 The accommodation description and the images used may not infringe on the rights of third parties, and must relate strictly to the accommodation offered. Advertising that does not refer to the accommodation on offer is prohibited.
9.13 The users are forbidden to add links to other content in their offers.
9.14 In the event of an agreed cancellation option, the current, contracted conditions under 'cancellation policies' shall apply.
10. Evaluation system
10.1 The website allows users to evaluate each other after renting an accommodation. The evaluations shall provide a meaningful index of users’ trustworthiness. The evaluations are not reviewed by MorningCroissant and may be inaccurate or misleading
10.2 The user is obligated to only make truthful statements in his evaluation and to comply with the law. The views expressed by him may not injure third party rights, nor, in particular, infringe on personality rights. They must be objective and must not contain defamatory criticism
10.3 Any use of the evaluation system contrary to the purpose of the evaluation system is prohibited. It is specifically prohibited for users to write evaluations about themselves or to arrange for third parties to incorporate circumstances into evaluations that are unrelated to the settlement of the underlying contracts or evaluations for any other purpose than the trade on the website.
10.4 MorningCroissant does not intervene in the evaluation system. Evaluations are neither altered nor removed by MorningCroissant. Evaluations cannot be altered after they have been posted. They are stored permanently in the feedback profile of a user, and can be viewed by all users. Users can be held legally responsible for the damage to the reputation of another user if feedback contains vulgar, obscene, racist, not permissible for minors or criminally offensive comments. Since MorningCroissant neither censors nor reviews evaluations for accuracy, MorningCroissant cannot be held legally responsible for posted comments, even if those comments are defamatory.
10.5 Should there be an abuse of the evaluations by a user, MorningCroissant has the exceptional right to remove the evaluation, and take measures stated in section 14. This is especially true if:
- the evaluation must be removed because of an enforceable court decision against those who have created the post;
- the comment contains vulgar, obscene, racist, not permissible for minors, or criminally offensive remarks;
- the evaluation contains another member's personal information, which includes, for example, name, address, phone number or e-mail address;
- the evaluation contains comments that indicate that law enforcement agencies or MorningCroissant have initiated investigations;
- the evaluation contains links or scripts;
- if a user has inadvertently posted a negative evaluation to a user, has however already fixed this error and assigned the same evaluation to the correct user;
- the evaluation has been made by a person who was at the time of the transaction or posting the evaluation was not authorized (being underage);
The evaluation is from users whose members account were blocked by MorningCroissant within 90 days of registration. For member accounts that have been blocked, for example, due to non-payment of a commission or for situations where the users are given an opportunity to solve the problem and the member account is reinstated, the evaluation can not be removed.
10.6 If both parties agree, they can retract the posted evaluation online. The evaluation post will be removed and does not enter into account’s evaluation profile. The comment will be retained and expanded to include a reference to the withdrawal.
11. Duration, Termination
11.1 The user contract runs for an indefinite period of time.
11.2 The user may terminate the user contract at any time without notice. A termination notice to MorningCroissant in writing (e.g. letter, fax, e-mail) is sufficient.
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User’s already exisiting proven or brokered rental contracts with other users remain unaffected by the termination of the agreement. Same applies for commission claims already due.
11.3 MorningCroissant may terminate the user contract with a period of two weeks. The right to block remains hereof unaffected.
11.4 The right to terminate for just cause, as well as the individually agreed upon termination rights of the user remain hereof unaffected. Just cause for MorningCroissant exists in particular if
- the user does not comply with a considerable payment obligation in whole or in part, despite a reminder with an appropriate deadline having been sent to the user-specified e-mail address;
- the user violates his obligations in this user contract, and despite a reminder with a timely deadline, does not take remedial action.
A reminder is not needed if this is deemed not promising or the breach is so serious, or holding the contract is so restrictive as to be unreasonable for MorningCroissant.
Thereby, a serious breach is assumed when regular violations of the obligations under articles 5 and 6 ("user requirements") occur. Furthermore, the severity of the offense can also result from the fact that
- the user has already been warned several times due to a comparable violation;
- the user contradicts changes according to the GTC in articles 1.3 and 9.8;
- is required by the law, a court or an authority shows that the use of the site can no longer be offered in this form
- MorningCroissant terminates its website or its business; i
- insolvency proceedings are opened against user's assets.
12. Measures taken in case of legal and / or contractual breach of behavior by user
12.1 If there is sufficient indication that a user culpably breached legal provisions, rights of third parties or GTC, or if MorningCroissant otherwise has a legitimate interest, in particular to protect members from fraudulent activities, MorningCroissant can, pending a conditional cancellation, take one or more of the following actions:
- warn the user;
- delete user’s offers or other content;
- restrict user’s use of website;
- temporarily or permanently exclude (block) user from website.
12.2 MorningCroissant takes the legitimate interests of the user in question into consideration when choosing these measures.
12.3 Rental contracts, which have already been concluded between the user and other users, are not affected by deletion of an offer. Same applies to claims already due commission. If, an offer that was not accepted by a user, is deleted by MorningCroissant no effective rental contract is concluded.
12.4 MorningCroissant has the right to permanently exclude (block) a user from using the website in each of the following cases. In as far as it is reasonable, the user is given prior notification by MorningCroissant so that he has the opportunity to dispel suspicion or seek help. If a previous warning is not reasonable, for example, because the exclusion is necessary to prevent possible damage at MorningCroissant or other media and their users, the user will immediately be informed by MorningCroissant, and then be given the opportunity to comment and receive help. The right to block a user exists when:
in the evaluation system according to article 10, repeated negative evaluations is received and the blocking is necessary to safeguard the interests of other market participants;
- there is false contact information in a member account, in particular, a false or invalid e-mail address;
- a member account is transferred to another party;
- user’s accommodations’ and/or furnishings are significantly damaged, destroyed, stolen, etc.;
- There is good cause due to comparable risk and responsibility of the user.
12.5 Once a user has been permanently blocked by MorningCroissant, she/he is not entitled to re-establishment of the blocked user account or the evaluation profile. The user may not use the website with any other member accounts nor re-register.
13. MorningCroissant’s liability
13.1 MorningCroissant is not liable for the behavior of users. In particular, MorningCroissant shall not be liable for the fulfilling of obligations under the rental contracts concluded between the users, and therefore not for the contractual service provisions in these contracts and/or lease of a responsible party for damages of any kind.
13.2 MorningCroissant has unlimited liability for intent and gross negligence. In the case of slight negligent breach of a primary obligation, or a secondary obligation, which jeopardizes the purpose of the contract, or makes possible the proper execution of the contract in the first place, and compliance with which the customer should be familiar ("essential accessory obligation”), the liability of MorningCroissant is limited to typical, foreseeable damages at contract conclusion.
13.3 MorningCroissant is not liable for the slight negligent breach of accessory obligations, which are not essential accessory obligations found in the abovementioned clause 14.2.
13.4 The abovementioned exclusions of liability do not apply to fraudulent concealment or acceptance of a guarantee of quality, or for the liability of claims on the basis of product liability and for damages resulting from injury to life, body and health. A change in the burden of proof to the detriment of the user is not hereby connected.
13.5 Subject to article 13.2, MorningCroissant shall only be liable for the recovery of data only if the user regularly and with caution made backup copies, which were kept in a safe place, and it is ensured that the data can be reconstructed from these backups at a reasonable cost. In this case, the user carries the burden of proof. Any further liability for data loss is excluded.
13.6 With the exception of claims arising from tort liability, user’s claims for compensation, for which liability is limited according to this article, fall under the statue of limitations clause one year from the statutory limitation period.
13.7 In as far MorningCroissant’s liability is excluded or limited, same also applies to the personal liability of its employees, workers and other staff and vicarious agents
14. Closing provisions
14.1 The headings in this contract are for convenience only and are not to be considered in the construction of the contract.
14.2 MorningCroissant has the right to transfer its rights and obligations in this contract in whole or part to a third party.
14.3 This contract shall be governed exclusively by the substantive laws of France with the exception of the UN Convention on the International Sale of Goods.
14.4 Should any individual provision of these GTC be or become wholly or partially invalid, the remaining GTC’s are still valid. In the event of such invalidity, the parties will replace the invalid provision with a similar, legally binding substitute provision. Same applies in the case of a regulatory gap.
14.5 All statements within the context of the concluding a user contract must be sent in writing or by e-mail to MorningCroissant. The postal address and e-mail address of a user must be those that are specified as current contact data in the user’s member account.
14.6 The English version of these GTC is for convenience only and is not to be considered legally binding. Only the French version of these GTC shall be legally binding.