Terms of use

 

PLEASE READ CAREFULLY THE PRESENT GENERAL TERMS AND CONDITIONS BECAUSE THEY CONTAIN RELEVANT INFORMATION RELATED TO YOUR RIGHTS, SUBMISSIONS, AND REQUIREMENTS.

THE EQUESTRIAN PROPERTIES POSTING ADVERTS HAVE TO UNDERSTAND HOW LAWS WORK IN THEIR COUNTRIES AND HOW TO RESPECT THEM.

ALL EQUESTRIAN PROPERTY POSTING ADS OF HORSES' ACCOMMODATIONS SUCH AS STABLES, LIVERY YARDS, OR PADDOCKS HAVE TO BE AND ACT AS PROFESSIONAL. MEANING THAT THEY HAVE TO HAVE INSURANCE  AN DTO CERTIFY INFRASTRUCTURES AND EQUIPMENT ARE SAFE AND SECURE.

The present General Terms and Conditions (hereinafter referred to as “GTC”) set out the terms of the contractual relationship between the private company STAYBLER, Staybler Limited with a registered capital of 1500 €, registered at the Irish registered office under number 589685 and whose head office is situated 88 Harcourt Street, Dublin 2, D02 DK18, Ireland (hereinafter referred to as “STAYBLER”), under which STAYBLER will provide the Users with an access to the Website, other services, and contractual relationship.

The proposed services are edited by the company Staybler Limited as described above.

The hosting of our website is provided by OVH, 2 rue Kellermann - 59100 Roubaix - France

Last update : the 27th of February 2017

 


 

Article 1 - Definitions

The following definitions will apply to the following terms of the GTC, whose first letter is in capital letters, in singular or plural, as well as any other contractual document between the Parties:

  • Ad”: ad published by a Renter of the Website, in order to offer a Property for rental,
  • Book” or “Booking”: booking of a Property for short, medium or long term stay by a Tenant, on the Website,
  • Parties”: STAYBLER and/or the User,
  • Period of Acceptance”: forty-eight (48) hours period during which the Renter must approve the Booking request, and during which the Tenant can cancel the Booking request and be reimbursed without any penalty,
  • Property”: property for housing of physical persons or animals, which is provided by the Renter to the Tenant, on the Website,
  • Renter”: the User who provides his Property for rental on the Website, that include all insured Property provided with company number.
  • Services”: the technical platform (Website or any other Service provided by STAYBLER), property of STAYBLER, which allows Renters to provide Properties for rental to Tenants,
  • “Tenant”: the User who Books a Property on the Website,
  • “User”: the web user, individual or professional, who uses the Website as a Renter or Tenant and has accepted the General Terms and Conditions,
  • User Account”: User account on the Website, which can be accessed by using a login and password, and contains all the User’s personal information as well as the User’s archives on the Website,
  • Website”: the website www.staybler.com as well as all its pages, property of STAYBLER, and any other way to display the Services of STAYBLER (such as a mobile application).
  • ’Tax’’: refers to all taxes applied on services sale, including value-added tax (VAT), tax on product and services, tax on stay, tax applied to tourists or visitors, tax on housing, fees that the service provider has to collect for legal authorities, all other municipal, state, federal or national tax, and all income or profit tax.
  • ‘’Total amount of transaction’’: refers to the price including VAT of the property and the connected services offered by the Renter and booked by the Tenant through the Website.

The web user who visits the Website and wishes to use the Services, as a Renter or Tenant, is invited to read these GTC with attention, to print them and/or backup them on a durable medium.

Article 2 – Scope of the GTC and object of the Website

2.1. Scope and modification of the GTC

STAYBLER reserves the right to modify the GTC as it sees fit, by publishing a new version of these GTC on the Website, without any notification to the User. If the User does not accept the modified GTC, the User can use its right to refuse by deleting its User Account.

The applicable GTC are those in force on the date of Website use.

The legal information relating to the host and publisher of the Website, collection and use of personal data, as well as the terms and conditions of use of the Website, are available in the present GTC as well as in the legal notices of the Website.

2.2. Object of the Website

The Website provides an online platform, which allows Renters to offer their Properties for rental to Tenants. These Properties can be destined to host either individuals or animals.

The Website can also provide lease of equestrian infrastructures to its Users.

The Renters can publish an Ad on the Website, which allows Tenants to Book them.

The Website can also be used by STAYBLER to lease its own Properties, or for any other Service it deems appropriate.

2.3. Acceptation of the GTC

Registration on the Website, its use, Booking or renting a Property, implies that the User fully acknowledges and agrees, without reservation, with the entire GTC.

This acceptation can also be expressed by checking off the cell “I have read and accepted the GTC” or any similar sentence, while registering on the Website. This will have the same value as any written signature.

2.4. Legal capacity of the User

In order the accept the GTC and subscribe to the Services on the Website (as a Renter or Tenant), as well as Book a Property, the User needs to have the legal capacity to do so. If the User is a minor or does not have the legal capacity to do so, the User declares that he has the authorization of a tutor, a curator or legal representative.

If the User represents a corporation or any other entity, the User declares and warrants that he has the rights to engage the corporation or legal entity to the GTC. In that context, the term « User » will mean the corporation or the legal entity.

2.5. Legal compliance

The Website is compliant with Irish Laws. As a consequence, STAYBLER cannot be held liable if the Website is not compliant with the laws applicable in the foreign country from which the User is visiting the Website.

Users must acquaint themselves with the applicable local and national laws relating to temporary accommodation of individuals and animals, and STAYBLER cannot be held responsible in case of non-compliance.

Article 3 – Relationship between the Parties

3.1. Agreement between Renter and Tenant

STAYBLER is not a party in any agreement between the Renters and Tenants, and is not a real estate broker, a real estate agent, a legal or tax counsel, or insurance agent.

STAYBLER only has an intermediation role between the Users of the Website.

The Tenant must inform the Renter if his animal has any specific need (health, diet, etc).

The Renter must treat the animal with the appropriate standard of care, and will take all necessary measures to ensure its continued health.

3.2. Relationship between STAYBLER and the Renter

Publishing an Ad on the Website does not mean that STAYBLER and the Renter are parties to any employment relationship, partnership, affectio societatis, agent relationship or any other relationship between the Parties.

The Renter and STAYBLER are both independent parties.

STAYBLER does not check the Ad, its characteristics, its compliance with the law or its conformity. STAYBLER also does not control the behavior of the Renter with the Tenant. STAYBLER therefore cannot be held liable in that context.

STAYBLER is not the owner, manager, supplier of goods, including in particular animal pensions, hotel rooms, equestrian infrastructures or any other Property.

STAYBLER does not own, sell, resell, supply, rent, sublet, manage and/or control property, including in particular hotel rooms, animal pensions, equestrian infrastructure or any other Property.

Unless otherwise specified in writing on the Website, STAYBLER’s liability is limited to providing an access to the Website and Services to the Users.

STAYBLER accepts no liability for any event which happens in the direct relationship between Tenant and Renter, which includes, without being limited to:

  • Direct and indirect damages caused by the Renter or its properties to the Renter’s Property,
  • Identity of the Renters or any information relating to the Renters,
  • Incomplete information relating to the Tenant’s animal, which is entrusted in the care of the Renter.

3.3. Relationship between STAYBLER and the Tenant

STAYBLER is not responsible for the animals entrusted by the Tenant to the Renter, and hosted in their Property. The Renter is liable for them. It includes, without being limited to it : liability for damages caused by animals, veterinary choices and expenses…

STAYBLER is not liable for any direct or indirect damages incurred by the Tenant while using the Property.

STAYBLER accepts no liability for any event taking place in the direct relationship between Tenant and Renter, which includes, without being limited to:

  • Inadequate treatment of the animal by the Renter,
  • Health issues of the animal entrusted to the Renter by the Tenant,
  • Any direct or indirect damage caused by the Renter to the Tenant, or vice versa,
  • Non-compliance of the Property with the Ad published by the Renter on the Website,
  • Lack of availability of the Property at the requested date, even if the Renter has indicated its availability in the Ad,
  • Any difference between the Property and the Ad published by the Renter on the Website,
  • Any check-in difficulty.

Article 4 – Characteristics, Compliance and Availability of the Property.

4.1. Characteristics of the Property

Ads are written and published on the Website by the Renters.

Characteristics and images included on the Ads are provided by the Renters, who are exclusively liable in case of any difference between the Property as presented on the Ads, and the actual Property.

STAYBLER cannot be held liable in case of any difference between the Property as presented on the Ads, and the actual Property.

4.2. Compliance of the Property

The Tenant is invited to acquaint himself with any information provided by the Renter on the Website, and to make sure that the Property fits his needs and expectations before Booking, if necessary by asking questions to the Renter in the dedicated function of the Website.

STAYBLER cannot be held liable if the Property is not compliant with the needs of the User.

4.3. Availability of the Property

Property availability is indicated on the Website, on the Ad page, based on the information provided by the Renters.

STAYBLER cannot be held liable if the Property is not available at the requested date even if the Renter indicated that it was available for Booking in the Ad.

The Renter must ensure that the Property is available at the date for which it is Booked.

In accordance with Articles « User Booking» and « Price and payment terms », no sum will be withdrawn by STAYBLER if the Booking is not accepted by the Renter.

Article 5 - User Booking

5.1. Booking Method

The User can Book Properties on the Website.

Before Booking on the Website for the first time, the User must create a User Account.

5.2. Booking process

The Booking process is the following:

  •  The User creates his account if it is his first Booking, or log in into the User Account if it already exists,
  • The Users chooses the Property he wants to Book,
  • The Tenant reviews of the internal rules of the Property, as well as any other information included in the Ad,
  • Provision of specific information relating to the User’s animal and any necessary instruction and demand,
  • Validation of the basket by clicking on the validation button,
  • The User provides the identification and billing information,
  • Choice of billing method,
  • The User reviews the Booking summary before final validation,
  • Acceptance of the internal rules and the GTC,
  • Validation of Booking,
  • The Renter accepts the Booking within 48 hours,

Dispatch of a Booking confirmation email to the Renter and Tenant by STAYBLER, which summarize the Booking.

User information and contact details (from both Renters and Tenants) should be up to date and real.

If the Renter does not accept the Booking, no funds will be withdrawn from the payment method chosen by the Tenant. If any sum has been withdrawn by mistake before the Renter refuses the Booking, it will be reimbursed by STAYBLER.

5.3. Booking mistake

STAYBLER cannot be held liable for direct and indirect damages, if the Tenant made an entry error while Booking the Property.

In case of error, STAYBLER and the Renter will not be obligated to accept the cancellation or change of Booking without additional charge.

5.4. Refusal of Booking

STAYBLER retains the right to refuse any Property Booking for any legitimate reason, which includes payment issues, provision of incomplete and/or imprecise information by the Users, abnormally high Booking fees or history of Bookings made in bad faith.

5.5. Archives

STAYBLER will archive Bookings and bills on a reliable and durable support. The Parties will consider computerized registries adequate proofs of communications, Bookings, and transactions.

Article 6 – Booking cancellation policy.

During the Period of Acceptance, the Tenant can cancel the Booking without any penalty.

The Renter must accept the Booking during the Period of Acceptance (forty-eight hours period).

If the Renter does not accept the Booking during the Period of Acceptance, the Tenant will not be charged or will be fully reimbursed if the charge has already been processed.

In case of grievance from any Party, STAYBLER must be informed within 24 (twenty-four) hours of the check-in.

STAYBLER can act as a mediator if needed and assist the Parties in solving the issue.

6.1. Booking cancellation by the Tenant.

If the tenant cancel his booking, STAYBLER aplly cancel fees. Cancel fees are 5% on the transaction amount.

A Booking is officially cancelled when the Tenant clicks on the cancellation button on the cancellation confirmation page.

Exceptions such as umpredictable actions or cancellation by STAYBLER, or any other reason included in the GTC, can supersede the cancellation policy regarding the Tenant reimbursement policy

Reimbursement policy does not apply to STAYBLER’s booking fees, which are not refundable.

Booking price (amount which is payable to the equestrian establishment) can be refunded under the following terms.

The renter will have the choice of choosing between two types of cancellation policies:

  • Flexible cancellation policy: Booking is fifty (50) % reimbursed if the Tenant cancels his booking less than two (2) days before the check-in date, excluding fees. Booking is hundred (100) % reimbursed if the Tenant cancels his booking more than two (2) days before the check-in date, excluding fees.

  • Strict cancellation policy: Booking is fifty (50) % reimbursed if the Tenant cancels his booking less than five (5) days before the check-in date, excluding fees. Booking is hundred (100) % reimbursed if the Tenant cancels his booking more than five (5) days before the check-in date, excluding fees.

6.2. Booking cancellation by the Renter.

If the Renter cancels the Booking, the Tenant will be fully reimbursed.

STAYBLER reserves the right the sanction (by deleting the User account or charging cancellation fees) the Renter who regularly cancels Bookings, without valid reason.

If you are a renter and you want to cancel the booking, please send us an email.

Article 7 – Obligations of the Renter

7.1. Rights on the Property.

The Renter confirms that he owns the Property, or has acquired all necessary usage rights to rent the Property on the Website (which includes, without limitation, any administrative authorization, or any authorization from the owner if the Renter does not own the Property, etc).

7.2. Authorization to rent

The Renter confirms that he has all necessary authorization (legal, statutory or administrative) to rent Properties as well as accommodating animals.

STAYBLER cannot be held liable if the Renter does not have all the necessary permits.

7.3. Ad

The Renter agrees to provide all the information needed to post an Ad on the Website, which includes (without limitation) its location, accommodation capacity, size, characteristics, availability, price, as well as rules and any other financial terms.

The Renter can also include specific regulations to be agreed on by the Tenant. The Tenant agrees to it by Booking the Property.

Ads will be organized by STAYBLER and its algorithms at is own discretion,

The Renter is solely liable for its Ads published on the Website, as well as their content. The Renter is therefore liable in case of infringement of third party’s rights, law, regulation or any third party agreement.

7.4. Booking

Booking is an agreement between the Renter and the Tenant, to which STAYBLER is not a party. STAYBLER only provides a platform that provides its Services, and is not an agent or insurance agent.

When a User validates a Booking, a validation request is sent to the Renter.

The Renter agrees to process the request within the Period of Acceptance (forty-eight hours). The Renter is not obligated to accept the Booking but agrees to reply to all Booking requests.

STAYBLER is not liable of the Renter’s reply or lack of reply to the Booking request.

The Booking price for a specific date is locked at the date of the Booking. The Renter cannot raise it before accepting the Booking.

The Renter agrees to provide up-to-date and real information on the Booking availability. In case of Booking request at an unavailable date, the Renter agrees to refuse the Booking request as quickly as possible.

7.5. Animal care

The Renter agrees to care for the animals hosted in the Properties in accordance with the industry standards.

The Renters agrees to take all necessary steps to protect the health of the animals, which include (without it being limited to), emergency veterinarian decisions, as well routine if the animal is hosted for medium or long term.

The Tenant cannot hold STAYBLER liable if the animals are not cared for appropriately.

7.6. Insurance

The Renter must take out an insurance policy, which covers any service provided.

STAYBLER do not check the insurance policy taken out by the Renter and cannot be held liable if the Renter is not insured.

Article 8 – Price and Booking payment

8.1. Price

a) Key definitions

  • “STAYBLER Pricing”: means the price that STAYBLER charges a Renter for the use of the Services, which is calculated as a percentage of rental price. The Renter pricing will be displayed to the Renter when he has to confirm a booking request. Renter princing are twelve per cent (12%) on the total amount of the transaction.
  • “Cancel Fees”: means the fee that STAYBLER charges a Tenant for the cancel of the booking, which is calculated as a percentage : five per cent (5%) on the total amount of the transaction. Cancel fees are use only to reimbourse mangopay service fees.

b) Price and element

Unless stated otherwise, all prices on the Website are in Euros, taxes inclusive (applicable VAT on the Booking date), without potential tax or levy.

STAYBLER retains the right to pass on any VAT change on the Booking price.

STAYBLER also retains the right to change prices at any time. However, the price validated by the User while Booking cannot be changed.

Prices displayed on the Website include STAYBLER’s pricing.

8.2. Currency

Prices can be displayed on the Website in various currencies. Prices are also displayed in euros for reference, after conversion, using the up to date exchange rate.

Exchange rate is only displayed on the Website for reference.

Prices are billed in euros.

The amount billed can therefore vary, depending on the exchange rate applicable on the payment’s effective date. It can therefore differ from the price validated while Booking.

Transaction fees can also be charged to the Tenant by banks or issuers of payment methods.

STAYBLER will not be responsible in case of variation of the exchange rate, and if transaction fees are processed. The User can issue no such complaint.

8.3. Payment by credit or debit card

The Tenant can pay by credit or debit card. The Tenant warrants STAYBLER that he is the owner of the card used to pay the Booking and that he has enough funds to cover the full Booking price.

Payment will be charged when the Renter validates the Booking.

If it is impossible to charge the Booking price, for any reason, Booking will be cancelled.

Payments by card will be processed by secured transaction, provided by a specialized payment provider, in accordance with the rules of the industry. The payment provider is Mangopay.

STAYBLER do not have access to the User’s payment data, with the exception of the last digits of the card. Payment is processed directly into the hands of the bank or the payment provider.

For more information please consults: CGU Mangopay.

8.4. Taxes and levies

STAYBLER does not provide tax advice to its members, who are responsible for knowing which tax rules apply to them. Each party, tenant and renter, are responsible for knowing the tax return that applied to them.

Additional local taxes can be levied on Users by local authorities (tourist tax, visitors tax…). These additional taxes, when they exist, are the User’s responsibility and can be paid directly and during the stay.

Users are responsible for knowing and paying any applicable tax, which includes local taxes.

8.5. Late payment

Any late payment can justify the billing of late penalty fees, without formal notice. Such penalties will be billed at the rate of three times the legal interest rate.

Charging late penalty fees and recovery fees do not prohibit STAYBLER, at its own discretion, to set in motion judicial proceedings for compensation.

Article 9 – Payment to the Renter by STAYBLER

STAYBLER acts as the Renter’s representative to collect payment for the Bookings.

Payment to STAYBLER by the Tenant is considered a direct payment to the Renter. The Renter therefore agrees to make the Property available to the Tenant in accordance with the Booking.

STAYBLER will send collected payments to the payment method provided by the Renter’s in his User Account.

Payment will be sent within twenty-four (24) hours of the Tenant’s arrival (or its animal) at the renter’s property (except if cancelation policy applied). Payment delay can vary depending on the payment method chosen by the Renter and on the bank. Certain payment methods require using third party payment systems, which can add specific fees. These specific fees can be deduced from the amount paid to the Renter by the banks or payment issuers.

STAYBLER will withhold its own fees from the amount paid the Renter.

Article 10 – Customer Service

The customer service can be reached by email at the following address: info@staybler.com

It can also be reached at the postal address indicated in the Website’s legal notice.

Article 11 – Responsibility

STAYBLER’s liability is limited to providing technical access to a social platform between Renters and Tenants. Only technical issues can constitute a ground for STAYBLER’s liability.

The contractual relationship between STAYBLER and the User does not include: Property rental, animal pensions, as well as their accessories. STAYBLER cannot be held liable for these activities.

STAYBLER cannot be held liable for any indirect damage resulting from the User’s (Renter or Tenant) or any third party’s visit to the Website, its use, or from the impossibility to use the Website’s content.

This limitation of liability concerns all type of indirect damage, including, without being limited to: operating loss, loss of revenue, loss of orders, loss of earnings, loss of data or any other information, loss of customers, loss of anticipated savings, detriment to the image or reputation of the company, loss of opportunity.

STAYBLER will also not be liable for any damages caused by malicious programs, viruses, or any incomplete or wrong information on the Website, unless these damages are due to a voluntary act or severe negligence form STAYBLER.

STAYBLER’s liability is always limited to the value of the Booking.

Article 12 – Warranty

By accepting the GTC, the User agrees to guarantee and compensate STAYBLER against any action or claim by a third party, due to its contents, its use of the Website, or non-compliance with any of the terms of the GTC.

As such, the User agrees to cover all damages that STAYBLER can be ordered to pay, as well as legal fees or any other fees incurred by STAYBLER in that regard.

STAYBLER will inform the User, at the earliest opportunity, of such an action or claim.

STAYBLER reserves the right, at its choice and costs, to participate in the defense and/or settlement, or to solely assume the defense and control of the proceedings, without releasing the User from its obligations to guarantee STAYBLER.

The User agrees not to accept an amicable settlement, which would hold STAYBLER liable or would oblige STAYBLER in any way, without its prior written agreement.

Article 13 – Website and User Account

13.1. Website

The Website is free to use and without charge for all Users.

Any User can only create one account on the Website.

Website access can be limited at any time in order to allow maintenance, reparation, or the update of the Website.

STAYBLER does not have any service level obligation for the Website, and will only make its best efforts to ensure it is online.

STAYBLER ensures that its Website is safe to use. However, due to the nature of Internet, STAYBLER cannot guarantee that its use will be absolutely safe, and only has a best efforts obligation.

13.2. Hyperlinks to other websites

The Website may include hyperlinks to pages which are external to the Website, as well as articles, pictures, texts, visuals, images, design features, music tracks, sound files, video files, information, applications, software, and any other content or element belonging to third party or from other Parties.

Therefore:

  • STAYBLER does not check and control links to third parties’ websites or content,
  • STAYBLER does not guarantee that third parties websites or content will be accurate, relevant or exhaustive,
  • STAYBLER cannot be held liable for the content, accuracy, degree of offensiveness, opinions, reliability, data privacy policy, from third parties’ websites and content, and any other third party policy.
  • Accessing third parties’ websites and content is done at the User’s own risks and liability.

STAYBLER cannot, in any case, be held responsible for any damage, direct or indirect, caused by third parties’ websites to the User.

13.3. Login and password

The User will create a User Account by choosing its login (email address) and password.

The User can also create an account using its Facebook information or any other social network (SRS) supported by the Website.

STAYBLER will not be responsible for any improper use or leak of the Facebook information or any other social network (SRS) supported by the Website and provided by the User.

The User must also provide any information necessary for the provision of Services, such as name, first name, postal address, email (to confirm Bookings) as well as phone number.

This User Account will be used by the User to log into his account on the Website.

The User should provide a strong password and is responsible for its strength. STAYBLER is not liable if a third party accesses the User Account via brute force attack.

13.4. Use of the User Account

The User is responsible of both the safety and use of its login and password. The User should ensure that they are used in accordance with the present GTC.

STAYBLER will not, in any case, be liable for any unauthorized use of the login and password by the User or a third party and will not be liable in case of damages caused by such use.

The User must notify STAYBLER immediately in the event it becomes aware of any unauthorized access or use of its login or account or any other breach of security.

STAYBLER will not be held liable if it is impossible for the User to access the Website.

STAYBLER can however, at any moment, decide to lock and delete the User Account without prior notice, in case of non-compliance with the terms of the GTC, and without any compensation or damages.

STAYBLER cannot be liable on this basis. However, STAYBLER can hold the User liable and ask for damages if the User has not complied with the GTC.

13.5. User Feedback

Users can rate and give feedback on the Renters or Tenants.

Users grant a license of use on these reviews to STAYBLER, who can use them for its own business.

13.6. Unsuitable behavior

In case of User unsuitable behavior, whether on the Website, any other means of communication or over the course of Property use (deterioration, nuisance, or any other misconduct), any impacted User will be responsible to notify competent authority to prevent it.

Any impacted User can also inform STAYBLER which shall use its bests efforts to assist him, without being bound by a performance obligation.

STAYBLER cannot be held liable in case of unsuitable behavior from any of its Users, and no compensation can be claimed by the impacted User as such.

As stated in article « Use of the User Account » STAYBLER can lock and delete the User Account of the User whose behavior is not acceptable, without compensation.

STAYBLER can also undertake any necessary action or procedure against said User for damages and to safeguard its rights.

13.7. Safety

The User agrees not to act in the following manner, without it being limited to the following:

  • Act in a way which could compromise the operation of the Website,
  • Try to access another User Account,
  • Try to access the servers (outside of the normal use of the Website) or computers connected to STAYBLER’s network,
  • Try to upload viruses, trojans or any other invasive or illegal program onto the Website,
  • Extract or try to extract data from the Website, without prior written agreement of STAYBLER,
  • Using the Website in an unlawful way or in violation of any of these TC or any applicable law.

13.8. User Account Data

The User agrees to provide real information in its User Account, this information being used to provide the Services.

The User can also ask STAYBLER to delete his account, in accordance with his access and rectification right from the Data Protection Act. In that case, the User’s data will be deleted by STAYBLER.

Article 14 – Intellectual property

14.1. Website components

Texts, images, domain names, trademarks, designs, models, patents, software, database, used on the Website are:

  • Property of STAYBLER, or;
  • In some cases, property of a third party, which has granted a user license to STAYBLER.

These components are protected in the entire world.

The GTC do not grant any property right to the User, who cannot reproduce any of the components of the Website, partially or totally, without prior written agreement of STAYBLER.

Any partial or complete reproduction of these components can constitute infringement. STAYBLER reserves the right to take any necessary appropriate legal actions to preserve its rights and seek remedies.

14.2. Images and texts uploaded by Renters

Texts and images, or any other element, uploaded on the Website by Renters to publish their Ads, are their property.

Renters grant STAYBLER a user license on these texts, images or any other element, uploaded by the Users to publish their Ads.

This license includes:

  • Right to use,
  • Right to access,
  • Right to copy, on any support and by any mean,
  • Representation right, by any mean,
  • Right to adapt, right to modify,
  • Right to distribute,
  • Right to sublicense,
  • Right to sell,
  • Right to transfer,
  • Exploitation rights, by any mean.

This license is granted without charge, irrevocably, non-exclusively, transmissible, for the entire duration of copyright, and in the entire world.

The Renter guarantee STAYBLER against any action brought by a third party on the basis on infringement of any right due to the uploading and use of the images and texts, or any other element. This guarantee explicitly includes copyright infringement.

Article 15 – Personal Data

STAYBLER collects and processes the User’s personal data.

The User knows that personal data provided to STAYBLER, directly or indirectly, will be automatically processed.

Collected personal data is stored within the European Union, by a provider who is compliant with the standards of computer security industry.

Staybler applies Irish law for processing and using data and is conformed with the general rules quoted in the Data Protection Act as below:

  • Obtain and process the information fairly
  •   Keep it only for one or more specified and lawful purposes
  •   Process it only in ways compatible with the purposes for which it was given to you initially
  • Keep it safe and secure
  • Keep it accurate and up-to-date
  • Ensure that it is adequate, relevant and not excessive
  • Retain it no longer than is necessary for the specified purpose or purposes
  • Give a copy of his/her personal data to any individual, on request.

15.1. Collected personal data

The personal data collected is necessary to process Bookings, to use the User Account, and to monitor Bookings and Properties: identity, personal contact information (address and contact), payment methods.

Personal Data can be collected in the following manner:

  • When the User voluntarily completes forms on the Website,
  • When the User uses the Website,
  • When the User contacts STAYBLER due to a problem with the Website or any other reason,
  • During transactions and Bookings on the Website.

The following personal data can be collected:

  • User identity and contact information (name, email, phone number, address),
  • Log data (IP address, browser type, etc.),
  • User billing information (User information, contact information, last four digits of payment method, type of payment method),
  • Details of visits to the Website including but not limited to, traffic data, location data, consulted pages,
  • Information exchanges on the Website: date, time, messages, pictures.

15.2. Use of personal data

Personal data can be used to:

  • Inform Users of STAYBLER’s future offers and events,
  • Process Booking payment,
  • Administrate User Account,
  • Check User identity,
  • User tracking in case of problem,
  • User feedback on the Website,
  • Improve Services,
  • Notify the User is case of Website or GTC modification.

User person data can be transferred to the payment provider, in order to process the payment of the Booking.

User personal data will never be sold or transferred to a third party without prior written authorization from the User.

Session cookies and activity tracking (such as Google Adsense) may also be placed during the Website’s visit in order to improve User experience, produce visit statistics, provide a User Account, display personalized advertisement, provide Website security, and adapt the Website to the access terminal. Users can refuse cookie placement during his first visit to the Website.

Third party cookies (such as social network cookies) may also be placed while using social functions of the Website.

15.3. User Rights

In accordance with Data Protection Law, the User has the following rights on its data:

  • Access right,
  • Modification, change and correction rights,
  • Deletion right.

The User can exert his rights by contacting STAYBLER at the contact address provided in the GTC and the Website.

STAYBLER will carry out the request within two (2) months from receiving of the request.

Article 16 – General provisions

16.1. Mediation for Users located in France

In accordance with and depending on the legal deposition of each country, the User can, in case of dispute with STAYBLER, appeal to the Consumer Mediator of STAYBLER’s field of activity.

16.2. Entirety of Agreement

The GTC take precedence over any other terms potentially applicable to the relationship between STAYBLER and the User. The GTC cancel and replace all previous agreement between the Parties relating to their scope, and constitute the entire agreement between the Parties relating to the subject matter.

16.3. Exclusivity

Nothing in these GTC shall be constructed to grant any exclusivity of any kind to the Parties. They remain free to contract with third parties of their choice.

16.4. Survival

Any provisions in these GTC, which by their nature extend beyond the termination or expiration of the GTC, will remain in effect after termination of these GTC.

16.5. Severability

In the event any provision of these TC is held to be invalid or unenforceable due to any law, rule or legal ruling, such provision will be considered void.

However, the remaining provisions of these TC will remain in force for the same scope.

16.6. Non waiver

Failure by STAYBLER to rely on a breach by the other Party of any of its obligations provided for in these GTC may not be interpreted for the future as a waiver of the obligation at issue and do not grant any right to the other Party.

Delay by STAYBLER to do so is also not considered a waiver of its rights.

16.7. Independence

No Party can make a commitment in the name and/or for the other Party. Also, each Party is solely responsible from its actions, allegations, obligations, and performance of obligations, products and employees.

16.8. Proof

Both Parties agree that any electronic communication, such as email, will have the value of proof.

The User explicitly agrees that STAYBLER automated recordings will have the value of proof and agrees not to contest it in court, except in case of proof to the contrary.

16.9. Unpredictible Actions

STAYBLER shall not be considered to be in breach of its obligations under the TC if there is a Force Majeure event.

In the present GTC, Force Majeure means any event, which is not predictable, which is overwhelming and foreign to the Parties.

In case of a Force Majeure event, STAYBLER’s obligation will be suspended. STAYBLER will do its best to limits its consequences and continue implementing the GTC as soon as the event is over.

16.10. Applicable law and litigation

The applicable law to the present is the Irish law except for national public disposition order.

This Agreement shall be governed and interpreted in accordance with French law.

In case of dispute, Tribunals within the jurisdiction of the Dublin Appeal Court shall have exclusive jurisdiction, notwithstanding plurality of defendants or the introduction of third parties, even for summary or conservatory proceedings, by appeal or by petition.

 

Edited by Maître Pacaud.