1. Purpose of the General Conditions
This document informs Users of the general terms and conditions of use applicable to the company AKENA Technologies (the Company), a EURL with a capital of 760,000 euros, whose head office address is:
MediaHols - AKENA Technologies:
133, rue Simon Vollant
Parc de La Cessoie
59130 Lambersart
FRANCE
The Company provides users with a service (the Service) enabling them to view holiday rental adverts and to contact owners in order to make a reservation.
2. Denominations
Users of this service shall hereinafter be referred to as the "User".
The service is available on the websites grouped under the tradename "MediaHols.com Network" hereafter known as "The Sites".
The owners of rental properties, or their representatives, advertising on the sites "MediaHols.com Network" are called "Owners".
3. Responsibility for the content of adverts
The adverts published on the MediaHols.com network websites are edited and posted online under the sole responsibility of the Owners.
AKENA Technologies assumes no responsibility as to the quality, existence, safety, attributes or legality of the rental properties, the veracity or exactitude of any of the information presented in the adverts published on its websites, the capacity of the advertisers to rent the advertised properties, nor the capacity of the tenants to pay for the rental services and ancillary services.
The User acknowledges that the sites under the MediaHols.com network function solely as a platform upon which advertisements are published.
4. Tackling fraud
The Company employs methods which yield excellent results concerning the fight against fraud. Nevertheless, the User is informed that despite the actions put in place by The Company, zero risk on the internet does not exist and a residual risk may therefore remain. The User also commits to being vigilant.
The User commits to:
1. Inform The Company of doubts regarding a Tenant or an advert (contact form). The Company commits to promptly following up with checks.
2. Scrupulously following the instructions on the site and via email regarding payments.
The User is informed that they risk exposing themselves to fraud when not respecting these security regulations.
5. Public liability
In the context of a seasonal rental, the User is informed that under his public liability, he is responsible for any damage he may cause to the property. Users are advised to take out insurance to cover this risk.
6. The Nature of the Service
The nature of the Service offered by the Company is publicity; it allows Users to find holiday accommodation and to contact the Owner. The Company does not offer rental, estate agency or tourism services. Neither is it an intermediary, the sales and commercial relationship between Owners and Users being direct.
7. "Secure Payment" Service
The Company offers the Owner, in certain circumstances, an online payment service called "Secure Payment", which allows the User to pay the Owner online under secure conditions. This transaction is made directly from the User to the Owner via the intermediary of both parties' escrow accounts. The Company is never owner of these funds, which do not make a transition through its accounts, nor is the Company mandated by the Users or the Owners to do so. In this respect the Company is neither a financial nor an estate agent intermediary. The use of the Secure Payment's service is subject to accepting specific conditions of use.
8. Rental payment methods
The adverts clearly indicate which methods of payment can be used: "Owner direct" or "Via MediaHols.com", with security advice provided.
The User is advised that they must expressly respect this advice to guarantee the security of the transaction.
9. Payment method "Via MediaHols.com"
In the case of a payment "Via MediaHols.com", the User is advised that cybercriminals may send them SMS text messages and/or emails which imitate the MediaHols.com brand and aim to divert the User away from the legitimate payment platform of the site.
En conséquence, l'Internaute doit impérativement :
a. ensure payment to the Owner is made via the site https://pay.mediahols.com excluding all others,
b. use only the "Reserve this property" button appearing in the discussion page with the owner within the MediaHols.com secure mailbox.
c. in the case that the option "Owner Direct" is not available, commit to using only the MediaHols.com secure mailbox for all communication with the Owner, prior to reservation, for security reasons.
In the case of a payment "Via MediaHols.com", the Company cannot take responsibility for any loss resulting from payments made on any other site or directly with the Owner.
10. Right to rescind
The User who intends to rent a seasonal property is informed that the right to rescind does not apply to accommodation services.
11. Tenant reviews and quality control
The User is hereby informed that the network MediaHols.com, for reasons linked to its responsibility as editor and the wish to maintain quality accommodation offerings, implements a differentiated strategy to process reviews left by tenants. Any negative feedback will initiate an enquiry on behalf of the Company with the aim of verifying the nature of the criticisms regarding the rental. If the complaints are serious and substantiated, a request is made to the Owner to modify the property or the advert. Only the result of the enquiry is posted on the advert. The User is informed that the checks are made remotely and based upon the feedback from concerned parties and evidence provided.
Positive feedback on the properties is publicised on the MediaHols.com network.
12. Handling of Users' personal information
The Company is obliged to collect Users' personal information to fulfil the requirements of the Service.
The information collected from the User is subject to data processing performed by the Company which is indispensable to the functions of the Service. This information and personal data is held for the period required for the Service. Users are hereby informed that the email address and contact details they enter on the sites will not be used for commercial purposes nor shall they be passed on to a third party. The User accepts to receive emails and SMS text messages on behalf of the sites to ensure the quality of the Service.
The person responsible for the processing of personal information is the manager of the Company, Hervé Paccard.
Users have the right to access, change, correct and delete any personal data relating to them. To exercise this right, the User simply needs to complete the contact form available via this link.
In addition, the User is hereby informed that the Sites use cookies.
13. Obligations of Site Users and Access to the Service
Internet users commit to using the Site for the sole purpose of renting seasonal accommodation in a personal capacity. Attempts to misappropriate the purpose of the Site, commercial canvassing, attempting fraud, or contacting rental companies for any reason other than for seasonal rental are strictly prohibited.
In addition, if renting a property advertised on the Site, Users commit to respecting the law and the terms of use for temporary rentals. Users must occupy the property responsibly, including (but not limited to): taking due care and diligence, vacating the property in the state in which it was found, respecting the neighbourhood, not undertaking any transformation of the property, taking responsibility for any damage incurred, paying the rent and required tourist taxes and not subletting the property with prior agreement from the Owner.
Users are informed that in the event of misappropriation or risk of misappropriation of the object of the Site or use of the rented property not in accordance with the law and terms of use, the Company may restrict or remove their right to use the Service on a temporary or permanent basis, in order to protect other Users and Tenants, without notice or prior warning.