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Terms of Use

These general terms of use (“Terms of use”) apply to users (collectively “Users” or individually a “User”) of the website accessible through the URL  www.MorningCroissant.com and other related URL (the “Website”) managed by the company MorningCroissant (“MorningCroissant”).

The terms are current to February 11, 2015; they cancel and replace any previous version.

 

DEFINITIONS

For the purpose of understanding and simplification of certain words used in these Terms of use, it is first stated that:

The definitions given for a word in the singular form shall also apply when the word is used in the plural form and vice versa.

 

1. LEGAL NOTICE

1.1       Editor of the Website

Corporate name : MorningCroissant

Legal form : French société par actions simplifiée

Share capital : 113.621 euros

Head office : 12, rue Vivienne, Lot 3, 75002 Paris, France

Paris Trade and Companies Register Number: 531 382 430

Telephone: +33 (0)1.84.16.47.85

Managing editor of the Website: Monsieur Alix Tafflé

MorningCroissant holds the professional card No.G5982 marked “gestion immobilière” (property management in French) issued by the Paris Police Prefecture. Its guarantor is the “Compagnie Européenne de Garanties et Cautions“, 128 rue de la Boétie, 75378 Paris Cedex 08.

 

1.2       Host provider

Corporate name : ONLINE

Legal form : French société par actions simplifiée

Head office: BP 438 75366 Paris Cedex 08

Paris Trade and Companies Register Number: 433 115 904

Telephone: +33 (0)1 84 13 00 00

 

 2. PURPOSE AND SCOPE OF THE TERMS OF USE

These Terms of use rules the Services provided by MorningCroissant.

2.2       By accessing to and/or using the Website and the Services of MorningCroissant the User is deemed to have unconditionally and without reserves accepted the Terms of use and all of its provision.

2.3       The Terms of use apply during the whole duration of the User’s navigation and access on the Website and for the whole duration of the User’s utilization of the Services provided.

2.4       The Terms of use are part of the User Agreement and the Rental Agreement (such as defined below). It cannot be derogated to the application of these Terms, not even by a mutual agreement between the parties thereto.

2.5       MorningCroissant reserves the right to modify the Terms of use from time to time. Any changes that are made will be effective as soon as they are available online on the Website. Therefore, the User is asked to regularly check the Website in order to stay informed of any modification or update made to the Terms of use.

 

3. PRIOR INFORMATION

3.1       When the Accommodation is proposed on the Website under the form of a sublease, the Lessor firmly commits, in accordance with article 8 of the French law No. 89-462 of July 6, 1989 (i) to obtain the written consent of the owner and give it to the Tenant together with the copy of the current lease and (ii) not to sublet at a higher price than his own rent.

3.2       Prior to the online publication of each rental ad on the Website and whenever applicable, the Lessor firmly commits, by ticking the box provided for this purpose, to declare on his honor to comply to the provisions of Article L. 324-1-1 of the French Tourism Code (obligation to report to the mayor of the municipality where the accommodation offered for rent is located in the event of secondary residence -  obligation de déclaration auprès de la mairie de la commune où est situé l’hébergement proposé à la location en cas de résidence secondaire) and the provisions of Article L. 631-7 of the French construction and housing Code (prior approval for the change of use is case of repeated rental for short periods -  autorisation préalable du changement d’usage en cas de locations répétées pour de courtes durées).

 

4. REGISTRATION

4.1       The registration and publication of rental ads online on the Website are free.

4.2       Any registration priory requires that the person making the request has expressly agreed to the Terms of use and that he or she accepts to comply with the terms at all times.

4.3       The registration procedure on the Website is as follows:

 

4.4       A User may be registered only once. As such, MorningCroissant may ask the User to provide any evidence to verify the accuracy of the information provided.
MorningCroissant reserves the right to refuse, after verification, any new registration of a User violating the Terms of use, or to cancel without notice the registration if it has already been done.

4.5       In the event that a User is aware of a usurpation of his or hers login information, MorningCroissant cannot be held responsible in any case and the User agrees to immediately notify MorningCroissant of this situation by sending an e-mail to the following address: contact@morningcroissant.com.

4.6       Registration is strictly reserved to individuals aged at least 18 years, companies and partnerships with the capacity to perform legal acts.
However, when booking an Accommodation on the Website on behalf of a minor, only his/her parents may make the reservation on the Website.
The parents of the minor expressly commits to inform MorningCroissant of this reservation and to vouch for compliance by the minor of all obligations of the Tenant under provision of the Rental Agreement. Where appropriate, MorningCroissant may require a written parental discharge.

4.7       All registration done in the name and on behalf of a company or partnership is necessarily carried out by the legal representative of the legal person or any other person duly authorized to that effect. MorningCroissant reserves the right to request any document or information to justify this quality or authorization.

4.8       The User Agreement, of which the Terms of use are part, is an agreement in the meaning of article 6 of the French law n°70-9 of January 2nd, 1970, as modified referred to as “Loi Hoguet”.

 

5. USE OF THE WEBSITE

5.1       By the Lessor

5.1.1   Any User may publish on the Website the rental ads relating to the Accommodation which he wishes to make available for the Users.

5.1.2  Any online publication of a rental ad on the Website is subject to the acceptance of the Terms of use.

5.1.3  The Lessor who wishes to publish a rental ad on the Website must go to the tab "List your space" (“Déposez votre annonce”) and fill in an online form in the fields designated as mandatory. He or she indicates the location of the housing, the main information (area, type of accommodation, partial or total rent, number of persons authorized) and fixes the rental price, in order to let the Users know the essential characteristics of the Accommodation and the terms of the rental offer.

5.1.4  The Lessor may also provide additional guidance to his rental offer and thus give precisions about for example the amount of any deposit, the amount of additional costs such as cleaning fees at departure, or the possibility of cancellation pursuant to the cancellation policy provided for in article 11 of the Terms of use. When some additional costs cannot reasonably be calculated in advance, the Lessor mentions that they may be payable.

5.1.5  In addition, the Lessor can indicate additional rules applicable within the use of the Accommodation (the “Rules”). It is clear that these rules are complementary to the Terms of use and can in no way substitute the implementation of the Terms of use. In case of conflict between the Rules and Terms of use, the Terms of use will prevail.

5.1.6  MorningCroissant does not neither have any control nor apply any prior approval on the contents of the rental ad published by the Lessor, nor on the subsequent amendment thereof from the Lessor. MorningCroissant can in no event be held responsible if the information given by the Lessor on the rental ad is false or inaccurate. This does not prejudice the possibility of the Tenant to take action against the Lessor.

5.1.7  As a result, the Lessor must always check with greatest care the accuracy and reliability of the information given in his or hers ad as soon as it is published and must inform MorningCroissant of any inconsistencies between the information given in the online form and the ad as it appears on the Website.

5.1.8  It is also the Lessor’s responsibility to update the information of the Accommodation on the Website.

5.1.9  It is the Lessor’s personal responsibility to undertake all the formalities of protection and insurance of the Accommodation In the same way, each Lessor shall ensure that its rental offer does not infringe the right of third parties. Especially, the Lessor which is not the owner of the Accommodation commits to obtain the written consent of the owner to sublease.

5.1.10    The Lessor declares on his honor to comply to the provisions of Article L. 324-1-1 of the French Tourism Code (obligation to report to the mayor of the municipality where the accommodation offered for rent is located in the event of secondary residence -  obligation de déclaration auprès de la mairie de la commune où est situé l’hébergement proposé à la location en cas de résidence secondaire) and the provisions of Article L. 631-7 of the French construction and housing Code (prior approval for the change of use is case of repeated rental for short periods -  autorisation préalable du changement d’usage en cas de locations répétées pour de courtes durées) by ticking the box provided for this purpose.

5.1.11   In addition, the Lessor has the right to insert photographs illustrating the ad published on the Website. As such, any photograph illustrating the rental ad and published on the Website shall at all times comply with article 6 and 7 of the Terms of use.

5.1.12    MorningCroissant can in no way be held responsible for the content of photographs inserted as illustration of a rental ad. MorningCroissant refrains from commercializing these photographs and from perceiving any remuneration as such.

5.1.13    The User Agreement under the provision of article 4 of the Terms of use will be applicable to the Lessor as long as he remains a User of MorningCroissant.

 

5.2       By the Tenant

5.2.1  Any Tenant who uses MorningCroissant expressly accepts the Terms of use.

5.2.2  The Tenant who makes a reservation for an Accommodation agrees to have read the information and conditions provided by the Lessor and/or MorningCroissant.

5.2.3  The Tenant refrains from using the Services of MorningCroissant for illegal or immoral purposes.

5.2.4  Any User who makes an online booking for an Accommodation will only be able to cancel his booking under the conditions laid down in article 11 of the present Term of use.

5.2.5  The User Agreement under the provision of article 4 of the Terms of use will be applicable to the Tenant as long as he or she remains a User of MorningCroissant.

 

6. USER CONDUCT

6.1       By registration on MorningCroissant and adhering to the Terms of use, as well as pursuing the use if the Services provided, the Users agree  :

6.2       In case of violation of these rules, besides the right to delete litigious messages, MorningCroissant reserves the right to suspend and/or deny the access of Users to the Services and to their account, without neither notice nor compensation.

6.3       If a rental ad is deleted by MorningCroissant, this will not affect the Rental Agreement already entered and the commissions due. In addition, an ad deleted by MorningCroissant before being accepted by a User obstructs the conclusion of a Rental Agreement.

 

7. PROHIBITED CONTENT

7.1       All Users agree not to upload on the Website contents that are likely to :

7.2       In case of violation of these rules, besides the right to delete the litigious content, MorningCroissant reserves the right to suspend and/or deny the access of the User to the Services and to his or hers account.

7.3       In addition, MorningCroissant reserves the right to take legal action against any User violating these rules.

 

  8. PARAMETERS OF THE RENTAL OFFER AND CONCLUSION OF THE RENTAL AGREEMENT

8.1       Any rental offer made by the Tenant must be regarded as inviting without obligation the Users to make a proposal for the conclusion of a Rental Agreement between the Lessor and the Tenant (the “Rental Agreement”) under the provisions set by the Lessor in the rental ad online.

8.2       The booking process on the Website for concluding a Rental Agreement between the Lessor and the Tenant is as following  :

8.3       It is stated that MorningCroissant shall in no event be held responsible for any failure of the Lessor and/or Tenant to comply with their obligations under the Rental Agreement.

 

9. PRICE AND FINANCIAL CONDITIONS

9.1       MorningCroissant performs an intermediary activity by connecting Tenants and Lessors through the Website. This intermediary activity is paid, in case of the conclusion of a Rental Agreement between a Tenant and a Lessor, by a commission (hereinafter, the “Commission”), which is a percentage of the rental price of an Accommodation, distributed as follows:

9.2       MorningCroissant reserves the rights to occasionally change the amount of the Commission that will be covered exclusively by the Tenant or the Lessor, depending on the case. Any change will immediately be applicable to the Rental Agreements concluded after the update figures on the Website.

9.3       MorningCroissant also reserves the right to charge additional fees for all procedures, including by telephone, done by MorningCroissant on request and for the benefits of the Lessor, for example in case of a customized estimation, a payment by deferred transfer, a changing of arrival and departure date, a change of accommodation or the extension of a stay in the Accommodation.

 

10. PAYMENT

10.1    All Users who make a booking rental on the Website are required to pay the total price of the booking by credit card (Carte Bleue, Visa™, MasterCard™, and American Express).

10.2    Each payment will give right to the sending of a payment ticket and an invoice to the Tenant after acceptance of the booking by the Lessor.

10.3    In case of refusal of the payment with credit card MorningCroissant reserves the right to cancel the Tenant’s booking without neither notice nor compensation and to apply a penalty of fifty (50) euros for claims of unpaid. This penalty will automatically be credited on the benefit of MorningCroissant for each defaulted payment.

10.4    The payment is debited by MorningCroissant when validating the reservation, being stated that the total amount of the payment cannot be transferred to the Lessor, net of the Commission of MorningCroissant, only if within twenty-four (24) hours after his installation in the housing covered by the Rental Agreement the Tenant does not notify any justified challenge to MorningCroissant, relating for example the non-compliance of the lease with the provisions of the Rental Agreement.

10.5    The amount corresponding to the payment of the reservation is maintained for the benefit of the Lessor on a deposit account in the name of MorningCroissant (which does not earn interests).

Generally speaking and before publishing an ad on the Website, the Lessor expressly gives a mandate to MorningCroissant  to receive in his name and on his behalf all sum or amount in the occasion of a booking made on a Accommodation by the Tenant on the Website.

10.6    MorningCroissant reserves the right to cancel a booking request if the security of the payment cannot be verified, especially in case of payment made outside of the 3D Secure protocol.

In case of a fraudulent payment including the case of repudiation after booking and where the rent has already been paid to the Lessor, MorningCroissant reserves the right to require that amount over the Lessor’s next rentals on the Website.

10.7  In some cases, MorningCroissant may cash and repay to the Lessor sums concerning the deposit or any additional fee.

 

11. CANCELLATION POLICY

11.1.  By the Tenant

11.1.1    An owner can choose between the 3 possible cancellation policies detailed below: flexible, semi-flexible or strict. The chosen policy is automatically and clearly stated on the description page of each accommodation.

11.1.2    Once a booking is confirmed, the cancellation procedure cannot be modified and both parties undertake to comply. The party who cancels (Tenant or Lessor) will both imperatively have to contact the other party by email and MorningCroissant by email (contact@MorningCroissant.com) or by confirming the cancellation directly from their User account (Tenant) on the Website. It is the date on which the email is sent which is to be relied upon.

11.1.3 A cancellation has no official status until the traveler (Tenant) receives a confirmation by e-mail from MorningCroissant.

 

11.1.4    Flexible cancellation policy:

MorningCroissant will retain all service fees due by the guest

To receive a 50% refund, the cancellation must be made more than 1 full day before the check-in date (GMT +1). Example : before 23:59 on friday 1st March for a check-in date on saturday 2nd March.
To receive a 75% refund, the cancellation must be made more than 5 full days before the check-in date (GMT +1). Example : before 23:59 on friday 1st March for a check-in date on saturday 9th March.
To receive a 100% refund, the cancellation must be made 30 full days before the check-in date (GMT +1). Example : before 23:59 on friday 1st March for a check-in date on wednesday 1st April.
For any partial cancellation, there will be no refund.

 

11.1.5    Semi-flexible cancellation policy:

MorningCroissant will retain all service fees due by the guest

To receive a 25% refund, the cancellation must be made more than 1 full day before the check-in date (GMT +1). Example : before 23:59 on friday 1st March for a check-in date on saturday 2nd March.
To receive a 50% refund, the cancellation must be made more than 7 full days before the check-in date (GMT +1). Example : before 23:59 on friday 1st March for a check-in date on saturday 9th March.
To receive a 100% refund, the cancellation must be made 30 full days before the check-in date (GMT +1). Example : before 23:59 on friday 1st March for a check-in date on wednesday 1st April.
For any partial cancellation, there will be no refund.

 

11.1.6    Strict cancellation policy:

MorningCroissant will retain all service fees due by the guest

There will be no refund for any cancellation made less than 7 full days before the check-in date (GMT +1). Example : before 23:59 on friday 1st March for a check-in date on saturday 2nd March.
To receive a 50% refund, the cancellation must be made more than 7 full days before the check-in date (GMT +1). Example : before 23:59 on friday 1st March for a check-in date on saturday 9th March.
For any partial cancellation, there will be no refund.

 

11.2    By the Lessor

11.2.1    In case of unjustified and/or abusive cancellation by the Lessor before the beginning of the lease and besides cases of force majeure, for example in case the Lessor forgets the booking, has a double-booking or cancels for personal reasons, the Lessor shall pay to MorningCroissant a fixed penalty (the ” Fixed Penalty”) as compensation for the damage suffered. This Penalty is equal to the amount fixed in the cancelled Rental Agreement. In addition, the Lessor is liable to be removed from the Website by MorningCroissant for an indefinite period.

MorningCroissant reserves the right to automatically charge the Fixed Penalty on the amount of the future rent received by the Lessor, until this amount is fully recovered in favor of MorningCroissant.

 

12. TECHNICAL INTEMEDIARY

12.1    MorningCroissant is a technical intermediary as defined in article 6.I-2 of the French law No.2004-575 of June 21st, 2004 for trust in digital economy, (the ”LCEN”). MorningCroissant’s activity is limited to making available to Users an online platform, through which it is possible, on the one hand, to publish and host rental ad, and on the other hand, to conclude Rental Agreement between Lessors and Tenants, as well as other related services (such as the publication of Users opinions).

12.2    Therefore, MorningCroissant can in no case be held responsible for the presence of illegal content on the Website if it did not know their illegal nature or the facts or circumstances that made it illegal, or if after having been notified of the illegal nature of the contents, under the provision of article 6.I-5 of the LCEN, MorningCroissant promptly removed the content or made any access to it impossible.

 

13. REAL ESTATE AGENT

13.1    MorningCroissant holds the professional card No.G5982 marked “gestion immobilière” (property management in French) issued by the Paris Police Prefecture, allowing to secure the payment, the collection of rents and the transactions realized between the Users as a mandatary, according to the provisions of the French law No.70-9 of January 2nd, 1970 modified, called “Loi Hoguet” and of the French decree No.72-678 of July 20th, 1972.

13.2    Due to the way Internet works and because of the immaterial and electronic nature of the services offered by MorningCroissant, it is technically impossible to control the quality, the safety, the security or the legality of the [Biens Proposés] on the ads which are published directly by the Users. MorningCroissant cannot provide the usual advice Users are entitled to except from a classic real estate agent within the meaning of the above texts. The Users expressly agrees to have acknowledged these limitations.

13.3    Accordingly, the Lessor firmly and irrevocably guarantees MorningCroissant against all claims, demands and more generally against any action towards MorningCroissant made by a Tenant who is dissatisfied with the provision of the lease and the disposition of the Accommodation (inaccurate description, price, location, safety, etc.).

13.4    In the events of legal proceeding against MorningCroissant for the actions of a Lessor, he or she is committed to hold MorningCroissant harmless of all convictions pronounced against him.

 

14. RESPONSABILITY OF MORNINGCROISSANT

14.1    For the use of the Website

14.1.1   No warranty is given to the Users concerning :

14.1.2   In no case MorningCroissant could be held responsible for any damages, direct or indirect, material or immaterial, foreseeable or unforeseeable (including loss of profit or opportunity) arising from he supply and/or use  or of the total or partial impossibility to use the features of the Website, or any reason whatsoever, including force majeure.

14.1.3   In any event, the User declares to know the characteristics and limitations inherent to the Internet network, especially its technical performance, the response time for consulting, querying or transferring data and the risks dues to the safety of the communication.

 

14.2    For Rental Agreements

The User acknowledges that by acting as a mere intermediate, MorningCroissant is not a party to any Rental Agreement between a Lessor and a Tenant, and cannot in any case be liable for the respect of its terms nor the respect of the lease provisions offered directly by the Lessors to the Users.

 

15. LINKS

15.1.  The links eventually found on the Website that may provide access to other third-party website, have no other aim than to make User information and research easier.. MorningCroissant can in no case be held responsible for any legal consequences related to the access to these websites through the Website.

15.2.  Any hyperlink on the Website, regardless of the type of link, must be receive prior authorization from MorningCroissant, acting in the name and on behalf of the rights holder concerned, in paper or electronic form. The User agrees not to publish hyperlinks, especially on his profile page, in the rental lads and/or in the opinions that he leaves on the Website.

15.3.  Any disputed links observed by MorningCroissant and/or which has been notified by a User and/or a third-party, shall immediately and without delay be removed on request from MorningCroissant.

15.4.  If after a written notification of MorningCroissant, the User has not complied with the provisions of the article, MorningCroissant reserves the rights to directly remove the disputed link and in case of recidivism to suspend and/or permanently removed the User’s account.

 

16. EXCLUSION OF RIGHT OF WITHDRAWAL

Users are informed that they have no right to withdrawal one the Rental Agreement is concluded between privates and that in any event, the Services hosted are services in the sense of article L. 121-21-8 12° of the French consumer Code. Therefore, the confirmation of the booking of a Accommodation definitely engages the Tenant that may only cancel the Rental Agreement under the provisions of article 11 above.

 

17. RATING SYSTEM AND OPINIONS

17.1.  Once the Rental Agreement is ended, the Website provides Users a rating system by which they can evaluate the Accommodation on a scale of 1 to 5 stars, and publish a review. The ratings and reviews are intended to inform users on the level of trust that is granted to the Lessor and the quality of Accommodation. Thus, they enable Users to conclude Rental Agreements knowingly.

17.2.  While rating, the User agrees to give only truthful information and to comply with legal requirements. The rating given should not affect the right of third parties. Rating must be done in good faith and be free of insulting comments.

17.3.  Any use of the rating system contrary to the purpose of the system is forbidden. It is especially forbidden for the User to rate themselves, or through third parties, or to mention in the reviews circumstances that have no connection with the execution of the basic contract or use the rating for any purpose other than trade on the Website.

17.4.  Therefore MorningCroissant can in no way be held legally responsible for the rating comments, even if those were defamatory.

17.5.  MorningCroissant does not control the rating system in the sense that MorningCroissant does not change or withdraw the deposited ratings. MorningCroissant is therefore not responsible of defamatory comments. Generally, once posted the ratings cannot be changed. They are stored in the User’s rating profile and can be viewed by all members.  

17.6.  However, if a user has made an improper use of the rating system, MorningCroissant may exceptionally withdraw a review. Such is the case in the cases mentioned below (this is a non-exhaustive list):

17.7.  If the Lessor and the Tenant have agreed, they can by themselves withdraw the rating posted. The rating point is removed and is no longer included in the calculation of the rating profile. However, the comment is maintained and supplemented with an indication of withdrawal.

 

18. DURATION

The User Agreement is a contract of indefinite duration.

A Rental Agreement shall ends at term it provides.

 

19. TERMINATION

19.1    The Tenant may at any time terminate its registration by sending an email to  : contact@morningcroissant.com

19.2    The Termination of the User Agreement does not affect in any way the Rental Agreements already entered with other Users and the due Commissions. The deletion of a User’s account does not remove the User’s profile in the context of the evaluations.

19.3    The termination will have no impact on current Rental Agreements to which the User is a party to and he or she will be required to comply with these terms and obligations under any Rental Agreements and until its term.

19.4    Termination shall take effect upon receipt by the User of an e-mail from MorningCroissant confirming the termination of his account.

 

20. PERSONAL DATA PROTECTION

20.1.  The Website has been declared to the French Data Protection Authority (“CNIL”) under the number 1568273- V0.

20.2.  In accordance with the French Act No. 78-17 of January 6, 1978, Loi Informatique, fichiers et libertés, modified, (the “Act”) and the provisions relating to the protection of personal data, the personal data concerning the Users (the “Data”) is required to process their requests. MorningCroissant is responsible for processing this Data pursuant to this Act.

20.3.  Some data are necessarily provided to MorningCroissant, they are reported visibly with an asterisk near the fields concerned. Without communication of these Data by Users, their requests cannot be processed. The other information requested is optional.

20.4.      MorningCroissant may need to collect and process the following Data : (i) information on the identity of the User (title, last and first names, address, place and date of birth, nationality), (ii) photographs or pictures relatives to an Accommodation, (iii) information from tracking the company relationship with the User; particularly correspondence, exchanges, and comments made by e-mail or through the Website; subscription requests for e-newsletters; records of accesses to, use of, and changes of information on the User's public profile on the Website, (iv) Data relating to the means of payments, including credit card number and date of expiry, (v) Data relating to any use or lease especially transaction number, detail of the purchase, of the subscription or service purchased, (vi) Data on invoice regulation (vii) Data relating to the selection of persons for loyalty-programs, prospecting, survey, product test and promotion, (vii) Data on the organization and processing of competitions, lotteries and any promotional operation, (viii) Data on the contribution of Users who submit opinions on the Website, (ix) technical data, such as the IP address of the Internet connection from which the User logs onto the Website; as well as the information stored on the User's terminal equipment, particularly that which enables electronic communication with the User by recognizing him or her on successive visits to the Website (“Cookies”)..

20.5.  The purposes of processing User Data include (i) customer management related operations such as those concerning contracts, including the User Agreement and the Rental Agreement, invoices, accounting, and in particular management of the customer account and monitoring of the customer relations, (ii) conduct operations prospecting operations (iii) the development of trade statistics (iv) the sale, lease or exchange of customer files, (v) the organization of competitions, lottery or any promotional operations, (vi) the processing of claims relating to the right of access, rectification and opposition (vii) management of delinquency and litigation, (viii) management of User reviews on products, services or contents, (ix) communication and monitoring of the relationship with users, including through electronic newsletters.

20.6.  Users expressly consent to the collection and automated processing by MorningCroissant of the Data collected on the Website.

20.7.  Moreover, the Users data may be used for marketing purposes by sending promotional and commercial offers as provided by the Act.

20.8.  The Data can also be transmitted to MorningCroissant’s partners for marketing purposes unless opposition from the User is expressed during or after the booking by sending an e-mail to the address below.

20.9.  The Data will be stored in compliance with the duration mentioned in the Act depending on their nature and purpose. In particular :

 

After this period of three years, MorningCroissant can reconnect with the person to see if she wants to continue to receive commercial offers. In absence of explicit and positive response from the person, the Data will be deleted or archived according to the provision in force, including those provided by the French Commercial Code, Civil Code or Consumer Code.

Data relating to credit cards are managed and secured by the payment provider Paybox, and will be removed by him after the transaction is completed, that is to say, from the actual payment. MorningCroissant does not hold or retain any Data related to User’s credit card.

20.10.   Any User who proves his or hers identity has the right to question MorningCroissant in order to obtain: (i) confirmation that the Data is not or will not be subject to processing (ii) Data relative to the purposes of the processing, (iii) where appropriate, Data relating to a considered transfers of information to a State that is not a member of the European Union, (iv) the communication in an accessible form, of the Data regarding the use of any available Data as well as is origin, (v) Data allowing to know the logic and the challenges of the automatic processing in case a decision taken on the basis of this and producing legal effects with regards to the person concerned.

20.11.   A copy of the Data is delivered to the User at his request. MorningCroissant may oppose to grossly unfair demands, which are unfair by their number, their repetitiveness or their systematic nature.

20.12.   In general, Users have the right to access, oppose, get rectification and deletion related to all Data to MORNINGCROISSANT – 12, rue Vivienne, Lot 3, 75002 Paris. Any request of this kind must be sent by e-mail, along with a valid and current proof of identity at the following address: contact@morningcroissant.com.

20.13.   MorningCroissant’s response will be sent to the User within 15 days of receipt of the complete application of the User.

 

21. COOKIES

21.1.      When accessing the Website, a cookie may be installed automatically and stored temporarily in memory or on the hard disk of the User, to facilitate navigation. A cookie does not allow identifying the User MorningCroissant but is an element that is used to record information relating to navigation on the Website (which pages were visited, the date and time of visit, etc.) that MorningCroissant will be able to read during the User's subsequent visits.

21.2.      .The User may refuse the registration of cookies by modifying the settings in their browser. However, this operation will delete all the cookies used by the browser, including those employed by other websites, which can lead to the alteration or loss of certain settings or information. Removing cookies may alter or even make it difficult navigation on the Website.

21.3.  The User can block cookies by configuring their browsers as follows :

 

For Microsoft Internet Explorer 6.0 and higher:

1. Go to the Tools menu, and then click Internet Options.

2. Click on the Confidentiality tab.

3. Move the slider to select the desired level.

 

For Microsoft Internet Explorer 5:

1. Go to the Tools menu, and then click Internet Options.

2. Click on the Security tab.

3. Select Internet and then Custom Level.

4. Locate the Cookies heading, and choose the security level you prefer.

 

For Netscape 6.X et 7. X :

1. Go to Edit in the menu bar, and click on Preferences.

2. Privacy and Security

3. Cookies

 

For Firefox:

1. Choose the Tools menu, and select Options.

2. Select the Privacy panel.

 

For Safari 3.x for Mac OS X:

1. Select the Edit menu.           

2. Click on the Preferences option.

3. Click on the Security option.

4. Click on Display Cookies

 

22. INTELLECTUAL PROPERTY

22.1.  The Website, its content and all of its component are creations for which MorningCroissant owns all the intellectual property rights and/or exploitation rights, particularly under the copyright law, law of databases, trademark law and rights of design.

22.2.  The Website, as well as the software, databases, text, information, analyzes, images, photographs, graphics, logos, sound or any other content on the Website are the sole property of MorningCroissant or, where appropriate, of its respective owners with which MorningCroissant has agreements to use.

22.3.  It is granted to the User the right to non-exclusive, non-transferable and in private, of the Website and the data contained on the Website. The right consist of (i) a right to consult online data and information contained on the Website and (ii) a right of reproduction consisting of printing and/or saving consulted data and information. This right of use applies only to a strictly private use.

22.4.  Any other use of the Website from the User, including commercial use, is prohibited. The User agrees not to, [notamment], reproduce and/or represent for any use other than private, sell, distribute, transmit, translate, adapt, disseminate and communicate full or in part in any form whatsoever any element, information or date of the Website, or create derivative works based on it. 

22.5.  In addition, the User agrees not to introduce, by any means whatsoever, any data that may modify or interfere with the content or presentation of the Website beyond what is strictly required for the needs of uploading and leasing of an Accommodation.

22.6.  It is recalled that all hyperlink to the Website, regardless of the type of link, must be subject to prior authorization from MorningCroissant, acting for and behalf of the rights holder concerned

Il est rappelé que tout lien hypertexte avec le Site Internet, quel que soit le type de lien, doit faire l'objet d'une autorisation préalable de MorningCroissant, agissant au nom et pour le compte du titulaire du droit concerné, on paper or electronically.

 

23. INSURANCE

23.1    As a registered insurance intermediary by ORIAS (registration no: 14005432), MorningCroissant offers to any Tenant, through the firm Albinet, an insurance ("ADAR-RL") for rental risks (Risques Locatifs) included in the rental price and without any extra charge. The details of this insurance and the Albinet cabinet are available for the Users on the Website at the following address: https://www.morningcroissant.com/insurance.

23.2   Besides, Morningcroissant provides any Tenant with the option to subscribe to a premium insurance policy, should the Tenant wishes so. This is the ADAR-PLUS insurance that covers the same rental risk as ADAR Risques Locatifs and additional risks such as cancelled trips (due to illness, accidents...) and non-compliance of the rented property. The details & conditions of this insurance are available for the Users on the Website at the following address: https://www.morningcroissant.com/insurance. Note that MorningCroissant won't be able to offer the "ADAR-RL" insurance on top of the ADAR-PLUS insurance to any Tenant subscribing to the ADAR-PLUS insurance.

23.3   MorningCroissant is in this context only an intermediary and cannot be held responsible for the management of claims to the Insurer. Therefore, Users are advised to state any claims directly to the firm Albinet.

 

24. APPLICABLE LAW AND JURISDICTION

These Terms of use shall be governed by French law. These Terms of use are available in both French and English. In case of dispute, the French version shall prevail.

Any dispute concerning their interpretation and/or enforcement will be the exclusive jurisdiction of French courts.

 

25. SUMMARY OF LEGAL PROVSIONS APPLICABLE

 

French Act No. 89-462 of July, 6, 1989

Loi n° 89-462 du 6 juillet 1989

 

Article 8

The tenant may not transfer the Rental Agreement, nor sublet the accommodation unless he has the written consent of the lessor, including on the rental price. The rent per square meter of living space in case of sublease cannot exceed the price due by the main tenant. The tenant transmits to the sub-tenant the written consent of the lessor and a copy of the current lease.

Upon termination of the main contract, the sub-tenant cannot claim any rights against the Lessor nor on any title of occupation.

The other provisions of this Act shall not apply to the sub-lease.

 

The following legal provisions are applicable to furnished tourist accommodations.

 

French Tourism Code

 

Article L324-1-1

Any person offering to rent a furnished accommodation, whether it is classified or not in the sense of this Code, must have previously reported it to the mayor of the municipality where the accommodation offered for rent is located.

This prior declaration is not required when the accommodation is the principal residence of the Lessor, within the meaning of Article 2 of Act No. 89-462 of July 6, 1989 to improve tenancy relationships modifying the Act No. 86-1290 of December 23, 1989.

 

Article L324-2

Any offer or seasonal rental contract must be written and must state the asking price and a description of the premises.

 

Article L324-2-1

Any person who engages or assists against remuneration by an activity or through negotiation or by the provision of a digital platform for the renting of an accommodation subject to article L. 324-1-1 of the present code and articles L. 631-7 and following of the Code of Construction and housing informs the Lessor of the prior reporting obligations and authorization under these articles and gets from him, prior to the leasing of the property, an affidavit attesting the compliance with these obligations.

 

French Code of Construction and Housing

Article L631-7

This section applies to municipalities with more than 200.000 inhabitants and those of the Hauts-de-Seine, of the Seine-Saint-Denis and of the Val-de-Marne. In these towns, the change of use of premises for housing is, under the conditions laid down by article L. 631-7-1, subject to prior authorization.

Are premises for housing all categories of housing and their annexes, including sheltered housing, caretaker’s accommodation, service room, staff housing, housing included in a commercial leased, furnished premises leased under the conditions of article L. 632-1.

For the purpose of this section, a local is renowned for residential use if it was to commercial use by January 1st, 1970. This assignment can be established by any type of evidence. Premises built after January 1st, 1970 or which have suffered work with the result of changing its destination after that date are deemed to have the use for which the construction or work is allowed.

However, when an administrative authorization subordinate to a compensation was granted after January 1st, 1970 to change the use of premises mentioned in the preceding paragraph, the premises authorized for a change of use or the premises used as compensation are deemed to have the use which is mentioned in the authorization.

Are automatically void any agreements or contracts concluded in violation of this section.

Renting a furnished room for the house repeatedly for short periods to transient customer who do not elect domicile is a change of use within the meaning of this section.

 

Article L631-7-1 A

A decision of the municipality council may set a temporary authorization regime change of use allowing an individual to rent for short periods of premises for housing to transient guests who do not elect domicile.

The decisions sets the conditions for issuing this temporary authorization by the mayor of the municipality in which the property is situated after notice, in Paris, Marseille and Lyon, of the borough mayor concerned. It also determines the criteria for this temporary authorization, which may relate to the duration of rental contracts, on the physical characteristics of the local as well as its location based features including residential premises markets and the need not to worsen the housing shortage. These criteria can be adjusted according to the number of permits granted to the same owner.

If the town is a member of a public institution of intercommunal cooperation competent for local urban plan, the decision is taken by the governing body of the institution.

The accommodation for housing entitled to this temporary authorization does not change its destination, as defined in 2° of II of article L. 123-1-5 of the French Urban planning Code.

When the accommodation for housing is the principal residence of the Lessor, within the meaning of article 2 of Act No. 89-462 of July 6, 1989 to improve tenancy relationships modifying the Act No. 86-1290 of December 23, 1989, the changing of authorization under the article L. 631-7 of this Code or as provided in this article is not necessary in order to rent it for short periods to transient customers who do not elect domicile.

 

Article L631-7-1

Prior authorization to the change of use is issued by the mayor of the municipality in which the property is located, after notice, in Paris, Marseille and Lyon, of the borough mayor concerned. It may be subject to compensation in the form of the concomitant transformation into residential premises with another use.

The authorization to the change of use is granted on a personal basis. It ceases to have effect upon termination, permanently, for any reason whatsoever, of the professional practice of the recipient. However, when the authorization is subject to compensation, the title is attached to the local and not the person. The local offered in compensation are listed in the permit which is issued to the property file or registered in the land.

The use of the premises as defined in Article L. 631-7 is in no way affected by the thirty-year prescription provided for in Article 2227 of the Civil Code.

For the purposes of Article L. 631-7, a decision of the City Council sets the conditions under which the authorizations are issued and compensation determined by neighborhood and, if necessary, by district, given the social diversity goals , in particular on the characteristics of residential premises markets and the need to avoid worsening the housing shortage. If the town is a member of a public institution competent intercommunal cooperation in local plan, deliberation is taken by the governing body of the institution.

 

Article L631-7-2

For the purposes of Article L. 631-7, a decision of the City Council sets the conditions under which the authorizations are issued and compensation determined by neighborhood and, if necessary, by district, given the social diversity goals , in particular on the characteristics of residential premises markets and the need to avoid worsening the housing shortage. If the town is a member of a public institution competent intercommunal cooperation in local plan, deliberation is taken by the governing body of the institution.

 

Article L631-7-3

Since no contractual provision in the lease or condominium rules otherwise, the exercise of a professional activity, including a commercial one, is allowed in part of a local for residential use, when the activity in question is exercised by the occupant having their principal residence in this room and led to receive either customer or goods.

The provisions of this Article shall apply to the legal representatives of legal persons.

 

Article L631-7-4

If no contractual provision in the lease or condominium rules otherwise, the exercise of a professional activity, including commercial, is allowed in part of a housing on the ground floor, provided that the activity in question is exercised by the occupant having their principal residence in that space, that it generates no nuisance or danger to the neighborhood and that it does not lead to any disorder to the frame.

The residential lease this residence is not subject to Chapter V of Title IV of Book I of the Commercial Code and is not an element of the business.

 

Article L631-7-5

I. - Article L. 631-7-2 is applicable to the housing belonging to the organizations referred to in article L. 411-2, except for the exercise of a commercial activity.

 

Article L. 631-7-3 is applicable to the housing belonging to these organizations.

Notwithstanding Article L. 631-7-4, the exercise of a professional activity, including commercial, in part of a housing belonging to these organizations and on the ground floor is subject to an authorization issued under the conditions laid down in Article L. 631-7-2.

II. - The authorization issued pursuant to Article L. 631-7-2 in the cases referred to in the first or last paragraph I of this article is preceded by a notice from the owner of the premises. After a period of one month, the notice is deemed favorable.

 

Article L631-8

When the change of use is the subject of work within the scope of the building permit, the permit application to construct or statement is worth demand for change of use.

This work may be performed only after obtaining the authorization referred to in Article L. 631-7.

 

Article L631-9

In towns other than those mentioned in the first paragraph of Article L. 631-7, the provisions of that article may be made applicable by decision of the administrative authority over the mayor's proposal or for belonging to a common area of urbanization continues over 50 000 defined in Article 232 of the tax Code, by a decision of the governing body of the public institution competent intercommunal cooperation in local plan or, failing that, the municipal council.

Such provisions may also, under the same conditions, be made applicable to only a portion of the town.