Our website uses cookies to offer you an optimal navigation. By continuing your visit to our website, you accept the use of cookies Read more

Terms of use


PREAMBLE

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 October 18, 2019 ; 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: M. Alix Tafflé

1.2 Host provider

Corporate name : ONLINE

Legal form : French société par actions simplifiée

Head office: BP 438 75366 Paris Cedex 08

RCS Paris: 433 115 904

Paris Trade and Companies Register Number: 433 115 904

Telephone: +33 (0)1 84 13 00 00

1.3. Professional Card

MorningCroissant holds the professional card No. CPI 7501 2018 000 025 383 marked “gestion immobilière” (property management in French) issued by the Paris Ile-de-France Chamber of Commerce (CCI). Its guarantor is the “Compagnie Européenne de Garanties et Cautions“, 16 Rue Hoche, Tour Kupka B TSA39999, 92919 PARIS LA DEFENSE CEDEX.

Its professional liability insurance exists under number 127124693 subscribed with MMA IARD, 14 Boulevard Marie and Alexandre Oyon, 72030 Le Mans Cedex 9.

2. PURPOSE AND SCOPE OF THE TERMS OF USE

2.1 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 at any time, in particular to bring them into compliance with applicable legal provisions. The new stipulations will be brought to the User's attention at least fifteen (15) days before their entry into force; the date from which they will automatically apply to the User with their posting on the Website.

Changes to the Terms of use will only be effective for the subscription of Services after the publication of the new Terms of use, unless such modification results from a legal obligation immediately applicable on French territory.

If the User does not wish to accept these changes, he will be asked to notify MorningCroissant its refusal of the proposed amendments and therefore request the deletion of his data by registered letter with acknowledgement of receipt or by email. Otherwise, the proposed modifications will be considered as accepted by the User.


3. PRIOR INFORMATION

3.1 When the Accommodation is available 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 sublease the Accommodation at a higher price than his own rent.

3.2 Prior to the online publication of any rental ad on the Website and whenever applicable i.e. according to the duration of the lease, the Lessor firmly commits, by ticking the box provided for this purpose, to declare on his honor to comply with the legal provisions applicable to the proposed lease, namely and as the case may be:

3.3 MorningCroissant informs the Users who make transactions through its intermediary, whatever their residence’s or establishment’s place are, that they shall declare all income derived from the Website’s use to the territorially competent tax and social authorities in the forms and within the times set for these. As such, MorningCroissant sends to the Users, before January 31st of each year, an electronic document summarizing the gross amount of the transactions made and income received by the Users during the previous year, and of which MorningCroissant has knowledge.

Morning Croissant encourages its users to visit the following sites:

https://www.impots.gouv.fr/portail/node/10841(as regard the tax duties) and

http://www.securite-sociale.fr/Vos-droits-et-demarches-dans-le-cadre-des-activites-economiques-entre-particuliers (as regard the social duties)

in order to acknowledge the information concerning (i) the tax and social regulations which applies to the incomes related to the rental of a furnished accommodation, (ii) the duties of declaration and payment towards the tax administration and the social security bodies, and (iii) the penalties incurred in case of violation of these duties.

In addition, in the context of a rental governed by the provisions of Title I bis of Act No. 89-462 of 6 July 1989, the Tenant may be required to pay the housing tax.

As such, MorningCroissant invites its Users to read the information on the following websites to assess their situation with regard to this tax and its collection:

https://www.service-public.fr/particuliers/vosdroits/F42

https://www.impots.gouv.fr/portail/questions/theme/taxe-habitation/87

The User undertakes, in his use of the Services, to comply with the laws and regulations in force and not to infringe third parties’ rights or public order.

The User is solely responsible for the proper completion of all formalities, in particular administrative, tax, social security contributions and all payments of contributions or taxes of any kind for which he is responsible as the case may be in relation to his use of the Services, and in particular in respect with the income he receives under these terms.

It is recommended that all Users contact their tax office, social security fund or a specialized advisor in case of questions or uncertainties related to the use of the MorningCroissant Services, in order to understand the applicable regulations.


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 of a natural person 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.

MorningCroissant systematically verifies the identity of the Lessor.

In addition, MorningCroissant will verify the identity of the Tenant for any rental with a duration of more than thirty (30) days and/or when the total amount of rents due by the Tenant for one or more rentals over a calendar year is greater than or equal to 1,000 euros.

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: support@morningcroissant.com.

4.6 The Services are exclusively reserved to adults who have the legal capacity to enter into contracts as well as legal persons and partnerships which have 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 and/or the amount of the potential tourist tax. 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 of the House”). It is clear that these Rules of the House 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 of the House 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.

In certain cases, MorningCroissant may offer to Users a virtual visit of the Accomodation. This virtual visit can be carried out at the request of a Lessor wishing to rent his accommodation on the Website, by MorningCroissant or by any third-party service provider. MorningCroissant does not exercise any control or validation of the content of the images from which the visit is made.

Therefore, MorningCroissant can in no event be held responsible if the information or published photos by the Lessor on the rental ad are false or inaccurate. This does not prejudice the possibility of the Tenant to take legal 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 in due time 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 For rentals governed by the provisions of Title I bis of Act No. 89-462 of 6 July 1989, it will be the responsibility of the Lessor to ensure that the rents indicated in its ad and in the Rental Agreement comply with the rules of capping and revision in case of a renewal of the lease. MorningCroissant does not exercise any control or validation of rents and consequently, shall not be held responsible for the rents posted on the Website.

In order to assess their situation with respect to the applicable regulation of rent control, MorningCroissant invites Lessor to consult the following websites:

https://www.service-public.fr/particuliers/vosdroits/F1314

https://www.service-public.fr/particuliers/vosdroits/F1310

http://www.referenceloyer.drihl.ile-de-france.developpement-durable.gouv.fr/

5.1.11 The Lessor undertakes to provide the Tenant with all valid documents relating to the required technical diagnostics, in particular an asbestos diagnostic, an energy performance diagnostic, a lead diagnostic, an electrical and gas safety diagnostic, a copy of a statement indicating the absence or presence of materials or products of construction containing asbestos, a state of natural, mining and technological risks and to make his personal business of their establishment and validity without recourse against MorningCroissant. More generally, the Lessor undertakes to provide accommodation that meets the standards of decency within the meaning of the decree n°2002-120 of 30 January 2002, as well as safety standards in general concerning installations composing the housing.

The Lessor also undertakes, as the case may be, to provide the Tenant with rents’ references usually observed in the neighborhood for comparable housing, a prior authorization for rental, the notice information and the inventory of fixtures. In the event that the Accommodation is located in a co-owned building, the Lessor will provide the Tenant with one or more extracts from the co-ownership regulations concerning the destination of the building, the enjoyment and use of private and common areas, specifying the share relating to the rented lot in each of the load categories.

To simplify the transmission of the technical diagnostic file by the Lessor, MorningCroissant provides Users with an online tool allowing them to upload some of the following documents to a dedicated area of the Website: asbestos diagnostic, energy performance diagnostic, lead diagnostic, electrical and gas safety diagnostic, a copy of a statement indicating the absence or presence of materials or products of construction containing asbestos, a state of natural, mining and technological risks, extracts from the co-ownership regulations and information notice. The Tenant may consult and download the aforementioned documents. If the Tenant does not wish to receive these documents in a dematerialized form, he must ask the Lessor for a physical copy of the said documents.

It is specified that MorningCroissant is limited solely to provide the Lessors with an IT tool allowing them to comply with the legal obligations applicable to them. MorningCroissant does not exercise any control over compliance or validation of the documents referred to above.

5.1.12 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.

5.1.13 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.

5.1.14 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.

5.1.15 In accordance with the provisions of article 225-1 of the French Penal Code (Code pénal), a Lessor may not refuse to rent his accommodation to a Tenant on a discriminatory basis such as (but not limited to):

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 rents 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 Terms 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:

After clicking on the button “Proceed to payment”, the Tenant is directed to a payment terminal located on a secure page on the site PayBox in order to make the payment. The Tenant indicates his or her bank account details and then clicks on the button “Validate“. It is recalled that by clicking on this button, the Tenant agrees that the validation of his booking requires an obligation to pay subject to acceptance of the request by the Lessor.

Alternatively, the Tenant may proceed with this payment by wire transfer directly to MorningCroissant escrow account. Upon receipt of this wire transfer, MorningCroissant will validate the booking request.

MorningCroissant sends for convenience to the Lessor and the Tenant an email which contains a link back to the user account on which figures a proposal for a rental contract. The proposed Rental Agreement contains information about the Lessor, the Tenant, the Accommodation and indicates in particular the rent, a descriptive statement of the Accommodation as well as MorningCroissant’s compensation for arrangements. The proposed Rental Agreement is automatically generated by the Website to the Lessor and the Tenant on a durable medium allowing its conservation by the parties.

For any booking request of an Accommodation in which the Tenant will be deemed to establish his principal residence, a proposal of a Rental Agreement complying with the provisions of Title I bis of Law Act. 89-462 of 6 July 1989 will be issued. In this case, the said Rental Agreement will be pre-filled and shall be completed and signed physically by the Lessor and the Tenant in as many original copies as there are parts. The Lessor shall then return a copy of the Rental Agreement duly completed and signed to MorningCroissant at support@morningcroissant.com.

Users are informed that MorningCroissant only issues a proposal of a Rental Agreement to which it is not a party. Provided that the legal provisions governing the Rental Agreement to be concluded are respected and that all the conditions relating to the rental of the Accommodation are included, in particular the remuneration modalities and, where applicable, the allocation of MorningCroissant's remuneration, the Lessor and the Tenant remain free to establish and conclude any other type of rental agreement to govern their relationship.

Any Lessor who wishes to benefit from the Unpaid Rents Guarantee offered by MorningCroissant shall ensure of the signature of the proposal Rental Agreement issued by MorningCroissant.

8.3 It is stated that MorningCroissant shall in no event be held responsible for the incomplete, false, or incorrect information that would have been completed by the Lessor and/or the Tenant in the Rental Agreement and, more generally, for any failure of the Lessor and/or Tenant to comply with their obligations under the Rental Agreement, or if appropriate, under the rental conditions applicable to Accommodations located in tourist residences.

8.4 MorningCroissant draws the Users' attention on the need to check systematically and before each reservation, the entirety of rental conditions applied by the Lessors with whom they made a reservation.


9. PRICE AND FINANCIAL CONDITIONS

9.1 MorningCroissant performs an intermediary activity by connecting Tenants and Lessors through its Website. This intermediary activity is paid, in accordance with the provisions of article 8.2 of these Terms of use, by a commission (hereinafter referred to as designated, the "Commission").

MorningCroissant invites the Users to visit the following page in order to carefully read the terms and conditions relating to the Commission: https://www.morningcroissant.com/page/morningcroissant-fees

9.2 MorningCroissant reserves the rights to occasionally change the amount of the Commission that will be covered by the Tenant and/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 rental in the Accommodation.

9.4 In order to facilitate the use of the Services and the understanding of prices by the Users, MorningCroissant may round down or round up to the nearest integer, the amounts posted on the Website.


10. PAYMENT

10.1 All Users who make a booking rental on the Website are required to pay the total price displayed during the booking by credit card or by wire transfer.

10.2 Depending on the duration of the lease and the type of accommodation, the User may choose to pay cash or to opt for a payment of his rental by a monthly wire transfer or by an automatic monthly credit card debit.

MorningCroissant reserves the right to ask the Tenant for a valid and current proof of its identity, especially in order to prevent any risk of credit card fraud and to check the identity of the owner of the credit card used for the payment.

In addition, MorningCroissant may request to the Tenant who wish to rent an Accommodation for more than two months and pay by monthly direct payment by credit card debit, the documents (tax notices, recent salary slips, employment contracts, etc.) allowing them to operate or to make someone operate the necessary checks in order to ensure that the Tenant’s application is serious and to subscribe, as the case may be, on behalf of the Lessor, an insurance for unpaid rents, whose modalities and conditions are described in article 21.4 of the Terms of use.

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

10.4 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.

If a rejection of the credit card payment occurs during the rental whose payment is done by monthly direct debit by credit card, MorningCroissant may, unless the Tenant regularizes the situation within 10 days from the occurrence of the payment’s incident, terminate the rental after having notified the Lessor and the Tenant by email.

10.5 The payment is billed by MorningCroissant when validating the reservation, being stated that the rent 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 by email sent to support@morningcroissant.com, relating for example the non-compliance of the lease with the provisions of the Rental Agreement.

10.6 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).  It is stated that, as part of the payment collection service provided by MorningCroissant, the rent collected by MorningCroissant on behalf of the Lessor will be transferred to the Lessor in several instalments, the first of which shall intervene at least thirty-six (36) working hours after the arrival of the Tenant. Subject to their prior receipt by MorningCroissant, the following instalments will be paid to the Lessor on a monthly basis over the entire rental period of the Accommodation.

Generally speaking, and before publishing an ad on the Website, the Lessor will grant a mandate to Morning Croissant, particularly to receive in his name and on his behalf, all sum or amount in the occasion of bookings made for an Accommodation which has been published on the website by the Tenant. This mandate is valid for a period of one year and is tacitly renewable annually, up to a maximum duration of thirty years. In order to terminate the mandate, an email whose subject line shall be "Termination of mandate" must be sent to the following email address: support@morningcroissant.com. 

10.7 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, especially by offsetting what is expressly accepted by the User.

10.8 The Lessors may choose to request security deposits in their rental ads (the “Security Deposits”). The Security Deposits are paid directly to the Lessor or, by credit card to MorningCroissant, acting in the name and on behalf of the Lessor, who may cash the sum matching the Security Deposit on a deposit account provided for this purpose.

If a Security Deposit foreseen in a rental advertisement is paid to the Lessor, the latter shall, subject to inventory and inventory of fixtures at the keys’ restitution, and after deduction, if need be, of the sums covering the damages and losses caused by the Tenant, refund the Security Deposit to the Tenant within 2 months maximum from the day of the keys’ restitution. MorningCroissant may not be held responsible of the use and any late restitution of the Security Deposit by the Lessor.

If a Security Deposit foreseen in a rental advertisement is paid by credit card and a Lessor makes a justified request for payment of the said Security Deposit, MorningCroissant shall do its utmost to debit the mean of payment of the Tenant, of the sum fixed by the Lessor as Deposit, within a reasonable time from the day of the departure of the Tenant of the Accommodation. MorningCroissant will also do its utmost to process the Lessor’s requests and claims on the Security Deposit but will not be held responsible neither for the administration nor for the acceptance of any claim of the Lessors concerning the Security Deposits and rejects any responsibility in this respect. Any Security Deposit paid by credit card will be refund to the Tenant, within a maximum of 2 months from the day of the keys’ restitution, after deduction, if need be, of all the sums which could be owed by the Tenant to the Lessor.


11. CANCELLATION POLICY

11.1. By the Tenant

11.1.1 The applicable cancellation policy differs depending on the rental period of the Accommodation:

The applicable cancellation 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 changed and the two parties commit themselves to observe it. Any Tenant who cancels must necessarily notify the Lessor and confirm the cancellation directly on the Website from his user account (on the page Rentals > Other options > Cancel this rental).

In the case of a rental governed by the provisions of Title I bis of Act No. 89-462 of 6 July 1989, the Tenant shall notify the leaving notice to the Lessor by registered letter with acknowledgement of receipt or by bailiff's act or by hand-delivery against receipt or discharge.

11.1.3 A reservation is officially canceled when the guest clicks the cancellation button on the cancellation confirmation popup and receives a confirmation email from MorningCroissant.

In the case of a rental governed by the provisions of Title I bis of Act No. 89-462 of 6 July 1989, the termination of the Rental Agreement shall become effective at the end of the one month’s notice period following the notification of the Tenant's leaving notice. This period runs from the receipt by the Lessor of the registered letter or the service of the bailiff's deed or the hand-delivery.

11.1.4 Short Term cancellation policy:

11.1.5 Long Term cancellation policy:


11.2 By the Lessor

11.2.1 In case of unjustified and/or abusive cancellation by the Lessor after the conclusion of the Rental Contract, in particular and for example if the Lessor forgets the booking, has a double-booking or cancels for personal reasons, and except for cancellation resulting from a case of force majeure, the Lessor shall pay to MorningCroissant a fixed penalty (the ” Fixed Penalty”) equivalent to the total amount of the Commission's share due by the Lessor in respect of the cancelled rental. In addition, the Lessor may have his User account suspended by MorningCroissant for an indefinite period and in the event of repeated cancellations, permanently deleted.

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.

11.2.2 In the case of a rental governed by the provisions of Title I bis of Act No. 89-462 of 6 July 1989, the Lessor may, only in certain cases, give a leaving notice to the Tenant at the end of the Rental Agreement as long as the leaving notice complies with certain conditions of form and time limits provided for by Article 25-8 of the aforementioned law. 

With the exception of the protected tenants, the Lessor may deliver a leaving notice to the Tenant to sell the Accommodation, to take it back (to reside there or to house a closed person), or for a legitimate and serious reason (such as unpaid debts or neighborhood disorders).

In the event of a fraudulent leaving notice (if the reason for the leave does not match the reality), the Tenant may challenge it before the competent jurisdiction. In addition, the Lessor may be liable to a criminal fine up to €6,000 or €30,000 if the Lessor is a legal entity.

12. TECHNICAL INTERMEDIARY

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. CPI 7501 2018 000 025 383 marked “gestion immobilière” (property management in French) issued by the Paris Ile-de-France Chamber of Commerce (CCI), 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 Lessors are informed that except to the rentals giving rise to the conclusion of a Lease Contract governed by the provisions of Title I bis of Act No. 89-462 of 6 July 1989, MorningCroissant takes all precautions, so that the Tenant does not report the Accommodation as its principal residence as provided under article 2 of the aforementioned Act, so that the Lease Contract remains governed by Civil Law. However, according to the lifestyle of the Tenant, in particular if he establishes the permanent center of his interests in the Accommodation during the ongoing lease contract or if he registers this Accommodation to some authorities as a principal residence on a regular basis or, if his family settle in the Accommodation, there is a risk that the Accommodation happen to be requalified by the competent court as a principal residence, leading to the full application of the law of 6th July 1989 without MorningCroissant to be held liable. Thus, the Lessor definitely waives by the present article to engage the responsibility of MorningCroissant for this motive.

13.4 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.).

13.5 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

Notwithstanding the appointment of MorningCroissant as an agent to collect the sums paid by the Tenants in the name and on behalf of the Lessor, the User acknowledges that MorningCroissant acts as a simple intermediary and is not party to the Rental Agreement concluded by the Lessor and the Tenant, and shall not in any case be held responsible for the respect of the contract’s terms nor the respect of the rental’s conditions directly proposed by the Lessor 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 as the Services hosted are services in the sense of article L.221-28 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.

The Rental Agreement shall terminate, as the case may be, at its term or, if it is governed by the provisions of Title I bis of the Act n°89-462 of July 6, 1989, following the termination by the Tenant or the leaving notice issued by the Lessor, provided that in any case the applicable notice periods are met.


19. TERMINATION

19.1 The Tenant may at any time terminate its registration by sending an email to: support@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. INTELLECTUAL PROPERTY

20.1 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.

20.2 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.

20.3 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 consists 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.

20.4 Any other use of the Website from the User, including commercial use, is prohibited. The User agrees, in particular, not to 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.

20.5 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.

20.6 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 on paper or electronically.


21. INSURANCE

21.1 MC is an insurance intermediary registered with ORIAS under registration number 14005432.

21.2 Except for the Tenants who concluded a lease of an Accommodation governed by the provisions of Title I bis of the Act n°89-462 of July 6, 1989, MorningCroissant offers to the Tenants a Multi-risk AXA Home Insurance included in the rental price and without supplement.

Details of this insurance are available to the User on the Website at the following address: https://www.morningcroissant.com/page/insurance.

21.3 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.

21.4 An insurance for unpaid rents is offered by MorningCroissant for any rental of a duration equal or longer than two months with payment by monthly direct debit provided that the Tenant and the Lessor accept that the rental be governed by the proposition of Rental Agreement generated by the Website.

This insurance is subscribed by MorningCroissant on behalf of the Lessor, and includes an insurance covering against unpaid rents during the period initially mentioned in the Rental Agreement (until recuperation of the accommodation by the Lessor) whose terms and conditions are available on the following dedicated page: https://www.morningcroissant.com/page/guarantee-for-unpaid-rents.


22. 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.


23. MAIN APPLICABLE LAWS AND REGULATIONS

Users are reminded, for information purposes only, of the main provisions applicable to leases available on the Website: