TERMS & CONDITIONS
Article 1: Preamble
The contract for the booking of an apartment in France is concluded depending on the apartment between either :
Important: Any use in any capacity whatsoever of the Website www.merveil.co necessarily implies the unconditional acceptance by the User of these TOS.
Article 2: Definitions
The terms defined below give the parties the following meanings:
"Resident" refers to any user registered on the Website who wishes to rent properties available online.
"Listing" refers to all material concerning the rental listings, including photographs, descriptions of the property, prices and references under the description.
"Services" refers to all the paid additional services provided by Merveil on the online Website such as an extra fee for additional visitors.
"Housing" refers to the available properties published on the online Website. - "Member" refers to any user who registers on the Website.
"Website" refers to the Website accessible at www.merveil.co. The Website amalgamates all online web pages hosted by Merveil.
"User" refers to any person who visits the Website, including Tenants.
Article 3: Access the Website and Create an account
The User acknowledges having the skills and means necessary to access and use the Website and has verified that the configuration used contains no viruses and is in perfect working condition.
Merveil strives to provide tenants with available and verified information or tools but will not be held responsible for errors, lack of availability of features or the presence of viruses on its Website.
The Website is accessible 24 hours a day and 7 a week. Merveil will not however be held responsible for any discontinuities of the Website and its services, whether voluntary or not. In addition, for maintenance reasons, Merveil may interrupt the Website and will endeavor to inform users
Access to the Website is open to all online Users, as are the ads and the calendar, which displays apartment availability. However, for some Website features, Users need to be a Member in order to gain accessibility. For example, only Members may book online on the Website. As such, only individuals, be they under or over 18 years of age, may register to become a Member and/or justify an authorization from his legal representatives or any corporation acting through a natural person with legal capacity to contract in the name and on behalf of the legal person . The Member agrees not to create or use other accounts that were initially created, either under his own identity or that of a third party, without the prior written permission of the publisher. Otherwise if he did not get prior written permission, the account will be suspended, including all services associated with it. The Member is obligated to notify the publisher immediately of any compromise on the confidentiality of his password or any other third party use of which he has knowledge. Upon receiving this notification, the editor will delete the password within 48 hours, allowing access to the customer center. If the Member has selected to login using the integrated Facebook connection to the Website interface, Merveil has the right to use the data available from the Facebook account. Once the Member has provided their Facebook username and password, Merveil allows the Facebook login to connect automatically on subsequent logins to the Website. The data available on the Member’s Facebook account allows the User to register without having to complete a new online registration form. The personal information Merveil requires in order to perform a reservation is collected directly from the Facebook account, with the authorization of the Member.
Merveil may make inquiries we consider necessary to help verify or check your identity or prevent fraud. In some jurisdictions, we have a legal obligation to collect identity information to comply with anti-money laundering regulations. This may include asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information.
Article 4: Member obligations
As part of the use of the Website, each Member undertakes not to undermine the public order and comply with laws and regulations, respect the rights of third parties and the provisions of these TOS. Each member is obliged to:
Act fairly towards Merveil and its third parties.
Provide honest and sincere information to Merveil.
Use the Website in accordance with the purposes stated in this TOS.
Not make use of the Website in order to commit crimes, misdemeanours or petty offenses that are punishable under the Penal Code or any other law.
Not attempt to divert traffic to another Website or a competitive service.
Not seek to undermine:
France - section 323-1 and the Penal Code
Not insert hyperlinks into the Website.
Article 5: Merveil Obligations
The publisher strives to offer Tenants information or tools available, which are correct and verified. However Merveil will not be held responsible for any errors, lack of availability of features or the presence of viruses on its Website. The Website is accessible 24 hours a day and 7 days a week. The editor of the Website will not, however, be held responsible for any discontinuances and interruptions of the Website and its services, whether voluntary or not. In addition, the publisher of the Website may interrupt its activity for maintenance reasons and will endeavour to inform Users of this interruption. Merveil disclaims all responsibility: • If it is unable to temporarily access the Website for technical maintenance or to update the published information, • In the event of computer virus attacks, • In the event of incomplete or incorrect User information, • In the event of incorrect advertisements, • In relations between Users, • In the event of abnormal use or illicit exploitation of the Website, the User will be held responsible for any damage to third parties and for the consequent actions or claims that may arise. Merveil will not, under any circumstances, be held liable for non-performance or improper performance of contractual obligations attributable to the User, in particular during the exchange of information between Users or when publishing content by Users. Merveil will not be held liable or deemed to have breached these terms in the event of any delay or failure when the cause of delay or non-performance is linked to a case of force majeure as defined by the applicable law. Merveil is not responsible and thus does not repair any consequential damages suffered by Users or any third party due to the use of the Website. Here, the term "indirect" damage refers to damages that are not exclusively and directly the result of a Merveil actions or lack thereof.
Article 6: Reservation conditions
The total price to be paid by a Merveil Tenant always includes the price of the apartment rental, plus the listed cleaning fee and applicable local taxes.
The total price is also subject to optional Services (such as an extra fee for additional visitors, etc.). The fees, charges and deposit are all detailed in the Listings. These amounts correspond to the prices and fees that we know are in effect when the contract is agreed upon. Fees that are not under our control (such as local taxes, etc.) may be higher or lower than we publish (for instance, if they have changed in the meantime). These will be finally determined according to the rate that applies on the check in and check out dates.
If your reservation was made through another online provider and not through Merveil website, it is possible that the online provider did not charge you for the listed cleaning fee, applicable local taxes and optional Services. If that is the case, Merveil will charge you for the remaining amounts.
The delivery time of the Services can be from one to three days, prior to booking, according to the Service chosen. The average security deposit is five hundred Euros. This amount can evolve depending on the apartment chosen, and booking conditions. It will be requested upon check in, and refunded after check out if no damages are found in the apartment, as described at article 7 of the present TOS.
After the Tenant selects the apartment and the extra Services, he will complete the reservation process by paying with a credit card directly on the Website. The prices are in euros and the commission on extras proposed by Merveil varies according to the proposed Services. The cost of credit card payment is entirely the responsibility of the Member. The proposed method of payment is SSL secured payment. This payment protocol is standard and recognized worldwide for the protection of data transmitted over the internet. It is available on almost all Internet browsers (Internet Explorer, Microsoft, Navigator V1.1, Netscape, Firefox etc.). The information Members provide of their credit or debit cards (number, expiration date of validity, etc.) is encrypted before the sending of the email to the transactions payment server. The amount of the reservation will be charged by:
Archides SAS 15 rue Royale, 75008 PARIS ID NUMBER: 832 930 689, together with Archidotel SAS, 15 rue Royale, 75008 Paris . Any claims should be sent by email to firstname.lastname@example.org or by mail at the following address: Merveil PARIS 15 Rue Royale, 75008 Paris
Article 7 : Withheld Security Deposit
The security deposit is subjected to be withheld for the following reasons:
Damaged or broken furniture
Damaged kitchen appliances or lighting
Damaged television of Hi-Fi equipment
Stained or damaged walls and upholstery
Broken dishes, windows or mirrors
Damaged or missing accessories
Flooding or fire
In order to avoid any conflicts, Merveil recommends that if something is damaged during your stay, contact your Guest Relations.
Additional local rules that are a basis for deposit withholding:
Pursuant to article 561 of the Penal code, any noise pollution occurring between 10 pm and 6 am is considered as a breach of disturbance of the peace at night, punished by a maximum amount of 20 euros and 5 days of imprisonment.
Article 8: Stripe payments
The credit card used to make the reservation must be presented upon arrival. The cardholder's name must match the name on the photo ID.
For reservations with prepayment, the credit card used to make the reservation and a matching photo ID will be required upon check-in.
If you are unable to provide the items, Merveil will be entitled to refuse access to the apartment.
Article 9: Online
Only members who have stayed in the precise locations may evaluate the accommodations. Each Tenant will receive an email message within 48 hours after checkout reminding them to comment and assess the precise housing in which they stayed. Merveil has a pre-moderation power over the comments left by Members. Comments must, in any event, not conflict with any laws and regulations, morality and public order, nor denigrate disproportionately the accommodations displayed on the Website. Merveil has also provided tools that enable members to share the advertisements across different community Websites, social networks and blogs published by third parties. Merveil exclusively allows the User to share this type of communication for promotional purposes, excluding any commercial use or promotions unrelated to Merveil projects.
Article 10: Waiver of right of withdrawal
According to the law of the 17th of March 2014 the right of withdrawal does not include: 1. Contracts for the supply of services if performance has begun, with the consumer's agreement, before the end of the withdrawal period (Article L. 121-21-8 alinea 1 of the Consumer Code). 2. Hosting services other than residential accommodation, goods transport services, car rental, catering or leisure activities to be provided on a date or at a specific period ((Article L. 121-21-8 alinea 12 of the Consumer Code). The Member may not therefore claim any refund of service fees from Merveil.
Article 11: Penalty measures
In case of violation of these TOS, Merveil reserves the right to take the following measures with the Member concerned: - Suspend the Member's account during all the initiated procedures. - Delete the Member's account at the end of the procedure. Members whom the above sanctions and/or restrictions and/or suspensions on the Website apply to, may not open a new account on the Website.
Article 12: Data protection
Data Protection rights are provided in the email sent by email@example.com indicated by the subject line « DATA PROTECTION », which encloses a copy of the Member’s identity document.
Limitation of Liability
Merveil disclaims all responsibility:
If it is unable to temporarily access the Website for technical maintenance or to update the published information,
In the event of computer virus attacks,
In the event of incomplete or incorrect Users information,
In the event of incorrect advertisements,
In relations between Users,
In the event of abnormal use or illicit exploitation of the Website, the User will be held responsible for any damage to third parties and for the consequent actions or claims that may arise.
Regarding the content posted by the Tenants, Merveil has moderating rights on the comments left by them. Tenants will be invited to comment on the Website in an email sent by Merveil 48 hours after the end of their stay at the Merveil property.
TRAVEL-RELATED SERVICES THAT Merveil CONNECTS YOU WITH, SUCH AS AIRPORT TRANSFERS, LUGGAGE STORAGE AND CITY TOURS, ARE PROVIDED BY THIRD PARTIES, NOT Merveil. Merveil DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY FOR THOSE SERVICES AND THEIR ADEQUACY, SAFETY, QUALITY OR CREDIBILITY.
Merveil will not, under any circumstances, be held liable for non performance or improper performance of contractual obligations attributable to the User, in particular during the exchange of information between Users or when publishing content by Users.
Merveil will not be held liable or deemed to have breached these terms in the event of any delay or failure when the cause of delay or non-performance is linked to a case of force majeure as defined by case law courses and French courts.
Merveil is not responsible and thus does not repair any consequential damages suffered by Users or any third party due to the use of the Website. Here, the term "indirect" damage refers to damages that are not exclusively and directly the result of a Merveil actions or lack thereof.
Article 14: Intellectual Property
Except for content posted by Users, the brands, logos, slogans, graphics, photographs, animations, videos and texts found on the Website are the exclusive intellectual property of Merveil and may not be reproduced, used or represented without the prior express consent of Merveil under penalty of prosecution. Total or partial representation of the Website and its contents, by any means whatsoever, without the prior express consent of Merveil is prohibited and constitutes an infringement punishable by:
France. articles L.335-2 and articles L .713-1 and following of the Code of Intellectual Property
The insertion of deep links to a page on the Website is prohibited without the prior written consent of Merveil. Merveil expressly forbids: the extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the contents of a database to another medium by any means and in any form whatsoever, and the reuse of all or a qualitatively or quantitatively substantial part of the database content.
Article 15: Enforceability of TOS
These TOS are binding upon registration of a Member on the Website. These TOS are binding throughout the operating life of the Website, and until new TOS replace the present.
Article 16: Modification of TOS
Merveil hereafter reserves the right to change the above TOS at any time. The changes will take effect 48 hours after publication. Users will be informed of TOS changes by consulting the date of last update of the TOS.
Article 17: Validity of TOS
The fact that one of the Parties did not require the application of any provision of these TOS, whether permanently or temporarily, shall under no circumstances be regarded as a waiver of such provisions. If any provision of these TOS were to be invalid under a legislative or regulatory provision in force and / or a court decision having force of res judicata, it will be deemed unwritten but will not affect the validity of the remaining provisions which shall remain fully applicable. In this case, the Parties will agree upon a new provision to replace the one declared null and irrelevant. It is stated that the new provision must resemble and comply as much as possible with the spirit and the economic impact on the Parties of the provision replaced.
Article 18: Governing Law and Jurisdiction
THESE TERMS ARE GOVERNED in accordance with the laws in France. FOR ANY DISPUTE, ONLY THE COURTS set forth in Paris, France WILL BE COMPETENT. This applies to substantive rules and procedural rules, notwithstanding the execution venues substantial or accessory obligations.
Article 19: General Provisions
The fact that one of the Parties did not demand the application of any provision of these TOS, whether permanently or temporarily, shall under no circumstances be regarded as a waiver of such provisions.
These TOS do not grant any guarantee or exclusivity for the provision of services to Users.
If any provision of these TOS were to be invalid under any law or regulation in force and / or a court decision having force of res judicata, it will be deemed unwritten but will not affect the validity of the remaining provisions which shall remain fully applicable.