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Terms and conditions for Owners

By using this site you agree to the following terms and conditions. If you disagree with these terms and conditions, please discontinue your use of the site and erase all the material/data you have downloaded.

Any person under the age of 18 is not eligible to use this site unsupervised and we ask that, if you are under the age of 18, you do not register for an account or submit any personal information to us. By using this site unsupervised, and/or registering for an account, you confirm that you are 18 years of age or older.

Introduction

These terms and conditions govern the relationship between We Adore France (“Organisation”) and any owner of a property that uses the website We Adore France (“Website”) to list their property, take bookings and use the admin system (“Owner”).

The Owner may appoint a representative (“Representative”) to manage the listing, booking and administration processes. However, the owner is responsible for all actions the representative makes and confirms the Representative has authority to take action on the Owner’s behalf.

If you are a Property Manager please contact us before joining the Website. Additional terms may be available. We may also require written proof of entitlement to list an Owner’s property on their behalf.

If you are unable to enter into legally binding contracts, please do not use this site.

By submitting a property for listing on the Website, the Owner confirms that they are the legal owners of the property being listed and have the authority to use the service. If the Organisation has reason to believe that the Owner has provided false or incorrect information, the Organisation is entitled to carry out property checks to verify the existence and legal ownership of the property. The Owner agrees to provide proof of identity and ownership promptly on request.

Purpose

The Website is where Owners can advertise their properties individually for holiday or longer term rental, communicate with the potential tenants, receive and manage bookings all in one place. Potential, current or past tenants are considered as “Guests”.

The rental contract is between the Owner and the Guest. The Organisation is not, and does not become, part of any rental contract. The Website is a place for Owners and Guests to interact to discover, book and manage the properties.

If any dispute arises between the Guest and the Owner, the Organisation will not as an intermediary. Each party requires their own representation to each other.

Account

Before listing a property, the owner must register for an account and for the account to be approved. The Organisation reserves sole discretion in granting an Owner an account and access to account authorised sections of the website. There is no charge for opening an account.

The Owner will be required to confirm their details before the account is approved. If any details are inaccurate, the Owner will be considered to have broken the terms and conditions - see Permissions for details in this case.

As the account holder, the Owner agrees, once the account has been authorised, to keep their username and password secure, not share the login information with anyone except an appointed Representative, and access the authorised sections using the username and password only. If the Owner has any reason to think that any unauthorised access of the account may have or has occurred you must change your access details and inform the Organisation immediately.

The account includes a messaging system designed to help in renting the property. The Owner must not misuse the email or messaging system by using only for the purpose it was intended.

The Organisation has the right to restrict an Owner’s account and the functionality of that account. Restricted accounts with activity will be stored until such time that the account is made fully active again. If there is no activity on the account, it may then be deleted. If there is a dispute or for legal purposes the account will archived until such time matters concerning the account are satisfactorily settled.

Owner Packages

Before an Owner can list their property, they must select a listing package suitable for their needs and then, if required, pay the appropriate package fee before listing is allowed. Each individual package shows

  • the number of properties to be listed
  • the maximum number of photos and videos
  • the time the package is valid for
  • any fees, booking fees or commission due to be paid

The membership packages have several options from paid up front with no booking fees, to low cost listings with booking fees either as a fixed cost per booking or percentage of the booking total. Please note, if you add a link to your website or contact details, select a package with that facility, otherwise the details will be removed by the listing checking software automatically without notice to you.

The Owner may change the package within the valid time period, although refunds will not be given for less expensive packages for the rest of the package term.

No package will be automatically renewed at the end of the package time. The Owner will be invited to renew the package at that time.

Listing Properties

When the Owner lists their property on the Website, they agree that they will complete the details as fully and accurately as possible. The property listing must not contain false information, anything likely to cause offence, be slanderous or defamatory, or that infringes copyright or data protection law. Owners are solely responsible for the listings complying with the Terms and Conditions and do not infringe the law or the rights of any person or entity.

Any listing less than 60% complete will not show on the live site. It is in your interest as an Owner to include as much information as you can as this increases your bookings and reduces complaints.

The listings allow you to fully describe your property but must include as minimum

  • property type
  • a title
  • property highlights
  • a summary of the property
  • the total number of people allowed to sleep in the property at any one time
  • a full description of the property

However these few requirements do not meet the 60% rule as past experience has shown, these limited listings will get no bookings. Therefore as an Owner you are asked to complete as many features as possible to increase your booking rate.

The listing comes with a map feature. For this to work accurately, the Owner must complete the property location information correctly as part of the terms of use.

All properties listed on the Website must have their own terms and conditions for rent of that property.

Failure to complete the listing properly is not a reason for complaint. It is the Owners responsibility to ensure a listing is created in a timely manner to maximise the benefit from the listing.

The Organisation reserves the right to review, edit, and decline an Owner's listing and such decisions will be at the Organisation’s sole discretion. The main reason is to help Owners achieve more bookings from their listing. The Owners will be notified when such actions are taken.

Listing Service

The Organisation can, if requested to, help list the Owner’s property as an additional service.

The Owner is solely responsible for providing as much accurate information as possible including text, images and video, where appropriate. The information will then be added to the listing by the Organisation's appointed person in as quick a time as possible and the listing made active unless you tell us otherwise.

It is then the sole responsibility for the Owner to check the listing information to ensure it is as accurate as possible including text, images, video, rates and options.

The Organisation cannot be held responsible for any errors or misunderstandings, or held liable, once the listing has been made active by either by the Organisation or the Owner. After being made active, the sole responsibility for the listing and updating the information with the listing remains with the Owner.

Content

The Owner, in uploading or submitting to the Website, confirms they have the rights to use the text, image or video including gaining proper consent from any person (model release form) featured in the information.

The Owners grant the Organisation the right to use any information whether as text, images or video, submitted or uploaded to Website as appropriate to promote, display and allow bookings for their property.

Languages

The Website makes available to Owners the ability to have their listing details displayed in four other languages apart from English - French, German, Italian and Spanish.

For certain text fields in the listing, the Website includes a free third party online translation service to help you attract Guests from other countries. If you are going to use the service, please keep your language simple and straightforward, avoiding any slang, regional terms or English sayings. This will help improve the accuracy of the translation and also attract more potential Guests to your listing.

The Organisation is not responsible for the accuracy of the translation and cannot be held responsible for any misunderstandings arising from the translation.

Owner's Own Website

If the Owner has their own website, then the Owner must inform the Organisation.

The availability, rates and details on the Owner’s website and the Website must be exactly the same, and updated on both as soon as any changes are made.

Failure to include the link, and update the details as appropriate, may result in a breach of the terms and conditions for the Website. Please see Permissions for details.

Enquiries

Enquiries made through the Website are emailed to the Owner automatically. If you select the appropriate membership package your direct contact details will be shown as part of listing.

Bookings

The owner will be notified by email if a booking enquiry has been made. The booking will show as pending on the availability chart until the Owner actions the booking by either confirming or refusing the booking. The Owner is not obliged to accept all bookings made through the website at their discretion.

However, once a booking has been accepted through the website, it will be considered as contrary to the ethics of We Adore France and a breach of membership if the Owner goes on to take a subsequent booking from elsewhere. Please see Permissions and Withdrawal of Service below.

As part of the membership package, the Owner is responsible for keeping the availability calendar up to date at the earliest possible opportunity after any bookings or cancellations are made. If the calendar is not maintained accurately, the Owner may forfeit their membership and associated benefits including property listings.

When a booking is made the booking fee, if applicable for your membership package, will be paid by the Owner before the details are given to the Owner. The Owner is then responsible for the deposit and remainder of the rental charge, plus any additional charges e.g. security deposits, directly with the guest.

If the Owner's Membership includes booking, then details are passed directly to the Owner on receipt of the booking. The Owner is then responsible for the deposit and remainder of the rental charge, plus any additional charges e.g. security deposits, directly with the guest.

Reviews

Each guest on the website can leave a review of the Owner’s property. There is a space for the Owner to respond and they also have the option not to make publicly available any reviews that are not suitable.

Not suitable reviews do not include low scoring or negative reviews; not suitable may include reviews left maliciously, the person did not stay at the properly on the date entered, be completely inaccurate or full of non family language as examples.

Having no reviews, good or bad puts prospective Guests off renting a property so we encourage all Owners to get honest feedback to help gain bookings and improve your offer to the Guest.

Non genuine reviews made by the Owner, family members, colleagues, employees for the Owner’s property breach the terms and conditions and may be illegal. The Owner is solely responsible for such reviews and the consequences from them.

Any Owner’s property getting consistently bad reviews will be considered for removal from the Website.

The Organisation reserves the right to review, edit, and remove reviews on an Owner’s property and such decisions will be at the Organisation’s sole discretion.

Additional Services

The organisation offers additional services to help you promote and manage your property. These services are in addition to, not part of, the package you set up unless otherwise stated and are normally paid for in advance.

The services change over the year so please check the website for details, pricing plus any terms and conditions specific to that service.

Permissions & Withdrawal of Service

The Organisation reserves the right to withdraw permission for an Owner to use the Website if you do not comply with the terms and conditions. If permission is withdrawn, the Owner and their Representatives must stop using the site immediately, cease using and delete all material and media downloaded from the site, forfeiting any remaining credit or time left on the Owner’s listing package.

Permission may be withdrawn for reasons including but not limited to;

  • Inaccurate or untrue account Owner's details including using a false identity
  • Inaccurate or untrue property details including using incorrect or misleading photographs
  • Content that is illegal, defamatory or offensive
  • Misuse of the Website, admin system or other functions provided by the Organisation
  • Listings or ratings that are unfair or detrimental to other Owners on the Website
  • Purposefully double booking or otherwise putting the Guest at a disadvantage
  • Not providing the property or services as described
  • If the Owner or their Representative is offensive and/or abusive to anyone
  • Attempting to modify, alter, reverse engineer any part of the Website and associated materials
  • Breach of these Terms and Conditions

You May Not

The Owner or their Representatives may not in using the Website

  • Use automatic/bot or manual devices to download, scrape or otherwise exploit the Website content, databases or other associated materials.
  • Copy, distribute, reproduce, edit, translate, decompile, reverse engineer any part of the Website or it databases.
  • for purposes other than renting out the Owners property
  • upload or send to the Website any programs or content that due to their size or operation, might damage the Organisation’s technical infrastructure, computers or network
  • for the purposes of distributing malicious software or viruses
  • monitor using automated processes, spiders, robots or other devices
  • post or transmit information that is in any way false, fraudulent, or misleading, or engage in any act that may be considered „phishing" (whether primary, secondary or other) or that would give rise to criminal or civil liability
  • post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material.
  • in any way give the impression you are connected to, represent or be endorsed by the Website, Organisation or other associated body.

The Website

The Organisation is entitled to update, amend and maintain the Website as necessary to provide and improve the service to you. This includes periods of restricted usage which will be scheduled to happen when usage is least affected for all users.

In order to improve the website, we welcome all constructive suggestions, and additional content. Additional content will be credited to the contributing Owner which will also increase their and their property’s visibility.

Copyright , All rights reserved and Intellectual Property

The text, images, graphics, sound files, animation files, video files, databases and their arrangement on the Website are all subject to copyright and other intellectual property protection. These objects may not be copied for use or distribution, nor may these objects be modified or re posted to other sites. Some parts of the site also contain text, images, video and other material that are subject to the copyright of their providers.

If you believe that your copyright has been infringed, please contact the Organisation through the Website including your phone number, email, postal address, precise details on the content in question and why you think the copyright has been breached. We will then review the information and contact you directly to confirm the details, ask for proof that the exclusive rights to the item or item are yours and a signed declaration you have not granted rights for item(s) in question.

The Website, the structure and content are protected by copyright and database rights. Reproduction or copying of the Website, including text, images or designs, in whole or part, is prohibited.

The Organisations Liability

The Organisation is not liable for any lost profits; any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from the Website, your use of the site and/or any transaction between users, even if the Organisation has been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from breach of contract, negligence or any other cause of action.

If you do not agree with any part of these Owner Terms and Conditions or are dissatisfied with the Website, then your sole and exclusive remedy against the Organisation is to discontinue using the Website. In all events, the Organisation’s liability, to you, the Owners or any third party in any circumstance arising out of or in connection with the Website is limited to the greater of

  • the amount of fees you pay to us in the six months prior to the action giving rise to liability, and
  • £100.00 in the aggregate.

Indemnification

Owners shall indemnify and hold the Organisation  harmless against any claims by third parties brought against the Organisation arising out of or in connection with any breach of these Owner Terms and Conditions on the part of the Owner.

Financial, Legal & Tax

The Owners and the Organisation are responsible for their own financial and legal affairs including to the relevant authorities any tax in running their property.

Any guides or help on the Website or from the Organisation are just that, they are there to help you. If you are unsure or need advice you must contact a recognised financial professional or lawyer as appropriate.

Governing Law

The Owner Terms and Conditions, and the relationship between the Owner and the Organisation, shall be governed by and construed in accordance with the laws of England and Wales, subject to the non-exclusive jurisdiction of the English courts.

General

Whilst information provided through the Website is believed to be correct at the time of inclusion, the Organisation makes no representation or warranty concerning it, any hypertext links or any other information obtained directly or indirectly from the Website and accepts no liability for any inaccuracies or omissions in the Website. All information is provided and is to be used on the understanding that the the Organisation will not be liable for any loss, liability, damage or expense of whatever kind arising, whether wholly or partly and whether directly or indirectly, in consequence of the use of, or any reliance placed upon, such information by the visitor or any other person.

On entering into a contract with the Organisation, all information is provided and is to be used on the understanding that the Organisation is not liable for; losses that were not foreseeable to both parties when the contract was made, losses that were not caused by any breach on the part of the supplier, and business losses and/or losses to non consumers.

No representation made on The Website is intended to or does form part of any subsequent contract with you nor does it constitute any advice on the suitability of any property for any intended use.

All information will be treated confidentially and in accordance with the legal provisions concerning data protection.

The Organisation reserves the right to transfer these Owner Terms and Conditions, and to assign or subcontract any or all of its rights and obligations under these Owner Terms and Conditions, to a third party but will not do so in such a way as to reduce any guarantees you are given as the Owner under these Owner Terms and Conditions.

Disclaimer of liability for Third party materials

The Website may provide links to certain third party websites. You acknowledge and agree that we have little or no control over and are not responsible for examining or evaluating the content or accuracy of such third party material or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility for any third party materials or websites, or for any materials, products or services of third parties. Links to other websites are provided solely as a convenience to you.

Continual Review

Please note that we practice a policy of continual review and reserve the right to change the above terms and conditions at any time without notice.

April 2013

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What Owners Say

Dear Susan, thanks you so much for setting up my property details on your website, it is without doubt, one of the most user friendly site's to use for both myself and our customers.

I have been in the gite business for some 8-9 years and have always taken part in any "new start" website, like yours, that have been offered to me, up to this time not one has delivered a single enquiry, well you have broken the mould! not only with enquiries but a firm booking, so We Adore France is my first sucess and I thanks you very much, so please keep up the good work.

All the best to you and your team.

Mike and Donna De-Berryman