LOCASUN - General Sales Conditions

General information

LOCASUN is a company under French law, whose registered office is located at 24 rue des Jeûneurs 75002 PARIS France, and registered with the Paris Register of Companies under number 488 157 389. Any written communication may be addressed to LOCASUN 24 rue des Jeûneurs 75002 PARIS France or by email to proprietaires@locasun.com. For telephone contact, the following telephone number is available: 01 34 44 07 30. LOCASUN is a travel agency licensed under IM095110020 (Atout France registration) and the financial guarantee is provided by GROUPAMA. Professional insurance is provided by Allianz IARD (Insurance policy: 57890818-00005). LOCASUN offers any owner or manager of vacation rentals the possibility of publishing one or more advertisements free of charge.

Duly authorized owners or professional managers (hereinafter referred to as the "Owners" or "you") using the website (hereinafter the "Site") to broadcast vacation rental advertisements and manage tenant reservations (hereinafter referred to as the "Service") accept these general terms and conditions of sale (hereinafter referred to as the "GCS"). These GCS set forth the contractual terms and conditions applicable to the posting of your vacation rentals on our Site. You also accept the general conditions of sale of stays (intended for renters) which govern the contractual relations between LOCASUN and the renters available (hereinafter the "Clients" or the "Customer") on the Site.

LOCASUN reserves the right to modify all or part of these GCS. In the event of substantial modification of the GCS, LOCASUN will inform the Owner by email fifteen (15) days before the modified GCS come into force. The Owner will have the possibility of closing his or her owner space before the expiry of the fifteen (15) day notice period as of the reception of the email informing him or her of the said modifications.

Within the framework of the Service, LOCASUN publishes vacation rental offers on its Site to its users, to whom the Owner transmits all the useful information in his possession, notably through his ad.

This does not in any way ensure the marketing of an accommodation in its entirety since the Owner retains the right to organise the rental of his accommodation by himself or by other means. LOCASUN, through its own interface, may also distribute the Owner's accommodation to its European partners. The list of partners will change over time. In fact, the Owner must provide LOCASUN with an updated list of sites on which he/she does not wish LOCASUN to distribute his/her ads. In the absence of precision, LOCASUN will diffuse by default all of the Owner's advertisements on the partner sites.

3.1 DURATION - TERMINATION OF SERVICE

The diffusion of the Owner's vacation rental ad by LOCASUN takes effect upon validation of the ad by LOCASUN. The present GCS are applicable for the entire duration of the Service. The Owner will have the possibility, at any time, to interrupt the diffusion of his or her accommodation ad from his or her owner's space and will be able to contact LOCASUN in order to permanently delete it from his or her owner's space.

Likewise, in the event that the Owner wishes to close his or her owner space, he or she must send a request to LOCASUN. The closure of the owner's space will then be effective in the following days.

Furthermore, LOCASUN reserves the right, subject to one (1) month's notice, to interrupt or stop access to all or part of the Service, without being obliged to pay the Owner any compensation whatsoever.

In any case, LOCASUN will have the right, without prejudice to any damages, to interrupt the diffusion of the Owner's vacation rental advertisements and to close the Owner's space automatically and without formality in the event of the Owner's failure to fulfil any of his obligations. LOCASUN will inform the Owner of the reasons for such an interruption or closure of space.

3.2 QUALITY OF INFORMATION

The Owner must describe his/her accommodation as precisely as possible by using the online form in the LOCASUN owner's area. The Owner connects with his login and password. The questions concern the geographical location, the characteristics, the availability, the rates and the photos. The Owner authorizes their use in the context of the diffusion of the vacation rental ad.

Also, the Owner undertakes to ensure that the information provided to LOCASUN does not contain, without the prior agreement of LOCASUN :

- No hypertext links to websites operated by the Owner;

- No reference to the Owner's brand or logo.

- No means of contact from the Owner: email, phone number, personal website, social network.

In the event that LOCASUN finds that the information provided by the Owner contains the aforementioned elements, the Owner will have a period of 72 hours after notification by LOCASUN to withdraw them.

The Owner will provide the contact details for the delivery of the keys, the prices of the associated services, the amount of the deposits and the tourist tax, as well as any other useful information to the Client.

In accordance with article L.324-2-1 of the Tourism Code, each Owner is informed that he/she is required to comply with the obligations of prior declaration or authorization provided for in article L.324-1-1 of the Tourism Code and articles L.631-7 et seq. of the Construction and Housing Code, as well as any other regulation that may be applicable.

In addition, each Owner agrees not to rent out his or her primary residence for more than 120 days per year. As regards their secondary residence, each Owner undertakes to contact the town hall of the municipality where their seasonal rental is located in order to find out about any preliminary and necessary steps to be taken before renting it out.

It is the responsibility of the Owner to identify and obtain any necessary permits, licenses or registrations for the Service. The Owner must have a permit or registration number in order to list the property on the Service. This number only applies to properties located in certain cities. A field is provided for this purpose in the "Description" part of the ad when it is posted on our Site. If the registration number is mandatory, and the field is not filled in, you will not be able to continue publishing the ad. If you do not have this number, you must take the necessary steps with the town hall of the town in which your property is located and which you wish to offer for rent on the Site. In the event of non-compliance with these obligations, penalties may be applied by the competent authorities. Not all municipalities are concerned by this obligation.

Each Owner declares on his or her honour that he or she complies with the obligations set out above prior to any vacation rental that may be made via the Site.

The Owner will be exclusively responsible for the description and the information he has validated. In case of non-conformity between the description and the reality of the accommodation, the Owner will bear the consequences and will have to compensate the Client.

The Owner undertakes to check all the information presented directly on the Site.

The Owner represents and warrants that the information provided does not violate any applicable regulations or agreements with third parties, such as lease agreements, union council agreements, condominium bylaws, and complies with all applicable laws and regulations, tax obligations that may apply to vacation rentals, and will not violate the rights of third parties. In particular, the Owner undertakes to only offer for rent accommodation which they own and remain the owner of or which they are entitled to offer for rent without this constituting a breach of any contract with a third party, for the entire duration of the rental and that all information provided is true, accurate, complete and up to date.

The Owner guarantees a spirit of loyalty towards LOCASUN and undertakes to inform LOCASUN as soon as possible of any problems of conformity or finishing that may lead to his inability to receive Clients. In the event that Clients cannot be accommodated in a satisfactory manner, the Owner undertakes to rehouse them in conditions that are at least equivalent, and to provide them with compensation (discount on the initial price of the accommodation or additional services to their initial reservation). Failing this, the cancellation conditions defined in article 4 of the present contract shall apply.

3.3 ACCOMMODATION SELECTION

The Owner recognizes and accepts that LOCASUN reserves the right not to publish offers of accommodation which do not conform to its quality policy and/or which are likely to infringe the rights of a third party or contain illicit content and/or which mention, directly or indirectly, a competitor of the Site. LOCASUN will inform the Owner by email of the reasons for such a refusal to distribute or delete an ad.

3.4 AVAILABILITY AND CALENDAR UPDATE

The Owner undertakes to regularly update its advertisements using the owner's area, which is accessible to it at all times. The Owner undertakes to treat Clients in the same way as his own clients and to provide availability for all periods of the year and for all days of operation, according to his capacity.

LOCASUN guarantees its clients that all the proposed stays are available, the Owner undertakes to keep up to date and to guarantee the availability of the accommodation that he/she proposes for rental via the Site so that the Clients have reliable information. Should the Owner fail to do so, LOCASUN will have the possibility, after having informed the Owner by email, to interrupt the diffusion of the Owner's advertisements until the availability of the calendar is updated without prior notice or compensation, which the Owner recognizes and accepts.

When a Client makes a reservation request, LOCASUN sends this request to the Owner. As soon as LOCASUN receives the acceptance of the reservation from the Owner within 24 hours, the rental contract between LOCASUN and the Client is sent by email to the Client.

3.5 MANDATORY INFORMATION WHEN CONFIRMING A RESERVATION

The reservation issued by LOCASUN will contain the following elements:

the name of the client,
the number of people,
the period,
the city,
accommodation type
The owner's net rent and the amount of tourist tax collected,
The reference of the Ad and the number of the rental contract.

3.6 PRICES AND PRICING POLICY

The Owner communicates the prices of the stays to LOCASUN within the framework of the Service by means of the owner's area.

The Owner is responsible for the prices transmitted to LOCASUN as part of the Service. In the event that LOCASUN has to set prices manually in its system, the Owner undertakes to verify the pricing at the time of each reservation, to note any discrepancies, and to alert LOCASUN as soon as they are noted and without delay. Failing this, LOCASUN is released from any error in data entry.

The Owner agrees to give LOCASUN the benefit of its best prices and of any promotion on its public rates.

3.7 COURSE OF THE STAY

The Owner is responsible for the smooth running of the stay and the conformity of the characteristics according to the data used as a basis for the reservation and communicated by the Owner to LOCASUN.
These conditions will be included in the contract signed between the Client and LOCASUN and will be binding in all cases on the Owner, who expressly acknowledges this. The Owner undertakes to give the best possible welcome to his Clients. The payment of any additional service not included and not foreseen in the contract concluded between LOCASUN and the Client, consumed on site by the Client, must be paid directly by the Client on site to the Owner.
The Owner undertakes to draw up an inventory of fixtures on arrival and departure with the Client. This inventory of fixtures must be signed by the Owner and the Client.

3.8 COMPLAINTS

LOCASUN also informs the Client that during their stay they must inform the Owner of any deficiencies in cleanliness, cleaning or restoration so that these can be noted.

Any complaints shall be presented to the Owner within three (3) weeks following the end of the stay and may be subject to a deduction from the price of the stay with the prior agreement of the Owner.

In the case of claims transmitted by LOCASUN to the Owner, the latter undertakes to deal with them within a period of fifteen (15) days from the date of reception of the email sent by LOCASUN.

3.9 GUARANTEES

The Owner certifies that his advertisements and their contents comply with all legal and regulatory provisions in force (in particular relating to advertising, competition, sales promotion, use of the French language, legal obligations imposed on his activity of providing vacation rental services, prohibition of the marketing of certain services), comply with the provisions of these GCS, and do not infringe on the rights of third parties (in particular intellectual property rights and personality rights).

The Owner declares that he/she has all the rights, in particular the intellectual property rights, and authorizations, in particular from the beneficiaries, necessary for the publication and reproduction of the advertisements on the Site.

Any advertisement published on the Site appears under the exclusive responsibility of the Owner.

Consequently, the Owner relieves LOCASUN of all responsibility, guarantees it against any recourse or action in relation to its published advertisements that could be brought against the latter due to the publication of the advertisements and will bear all damages as well as costs and expenses to which it could be condemned or which would be provided for against it by a transactional agreement signed by the latter with this third party, notwithstanding any damages that LOCASUN, their subcontractors and suppliers could claim due to the Owner's damaging acts.

The Owner acknowledges and accepts that LOCASUN has the right to delete, without prior notice or compensation, any advertisement that does not comply with these GCS, after having informed the Owner by e-mail. The Owner declares that he/she is aware of the extent of distribution of the site and, if applicable, of the partner site(s), and that he/she has taken all precautions to respect the legislation in force in the places where the ads are received, and releases LOCASUN and, if applicable, the third party site(s), from all responsibility in this respect.

3.10 TOURIST TAX

The tourist tax must be paid by the Client, according to the amount in force decided by the commune of the location of the seasonal rental. Also, in accordance with the legislation, LOCASUN collects the tourist tax, automatically at the time of the reservation request of the Clients, in the name and on behalf of the Owners and is responsible for transferring it to the communes concerned. The Client does not therefore have to pay the tourist tax to the Owner on arrival in the rental property. In case of cancellation of a reservation, the tourist tax will be refunded in full to the Client.

3.11 DEPOSIT

A deposit, the amount of which is specified by the Owner to LOCASUN, must be deposited when the keys are handed over. The amount of the deposit is specified on the advertisement, the rental contract between LOCASUN and the Client and the entry form.

3.12 RESPECT OF THE CO-OWNERSHIP RULES

The accommodations are rented on a seasonal basis for vacations. Clients must respect the rules of the condominiums governing the residences, in particular with regard to noise, the use of the garbage chute, the location of parking lots, the hanging of laundry and other interior provisions of the building and occupy the accommodation in good management without damaging it.

3.13 CLEANING

The rental is delivered clean. The Client staying in the property must return it in a clean condition identical to the initial one. If this is not the case, the Owner will charge the costs of cleaning and restoration. Likewise, if a breach of obligations is noticed, the Client must inform the Owner and LOCASUN on the day of arrival of any deficiencies in cleanliness, cleaning or restoration.

4.1 COMMISSION

The Owner will pay LOCASUN a commission for each reservation made, calculated and due on the Owner's public prices, the percentage of which is fixed at 15% including tax.

The Owner undertakes to ensure that the price indicated on the advertisements published within the framework of the Service is the public price. The prices indicated in the ads include the amount of the commission due to LOCASUN. In no case shall the commission be added to the price indicated on the ads and/or paid by the Client.

In the event of cancellation by the Customer, the amount of this commission will be recalculated on the amount of the indemnity remaining due to the PARTNER (see article 4.2.1 below).

In case of cancellation by the PARTNER, the amount of the commission due will be calculated on the public price of the cancelled reservation (see article 4.2.2 below).

4.2 CANCELLATION FEE

4.2.1 CANCELLATION BY LOCASUN

LOCASUN may cancel a reservation, regardless of the cause, under the following conditions:

Cancellation made more than twenty (20) days before the entry in the accommodation: no compensation;
Cancellation made twenty (20) to fifteen (15) days inclusive before the date of entry into the accommodation: 50% of the total net price;
Cancellation made fourteen (14) to eight (8) days inclusive before the date of entry into the accommodation: 75% of the total net price;
Cancellation made seven (7) days or less before the date of entry into the accommodation: 100% of the total net price.

Any cancellation must be made by LOCASUN by email to the Owner, the date of receipt of the email being taken as proof.

It is specified that these cancellation conditions only concern the relationship between the Owner and LOCASUN. With regard to the relationship between LOCASUN and the Client, the conditions of cancellation are those defined in the General Conditions of Sale of LOCASUN.
In the event that LOCASUN is obliged by law or regulation to reimburse the Client in full for payments made in the event of cancellation of a reservation, the Owner undertakes not to invoice LOCASUN for the corresponding cancellation fees.

4.2.2 CANCELLATION BY THE OWNER

In the event that the Owner cancels a reservation for any reason whatsoever, the Owner agrees to offer without delay and at his own expense accommodation of equivalent or higher category (upgrade) in the same city, or in the vicinity, bearing all costs incurred by such relocation and in particular the cancellation of ground or air transportation, and the cancellation of all services in the original city.

In addition, the Owner also undertakes to compensate the Client, via LOCASUN, according to the following scale :

Cancellation made more than twenty (20) days before the entry in the accommodation: no compensation;
Cancellation made twenty (20) to fifteen (15) days inclusive before the date of entry into the accommodation: 50% of the total net price agency;
Cancellation made fourteen (14) to eight (8) days inclusive before the date of entry into the accommodation: 75% of the total net price agency;
Cancellation made seven (7) days or less before the date of entry into the accommodation: 100% of the total price net agency.
In any case, the proposed relocation is subject to the Client's acceptance. In case of refusal by the Client, LOCASUN will be able to relocate the Client to an accommodation equivalent to the one initially booked, available in its catalog, and will charge the extra cost to the Owner. In the case of refusal by the Client of the different replacement accommodations proposed, the Owner commits to bearing any pre-litigation or litigation costs that LOCASUN may incur.

In this case, the amount of the commission remains with LOCASUN.

All cancellations must be transmitted by the Owner by email to LOCASUN. The date of reception of the email is taken as proof.

4.3.1 BILLING MANDATE

The Owner (the Principal) hereby expressly mandates LOCASUN (the Agent), who accepts to draw up, in his name and on his behalf, the invoices relating to the payment of the reserved vacation rental services, in accordance with the fiscal and economic regulations in force, and in particular the provisions of articles 242 nonies, I and 289, I-2 of the general tax code, as well as that of the fiscal instruction of 7 August 2003. < br /> The invoicing mandate, which takes effect as from the signature of the present document, is concluded for an indefinite period. It may be revoked at any time by the Principal, without any particular reason, by registered letter with acknowledgement of receipt sent to the Agent. The revocation will take effect on receipt of this registered letter with acknowledgement of receipt on the date indicated therein.

In the event of revocation, LOCASUN shall pay the sums due to the Owner for each stay booked thirty (30) days after receipt of an invoice issued by the Owner and complying with the conditions of form referred to in article 242 nonies A of Annex II to the CGI.

4.3.2 OBLIGATIONS OF THE MANDATARY

The Contractor undertakes to draw up the invoices which are the subject of the present document in accordance with the information given by the Principal, in the name and on behalf of the Principal, according to the forms, instructions and within the time limits defined by the Parties. The Contractor undertakes to ensure that the invoices, issued by him in the name and on behalf of the Principal in application of the present, present the same forms as if they had been issued by the Principal himself, in particular with regard to the obligatory mentions referred to by the applicable tax and economic regulations. The Agent also undertakes to ensure that the invoices issued by him bear the words "invoice drawn up by the "name of the Agent" in the name and on behalf of "name of the Principal".

4.3.3 OBLIGATIONS OF THE MANDATE

The Principal retains full responsibility for its legal and fiscal obligations in terms of invoicing under the original invoices issued in the name and on behalf of the Principal in application of the present document, in particular with regard to VAT obligations. In this context, it expressly undertakes to :

Declare to the tax authorities the VAT collected at the time of eligibility,
To pay to the Treasury the VAT mentioned on the invoices under the present agreement
To claim immediately the double of the invoice if the latter was not placed at its disposal by the Agent within the time limits and according to the conditions specified herein,
To inform the Representative in writing without delay of any change in the information relating to the identification of its company.

4.3.4 DISPUTE OF INVOICES ISSUED ON BEHALF OF THE PRINCIPAL

In accordance with the provisions of article 242 nonies appendix II of the General Tax Code, the invoices issued within the framework of the present, will not need to be formally authenticated by the Principal. The Principal will be able however to dispute the information contained in the invoices drawn up under the present, within sixty (60) days as from the issue of the aforementioned invoices. In the event of a dispute, the Principal will issue a corrective invoice without delay.

LOCASUN will proceed with the establishment of the invoice in the name and on behalf of the Owner and with its full payment, by bank transfer, at the latest five (5) days after the Client's arrival in the accommodation. Bank transfers are made every Tuesday, therefore arrivals from Sunday to Friday will be paid the following Tuesday. The Owner will have to enter his bank details online on the LOCASUN owner's area when registering in order to receive transfers. As part of the law n° 2018-898 of October 23, 2018 relating to the fight against fraud, LOCASUN is obliged to ask the Owner to provide a copy of his or her identity document if he or she is an individual, or his or her SIRET number if he or she is a professional. The copy of the ID or the SIRET number must be provided by the Owner at the latest at the time of payment. However, in the event of cancellation by LOCASUN, the Owner is informed that he/she must send his/her invoice to LOCASUN to regularize the file.

In accordance with Article L.441-10 of the French Commercial Code, any sum not paid by the due date shown on the invoice shall give rise, ipso jure and without the need for a reminder, to the payment of interest on arrears due from the day following the due date until payment in full on the basis of three times the legal interest rate and a flat-rate indemnity for collection costs of forty (40) €, as well as to the reimbursement of any collection costs incurred by the crediting Party up to the amount of the costs justified by the latter.

The data and, in general, all information communicated by LOCASUN to the Owner are strictly confidential, especially the Owner's login and password. They may only be used by the Owner for the purposes of the present contract and may not be disclosed to third parties or to members of the Owner's staff who are not called upon to participate in the execution of the services covered by the present contract, unless disclosure is necessary due to legal, accounting or regulatory obligations beyond the Owner's control, without prejudice to the non-disclosure undertaking set out in the article relating to the protection of personal data.
All documents and information of which the Owner may have knowledge in the context of the execution of the present contract and in particular those relating to the organisation, activities and results of LOCASUN or emanating from third parties are also confidential. Furthermore, LOCASUN may have signed confidentiality agreements with third parties in relation to the services entrusted to it.

The Owner undertakes to respect the terms and conditions of these confidentiality agreements concerning him/her as a partner of LOCASUN.

The Owner agrees to comply with and to impose upon its personnel and subcontractors this obligation of confidentiality throughout the term of performance hereof and for five (5) years thereafter.

Furthermore, upon expiry or termination of the present contract, the Owner shall either return to LOCASUN all documents containing confidential information relating to the present terminated contract, or assure LOCASUN of the destruction of this information.

However, the Owner shall not be liable for the disclosure of information provided that it can be proved:

if they are in the public domain or have been obtained through other non-fraudulent sources,

if LOCASUN indicates in writing to the Owner that it has removed their confidentiality.

6.1 LOCASUN'S STATUS ACCORDING TO DATA PRIVACY REGULATIONS

Within the framework of the execution of the present contract, LOCASUN processes the Owner's personal data for the purpose of ensuring the execution of the LOCASUN service, the management of the client relationship, invoicing and collection. They also process this data as part of their legitimate interest in soliciting the Owner again for commercial offers, for statistical purposes and to improve the user experience, and for the purpose of fighting fraud.

The data collected within the framework of the present document is accessible to LOCASUN's service providers, including Adevinta France (its parent company) on the basis of its legitimate interest, which contribute administratively and technically to achieving the above objectives.

LOCASUN's privacy policy with respect to personal data is applicable to the relationship between LOCASUN and the Owner hereunder and is available online at https://www.locasun.fr/cnil-et-confidentialite.

The Owner acknowledges having read it and will be able to find information on it:

to exercise their rights of access, rectification, opposition, deletion, limitation, portability as well as to withdraw their consent for prospecting.

Furthermore, LOCASUN is exclusively responsible for processing the personal data of the Owner and its clients, and LOCASUN will not transmit any client personal data to the Owner, other than those necessary for the proper execution of the vacation rental service reserved by the client and provided to the Owner.

6.2 STATUS OF THE OWNER ACCORDING TO THE PERSONAL DATA REGULATION

It is specified for all purposes that the Owner will be responsible for the processing of all personal data that he may receive on a client for the purpose of the perfect execution of a reservation for a vacation rental service offered by the Owner on the Site.

In this respect, the Owner undertakes to comply with the legal and regulatory provisions in force concerning the personal data of users that it collects.

In particular, the Owner undertakes to implement all technical means to maintain the integrity, security and confidentiality of the Customer's personal data, as well as to guarantee the security of access to the storage systems for such personal data.

The Owner is informed of the obligations incumbent on him as a data controller, and in particular the respect of the rights of the Customers and in particular, their right of access, opposition and rectification of the information concerning them.

The Owner and/or its agent shall be liable for any breach of these obligations and warranties and shall indemnify LOCASUN and/or the Companies (including court costs and attorney's fees) against any action, claim or demand brought by any authority or third party as a result of any breach by the Owner under this section.

Furthermore, the Owner undertakes not to canvass the Clients during or after their stay, and not to use the Clients' data for commercial purposes.

7.1 It is understood between the parties that the acceptance of these GCS does not imply any transfer or right whatsoever to the benefit of one party on the intellectual property rights of the other party (including, but not limited to, its trademarks, domain names, copyrights, logos, visuals, trade names and other distinctive signs) - hereinafter referred to as "Intellectual Property Rights". Each party shall refrain from using, in any way whatsoever, directly or indirectly, the Intellectual Property Rights of the other party, except with the prior written consent of the latter, it being specified that the Owner already grants LOCASUN the right to use its brand and logo in order to communicate on the existence of the collaboration within the framework of the execution of the present GCS, by any means and on any medium whatsoever, notably via press releases.

It is agreed between the parties that any public announcement made by LOCASUN concerning the existence of the collaboration between the Owner and LOCASUN shall conform to the provisions defined in the Confidentiality article of the present GCS.

This right to use the trademarks and logos of the Owner does not confer on LOCASUN any right of ownership or exclusivity over the right to use these trademarks and logos.

In any case, in the event that one of the parties is authorized by the other to use the latter's Intellectual Property Rights, the authorized party undertakes to reproduce the other party's Intellectual Property Rights (in particular its trademarks and/or logos) clearly, visibly and without alteration, in accordance with the graphic charter that will have been communicated to it beforehand by the other party (graphics, colors, proportions, etc.).

Each party agrees not to exploit the Intellectual Property Rights of the other party in a manner that may be detrimental to the latter.

The parties shall indemnify each other against all claims, demands and actions which may be brought against them as a result of the use of the Intellectual Property Rights of the other party in accordance with the provisions of these GCS, by third parties claiming a right or rights to said Intellectual Property Rights.

Each party agrees to indemnify the other in the event of damages resulting from the breach of this warranty and to reimburse the other for any expenses or costs of defense and/or recourse (including but not limited to attorney's fees or expert's fees), resulting from any claim, demand, action or remedy raised or brought by third parties on the grounds that the Intellectual Property Rights used in accordance with these GCS constitute an infringement of intellectual property rights or unfair or parasitic competition claimed by third parties.

It is specified that upon expiration or termination of these GCS, for whatever reason, each party shall immediately cease using the Intellectual Property Rights of the other party.

7.2 The Owner guarantees that he/she holds all rights (notably intellectual property rights) on the images that he/she provides to LOCASUN or that he/she has obtained all necessary authorizations for the use of these images by LOCASUN for the purpose of distributing the advertisements under the conditions provided for in the present GCS.

Consequently, the Owner guarantees LOCASUN against all recourse, claims and actions that may be brought against LOCASUN by third parties likely to claim any right whatsoever over the images transmitted by the Owner to LOCASUN and to contest their use within the framework of the present GCS.

The Owner undertakes to indemnify LOCASUN in the event of prejudice resulting from non-compliance with the present guarantee as well as to reimburse LOCASUN for any expenses or costs of defence and/or recourse (including, but not limited to, legal or expert fees) resulting from a claim, demand, action or recourse raised or instituted by third parties on the grounds that the images communicated to LOCASUN by the Owner constitute an infringement of intellectual property rights or unfair or parasitic competition claimed by third parties.

The Owner and LOCASUN shall not be held responsible for any delay, non-performance or other failure to meet its obligations resulting from a case of force majeure as defined in article 1218 of the Civil Code. Cases of force majeure are considered to be those usually retained by the jurisprudence of the French Court of Cassation.

Each party shall notify the other party by registered letter with acknowledgement of receipt of the occurrence of any case of force majeure.

In the event of a case of force majeure, if the impediment to the normal execution of the contractual obligation were to last for more than one month, the parties would be released from their mutual obligations as of right, without judicial formality, without prior notice and without any compensation being claimed from the defaulting party after the sending of a registered letter with request for acknowledgement of receipt having immediate effect.

The invalidity or inapplicability of any of the stipulations of the GCS shall not invalidate the other stipulations, which shall retain their full force and scope. However, the parties may by mutual agreement agree to replace the invalidated provision(s).

The present GTC are subject to French law.

In the event of any dispute as to the interpretation or execution of these GTC, the parties shall reach an amicable agreement before any referral to the competent courts.

For the Owners of accommodations acting in a professional capacity :

Each of the parties will have the possibility of referring to of your choice :

- the Business Mediator(free of charge) ou,

- the Paris Mediation and Arbitration Center (CMAP)(costs shared between LOCASUN and the advertiser)

The duration of the mediation shall not exceed 3 months, unless otherwise agreed by the parties.
Pursuant to this mediation clause, all exchanges between the parties shall, unless the parties agree otherwise, be confidential for an unlimited period.
In the absence of recourse to the said mediation process or in the event of a dispute persisting at the end of the said mediation, the latter will fall under the exclusive jurisdiction of the Commercial Court of Paris, even in the event of an appeal in warranty or multiple defendants, or in the event of emergency or protective proceedings, in summary proceedings or by petition.

- For the Owners of lodgings acting in a private capacity:

LOCASUN has set up a consumer mediation system (articles L.616-1 and R.616-1 of the Consumer Code). The mediation entity chosen is : SAS CNPM MÉDIATION - CONSOMMATION. The Lodging Owner acting as an individual may file a claim on the site: http://cnpm-mediation-consommation.eu or by mail by writing to CNPM - MÉDIATION - CONSOMMATION, 27, avenue de la Libération – 42400 SAINT-CHAMOND.

Pursuant to this mediation clause, all exchanges between the parties shall, unless the parties agree otherwise, be confidential for an unlimited period.

In the absence of an amicable agreement between the parties, the dispute will fall under the exclusive jurisdiction of the Commercial Court of Paris, even in the event of a warranty claim or multiple defendants, or in the event of emergency or protective proceedings, in summary proceedings or by petition.