The terms are current to January 22, 2021 ; they cancel and replace any previous version.
- Accommodation: means any type of accommodation intended for housing that the Lessor chooses to offer for rent via the Website to transient customers who do not elect domicile;
- Lessor: means any User, natural or legal person having an exclusive right in an Accommodation, whether owner, tenant duly authorized by the owner or a duly authorized agent of the owner, to offer a property for lease and/or sublease ;
- Tenant: means any User who rents an Accommodation on the Website ;
- Services: refers to MorningCroissant's provision of an online digital platform allowing Users in particular (i) to post online offers to rent furnished / unfurnished accommodation,
(ii) to conclude rentals of furnished / unfurnished accommodation, and (iii) to publish Users' reviews on the Website.
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.
1.1 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)220.127.116.11.85
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.
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:
- the provisions of the Law No. 89-462 of 6 July 1989 for furnished or unfurnished rentals concluded for a period of one year or more, for which the Accommodation is the main residence of the Tenant;
- the provisions of Title I ter of the Law of 6 July 1989 relating to furnished rentals concluded within the framework of a mobility lease;
- 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 Article L. 631-7 et seq. 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) for seasonal rentals;
- the provisions of Articles L 422-3 et seq. and D422-3 et seq. of the French Tourism Code relating to the tourist tax for seasonal rentals; and
- in any event, for any kind of rental, the provisions of the French Civil Code and Decree No. 2002-120 of 30 January 2002 on the characteristics of decent housing, and those of the French Construction and Housing Code (Code de la construction et de habitation) relating to the security of buildings for residential purpose.
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
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:
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.3.4 MorningCroissant informs its Users of the use of electronic registered mail as part of its Services.
Electronic registered mails are run by Equisign (via its Letreco service), a qualified and trusted services provider registered on the French Trust List established by the Agence Nationale de la Sécurité des Systèmes d'Information and on the European Trust List of qualified trust services.
- the User expressly authorizes MorningCroissant to send him any notification within the framework of the use of the Services and/or the rental of an Accommodation by electronic registered mail, pursuant to the provisions of article L. 100 of the French Post and Electronic Communications Code (Code des postes et des communications électroniques), to the e-mail address registered in his user account; and
- Users acting as Lessor expressly accept that a leaving notice may be notified to them by a Tenant by electronic registered mail in accordance with the provisions of Article L. 100 of the French Post and Electronic Communications Code.
4.1 The registration and publication of rental ads online on the Website are free.
4.3 The registration procedure of a natural person on the Website is as follows:
- The person completes all the required fields (indicated as such by an asterisk) appearing in the registration form and especially first and last name and e-mail address;
- The person chooses a password that is strictly personal and confidential and then validates his login information;
- The person can also register using Facebook or Google Connect login processes;
- The User can then use the Services of MorningCroissant which includes posting an ad on the Website for a Accommodation as a Lessor or search for a rental as a Tenant, in accordance with the provisions of article 5 hereinafter.
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 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: firstname.lastname@example.org.
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.
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.
5.1.3 The Lessor who wishes to publish a rental ad on the Website must go to the tab "List your place" (“Publier un logement”) 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.
5.1.6 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:
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.
5.1.13 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.
5.1.15 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):
- geographical origin, family name, place of residence;
- the belonging or non-belonging to a particular ethnic group or nation;
- the spoken language (other than French);
- sex, gender identity;
- family status, pregnancy or maternity;
- sexual orientation, morals;
- physical appearance;
- health status, disability, loss of autonomy;
- genetic characteristics;
- religion, political beliefs or trade union activities;
- the precariousness of its economic situation.
Any discrimination against a Tenant is punishable by three years of imprisonment and a fine of €45,000.
5.2 By the Tenant
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.
6. USER CONDUCT
- not to use MorningCroissant’s Services for purposes that are illegal and/or contrary to morality,
- to provide with greatest care fair and updated data on their account and to update immediately their data every time these are modified, stated that MorningCroissant cannot be held responsible for any material error made by the User,
- not to transmit any sensitive information related to racial or ethnic origins, or to political, philosophical or religious opinions, on a union’s membership, on sexual life or health, contrary to morality and the law,
- not to copy, distribute, use or reproduce in any other form the content posted on the Website without the prior and express approval from MorningCroissant,
- not to create or use on the Website, without prior and express approval from MorningCroissant other accounts under their own identity and/or the one of a third party, being recalled that spoofing is liable for prosecution and criminal penalties.
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:
- cause harassment or call on other Users and/or third parties to engage in harassment,
- incite hatred, discrimination, racism, fanaticism or physical or moral violence against individuals or groups of individuals,
- represent sex scenes, pedophilia, or other objectionable matter or anything containing a link to a website prohibited to minors,
- solicit personal information from minors,
- give telephone/fax numbers, street names, names, postal addresses or email addresses,
- represent or advocate illegal activities or behaviors that are defamatory, abusive, obscene, threatening or libelous, and give false or misleading information,
- propose an illegal or unauthorized copy of works protected by intellectual property rights including copyrights, patents or trademarks,
- stimulate, provoke or encourage the transmission of emails, chain emails, unsolicited mass email, instant messages, unwanted advertising or unsolicited email,
- promote or encourage any criminal activity or enterprise or giving guidance or instructions on how to promote illegal activities, invasion of privacy, the dissemination and creation of computer virus,
- solicit passwords or personal information from other Users for illegal purpose,
- engage in commercial activities and/or sales such as contests, sweepstakes, trade and advertising without the written consent of MorningCroissant,
- distribute, reproduce, publish or modify in any way the material protected by copyright, trademark, or other proprietary rights of third parties without their prior consent.
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:
- The user can, by clicking on the links provided for this purpose on the Website, make a booking request for a specific period by selecting one of the Accommodation indicating the location, the start date and, where applicable, the end date of the lease when it is determinable and the number of Tenants;
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.
- Once the payment has been made, the booking request is notified by MorningCroissant to the Lessor who will have to accept or reject the request. Any acceptance or rejection following a reservation will be notified to the Tenant by an e-mail sent by MorningCroissant to the email address provided by the User at the time of his or hers registration of the user profile ;
- The payment made at the time of the booking request will only be invoiced to the Tenant if the Lessor accepts the booking request. In case of refusal of the booking request by the Lessor, the Tenant shall no longer be bound by his request, and shall be reimbursed for the amount paid on that occasion; no Rental Agreement may be concluded and he or she will then be free to make another booking request;
- Once the Lessor accepts the booking request within the time limit, the Lessor and the Tenant are engaged. To this end, MorningCroissant informs the Tenant and the Lessor with an e-mail of confirmation and reminds the parties the information and conditions regarding the Accommodation, which is:
- the duration of the Rental Agreement ;
- the date on which it takes effect ;
- indication of the identity, status of the parties ;
- the total price of the Accommodation including the rent; and
- the amount of the Commission to be paid by the Lessor.
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 email@example.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, and at the same time provides Users with additional services aimed at improving their User experience and the conditions of their rental. These activities are remunerated 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-fees9.2 The amounts paid by the Tenant and/or the Lessor in respect with this Commission include both the remuneration of MorningCroissant in its quality of real estate agent and the remuneration due to MorningCroissant in respect with the platform services (the "Platform Services") it provides, i.e.:
- Services relating to the pre-rental management :
- Answers by email and telephone to Users' questions on the operation of the platform and on the Accommodations;
- Provision of an online messaging system accessible from the Tenant's account allowing him to communicate with the Lessor;
- Provision of tools to answer the Tenant's questions 24 hours a day and 7 days a week (FAQ, blogs, emails);
- Provision of housing recommendation tools according to the criteria provided by the User such as the geographical position of the Accommodation, the facilities provided or the price range;
- Provision of a geolocation system for advertisements on the district map.
- Services relating to payments:
- Provision of secure online payment methods (by bank transfer or credit card) and option for the Tenant between monthly or cash payment of the rent.
- Automatic verification of the user profile;
- Provision of an online messaging system allowing direct exchanges between the Tenant and the Lessor;
- Provision of tools to answer the Tenant's questions (FAQ, blogs, emails);
- Provision of an online space allowing the Tenant to assign a rating and leave comments on the Accommodations accessible to other Users.
- Services relating to the Tenant's online space:
- Provision of a Tenant online space centralizing documents (contracts, receipts, etc.), exchanges with the Lessor and the history of rental requests.
- Services relating to the online notice period:
- Provision of a space enabling the Tenant to give online notice by sending an email for civil leases or a registered letter with electronic acknowledgement of receipt for leases governed by the French ALUR law;
- Sending of an e-mail to the Tenant and the Lessor confirming that the notice period is effective;
- Automatic update of the payment schedule.
9.3 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.
9.4 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.
9.5 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.
10.1 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.
- In case of a cash payment, the User who makes a booking request on the Website shall pay the total price of the booking in order to carry out a booking request;
- In case of a monthly wire transfer or an automatic credit card debit, the User, at the time of a rental booking on the Website, shall nevertheless pay an amount equal to one month of rent (including Services), plus the commission owed by the Tenant.
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.
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 firstname.lastname@example.org, 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: email@example.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 AND NOTICE PERIOD
MorningCroissant invites its Users to go to the following page in order to carefully read the terms and conditions relating to the cancellation conditions and the notice period: https://www.morningcroissant.com/page/cancellation-and-notice.
11.1. By the Tenant
11.1.1 Cancellation of the rental
In the case of the rental of an Accommodation for a duration of less than one year with a date-to-date lease (civil law lease or mobility lease), the Tenant may cancel the lease before the date of entry into the premises by giving one calendar months’ notice.
The applicable cancellation policy is automatically and clearly stated on the description page of each accommodation.
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, by following the procedure provided for this purpose and described on the page: https://www.morningcroissant.com/page/cancellation-and-notice.
A reservation is officially canceled only after the User has received a confirmation by e-mail from MorningCroissant.
For any rental for a duration of less than one year with a date-to-date lease (civil law lease or mobility lease):
- if the Tenant cancels the rental at least one month before the rental start date (French time), 100% of the rents amount will be refunded.
Example: a cancellation made before 11.59pm on 1st April for a rental start date scheduled for 1st May, entitles to a 100% refund of the rents.
- if the Tenant cancels the rental less than one month prior to the rental start date (French time), the Tenant will receive a refund of 100% of the rents cancelled after the first month following the cancelation date.
Example: a cancellation made by 23:59 on 24th March for a scheduled arrival on April 1st, is entitled to a refund of 100% of the rents amount after 24th April and 0% of the rents amount between 1st April and 24th April.
MorningCroissant service fees are non-refundable.
As part of a tacitly renewable rental of an Accommodation governed by the provisions of Title I bis of Law No. 89-462 of 6 July 1989, no cancellation of the rental shall be possible as from the date of signature of the Rental Contract by the Lessor and the Tenant.
For any lease of an Accommodation, the Tenant gives his leaving notice to the Lessor at any time during the lease under the conditions set out below, it being specified that the termination of the Rental Agreement shall only become effective at the end of the notice period of one calendar month following the date of notification of the said notice.
11.1.2 Leaving Notice
The Tenant files its leaving notice from its User account by following the procedure provided for this purpose and described on the page: https://www.morningcroissant.com/page/cancellation-and-notice.
The filing of the leaving notice from the User account triggers the automatic sending of a leaving notice to the Lessor:
- by e-mail in the case of a civil law lease; or
- by electronic registered mail in the case of a mobility lease or a lease governed by the provisions of Title I bis of Law No. 89-462 of 6 July 1989.
The email or electronic registered mail referred to above is sent to the email address provided by the Lessor in his User account.
In order to ensure the effectiveness of this leaving procedure, MorningCroissant recommends to its Users acting as Tenant to notify their leave from their User online account by following the procedure described above, which will result in the sending of an electronic registered letter to the Lessor.
The sending of this electronic registered mail exempts the Tenant from sending, directly to the Lessor, a notification by registered letter with acknowledgement of receipt.
However, the Tenant may, if he prefers, and provided that he simultaneously informs MorningCroissant, notify the Lessor by bailiff's act or hand-deliver it to the Lessor against receipt or signature.
When a Tenant gives a leaving notice to the Lessor, the Tenant shall remain liable for the payment of the rent and charges relating to the Accommodation until the end of the notice period.
The Tenant is prohibited from deducting the amount of the security deposit from his last rentals. During the last month of the notice period, the rent due by the Tenant shall be determined in proportion to the number of days remaining in the month.
MorningCroissant service fees are non-refundable.
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.
11.3 Calculation of notice periodsNotice periods are expressed in calendar months.
Pursuant to Article 641 of the French Code of Civil Procedure, the time limit expires on the day of the last month or the last year bearing the same date as the day of the act that causes the time limit to run. In the absence of an identical date, the time limit expires on the last day of the month. If a time-limit is expressed in months and days, the months shall be counted first, then the days.
- a notice period starting on 1st January runs until 1st February included,
- a notice period starting on 30th January expires on 28th February or 29th February included for leap years,
- a notice period starting on 30th June expires on 30th July included,
- a notice period starting on 31st August expires on 30th September included,
- a notice period starting on 5th September expires on 5th October included.
Public holidays and weekends are included in this calculation: if the notice period ends on a Sunday, it ends on that day, not on the previous Friday or the following Monday.
This method of calculating the notice period applies both to the cancellation policy before the start of a rental (civil law lease or mobility lease) and to the notice given by the Tenant during the rental of an Accommodation.
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:
- the absence of anomalies, errors and bugs that may affect navigation on the Website or the implementation of any features offered on the Website;
- the ability to correct these anomalies, errors or bugs;
- the lack of interruption or failure in the running of MorningCroissant;
- the possible compatibility of the Website with a hardware or configuration.
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.
15.1 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 WITHDRAWALUsers 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):
- the rating must be withdrawn because of an enforceable court order against the person who posted it;
- the rating comment content is vulgar, obscene, racist, harmful to youth or insulting under criminal law. In this case, the User who issued them will be held responsible ;
- the rating comment contains personal information about another member such as name, address, telephone number or email address;
- the rating comment contains remarks alluding to investigations initiated by MorningCroissant or by public authorities ;
- the rating comment contains link or scripts redirecting to other websites ;
- the User inadvertently attributed the negative rating comment to the wrong user, but has already corrected the error and posted the same comment on the proper User ;
- the rating was made by a person who was not authorized at the time (e.g. by a minor) ;
- the evaluation comes from Users whose account was blocked 90 days after registration on the Website, unless the account has been blocked for non-payment of a commission or if the User has had the opportunity to solve the problem thus causing the resettlement of the user account.
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.
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.
19.1 The Tenant may at any time terminate its registration by sending an email to: firstname.lastname@example.org
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.
21.1 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
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:
- Rental of furnished accommodation (main residence) governed by the provisions of Title I bis of Act No. 89-462 of July 6, 1989:
- Short or medium-term rental of a furnished accommodation:
- Articles L324-1 et seq. of the French Tourism Code (classification and declaration in the town hall of furnished tourist accommodation)
- Articles D324-1 to R324-1-2 of the French Tourism Code (definition and declaration in the town hall of tourist accommodation)
- Articles L631-7 et seq. of the French Construction and Housing Code: