Terms and Conditions
General Terms and Conditions of use of the BedandBreakfast.com/fr website
For Owners or Property Managers
(1) These Owner Terms and Conditions govern any relationship between Abritel.fr SAS (the Provider), acting on behalf of its affiliated company BedandBreafast.com Inc., and the property owners (hereinafter referred to as "Owner") for any commercial transactions relating to the use of the BedandBreakfast.com/fr website.
(2) The version that applies to the Owner is the one in effect at the time he accesses the Provider’s site. Only the current version will be visible on that site. It will remain available for viewing throughout its period of validity. Previous versions of these Owner Terms and Conditions are not retained by the Provider. The Provider suggests that Owners should print or save a copy of these Terms and Conditions on their computer.
(3) If the Owner is a legal person, he/she declares to have sufficient power of representation to bind the represented entity to these Terms and Conditions.
(4) The Provider does not authorize anyone to register with this site unless they are able to enter into legally binding contracts.
(1) The Provider’s objective is to provide an online portal where Owners can advertise one or more holiday homes for rental in the properties they own or manage (each a “Property”). The Provider also aims to facilitate contacts between Owners and potential tenants (Travellers), as well as any requests and reservations regarding the rental listings advertised on the portal.
(2) The Provider and/or the Provider affiliates, is not, and does not become, party to any contractual relationship between the Traveler and the Owner. In no event shall the Provider be liable in either tort or contract for the resolution, mediation or any other intermediary role that it may be required to play between the Owner and the Traveler, or for any consequences, regardless of their nature, resulting from a dispute between the Owner and the Traveler.
3. Contract Conclusion
(1) The BedandBreakfast.com/fr membership is one-year agreement one year, starting from the effective date of the initial payment. It automatically renews after its expiration at the rate applicable for the same service and with the same payment plan, unless the Owner expressly refuses the renewal at least 15 days before the listing expires. Owners will be notified of their membership expiration and the proximity of the renewal by mail or e-mail 30 days before their expiration date. Any special discounts and offers granted during the initial term are not granted for the renewed term.
(2) Payments are made annually for a period of 12 months by direct debit to the Owner’s credit card (Visa, MasterCard, Discover). The Owner must have previously authorised the bank to make the payment. If an Owner decides to cancel the automatic debit authorization, the Provider must be immediately notified through the contact form or by calling 04.83.53.01.31. Additional fees may be charged if the Owner’s bank were to reject the direct debit. Owners may also choose to pay their annual fee by bank transfer or by PayPal from a bank account. Credit card number and entry of username and password are via 128 bit Secure Socket Layer (SSL) technology.
(3) If Owners cancel their membership at any time after the 90-day guarantee but before the membership term is fulfilled, an early termination fee equal to the amount owed on the remaining term will be charged to the Owner.
(4) Any membership changes made during the course of the one-year membership (upgrades, secondary listings, etc.) will be pro-rated according to the previously selected plan (monthly or annually). A 90-day money back guarantee applies to all new memberships and auxiliary products.
(5) If an Owner purchases a listing, but does not complete the creation of the listing or the listing does not appear on the site for any other reason, refund requests for listing fees will be considered by the Provider, but are only available if applied for by the Owner by contacting the Provider through the contact form during the first three months following the relevant purchase date and on condition that (i) the relevant listing has not appeared on the site during the initial three months, and (ii) the failure of the listing to appear on the site during the initial three months does not result from the Owner failing to take such steps as the Provider may require in relation to the completion of the listing.
(6) The Provider reserves the right to decline to place any listing that appears, in the Provider’s discretion, to be capable of infringing, or be associated with the infringement of, any provision of these Owner Terms and Conditions.
4. Eligible Properties and Use of the Service
(1) All applications for membership are subject to the Provider’s review process to ensure that the Owner’s property meets the site’s specifications of eligible properties. Eligible properties must be less than 40 rooms unless they are historic in nature (greater than 50 years old). Breakfast must be served or available on request, and rooms must be individually decorated. Properties that are part of large chains with similar decor/architecture do not qualify. If one company has several inns, each property must be listed separately on the site with its own membership. These properties include, but are not limited to, hotels/motels, campgrounds, flats and RV parks.
The Provider reserves the right to refuse membership to any property at its discretion.
(2) As a result of registration, an Owner is given a user profile, providing access to its own Dashboard, a page reserved for the Owner which includes the data he contributes as well as any information provided about a property upon registration.
(3) In the Dashboard, Owners will have various functions available which are intended to assist them to manage their listings. It is thus possible for the Owner to manage any requests for information and reservation sent by Travellers, update listings and personal information, and access information about their membership. These functions, and the Dashboard itself, are made available on an “as is” basis, and the Provider does not undertake that the Dashboard or its functions will be complete or error-free.
(4) Travellers may also post their own reviews of Owners’ Properties (“Traveller Reviews”). The Owner will receive an email notification each time a Traveler Review is posted and is given the opportunity to respond to them (an “Owner Response”) Please note that the Provider does not, and does not realistically have the ability to, verify the accuracy or otherwise of Traveler Reviews. The Owner’s sole remedy, and the Provider’s sole obligation, is to permit the Owner to post an Owner Response to it.
(5) The Provider requires all Traveler Reviews and Owner Responses to conform to the content guidelines, and may decline to post any of them that the Provider finds does not do so. In the event that any Traveler Review or Owner Response appears on the site but fails to conform to the Content Guidelines, the Provider shall be entitled, in its sole discretion, to remove them from the site.
5. Listing Details and Services
(1) The Provider offers 5 types of memberships (Bronze, Silver, Gold, Platinum, Diamond) according to the desired level of visibility. The type of membership determines the ranking of the Owner’s listing in the search results for the relevant area, the number of photos allowed and the type of listing content. The higher the ranking in the search results, the better the listing will perform. The different types of memberships, their prices and the benefits offered can be found in the memberships presentation page.
All listings appear on the BedAndBreakfast.com site in the form of a search summary snippet with a picture of the property linked to a full-page listing.
(2) The listing (either with or without a picture of the property) linked to the full-page listing (with or without machine-translated text) may also appear on sites linked to the Provider website or the websites of affiliates with which the Provider has signed a content distribution agreement (including affiliates in other countries). However, the availability of search snippets, and the inclusion of property photos in them, is dependent on the availability of the relevant functionality on those websites.
(3) Property search snippets are searched and displayed based on the Provider’s sort algorithm. Travelers can also search listings according to various criteria, such as:
- The average reviews
- The number of reviews
- The pricing
- Special offers.
(4) The Provider has implemented the Google Translate service on some of the sites linked to the Provider website. This service translates all or part of the content of the Owner’s listing when the listing is published on sites linked to the Provider website. However, the Provider emphasizes that this is a static machine translation system which frequently makes mistakes. The Owner must review the translation, and correct all inaccuracies in it. The Owner will be solely responsible for the translation and will be able to publish its own translations from the Dashboard.
(5) The listings of eligible properties will be posted in the city or town where they are located. The Provider also offers the possibility to publish the listing in neighbouring cities, as provided in clause (7) below.
A Google Map with the property location can be displayed for each listing posted on the site. In order to do so, the Owner must confirm that the address indicated for the relevant listing is correct on the Owner’s dashboard. Before posting the listing, an Owner must separately agree to the relevant Google Maps terms and conditions.
(6) If the Owner has its own website upon which one or more properties appear, the Owner may place links from each listing to the Provider website, on condition that properties available through listings on the Provider website represent at least 50% of the total number of properties available on the Owner website. If the Provider finds that these requirements have been breached, the Provider will be entitled to remove, in its sole discretion, any link from the Owner website.
6. Additional Paid Services
The Provider makes available, and may from time to time add to or remove, additional paid-for-services that Owners decide to take (“Additional Paid Services”). The Additional Paid Services currently include:
(1) The “Listing optimization” service allows Owners to use the help of experts providing suggestions on how to optimize their listings. The creation of an optimized listing allows for easy searching by Travelers and is taken into account in the deployment algorithm of site results, but cannot guarantee outcomes in terms of visibility and reservations.
(2) The “Second City Listing” service allows Owners to display their listing on the search results page for the city selected by the Owner, provided that the city is located less than 50 kilometers from the property.
(3) An Owner may also participate in the “Featured Property” auction. The property photo linked to the full property details page of the listing will additionally be shown in the rotation list to the right of search results in all areas covered by the property. To use this service, an Owner must read and accept the relevant terms and conditions.
(4) Instead of translation through Google Translate, the Provider also provides the possibility of having the listing translated by a professional translation agency. This is a paid service and the Owner shall pay all the costs connected with the work performed by the translation agency The Provider hereby disclaims any responsibility for the quality of the translation made by a third party.
(5) The “Availability calendar” service allows an Owner to link the listing to a calendar displaying unavailable and available dates for a specific property. The Owner is solely responsible for updating its own availability calendar.
(6) The “Inn of the month” service enables Owners to participate in an auction and make their B&B the top-listed property on the search results page for every city/town in which the property is listed for one month. To use this service, an Owner must read and accept the relevant terms and conditions.
(7) More information about Additional Paid Services can be found on BedandBreakfast.com. Each Additional Paid Service may be subject to additional terms and conditions which will be available to the Owner at the time when the Owner agrees to take the relevant Additional Paid Service.
If the Provider determines, or an allegation is made, that (a) listings or other content associated with an Owner contain any material that infringes these terms and conditions, the law, applicable regulations or the rights of any person or entity, (b) an Owner has submitted unsuitable material to, or misused, the site, (c) an Owner’s listing or rental practices are unacceptable or unfair (for example, and without limitation, if an Owner double-books a property for multiple Travellers on the same date, or engages in any practice that would be considered unfair or improper within the holiday rental industry), (d) the Owner is in material breach of these Ts & Cs or any other obligations owed to the Provider, any Provider affiliate or Traveler, (e) an Owner has been is abusive or offensive to any employee or representative of the Provider, (f) an Owner uses a false identity, or (g) anything similar to the foregoing has occurred in relation to any of the Provider affiliates, then the Provider shall be entitled to terminate either (i) any affected listings, or (ii) all listings associated with such Owner (including, for the avoidance of doubt, any additional paid services relating to those listings) immediately and without refund of listing fees or any other fees or charges paid by the Owner. An Owner or listing that contravenes any of the above requirements shall be in breach of these Ts & Cs. Note that the Provider assumes no duty to investigate complaints.
8. Rights and obligations of the Provider
(1) The Provider shall be entitled to change the layout of the site at any time and without prior notice to the Owner provided that these changes do not affect the purpose or function of the portal, which is necessary to protect the Provider’s interests, and do not materially prejudice the Owner’s interests.
(2) The Provider shall use commercially reasonable efforts to ensure that property depictions on the site are as true and accurate a representation as practicable of the photographs submitted in an electronic or printed format to the Provider. However, Owners acknowledge having been informed by the Provider that deviations from original photos can occur when scanning non-digital images, and due to individual screen settings.
(3) The Provider may occasionally undertake upgrades of the site in order to address technological developments. Maintenance works are therefore sometimes necessary, which can lead to restrictions on the site. The Provider will, where possible, aim to ensure that maintenance of the site that causes any such restriction is undertaken at a time when Owner’s interests are least affected.
(4) The Provider also provides an enquiry contact form which serves to send messages from the Traveler to the Owner. The Owner acknowledges that, at the current state of technology, the Provider cannot assure that no unauthorized third party will be able to use or access the Provider’s messaging system and unlawfully intercept or copy messages. The Provider shall not be held liable for any such access and misuse of the site and its database by third parties.
(5) The Provider shall not conduct any identity checks of the Owners who register their properties on the site. If the Provider – including as a result of information provided by Travellers - suspects that the Owner has supplied false information, the Provider is entitled, but not obliged, to carry out identity checks of the Owner.
(7) The Provider complies with Articles 111-2 et seq of the French Consumer Code insofar as these provisions apply to the Provider, and the latter will respond to any request by Owners or Travellers as provided for by Article 111-2 above.
(1) The Provider is the sole owner of the Site. Reproduction of the Site, in whole or in part, is strictly prohibited.
(2) Owners are permitted to download, display or print individual pages of the site to evidence their agreement with the Provider. The relevant file or the relevant printout must clearly bear the text “© 2001-present BedandBreakfast.com Inc. - All Rights Reserved”.
10. Rights and obligations of the Owner
(1) The Owner shall submit truthful particulars about his personal identity and payment data and offer in listings only B&Bs which the Owner is entitled to rent to travelers.
(2) The forms made available to the Owner by the Provider must be completed in accordance with the relevant instructions provided on the portal and can only be used to post a property listing on the portal. In particular, the Owner is not permitted to advertise several properties in one listing if the Owner has not subscribed to the corresponding service or to offer for rent a property other than the one advertised on the portal.
(3) The Owner undertakes to present all information concerning the property fully and accurately, and (a) if a translation is provided, the Owner must ensure that it is carefully and correctly translated, and (b) any misleading information will be removed from the listing. The Owner will be solely and fully responsible for any errors or misleading information contained in the listing.
(4) The Owner agrees to comply with the legal obligations set out in Articles 111-1 et seq of the French Consumer Code on the property information to be provided to Travellers, to the extent that these Articles apply to the Owner.
(5) Owners are required to keep their account login details secret and not to pass them on to third parties. If Owners are contacted by third parties and asked for login details, under no circumstances should they impart that data, but must immediately notify the Provider of the situation using the contact form. Should any Owners notice that their account is being used by an unauthorized third party, they should immediately report the matter to the Provider using the contact form and change their password.
(6) The Owner will comply with the French law of 6 January 1978 relating to information technology, computer files and freedom of information, especially with regard to the obligation to provide information to Travellers, to rectify the information provided by Travellers to the Provider and to comply with all laws and legal provisions relating to the collection, storage and use of data.
(7) Emails and recommendations submitted through the “Recommend to a friend” option, may be sent out only with the recipient's consent.
(8) Before submitting their listings to the Provider, Owners must ensure that they do not infringe any applicable laws or regulations. Owners are solely responsible for any consequences of non-compliance with any laws applicable to the content of their listings. The Provider hereby disclaims any liability arising out of or in connection with the verification of compliance of the Owner’s listings with applicable laws and regulations.
(9) The Owner shall be solely responsible for charging, accounting and paying the relevant authorities for, any taxes, fees or amounts due (including, where relevant, VAT) on the payments they receive.
(10) If the Owner is VAT registered in his country, he has to provide the Provider with his valid VAT number. This number has to be validated by VIES http://ec.europa.eu/taxation_customs/vies/. The Provider will then apply the reverse charge mechanism to the Owner. The Owner shall provide his valid VAT number immediately, however no later than thirty (30) days after registration. If the VAT number is provided after thirty (30) days only, the Provider will not refund any VAT amount. If the Owner is subject to VAT in France, French VAT will be charged by the Provider.
(11) The Provider reserves the right to transfer these Owner Ts & Cs, and to assign or subcontract any or all of its rights and obligations under these Owner Ts & Cs, to a third party but will not do so in such a way as to reduce any guarantees given to the Owner under these Owner Terms and Conditions.
11. Owner’s rights to content
(1) The Owner declares that he has all the rights to the text, images and any other content submitted to the Provider. Specifically, the Owner undertakes that he has been granted the necessary consent by any persons featured (model release form) or owners of featured items (property release form).
(2) To the extent that Owners’ listings may contain trademarks or other industrial or intellectual property rights relating to items or persons featured in any image or symbol, Owners declare that they have the right to use them.
(3) By submitting any form of content to the Provider, the Owner authorises the Provider and any other affiliate of the HomeAway group to display and disseminate the content.
Owner shall indemnify and hold Provider harmless against any claims by third parties, including any claims by Travellers, brought against the Provider and/or the Owner arising out of or in connection with the publication of a listing on the Provider’s portal by the Owner.
An Owner or a third party shall not:
(a) With respect to the Provider site, use its content, and databases comprised in the site, in any form, whether by using automatic devices or manual processes, to copy, distribute, reproduce, edit, translate, or decompile any of the same, grant any right to use information or make it publicly accessible, whether intentionally or not, in whole or in part.
(b) Monitor content on the Provider site by means of robots, spiders, or other automatic instruments;
(c) Use the site for purposes other than posting property listings and/or the search for properties, or the delivery of valid messages (for example, to send unsolicited messages);
(d) Transmit, send or upload any content or programs that may damage the system or use any hardware or software with malicious content or containing harmful programs.
(e) Include content that breaches any applicable criminal or other laws, particularly those relating to the protection of personal data and privacy, or encourages any such breach;
(f) Use or access the Provider site in any way that might endanger the computer system or the site;
(g) Refer to the Provider or any Provider affiliate in any way that might lead someone to believe that the Owner, any property, listing or website is sponsored by, affiliated with, or endorsed by the Provider or any Provider affiliate.
14. Right to block or delete offers
If an Owner is in arrears in the payment of membership fees or other charges, or if a third party asks that a listing is removed on the basis of an alleged violation of trademarks, copyrights, or legislation on competition or the protection of privacy and/or personal data, or for any other valid reason, and the Owner cannot prove to the Provider that he has the right to post the content, including any images and/or photographs, the Provider shall be entitled to block or remove the Owner’s listing, temporarily or permanently, without prejudice to any other legal action.
15. Owner’s liability
The Owner will be held solely and exclusively responsible for all the financial consequences resulting from damage to the Provider due to any content or programs transmitted or sent by the Owner that would damage the Provider’s material, especially by damaging the system or its data or causing any faults within said system or its failure. The financial consequences mentioned above include any legal and professional fees.
16. The Provider's limited liability
In case of breach by the Provider of one of its core obligations, its liability shall be limited to the amount paid by the Owner to the Provider for posting a listing on the Provider’s portal.
In no event will the Provider be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from the site, use of the site and/or any transaction between users, even if the Provider has been advised of the possibility of such damages. If you do not agree with any part of these Terms and Conditions, then you are advised not to use this site. In all events, the Provider’s liability to any third users of the site is limited to the greater of (a) the amount of fees paid by the user to the Provider in the six months prior to the action giving rise to liability, and (b) one hundred euros in the aggregate (€ 100).
(1) Any message should be sent to the Provider by post to BedandBreakfast.com, Inc., 1011 W Fifth Street, Suite 300, Austin, TX 78703, USA, or by using the contact form.
(2) Notices regarding infringements of copyright must specify the following:
(a) Address, telephone number and email of the sender;
(b) Detailed information about the content concerned (display of the image or text), including a link to the site;
(c) A formal declaration showing that:
(i) The Owner is the owner or holder of the exclusive industrial or intellectual property rights to the work in question;
(ii) The Owner has not authorised the use of the relevant documents in the Provider’s portal.
18. Governing Law and Jurisdiction
(1) The relationship between the parties shall be governed exclusively by the laws of the State of Texas.
(2) Any disputes between the Provider and the Owner will be subject to the exclusive jurisdiction of the courts of Austin, Texas.
19. Miscellaneous provisions
The invalidity of one or more provisions of these Terms and Conditions shall not affect the validity of the other provisions.
Date: April 2013