PART I – TENANTS

 

These general terms define the terms and conditions pursuant to which the AOD INTERNATIONAL company (hereinafter referred to as “AOD INTERNATIONAL”) permits its users to consult its online platform available on the website for booking apartments www.tripntrends.com (hereinafter “the Website”).

The website is meant to connect property owners wishing to offer their property for holiday rentals/lettings and tenants – vacationers/holidaymakers looking for accommodation in the form of short-term and holiday residence.

These general terms are intended to govern all rentals of property, including also those situated outside French territory.

 

Article 1- DEFINITIONS.

    1. The terms “lessor”  or “owner” denote:
  • The owner of the product offered (apartment, villa, house etc),
  • Any person authorized by the owner of the property: real estate agency, management agent, travel agency, lawyer, representative, etc. with the explicit exclusion of the AOD INTERNATIONAL company which in no case is the representative of the owner.

 

    1. The terms “the website” or “the platform” denote the Trip’N’Trends online platform, available at www.tripntrends.com

1.3. AOD INTERNATIONAL refers to the company operating the www.tripntrends.com website, it being specified that the mission of AOD INTERNATIONAL is limited to the presentation to the users of rental offers of properties belonging to the owners, with the exclusion of any property belonging to it or for which it holds management mandates.

1.4. The terms ‘tenant”, “client” or “vacationer” / “holiday-maker” denote the person booking a property through the www.tripntrends.com website.

1.5. The terms “property” or “accommodation” denote the apartment, house, penthouse, villa or other type of accommodation which AOD INTERNATIONAL offers through the www.tripntrends.com site for renting.

1.6. The term “user” denotes any person who consults the Trip’N’Trends platform or uses the services proposed by it.

1.7. The sign “T&T” or “T’N’T” denote the website which is the subject of these general terms.

 

Article 2 – SUBJECT MATTER OF THE GENERAL TERMS

These general terms are meant to define the terms and conditions pursuant to which AOD INTERNATIONAL offers to the client, through the www.tripntrends.com website, a service of booking properties made available by the owners for short-term rental, with the express exclusion of any rental service.

The contractual relation between owner and tenant is distinct from the present document, which the client acknowledges and fully accepts.

 

Article 3 – PRECONTRACTUAL INFORMATION – USER’S ACCEPTANCE

The client acknowledges to have been notified, prior to the booking, in a clear and understandable manner, of the present General Terms and all information and data listed in Article L. 121-17 of the French Consumer Code, and in particular:

– the identity and contact information of the lessor;

– the principal characteristics of the properties offered for rental;

– the identity and contact information of the AOD INTERNATIONAL company;

– the total price of the booking;

– the terms of payment;

– the absence of the right of withdrawal, in conformity with the provisions of Article L.121-21-8 of the Consumer Code, as regards the provision of accommodation services, other than those of residential accommodation which should be rendered on a date or in a specific period.

 

Article 4 – ACCEPTANCE OF THE GENERAL TERMS

The creation of a Trip’N’Trends account and / or of any booking of a property appearing on the platform entail fully adhering to and accepting the totality of the present general terms, which the client acknowledges expressly.

 

The general terms can be accessed at any time on the platform. They can be saved by the client for future use.

 

Article 5 – MODIFICATION OF THE GENERAL TERMS

AOD INTERNATIONAL reserves the right to modify unilaterally the present terms. The company communicates this to the clients through the publication of new terms, as well as by sending notifications by email.

The modifications of the general terms are enforceable with respect to the clients on the platform starting from their publication online.

In the event of modification subsequent to the client’s latest connection, it is the client’s responsibility to read /discover the new General Terms.

 

Article 6 – ELIGIBILITY

The Website and the services offered are meant to be used by persons of age (18 years of age or older). By using the platform the client certifies to respect the required conditions of age and to have full legal capacity to commit himself / herself.

 

Article 7 – DESCRIPTION OF THE SERVICE

7.1. AOD INTERNATIONAL only intervenes as an intermediary, connecting the owners of properties offered for holiday rental / lettings and the tenants wishing to benefit from short-term accommodation.

AOD INTERNATIONAL neither owns the rented properties, nor does it manage or lease them. Prior to publishing the announcement on its website, the company makes sure that the lessor owns the property and has the powers to consent to the lease.

7.2. The user can access the services offered by AOD INTERNATIONAL by going on the www.tripntrends.com Website.

The operations of the Website constitute the publication of, on the part of AOD INTERNATIONAL, of announcements allowing the users to book residential or other properties.

 

AOD INTERNATIONAL:

  1. Publishes the announcements that have been given to it by third parties, owners or their agents as well as the terms which apply thereto.
  2. Receives the payments of the deposits for the booking from the clients, on behalf of the lessors.
  3. Transmits the incoming amounts to the lessors through Paypal, bank transfers.
  4. Provides information for reference purposes only regarding events taking place in various venues.

 

7.3. Terms for booking of properties and the creation of an account

It is possible to consult the properties without creating an account for the Trip’N’Trends website.

In contrast, in order to book a property through the Website, the client must provide some details.

The data required are a Name, a Last name a valid email address and a phone number. As soon as possible following his / her registration, the client receives an email which states all the information for the booking request.

 

7.4. Pre-booking and effective booking of the property

On the Website the client selects the property that he / she has chosen to rent as well as the days and the times of arrival and departure and the number of persons to be accommodated.

The client addresses a pre-booking request to AOD INTERNATIONAL which commits to inform him /her within a period of 72 hours starting from the time of the request about the availability of the property during the dates specified, by taking into account the information it has received from the owners.

The client is informed, prior to finalizing the pre-booking, of the total cost of his / her booking, of the deposit used to guarantee the booking that may be demanded by the owner and the terms, dates and venues of payment.

AOD INTERNATIONAL sends to the client a confirmation email regarding the availability of the property on the selected dates and ask him/her to confirm or not his/her booking (bouton YES or NO).

If the client confirm his/her booking (bouton YES), an email is sent asking to proceed to the payment of the requested security deposit or of the payment of the entire rent, in accordance with the terms applicable to the property and specified in the announcement.

The client communicates his / her bank details as a form of pre-booking guarantee pursuant to the terms defined in Article 12 (PART I – TENANTS) below by providing the requested data (a 16-digit bank card number, date of expiration and cryptogram).

As long as the client has not received this notification, the client remains free not to follow up. In this case, he / she shall inform AOD INTERNATIONAL about this, without it being possible to charge him / her with any fee.

If the property is not available on the dates selected, or the client doesn’t want to confirm the pre-booking (bouton NO), the pre-booking is cancelled and no fee can be invoiced to the client.

Once the booking has been confirmed, AOD INTERNATIONAL emails the client the booking summary stating the details of the booking, the days and hours of arrival and departure, and the costs remaining to be settled in the hands of the owner, as the case may be.

The pre-booking by means of entering bank details is valid as a mandate by the client to the institution holding his / her account to pay the sum appearing in the booking summary upon receipt of the confirmation by AOD INTERNATIONAL regarding the availability of the property.

The client is perfectly informed and accepts that the booking is closed starting from receiving the confirmation by AOD INTERNATIONAL regarding the availability of the property, and this constitutes unreserved acceptance of the rates proposed by the owner.

The client is equally advised of the fact that he / she will only be able to cancel his / her booking subject to the terms and conditions as set forth in Article 11 below (PART I – TENANTS).

7.5. After having stayed in one of the properties offered by the Website and which they have rented using the service of the website, the clients have the possibility to visit the Website again and to publish a comment visible on the Website. This right is reserved solely for the clients.

AOD INTERNATIONAL can at its discretion decide to publish or not a comment and may censor certain comments that it judges to be offensive, inappropriate or of a racist, sexual or homophobic nature. It equally reserves the right, if it chooses, to inform of this fact the client who has issued a censored comment.

 

Article 8 – OBLIGATIONS OF AOD INTERNATIONAL

8.1. AOD INTERNATIONAL commits, through its Website, to connect property owners wishing to offer their property for holiday rentals / lettings and tenants – vacationers / holiday-makers looking for accommodation in the form of short-term and holiday residence with the help of the Website.

AOD INTERNATIONAL commits to use its best efforts to guarantee the good functioning of the Website, to undertake as soon as possible all necessary repairs in order to allow the users to consult the announcements and obtain information about the properties available for rent.

8.2. Prior to publishing the announcement on its website, AOD INTERNATIONAL makes sure that the lessor owns the property, has the authority to lease it and / or that the authority granted to the agent of the lessor is valid.

8.3. AOD INTERNATIONAL undertakes to respect the confidentiality of all the data of personal nature and the bank details transmitted to it by the tenants, and it undertakes not to disclose them without their prior and specific consent. As an exception to the foregoing, AOD INTERNATIONAL shall be authorized to reveal these data in the event of an order which shall be made to it by the police department or by any jurisdiction.

8.4. In the specific case when after the payment of the booking deposit the booked property is no longer available due to an event that occurred outside the control of the lessor (withdrawal without notice of the management mandate or an exceptional event with the characteristics of a force majeure), AOD INTERNATIONAL shall use its best efforts to provide the tenant with an alternative at the same pricing conditions: the rental of a similar property located in the same geographical zone or hotel accommodation.

 

Article 9 – OBLIGATIONS OF THE CLIENT

9.1.  The client commits to make good use of the Trip & Trends platform and commits not to:

– impersonate, i.e. steal the identity of, a lessor or a tenant,

– use a method of payment that has been the object of theft or fraud,

– copy or reproduce texts or the content of the Website, or photographs of the properties without the prior authorization of AOD INTERNATIONAL,

– make comments on the Website of racist, homophobic, sexual nature etc.

 

In the event of prohibited usage or in the event of a suspicion of a behavior judged by the Website to be inappropriate, the Website reserves the right to suspend or to terminate the account of a client in question, and to initiate proceedings against him /her, if necessary.

9.2. The client commits to settle the payment of his / her booking in accordance with the terms and conditions as set forth in the announcement and appearing on the Website.

9.3. In addition to the explicit obligations that appear on the rental contract signed between the owner or his / her agents and the client tenant, the client acknowledges to have been informed and accepts that he / she will have to abstain from any rowdiness or excessive noise in the rented property, use but not abuse the furnishings provided.

The client commits to vacate the premises on the last day of the rental period and to return them in the state in which he / she has found them.

 

Article 10 – RATES

10.1. : Consulting the rental announcements appearing on the Website is free for the tenant with the exception of the cost of internet connection which shall be borne by the tenant at the rates charged by his / her internet provider.

10.2. : The bookings are payable at the rate in force as set forth on the Website and in accordance with the terms appearing on the announcement and on the booking summary (see Article 7.4 above).  

The prices are set in Euros, inclusive of all taxes.

Any currency exchange commissions are to be paid are at the client’s expense.

10.3. The client should also pay into the hands of the owner, the security deposit that may be required by some owners which amount appears on the Website.

The amount of the security deposit, without the accrual of any interests, shall be returned to the client at the end of his / her stay at the time of the client’s departure, with the deduction, if need be, of any amounts covering the damages to and / or deterioration of the premises, furniture and objects decorating the premises caused by the tenant, as well as the loss of keys and other objects. Should the security deposit prove insufficient, the tenant commits as of now to restore the missing sum.

The security deposit shall in no case be used to cover the unpaid sums related to the rent.

10.4. The booking price such as it appears on the booking summary as set forth in Article 7.4 is fixed and final.

This amount does not include the fees for repair and the restoration of the property and the furnishings, the loss or theft of furnishings, which fees may be demanded by the owner in addition to the security deposit.

10.5. The remuneration of AOD INTERNATIONAL, borne  by the client, is included in the price per night paid by the client.

When the booking deposit is paid, AOD INTERNATIONAL retains the fees relevant to the services it offers and pays the agreed balance to the owner, in the currency selected by the latter, by Paypal, bank transfer or any other method as agreed in advance.

 

Article 11 – CHANGE OF THE BOOKING – CANCELLATION

11.1. : The booking of a property is final, except for cancellations in accordance with the terms as set forth in Article 11.2.

Starting from the confirmation of the order, the booking may not be subject to changes unless with the express consent of the lessor.

The client declares to be perfectly informed and accepts that the new booking may lead to the invoicing of a new rate.

11.2. The client may cancel without any fees during the pre-booking phase as defined in Article 7.4 above. To this end, the client must inform AOD INTERNATIONAL of his / her intention, with the Company being responsible to transmit this information to the lessor.

11.3. The client may cancel a booking that has already entailed the payment of a deposit by following the lessor’s cancellation policy as indicated in the announcement, defining the cancellation terms, conditions and deadlines.

AOD INTERNATIONAL restores to the client, within a period of fifteen (15) days starting from the client’s notice of cancellation, the amount of booking deposit due to the client such as is defined in the announcement.

The client is informed and accepts that in the event of cancellation the client pays the remuneration fee of the AOD INTERNATIONAL company, which shall be deducted from the deposit amount returned to the client.

11.4. In the specific case when after the payment of a booking deposit the booked property is no longer available due to an event that occurred outside the control of the lessor, AOD INTERNATIONAL, subject to having been informed in a timely fashion, shall use its best efforts to inform the tenant as soon as possible and to offer the client a substation solution.

 

Article 12 – TERMS OF PAYMENT

12.1 General case : The booking deposit required at the time of booking, corresponding to 30% of the rental cost, is payable in full at the moment of booking by the User, in the hands of AOD INTERNATIONAL by secure payment, in accordance with the terms specified in Article 7.4 above.

The balance, i.e. 70 % of the booking price, shall be paid directly by the tenant to the lessor or any person authorized to that effect, by any means of payment accepted by the latter, such as indicated in the announcement.

12.2. When the lessor demands the payment of the entire cost of renting, the tenant pays into the hands of AOD INTERNATIONAL a sum equivalent to the totality of his / her stay as specified in the announcement appearing on the Website, at the time of booking.

12.3. The accepted methods of payment are using a bank card through a payment platform (PayPal, a PayPal account or other).

 

The client is informed that his / her bank details are not stored on the servers of the AOD INTERNATIONAL company and that the latter has no access to these details.

The payments are deemed to be final only after the actual collection by AOD INTERNATIONAL of the amounts due.

 

Article 13 –  RESPONSIBILITY OF AOD INTERNATIONAL

13.1. Given that its role is limited to connecting lessors and tenants and to the possibility to book properties through the Website, AOD INTERNATIONAL declines all responsibility regarding the content of announcements, the insufficiency or erroneous or deceitful nature of the information and photographs transmitted by the lessor and appearing on the Website.

Inasmuch as the state of the rented property and its conformity to the information appearing on the Website come within the responsibility of the lessor or the lessor’s agent, AOD INTERNATIONAL controls neither the state of the properties, nor whether the properties have been adapted for renting.

Likewise, AOD INTERNATIONAL is not responsible for the conformity of the photographs provided by the lessors to the properties offered for renting.

The client is informed and accepts that he / she should express any claims and any appeals regarding the content of the announcement and the information and photographs provided by the lessor to the owner or the owner’s agent, as AOD INTERNATIONAL may not be called or searched for on this matter.

 

13.2. The Website may contain certain links directing the User to other websites, solely for reference purposes. AOD INTERNATIONAL cannot be held liable for the content or services and products offered by said websites.

 

13.3. AOD INTERNATIONAL uses its best efforts to ensure the good functioning and accessibility of the Website in order to allow the clients to consult the lessors’ announcements under the conditions set out herein.

AOD INTERNATIONAL should in no way be held responsible for difficulties of accessibility or the temporary inability to access the Website due to disturbances in the telecommunications network, the tenant being informed of the complexity of the global networks and of the rush, at certain hours, of internet users.

 

13.4. The Parties expressly agree that the responsibility of AOD INTERNATIONAL may not be incurred except in the event of a proven fault.

 

In any event, AOD INTERNATIONAL may never be held liable for damages incurred by the tenant and related in particular:

– to the renting itself, in the absence of conformity of the announcement and photographs to the rented property, hereby pointing out that between AOD INTERNATIONAL and the owners there exists no mandate to rent out or manage, nor is there any relationship of subordination between them and that the service rendered by AOD INTERNATIONAL is limited to connecting lessors to tenants through the Website.

– to any incident or damage sustained by the tenant or to the tenant’s possessions due to the renting,

– to an error in the calculation of the price of the stay in foreign currencies,

– to any incident or interruption to the Website caused by an incident to / a breakdown of the telecommunication network,

  • to using the Website by a client not in compliance with the provisions of this document, with the applicable regulations or with the standard practice,

– to the content or nature of the data issued or received by the client,

– to the fraudulent use of the tenant’s bank details given that they are not stored on the servers of the Website site and hence AOD INTERNATIONAL has no access to these data.

 

In the event when AOD INTERNATIONAL may be held liable following a breach of one of its obligations as specified herein, the compensation shall apply only to direct, personal and certain damages, with the exclusion of compensation for any indirect and consequential damages or losses.

In any event, the amount of compensation shall be limited to the remuneration received by AOD INTERNATIONAL for the contested service.

 

Article 14 – DATA PROTECTION

Pursuant to Law n°78-17 from January 6 1978, it is pointed out that the personal data which are requested from the client are needed to process his / her booking.

AOD INTERNATIONAL guarantees the security of the personal information provided by the client and commits to keep it confidential. For this reason, AOD INTERNATIONAL commits to implement proper security measures to guarantee the protection and confidentiality of the data of any nature provided by the client, which measures will in particular aim at preventing the loss of the data, their unlawful or inappropriate use, their disclosure or any unauthorized intrusion.

AOD INTERNATIONAL commits not to use the information supplied for purposes other than indicated above with the exception of statistical, scientific or historical analysis.

The processing of the data provided by the intermediary of the Website has been the object of a declaration at the National Data Protection Commission (N° 1891240 v 0 – CNIL FRANCE).

In conformity to the current national and European regulations, the client has a right of permanent access to, of modification, correction and opposition to information concerning him / her.

These right scan be exercised by writing to the AOD INTERNATIONAL company, which registered office is located at 1137, chemin de Peyniblou, 06560 VALBONNE.

 

Article 15 –INTELLECTUAL PROPERTY

The website www.tripntrends.com  is the property of the AOD INTERNATIONAL company, registered under number 812 516 557 (RCS) of Commerce and Company Register (FRANCE), intra-community VAT Nr FR17 812516557.

The website, its texts and its content are protected by the international laws regarding intellectual property.

Any complete or partial reproduction of the website and its content are strictly prohibited and may constitute a crime of forgery.  

 

Article 16 – LANGUAGE OF THE CONTRACT – APPLICABLE LAW

This contract is governed by and subject to French law.

It is drawn up in French. In case it is translated in one or more other languages, the French text shall prevail in the event of a dispute.

 

Article 17 – DISPUTES

In the event of a dispute regarding the formation, interpretation or performance of this document, the parties will try in good faith to reach an amicable solution. To this end, the first Party to act shall notify the other Party, by a registered letter with a request for acknowledgement of receipt, about the matter of dispute. The Parties shall then undertake negotiations with a view to resolving their dispute in an amicable manner, if need be with the help of a third party that the Parties will designate by mutual accord. Such an amicable solution, if reached, shall take the form of a contract or an addendum to the Contract.

If no solution is found within a period of fifteen (15) days starting from the receipt of the d registered letter with a request for acknowledgement of receipt, the dispute shall be referred by the first party to act to the competent French courts.

 

 

PART II – OWNERS

 

 

These general terms are meant to define the terms and conditions pursuant to which the AOD INTERNATIONAL company (hereinafter referred to as “AOD INTERNATIONAL”) permits the owners of real estate or their representatives to publish announcements of furnished holiday rentals and to benefit from visibility on the online platform for booking apartments and houses available on the website www.tripntrends.com  (hereinafter “the Website”).

 

The lessor and AOD INTERNATIONAL declare that the bookings governed by the present document relate exclusively to properties leased as short-term and holiday residence, excluding their use as primary residence or a mix of professional and primary residential use.

 

These general terms are intended to govern the rental of properties located on French territory, with the exclusion of properties located abroad.

 

PART II – Article 1- DEFINITIONS.

1.1. The term “lessor” or “owner” denotes:

  • The owner of the proposed product (apartment, villa, house, etc)
  • Any person authorized by the owner of the property: real estate agency, management agent, travel agency, lawyer, representative etc.

 

1.2. The term “tenant” denotes the person booking the property through the website www.tripntrends.com

 

1.3. AOD INTERNATIONAL refers to the company operating the www.tripntrends.com website, it being specified that the mission of AOD INTERNATIONAL is limited to the presentation to the users of properties belonging to the owners, with the exclusion of any property belonging to it.

 

1.4. The Website denotes the website accessible at the address www.tripntrends.com.

 

1.5. The proposed product / property denotes the apartment / villa (house) offered for rental through the website www.tripntrends.com.

 

PART II – Article 2: SUBJECT MATTER OF THE PRESENT GENERAL TERMS

The present general terms are meant to define the terms and conditions pursuant to which AOD INTERNATIONAL permits the owners or their representatives to benefit from visibility on the website www.tripntrends.com regarding properties offered for short-term rental and to which the company offers to the tenants a booking service of said properties, with the express exclusion of any rental service.

 

The contractual relation between owner and tenant is distinct from the present document, which the owner acknowledges and fully accepts.

 

PART II – Article 3: OBLIGATIONS OF THE LESSOR / OWNER

3.1. The lessor commits to offer for rental only properties which he / she owns. To this end, the lessor commits to hand in to AOD INTERNATIONAL, prior to any announcement, a copy of his / her title deed or a notarized certification  and, if need be, of the authorization given by all the co-owners of the property for leasing on the website.

Likewise, the representative of the owner commits to justify to AOD INTERNATIONAL, besides providing the documents referred to above, the mandate he / she has to allow the lease in the name of and on behalf of the lessor.

 

3.2. The lessor obliges to:

– submit to AOD INTERNATIONAL a descriptive statement of the rented property including all the information to be communicated to any tenant candidate before signing the booking, and specifically, without this list being exhaustive: address, type of dwelling, surface, number of rooms, outbuildings, a precise description of the private areas and equipment, a description of the common areas and equipment, the location of the property in the neighbourhood, equipment and assets made available to tenants.

The lessor guarantees the exactness and the truthfulness of this information and declares that he / she is informed that AOD INTERNATIONAL reserves the possibility to initiate legal proceedings against him / her in the event of a breach of this obligation.

– Provide photographs of sufficient quality of the property offered for rental: kitchen or kitchen corner, bathroom, bedrooms, living room. The lessor certifies to have all the property rights over these photographs needed for their publication on the website.

– inform the AOD INTERNATIONAL company in order to specify in the announcement whether a security deposit has to be paid by the tenant on the day of entry into the property, and if the answer is yes, of the amount of this deposit,

– Inform immediately AOD INTERNATIONAL regarding any change that may have an impact on the rented property or on its rental quality: sale, transformation, change of the asked price, termination of business relations with the Website.

– Lease the property which has been entered in the list of the www.tripntrends.com site.

 

3.3. The Lessor acknowledges to be perfectly informed and accepts that he / she has the following obligations with respect to the tenant:

– to provide a statement of the natural and technology risks related to the rented property and, if need be, the statement of risks regarding the exposure to lead in the rented property.

– to make the property available in a clean condition and with the furnishings mentioned in the description given to AOD INTERNATIONAL.

– provide the keys to the rented property at the agreed upon moment. The lessor and the tenant have to agree in advance on the date and time of their meeting.

– to be personally responsible, with the tenant, regarding the state of the premises at arrival and departure such that AOD INTERNATIONAL shall be saved and held harmless from legal action in this respect, given that the role of AOD INTERNATIONAL is limited to connecting the lessor to the tenant.

– respect the rental period chosen by the tenant in its entirety.

– to be personally responsible that the tenant makes the payment of an eventual security deposit meant to cover the deterioration and damages caused to the rented property, and obtain from the tenant the compensation for the repair and restoration that may be required.

– to make all repairs to the property that may be needed, between two rental periods, in such a way that the tenant may enjoy the rented premises in a peaceful manner during the chosen period of renting.

– to maintain, during the rental period, the home insurance covering the property and the valuable assets and objects therein.

 

3.4. When receiving a request for booking for a period during which the property is not available, the lessor must inform www.tripntrends.com about it within no more than 72 hours starting from the receipt of the booking request.

 

3.5. If for a reason not depending on his / her will (withdrawal of the mandate without notice or an exceptional event with the characteristics of a force majeure) the lessor is no longer able to honor the made booking or to offer the property for rent, the lessor must immediately inform AOD INTERNATIONAL about it.

 

3.6. The lessor certifies that he / she has full legal capacity to lease the property  and is not subject to any safeguard, receivership or compulsory liquidation procedures and that he / she is not defaulting on payments and is not placed under judicial protection.

The Lessor must inform AOD INTERNATIONAL without delay in the event that any of these procedures take place.

 

3.7. The Lessor declares to be informed that he / she must declare to the tax authorities the revenues received in return for leasing property belonging to him /her by AOD INTERNATIONAL through the www.tripntrends.com platform. The Lessor commits to declare all the sums received from the tenants such that AOD INTERNATIONAL shall be saved and held harmless from legal action in this respect

     

PART II – ARTICLE 4 – OBLIGATIONS OF AOD INTERNATIONAL

4.1. AOD INTERNATIONAL undertakes:

– to respect the confidentiality of all the data of personal nature and the bank details transmitted to it both by the lessor and the tenant, and it undertakes not to disclose them without their prior and specific consent. As an exception to the foregoing, AOD INTERNATIONAL shall be authorized to reveal these data in the event of an order which shall be made to it by the police department or by any jurisdiction.

– to ensure that the renting of the booked property takes place under the terms agreed to in advance (dates, handing back the keys, price).

– to transfer the sum due to the lessor / owner no later than 72 hours after the confirmation of the booking: either 15 % in the event of paid booking deposit of 30% or in the event of specific conditions as has been foreseen in the contract signed with the lessor.

– to use its best efforts to guarantee the good functioning of the online platform for short-term apartment bookings operating on the Website, and to undertake as soon as possible all necessary repairs.

 

4.2. In the specific case when after the payment of the booking deposit the booked property is no longer available due to an event that occurred outside the control of the lessor (withdrawal without notice of the management mandate or an exceptional event with the characteristics of a force majeure), the Website commits to provide the tenant with an alternative: the rental of a similar property located in the same geographical zone or hotel accommodation),

 

4.3. In the event of cancellation on the part of the tenant, AOD INTERNATIONAL has to return to the tenant the amount of booking deposit due to him / her : either 15 % in case of the payment of a 30% booking deposit or in case of specific conditions as has been foreseen in the contract signed with the lessor, within a 15-day period starting from the cancellation.

 

4.4. AOD INTERNATIONAL certifies to have full legal capacity to commit to the present terms and that it is not subject to any safeguard, receivership or compulsory liquidation procedures and that it is not defaulting on payments.

 

AOD INTERNATIONAL must without delay inform the lessor in the event that any of these procedures takes place.

 

PART II – ARTICLE 5 – LESSOR’S RIGHTS

The lessor reserves the possibility to lease the property advertised for rental on the Website on his / her own or through other intermediaries. The lessor commits to inform AOD INTERNATIONAL of any booking that he / she may have agreed to, within a period of 72 hours starting from the confirmation of the booking, in order to permit AOD INTERNATIONAL to update online the availability of the property for the period under consideration.

The lessor has the possibility to withdraw at any time his / her property from the list of properties appearing on the Website, inasmuch as that in the event of already confirmed bookings the withdrawal may only take effect at the expiration of the booked period.

 

PART II – ARTICLE 6 – RIGHTS OF THE INTERMEDIARY

AOD INTERNATIONAL reserves the possibility to withdraw from the list of leased property any property regarding which the company has been informed that the data supplied is false, in case of absence of justification of the capacity of the owner or the representative, or in case of failure to provide obligatory information as referred to in Article 3 herein.

AOD INTERNATIONAL may validly cancel any booking made with a method of payment which has been subject to fraud and regarding which the company has been informed, without offering compensation to the tenant and the lessor.

AOD INTERNATIONAL shall collect, when a property is booked, a deposit of 30% paid by the tenant. The remaining 70% shall be paid directly to the lessor or any person authorized to that effect. Certain professional lessors, however, may demand a prepayment of the entire amount before the date of arrival of the tenant. In this case, these specific terms shall be stated expressly in the announcement and the Website shall take the amount equivalent to the entirety of the booked period.

 

PART II – ARTICLE 7 – RESPONSIBILITY OF THE WEBSITE

Given that the role of AOD INTERNATIONAL is limited to connecting the lessors and tenants and to the possibility to book properties, AOD INTERNATIONAL declines any responsibility with respect to the content of the announcements, the insufficiency or erroneous or deceitful nature of the data and photographs transmitted by the lessor and appearing on the Website.

It should be noted that the state of the leased property and its conformity to the information appearing on the Website come within the responsibility of the lessor or the lessor’s representative.

AOD INTERNATIONAL uses its best efforts to ensure the good functioning and accessibility of the Website in order to allow for the announcements of the lessors to be visible on the Website under the terms of this document.

AOD INTERNATIONAL should in no way be held responsible for difficulties of accessibility or the temporary inability to access the Website due to disturbances in the telecommunications network, the lessor being informed of the complexity of the global networks and of the rush, at certain hours, of internet users.

The Parties expressly agree that the responsibility of AOD INTERNATIONAL may not be incurred except in the event of a proven fault.

In any event, AOD INTERNATIONAL may never be held liable for damages incurred by the lessor and related in particular:

– To damages and / or deterioration of the leased property or the furniture and the objects decorating the property caused by the tenant as well as the loss of keys or any other object made available to the tenant,

Inasmuch as AOD INTERNATIONAL acts only as a operator of the Website and not as a representative of the lessor, the latter declares to be informed that he /she shall  be personally responsible of repairs, restoration expenses or purchases of assets following the tenant’s stay, to be paid for by the lessor, if need be, to approach his / her representative to this end,  all without recourse to AOD INTERNATIONAL,

– In the case of a failure to pay or a delay in the payment of any amount due by the tenant, with the exception of the payment made at the booking of the property through the Website, as set forth in Article 6 (Part II – OWNERS),

– to the absence of respect by the tenant of the safety rules and instructions on the premises, to excessive noise and nuisance caused by the tenant to the neighbours,

– to any incident or interruption to the Website caused by an incident/ breakdown occurring to the telecommunication networks,

  • to the content or the nature of the information issued or received  by the lessor,
  • to the loss or modification of the data submitted by the lessor with respect to the property or to undesirable access to the Website, despite the security procedures implemented by AOD INTERNATIONAL,
  • to the fraudulent use of the lessor’s bank details, given that these are not stored on the servers of the Website and AOD INTERNATIONAL has no access to these data.

In the event when AOD INTERNATIONAL may be held liable following a breach of one of its obligations as specified herein, the compensation shall apply only to direct, personal and certain damages, with the exclusion of compensation for any indirect and consequential damages or losses.

In any event, the amount of compensation shall be limited to the remuneration received by AOD INTERNATIONAL for the contested service.

 

PART II – ARTICLE 8 – DATA PROTECTION

Pursuant to Law n°78-17 from January 6 1978, it is pointed out that the personal data which are requested from the lessor are needed to process his / her announcement.

AOD INTERNATIONAL guarantees the security of the personal information provided by the lessor and commits to keep it confidential. For this reason, AOD INTERNATIONAL commits to implement proper security measures to guarantee the protection and confidentiality of the data of any nature provided by the lessor, which measures will in particular aim at preventing the loss of the data, their unlawful or inappropriate use, their disclosure or any unauthorized intrusion.

AOD INTERNATIONAL commits not to use the information supplied for purposes other than indicated above with the exception of statistical, scientific or historical analysis.

The processing of the data provided by the intermediary of the Website has been the object of a declaration at the National Data Protection Commission (N° 1891240 v 0 – CNIL FRANCE).

In conformity to the current national and European regulations, the lessor has a right of permanent access to, of modification, correction and opposition to information concerning him / her.

These right scan be exercised by writing to the AOD INTERNATIONAL company, which registered office is located at 1137, chemin de Peyniblou, 06560 VALBONNE.

 

PART II – ARTICLE 9 – INTELLECTUAL PROPERTY

The website www.tripntrends.com  is the property of AOD INTERNATIONAL company, registered under number 812 516 557 (RCS) at the Commerce and Trade Register (FRANCE), intra-community VAT Nr FR17 812516557.

The website, its texts and its content are protected by the international laws regarding intellectual property.

Any complete or partial reproduction of the website and its content are strictly prohibited and may constitute a crime of forgery.  

 

PART II – ARTICLE 10 – LANGUAGE OF THE CONTRACT –APPLICABLE LAW

This contract is governed by and subject to French law.

It is drawn up in French. In case it is translated in one or more other languages, the French text shall prevail in the event of a dispute.

 

PART II – ARTICLE 11 – DISPUTES

In the event of a dispute regarding the formation, interpretation or performance of this document, the parties will try in good faith to reach an amicable solution. To this end, the first Party to act shall notify the other Party, by a registered letter with a request for acknowledgement of receipt, about the matter of dispute. The Parties shall then undertake negotiations with a view to resolving their dispute in an amicable manner, if need be with the help of a third party that the Parties will designate by mutual accord. Such an amicable solution, if reached, shall take the form of a contract or an addendum to the Contract.

If no solution is found within a period of fifteen (15) days starting from the receipt of said registered letter with a request for acknowledgement of receipt, the dispute shall be referred by the first party to act to the competent French courts.

 

PART II – ARTICLE 12 – ACCEPTANCE OF THE GENERAL TERMS

The registration on the website and the provision to AOD INTERNATIONAL of information regarding the property offered for rentals imply full adherence to and acceptance of the totality of these general terms, which the lessor acknowledges expressly.

The general terms can be accessed at any time on the website. They can be saved by the lessor for future use.

AOD INTERNATIONAL reserves the right to modify unilaterally the present terms.

The company communicates this to the clients through the publication of new terms, as well as by sending notifications by email.

The modifications of the general terms are enforceable with respect to the lessor starting from their publication online and prevail over any other previous version.

In the event of modification subsequent to the lessor’s latest connection, the general terms have to be accepted again.

 

Applicable as of June 1, 2017

AOD INTERNATIONAL Company

Simplified joint-stock company (Société par actions simplifiée)

Registered address: 1137, chemin de Peyniblou

06560 VALBONNE

Commerce and Trade Register (RCS) 812 516 557

VAT N° FR 17812 516 557