Terms and conditions for online services to particular customers
PLEASE READ THE FOLLOWING TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. THESE TERMS INCLUDE SEVERAL LIMITATIONS AND EXCLUSIONS, AND A CLAUSE REGULATING THE JURISDICTION AND COMPETENT COURTS IN RELATION TO CONFLICT RESOLUTION AND THE APPLICABLE RULES.
BY ACCESSING, OBSERVING OR USING CONTENT OR SERVICES ACCESSIBLE ON OR THROUGH THE "WEB SITE" OR OTHER WEBSITES OR APPLICATIONS, THE USER CONFIRMS THAT HE UNDERSTANDS AND ACCEPTS THESE "CONDITIONS" HAVING THE SAME LEGAL VALUE THAT A DOCUMENT SIGNED IN WRITING AND BINDING.
- These terms and conditions apply to all services provided on the website https://livin-france.com.
Eden Initiative, which operates the trade name LIVINFRANCE, reserves the right to modify these Terms at any time. Any modification of these Terms potentially affecting the rights of the User will be communicated on the Website.
The website https://livin-france.com is an online accommodation booking platform service.
Access, account creation, navigation, use, hosting, downloading of content, use of the services of the Website, content of LIVINFRANCE by minors (under 18 years) are strictly prohibited. By accessing, using any Website and / or Content of https://livin-france.com, the user claims to be of age (18 years or over).
The customer declares having read and accepted the terms and conditions prior to the placing of the order. The validation of the order is therefore acceptance of the terms and conditions.
User: Refers to anyone who uses the LIVINFRANCE website
Accommodation: Refers to the apartment, room, studio, residence or accommodation that the user wishes to rent through our housing platform.
Property type: This categorizes the type of housing: Studio, T1, T2, T3, T4, T5, T6, T7, T8 and so on. This mainly refers to the living space of the dwelling, the common areas when there are as well as the number of rooms offered by the accommodation.
Bathroom type: This categorizes whether the bathroom of an online housing ad offers a private bathroom or shared between multiple roommates.
Roommate: People who share the same common space within a house who also enjoy a private room.
Guarantor: Refers to the person who stands surety during the reservation process. LIVINFRANCE does not require a guarantor for its users.
Booking request: This is a process by which the user runs an ad-related housing request on our website.
LIVINFRANCE has 48 hours to send a response to accept the request of the user or to refuse.
Minimum stay: This represents the minimum period requested by the owner to be accepted into the unit.
messages.cgv.commodities: This represents the vital necessity items present in the commonplace of the accommodation.
messages.cgv.room_details: This represents the vital necessity items present in the private space of the accommodation.
Charges: This represents the cost generated by the housing or the tenant in his private and common space. The charges are expressed per month and are shown if they are included in the rent per month or not.
Don't forget: A section that contains the necessary information and important to know when a user wants to rent a home.
Deposit: Sum of money which is to pay to the owner before the entry of the place like insurance and guarantee which will be refunded in full or not. In order to receive the entire deposit at the end of the lease, it is necessary to return the housing under the same conditions of obtaining.
Rent: Amount of money that is paid to the landlord each month in order to live in a dwelling.
First month of rent: Represents the cost of one or more months of rent to be paid before entering the dwelling.
Future Payments: Represents the future costs of the accommodation booking process via our platform for information purposes only.
Fees: Represents a sum of money that LIVINFRANCE receives for each successful transaction on the accommodation booking platform.
Landlord: Means the person or entity that has an agreement with LIVINFRANCE to publish a hosting offer on the platform, so that a user can make a reservation for hosting via the platform.
Certified accommodation: Means that LIVINFRANCE works only with owners, legal or physical entities that respect a certain standard of conformity. LIVINFRANCE can not be responsible for the quality and the good conformity of the accommodation.
Lease: Private rental contract which is published and signed by the landlord as landlord and received and also signed by the user and therefore renter to which LIVINFRANCE does not take part.
Check-in: Date the tenant wishes to move into the house.
Check out: Date the tenant wishes to leave the house.
Cancel policy: Cancellation policy applied by the lessor defined under "Strict" or "flexible"
Strict: No refund will be made in case of cancellation.
Flexible: At least 30 days before the beginning of the lease, if the user cancels, the lease undertakes to reimburse 50% of the amount of the first rent.
Obligation of cooperation:
The customer will keep at the disposal of the provider all the information that can contribute to the successful completion of the service(s) ordered.
The provider can not be held liable in the event of delay or non-fulfillment of the terms of the contract as stipulated in the terms and conditions.
Execution out of fault:
This contract may be terminated at any time by the contractor, without making an appointment or notice. In this case, the sums already received by the claimant and to be collected remain with him.
Article 1 - Platform, Use and Service.
Users of the platform can contact LIVINFRANCE support to have more information on housing, can make a reservation of housing longer than that indicated as "Minimum stay".
Housing announcements are generated by LIVINFRANCE support with the agreement of professional or private donors.
LIVINFRANCE is not the owner, nor does it represent the owner, can not be considered as a manager or a real estate agent. LIVINFRANCE will not rent or sell one or more properties to a third party or to a user of the platform.
Article 2 - The accommodation from the LIVINFRANCE platform.
All announcements on our booking platform are created by LIVINFRANCE support.
The information is transmitted beforehand by the owner or lessor. The owner agrees to provide true information. LIVINFRANCE will not be responsible for inaccuracies found on the information of a housing announcement page.
The owner indicates the detail of the prices and agrees not to increase or modify the price of the reservation after having rented his lodging to a user.
The truthfulness and correctness of the photos and information provided by a dwelling on our platform are guaranteed on the date on which they were created.
The user acknowledges that the accommodation they have booked has been verified at a previous date of their reservation. So the conditions and the state may differ.
However, the owner must respect the maintenance of decent housing condition.
If the housing conditions are significantly different from those listed on the advertisement, LIVINFRANCE immediately withdraws the advertisement.
Article 3 - Pre-booking & Booking system.
During the first Internet connection on our platform, all new users must create:
- A “User account”
- An ID or a “Login”
- A password with at least six alphanumeric characters.
In order to be able to apply for pre-booking, a preliminary step to the booking of the accommodation, the user must enter personal information in the "My account" area in "My information".
Your pre-booking will be definitively recorded only after completing the various information and final validation of our support.
The customer acknowledges that he is fully aware that his agreement regarding the content of the terms and conditions does not require a handwritten signature, insofar as the user orders online the services presented there.
Taking into account the order is confirmed by sending an email to the address indicated when creating the "user account".
Regarding LIVINFRANCE accommodation fees in the form of "one time fee", no refund will be possible after the acceptance step generated by the LIVINFRANCE support. Thus, when the user has sent a booking request to LIVINFRANCE support, his acceptance will definitively conclude his order. Inaction within a period of 1 week, namely the transmission of information and documents requested and the payment of a first month's rent and deposit, will result in the cancellation of his booking and the loss of the "one time fee" perceived by the LIVINFRANCE platform.
Any confirmation of pre-booking by LIVINFRANCE towards a user entails full acceptance and acceptance of these terms and conditions and obligation to pay the "one time fee" generated.
When the pre-booking request is sent by the user, LIVINFRANCE has 48 hours to confirm or refuse the request.
Upon acceptance, the user has a period of 4 days (96 hours) to pay the first month's rent and the deposit. Some landlords may request a first payment up to three times the amount of the first rent, ie the cost of the first three months of rent plus the deposit of guaranteed.
LIVINFRANCE will not assume any responsibility for failure or fault on the part of the owner or regulation.
In the course of the process of renting a home from a user to a lessor, both parties acknowledge that LIVINFRANCE does not act in any way as an agent of any kind on behalf of the owner. LIVINFRANCE is an intermediary authorized by the donors to receive applications via our housing platform.
LIVINFRANCE will provide the donor with information about the user who will be a future tenant of his home. LIVINFRANCE and the donors are responsible and accept responsibility for their own actions when disclosing this information.
LIVINFRANCE advises users who rent a home to subscribe to a valid home insurance.
LIVINFRANCE will not be held responsible for the theft, loss or breakage of any objects in or outside the accommodation rented by the user. LIVINFRANCE also does not offer visit or verification services on the day of entry of the tenant's premises in his booked accommodation via our platform.
Article 4 - Rights, Obligations & Responsibilities
Any user who makes a reservation on our platform has been confirmed by the support of LIVINFRANCE and the lessor, the user can decide whether or not to continue the transaction privately with the lessor directly.
LIVINFRANCE reserves the right to accept or refuse the pre-booking request from users. With agreement of the lessor, the cancel policy will be determined and indicated in the announcement so that the user can read the policy of cancellation of housing.
The amounts paid and made on the LIVINFRANCE platform represent only the costs of fees generated by the intermediary service generated by the platform.
The "one time fee" represents a fixed price according to the price of the rent plus the value-added tax (VAT) invoiced by LIVINFRANCE to each user who has been accepted in his pre-booking request.
Thus, all the costs involved in renting the housing by the user must be executed outside the platform. LIVINFRANCE can not be responsible for any inconvenience caused by these transactions executed outside the platform.
LIVINFRANCE may restrict access to the platform, disable, modify or cancel a housing advertisement without having to justify any reason whatsoever without the responsibility of LIVINFRANCE being engaged and without notice.
The lessor reserves the right to indicate a minimum period of stay "Minimum period of stay" based on its own criteria.
The lessor is solely responsible for determining the housing price.
In order to complete the booking process, the user understands and agrees that he has a period of 96 hours after being accepted for his pre-booking request in order to transmit the proof of payment of the first month(s) of rent(s) as well as deposit on behalf of the lessor. Otherwise, the booking request from the user will be automatically canceled by the platform.
When the user receives his rental contract, he must comply with all rental conditions governed by the French law that frames.
LIVINFRANCE must provide the platform and its intermediary role and retain the payment of "one time fee" until the pre-booking request has been accepted. The platform will not receive any other payment once the pre-booking request has been accepted by LIVINFRANCE support.
Therefore, the lessor is solely responsible for the collection of rents unless otherwise agreed.
After a delay of 48 hours since the date of the user's move, all legal relationships and other types of relations between LIVINFRANCE and the user expire.
LIVINFRANCE has rendered the services offered in the platform when:
-The user has been accepted in his pre-booking process.
-The lessor accepted the booking request from the user.
Thus, the user understands and accepts that once the finalization of the services rendered by LIVINFRANCE, the user loses his right of withdrawal.
The user must keep the accommodation in the same state on arrival. The user acknowledges that they are solely responsible in their own acts or omissions as well as any persons who have been invited or authorized within the accommodation. LIVINFRANCE will not be held responsible for any damage caused by the tenant.
It is the responsibility of the lessor to indicate the procedure in order to leave the premises in accordance with the usual procedure and with the law. In application with the French law, any tenant wishing to leave the premises, must warn the owner with a period of notice of 3 months by letter with acknowledgment of receipt in untended areas. This period is extended to 1 month in tense areas.
Rental agreement signed between the different parties.
LIVINFRANCE does not appear in any rental agreement. It will be signed by the parties involved. LIVINFRANCE can not therefore be held responsible for any legal problem, in case of litigation or in case of complaint from both parties.
Each case involving litigation will have to be resolved between the parties involved in the contract.
It is the responsibility of the user to inquire about the procedures for leaving his home. Thus, LIVINFRANCE can not be held responsible in case of non-compliance with the usual rules and applicable by law during a departure.
Article 5 - Cancel policies.
If the reservation has been approved by the landlord and if the resident and the landlord have signed a rental agreement, regardless of its form, the cancellation conditions will be those set out in the contract.
If the owner cancels the reservation before the moving-in date or before the owner and the resident have signed a rental agreement, the resident will be refunded with the booking fee.
When a resident has made a reservation of accommodation and that this has been approved by the lessor, LIVINFRANCE will charge the service fee.
There are two cancellation policies for users:
Strict: No refund will be made in case of cancellation.
Flexible: At least 30 days before the beginning of the lease, if the user cancels, the lease undertakes to reimburse 50% of the amount of the first rent.
Article 6 - Exception to the period of withdrawal
The Landlord may always, even after confirming the booking, cancel the booking according to the following criteria: In the event that the booking has been confirmed by the Lessor and that Lessor and Tenant have signed a private rental agreement, regardless of the form of the contract, the cancellation policies are those specified in this private rental contract of which, in any case, LIVINFRANCE is not part of it. If the Landlord cancels before the tenant moves, the Landlord will have to repay the first month of rent in full to the tenant.
Article 7 - Price
Prices are firm and final. Unless specific conditions specific to the sale, the prices of services performed are those listed in the price list on the day of the order. They are expressed in legal tender and stipulated all taxes included.
Article 8 - Payment
Unless otherwise expressly provided for in the Special Conditions, the payment of the price shall be made in cash on the day of the service.
Payments made by the buyer will only be considered final after actual receipt of the sums owed by the service provider. An invoice will be given to the buyer on request.
Article 9 - Warranties - General
Eden Initiative guarantees the conformity of the services with the contract.
The buyer can make a request under the legal guarantee of conformity envisaged in articles L.217-11 and following of the code of the consumption or the guarantee of the defects of the thing sold within the meaning of articles 1641 and following of the civil code.
This guarantee covers the defects of conformity or hidden defects coming from a defect of conception or realization of the services ordered under the conditions and according to the modalities defined in appendix to the present general conditions of sale.
The buyer must inform the service provider of defects and / or defects of conformity within a maximum period of 24 months from the provision of services.
Defects and / or flaws will result with, depending on the case, rectification or refund.
The service provider's guarantee is limited to the reimbursement of services actually paid by the buyer and the service provider can not be held responsible or defective for any delay or non-performance resulting from the occurrence of force majeure.
Article 10 - Intellectual property
All technical documents, products, drawings, photographs given to buyers remain the exclusive property of LIVINFRANCE, the sole owner of the intellectual property rights in these documents, and must be returned to him at his request.
Customer purchasers undertake not to make any use of these documents, which may infringe the industrial or intellectual property rights of the supplier and undertake not to disclose them to any third party.
Article 11 - Jurisdiction
All disputes to which the transactions of purchase and sale concluded in application of these terms and conditions could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which would not have could be solved amicably between the seller and the customer, will be submitted to the competent courts under common law conditions.
For the definition of competent jurisdiction, the seller elects domicile to:
85 Boulevard Vauban 59800 Lille
Article 12 - Language of the contract
These terms and conditions are written originally in French. In the event that they are translated into one or more foreign languages, only the French text would prevail in case of dispute.
Article 13 - Applicable law
These terms and conditions are subject to the application of French law. The competent court is the court of first instance for disputes whose amount is less than or equal to 10 000 euros or the court of first instance for disputes whose amount is greater than 10 000 euros.
This is so for the rules of substance as for the rules of forms. In case of dispute or claim, the buyer will first contact the seller to obtain an amicable solution.
Article 14 - Protection of personal data
The personal data collected on this site are as follows:
When creating the user's account, his surname, first name, email address, telephone number, postal address, date of birth, home school, host school.
When the user logs on to the website, the user registers, in particular, his last name, first name, login, usage, location and payment data.
The use of the services provided on the website can provide a profile, which may include an address and a phone number.
As part of the payment of the products and services offered on the website, it records financial data relating to the bank account or the credit card of the user.
When the website is used to communicate with other members, the data relating to the user's communications are temporarily stored.
Cookies are used as part of the use of the website. The user has the option to disable cookies from his browser settings
Use of personal data
The personal data collected from the users aim at providing the services of the website, improving them and maintaining a secure environment. Specifically, the uses are as follows:
Sharing personal data with third parties
Personal data may be shared with third-party companies in the following cases:
Security and confidentiality
The website implements organizational, technical, software and physical digital security measures to protect personal data from unauthorized alteration, destruction and access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the Internet.
Implementing user rights
In application of the regulations applicable to personal data, users can exercise by making their request to the following address: contact@livin-France.com
When the user has finished their stay, an automatic email will be received by LIVINFRANCE to share his experience. Completing this form gives LIVINFRANCE the possibility to publish this notice in the platform or to delete it if it does not meet our testimonial standards.
For any cancellation of order, no refund will be possible on the agency fees and the first month of rent.
Evolution of this clause
The website reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its website. The website will also inform users of the change by email, within a minimum of 15 days before the effective date. If the user does not agree with the terms of the redrafting of the personal data protection clause, he has the option to delete his account.