General conditions of sale and use

GENERAL TERMS AND CONDITIONS OF SALE AND USE

 

 

ARTICLE 1 – COMPANY INFORMATION

 

These General Terms and Conditions of Sale and Use (hereinafter the "GTC") are those of the company LSPA (LOVE’N SPA) (hereinafter referred to as "the Publisher" or "LOVE’N SPA"), a simplified joint-stock company (SAS) registered with the Paris Trade and Companies Register under number 898 917 604 and whose registered office is located at 78 Avenue des Champs Élysée, 75008 Paris, represented by its President, Mrs. Bérengère Decocq.

 

Email address: contact@lovenspa.fr

 

Telephone number: 06 95 14 34 65

 

ARTICLE 2 – SCOPE OF APPLICATION

 

LOVE’N SPA has a website – lovenspa.fr – which connects Hosts and Travelers. The service provided by LOVE’N SPA consists of setting up a platform allowing non-professional or professional Hosts to offer their Accommodation for rent, as part of a short-term rental, and for Travelers to book Accommodation.

 

The purpose of these GTC is to define the conditions for accessing the Site and its use by Users, whether they are Hosts, Users or Travelers, as well as the terms for accessing Accommodation bookings. The Publisher reserves the right to modify the GTC at any time by publishing a new version of them on the Site. The GTC applicable to the User are those in force on the day of their acceptance.

 

The acquisition of a service, or more generally browsing the Site, implies the User's acceptance of all of these GTC, who thereby acknowledges having fully read them.

 

This acceptance may consist, for example, for the User, in checking the box corresponding to the acceptance phrase of these GTC, for example stating "I acknowledge having read and accepted all the general conditions of the Site". Checking this box will be deemed to have the same value as a handwritten signature from the User.

 

The User acknowledges the probative value of the automatic registration systems of the Publisher of this Site and, unless they provide proof to the contrary, they waive the right to contest them in the event of a dispute.

 

The acceptance of these GTC implies that Users have the necessary legal capacity to do so. If the User is a minor or does not have this legal capacity, they declare that they have the authorization of a tutor, curator or their legal representative.

These GTC are intended to apply to all Users who visit the Site without making a reservation, to all Travelers as well as to all Hosts, both in their use of the Site, in their relations with the Publisher, and in the relations between Hosts and Travelers.

 

However, for bookings between Travelers and Hosts, the Hosts' general or specific terms and conditions may apply. These conditions will only be applicable insofar as they do not contradict these GTC.

 

ARTICLE 3 – DEFINITIONS

 

By "Site" is meant the website and all its pages, which is designated by the following URL: https://lovenspa.fr

 

By "Publisher", is meant the natural or legal person responsible for the editing and content of the Site, namely LOVE’N SPA.

 

By "User" or "Visitor" is meant any person, any internet user, individual or professional, visiting and using the Site. These terms should be understood generically and encompassing Travelers, Clients, Hosts and Partners.

 

By "Traveler" is meant any natural or legal person, any User booking Accommodation through the Site.

 

By "Host" is meant any natural or legal person offering Accommodation for rent, on a professional basis, via the Site, to other Users, for a fee.

 

By "Partner" is meant any natural or legal person offering to rent out one or more Accommodations, which are highlighted on the Site in exchange for additional remuneration paid by the Host.

 

By "Client" is meant a client of LOVE’N SPA.

 

By "Certified Host" is meant any Host benefiting from the certification granted by the Publisher, according to the imposed conditions.

 

By "Accommodation" is meant any lodging, regardless of its nature and location, made available on the Site, and which may be booked by a User.

 

By "Last Minute offer" is meant an exceptional discount granted by the Host, potential Certified Host, in the event of a late booking, i.e., a few days before the start of the stay.

 

ARTICLE 4 – DESCRIPTION OF SERVICES AND SITE OPERATION

 

The Site https://lovenspa.fr offers directory listing functionalities for rooms, apartments, houses, villas, etc. for short-term rental. Through this site, any natural or legal person, acting as a professional, can post one or more advertisements offering to book, for short-term rental, an unusual Accommodation.

 

Accommodations are organized on the Site by Destinations, whether by Regions, Departments or Cities. They are also classified according to the equipment present in the Accommodation (Sauna, Hammam, Secret room, tantric sofa, etc.).

 

The Site provides its Services in all regions of mainland France, excluding Corsica and overseas territories (DOM-TOM), as well as in Belgium.

 

Accommodations are also classified by:

 

  • Offers (if the Accommodation is subject to a particular offer, a discount, etc.);
  • Favorites, chosen by the Publisher.

 

To be listed, the Host must complete a listing form, the conditions of which are defined below in Article 7.

 

It is specified that the Publisher retains control over the management of advertisements posted on the Site at all times. No advertisement may be posted without its consent. Indeed, the Publisher itself posts the advertisements referenced by the Host via the form, as soon as possible, provided that the advertisement meets the prerequisites set out herein.

 

Hosts also have the possibility of becoming Partners or Certified Hosts, according to the conditions provided in Article 7.

 

Through this listing platform (the Site), Users, i.e., any natural or legal person, individual or professional, can browse and choose an Accommodation to enjoy an unusual stay in a unique and high-quality lodging.

 

The User, potential Traveler, has access to hundreds of advertisements, in all regions of France, and benefits from descriptions, photographs, a list of equipment and formulas provided, as well as direct access to the Host's website.

 

Hosts are free to offer complementary services for their Accommodations directly on the Site, including but not limited to the possibility of offering special decoration, meals served in the Accommodation, champagne, massage services, etc.

 

Travelers are also free to request additional services from Hosts, if the latter agree to provide them.

 

Any complementary service will be subject to remuneration according to the conditions provided by the Host.

 

In order to make a reservation, the Site offers two booking formulas, which are as follows:

 

  • Instant or direct booking, which offers the Traveler the possibility of booking a stay directly on the Site, since the Host will have previously provided, via an Ical (Icalendar) link, access to their booking calendar. This is only possible if the Host provides an Ical link and agrees not to deal directly with the Traveler. The reservation will only be confirmed upon payment by the Traveler of the full amount of the reservation. If instant booking is not possible, the Traveler has the option of sending a message to the Host to inquire about availability and overnight prices.

 

  • Reservation request, which involves sending a message to the Host directly via the Site. The latter will then have the possibility to accept or refuse the reservation depending on availability and the profile of the Travelers. The reservation will only be effective when the Host and the Traveler have agreed on the price and dates of the stay, and the Traveler has paid the Host according to their own conditions (Host's conditions).

 

The Publisher may grant the Traveler the possibility of going directly to the Host's website, via the Hypertext Link provided on the Site. This possibility may be freely withdrawn by the Publisher, at any time.

 

Under no circumstances may the Host deal directly with the Traveler without the intermediary of LOVE’N SPA, as the Traveler is considered a Client of LOVE’N SPA. Violation of this rule by the Host may lead to their banishment from the platform, without compensation.

 

The application of these GTC does not exclude the application of any GTC or special conditions by the Host (relating to prices, payment terms, cleaning policy, cancellation, liability for material damage, reimbursement, etc.), insofar as the Host, and not the Publisher, concludes a service contract for the short-term rental of the Accommodation. Thus, these GTC and the Host's conditions will apply, provided that they do not contradict each other. In case of contradiction, these GTC will prevail.

 

Thus, payment for reservations is made through the Site, thereby allowing LOVE’N SPA to collect the Commissions and fees due to it, which are specified below.

 

Travelers have the option of leaving Comments on the advertisements, as well as ratings out of 5 (stars).

 

ARTICLE 5 – LOVE’N SPA’S ROLE AS INTERMEDIARY

 

The Publisher of the Site acts only as an intermediary between Travelers and Hosts, in order to facilitate their connection.

 

In this regard, Hosts and the Site Publisher conclude a service agreement whose purpose is to provide the connection platform. This service agreement is formalized by subscribing to the subscription (detailed below) or by paying a Commission where applicable. The Host may subsequently conclude a service provision contract for their Accommodation, directly with the Client, or indirectly, through the lovenspa.fr platform.

 

It should be noted that in no case is the Publisher an agent of either the Host or the Traveler. Thus, in the event of a dispute between them, the Publisher can only act as a mediator to facilitate an amicable solution. If necessary, the parties to the dispute may present their disagreement to the competent courts.

 

ARTICLE 6 – HOST INDEPENDENCE

 

The relationship between the Host and the Publisher is that of a legal entity (LOVE’N SPA) and a natural or legal person (the Host) independent of each other. In no case shall the Publisher be considered the employer of the Host, and vice versa, nor even its agent, co-entrepreneur or business partner, with the exception that LOVE’N SPA acts as a collection agent for funds, as described in the article on payment conditions.

 

Thus, LOVE’N SPA does not control the hosting service of the Hosts, who are free to set the desired prices, and to provide the desired services, under the conditions they themselves define.

 

Conversely, as LOVE’N SPA is independent of all Hosts, they have separate responsibilities. Travelers cannot therefore consider that the Publisher and the Host would be jointly and severally liable. Indeed, Hosts are entirely responsible for their advertisements and their Accommodations.

 

ARTICLE 7 - ACCOMMODATION LISTING

 

7.1. Ad Creation

 

7.1.1. Listing

 

The Love’nSpa platform allows the Host to create their ad and list their Accommodation by filling out the online listing form (via a hyperlink). The mandatory information to provide in this form, to list the Accommodation, is as follows:

 

  • Contact details:
    • Title,
    • Last Name,
    • First Name,
    • Email,
    • Phone

 

  • Accommodation:
    • Website link,
    • Description,
    • Accommodation address,
    • Photographs of the Accommodation (at least 3),
    • Included equipment,
    • Minimum night price,
    • An Ical link (only necessary for instant bookings).

 

Providing this complete and accurate information is a prerequisite for the ad's acceptance.

 

However, providing all these elements does not guarantee the Host an automatic listing of their ad. Indeed, LOVE’N SPA reserves the right to refuse the listing of an ad that it considers prima facie illegal, insecure, false or that does not correspond to the Services offered by the Site.

 

7.1.2. Subscription

 

In principle, the Host is required to subscribe to a membership in order to list their Accommodation on the Site and benefit from LOVE’N SPA's services.

 

The amount of this subscription is €9.90 per month, which is equivalent to €119 per year.

 

Payment of this subscription by the Host is exclusive of all other fees for the benefit of the Publisher, for listing their advertisement on the Site, including any potential commission on all registered bookings.

 

7.1.3. Commission

 

Failing payment of a subscription by the Host, the Publisher reserves the right to claim a Commission on each of the bookings that may have occurred through its Site.

 

The amount of the Commission will be 20% of the price invoiced by the Host to the Traveler.

 

7.1.4. Partnership

 

If the Host wishes to benefit from particular and increased visibility for their property or properties offered on the platform, they can subscribe to an additional subscription, the amount of which will be defined between the Publisher and the Host, depending on the desired visibility and the exposure of the advertisement (region and/or popular advertisement), which will allow them to become a Partner.

 

The benefits resulting from adherence to this partnership subscription are the following:

 

  • The mention "Partner" affixed to all advertisements,
  • The listing of the accommodation at the top of the listing pages, on the side of the pages, on the home page, etc., so that the offers benefit from increased visibility, without the need to search for the advertisement on several pages.

 

7.1.5. Certified Host

 

A Love’n Spa Certified Host is a Host who meets certain criteria to guarantee Travelers a better experience.

 

The criteria to become a Certified Host include:

 

  • Offer Travelers instant or direct booking (which is an optional service offered by the Publisher to Hosts),
  • Have at least 3 reviews on the Site and an overall rating of at least 4/5,
  • Provide at least 5 professional-quality photos of the Accommodation,
  • Keep the Accommodation calendar regularly updated to avoid as many booking cancellations as possible initiated by the Host, within a maximum of 3 months per month,
  • Offer a "Last Minute" deal allowing Travelers to benefit from an exceptional discount when booking a few days before the stay date.

 

The Publisher will be free to grant or withdraw certification based on these criteria, other criteria, or any positive or negative feedback from Travelers.

 

Furthermore, the Publisher reserves the right to change these criteria at any time, to guarantee the quality of services provided by Certified Hosts.

 

This certification is free for all Hosts who may qualify.

 

7.2. Ad Management

 

7.2.1. The Host is responsible for the content of their advertisement, the updating of the content, and the accuracy of the information contained (address, equipment, photographs, availability calendar) in the Accommodation advertisement.

 

7.2.2. The Host may, at any time, make modifications or adjustments to their listing via an email sent to the Publisher, who retains management of the listings, and is also able to make last-minute temporary offers on the prices of their Accommodations. The offers will obviously be visible on the Site, as the term "Offer" will be affixed to the listing's thumbnail and all Offers are listed in the "Offers" tab of the Site.

 

7.2.3. The Host may list several listings on the Site. However, the listings must concern different Accommodations. If the Accommodations are distinct but located in the same building, house, or residence, the Host must inform the Publisher that they are distinct Accommodations.

 

Any listing that is actually a duplicate of an already existing listing will be immediately deleted by the Publisher.

 

ARTICLE 8 – PAYMENT CONDITIONS FOR BOOKINGS

 

Payment for bookings must be made through the Site, provided that the Accommodation was found by the Traveler via the Site.

 

In exchange for its listing services, the Publisher finances itself by imposing 10% (ten percent) fees on the Traveler. These fees are added at the time of booking payment and are irrevocably due to the Publisher.

 

All payments made in this way therefore pass through LOVE’N SPA, which holds payments made by Travelers for 72 hours (seventy-two hours) before releasing them to the Hosts, less the 10% (ten percent) fees due to LOVE’N SPA.

 

ARTICLE 9 – OBLIGATIONS

 

9.1. Publisher's Obligations

 

Under these terms, the Publisher undertakes to keep the Site operational, except in cases of force majeure or network or technical difficulties.

 

LOVE’N SPA undertakes to process listing requests as quickly as possible and to provide increased visibility to Hosts who have become Partners.

 

The Publisher undertakes to respond to any claim or notification of complaint or related to the Site, the services offered, or data processing, etc., as quickly as possible.

 

It also undertakes to make its best efforts to offer only high-quality Accommodations through its Site and to respond to any related request, in order to make the necessary selection of listings.

 

The Publisher undertakes to refund the amounts invoiced for bookings if the cancellation was requested by the Traveler or the Host before the expiry of the 72-hour (seventy-two hour) period mentioned below (excluding service fees). If the stay is initially scheduled within the next 72 hours, the host remains responsible for the booking and potential cancellation.

 

9.2. User's Obligations

 

The User is obliged to respect the Site and not to make any modifications to it by any means whatsoever.

 

Users undertake not to leave comments on listings if they have not benefited from the services offered by the Hosts.

 

Above all, Users undertake not to present fraudulent listings or Accommodations, with the aim of making illegitimate profit or damaging the brand image of the Site or the company LOVE’N SPA.

 

9.2. Host's Obligations

 

9.2.1. The Host undertakes to apply these T&Cs as written.

 

9.2.2. The Host undertakes to present only high-quality properties and Accommodations that meet the platform's criteria.

 

The Host is solely responsible for the products or services they offer on the site. In the description associated with the listings they offer on the Site, the Host undertakes to act in good faith, providing accurate information that is not likely to mislead. They are solely responsible for the accuracy of the information contained therein and undertake that it will not mislead potential Customers, both regarding the characteristics of the Accommodation and its condition or price.

 

The Host also undertakes to present only listings that are consistent with the reality of their Accommodation, without defrauding or lying about the services offered, the prices applied, or the reality of the Accommodations offered.

 

Thus, the Host undertakes to implement all means to optimally fulfill their obligations by delivering a quality service to Users. They guarantee that they do not in any way contravene applicable laws, regulations, and standards, whether mandatory or not, and that they do not infringe on the rights of third parties.

 

9.2.3. In this regard, the Host must ensure that they hold the rights to all images and all content (text and visuals) that will be displayed in their listing referenced by the Site. In particular, the Host must ensure that they hold the image rights of all persons appearing in the photographs illustrating the Accommodation listing.

 

The Host undertakes and guarantees that they will only offer products and services in their Accommodations that they own or for which they have the rights to offer them. In this respect, the Host is prohibited from offering any product or service whose marketing is regulated by legislative, regulatory, or contractual provisions (particularly due to the existence of a selective distribution network).

 

The Host guarantees the Publisher against any recourse against them concerning the ownership or use of the photographs used, image rights, and any intellectual property rights, as well as against any recourse concerning the quality of the services offered.

 

9.2.4. The Host is obliged to pay the amounts due for their subscription and/or partnership, or to pay the Commissions claimed by the Publisher, if applicable. Otherwise, the Publisher will be obliged to ban the Host from the Site.

 

9.2.5. The Host undertakes to conclude all their transactions through the Site and not to deal directly with the Traveler in order to avoid Commissions and fees. Any breach of this condition will result in the immediate banning of the Host and their Accommodations, without possibility of return.

 

9.2.5. The Host is solely responsible for the contracts they conclude with Customers and, as such, undertakes to comply with applicable legal provisions, particularly consumer protection regulations.

9.2.6 The Host undertakes not to duplicate the visuals and texts present on Lovenspa without the explicit consent of the publisher. Any breach of this condition will result in the immediate banning of the Host and their Accommodations, without possibility of return or refund.

9.3. Traveler's Obligations

 

The Traveler undertakes to comply with these T&Cs as well as any additional conditions imposed by the Hosts in the context of bookings.

 

The Traveler undertakes to pay the full amounts requested by the Host, plus the fees invoiced by the Publisher.

 

The Traveler undertakes to pay a security deposit in advance, at the Host's request, allowing the Host to have a financial guarantee in case of damage to their Accommodation.

 

Any deposit paid will be held by the Publisher/Host and refunded the day after the Traveler's stay ends, provided no damage is found. If damage is found, the deposit will be retained in full or in part depending on the cost of the damage caused by the Traveler, for the benefit of the Host, provided the Host justifies the damage and its origin.

 

The Traveler undertakes to communicate only with the Host who created the listing, without going through the Publisher, except in case of impossibility to communicate with the Host or in the context of a potential complaint against them.

 

The Traveler undertakes to respect the rented Accommodations and to comply with the rules and conditions imposed by the Hosts. They undertake to return the Accommodation in the state in which they received it at the beginning of the rental.

 

The Traveler undertakes to show respect in the context of any comments, which should not degenerate into hateful and disrespectful comments, otherwise they will be deleted and lead to banning from the platform.

The traveler undertakes not to duplicate the visuals and texts present on Lovenspa without the explicit consent of the editor. Any breach of this condition will result in legal proceedings before the competent court.

 

ARTICLE 10 – TRAVELER RECEPTION AND OCCUPANCY OF ACCOMMODATION

 

The Traveler will deal directly with the Host regarding the arrangements for arrival and departure from the accommodation, timings, cleaning, and prices of additional services.

 

ARTICLE 11 – CANCELLATION POLICY

 

Both the Traveler and the Host have 72 hours (seventy-two hours) to cancel the stay, without requiring justification and without financial consequences for the Traveler. Thus, in the event of cancellation within this period, the Traveler will be fully reimbursed by LOVE’N SPA, as the sums will not yet have been transferred to the Host. The 10% (ten percent) booking fees paid by the Traveler will be retained by the Publisher and are not eligible for a refund.

 

Once the 72 hours (seventy-two hours) have passed, the funds are transferred to the Host, as is responsibility for the booking.

In any event, cancellation requests are handled directly between Travelers and Hosts, without direct interaction with the Publisher.

In the event of a stay within 72 hours after the booking is made, cancellation requests are handled directly between Travelers and Hosts, without direct interaction with the Publisher.

The Host will inform the Publisher of any cancellation within the 72-hour (seventy-two hour) period, and in this case, the Publisher will take the necessary steps for reimbursement. Once this period has passed, the Host will not need to request reimbursement from the Publisher as the funds will have been transferred, and the fees acquired by the latter.

 

Regarding the cancellation policy once the deadline has passed, the Host's cancellation policy will apply in the relationship between the Traveler and the Host.

 

ARTICLE 12 – REFUND POLICY

 

12.1. Regarding refunds, as stated above, the Publisher undertakes to reimburse travelers when cancellation occurs within 72 hours (seventy-two hours) after booking. With the exception of the 10% (ten percent) booking fees paid by the Traveler, which are considered acquired by the Publisher and not eligible for a refund. 

12.2. Regarding the refund of sums transferred to the Host, the Host's refund policy will apply in the relationship between the Traveler and the Host.

12.3. Refund period.
The refund period depends on the interbank delay between Stripe and the traveler's bank. This can vary from 2 to 8 days.

ARTICLE 13 – BOOKING MODIFICATIONS

 

Regarding booking modifications, the conditions imposed by the Host apply. The Host will then directly inform the Publisher if any changes to the calendar need to be made.

 

In any case, the Traveler should not contact the Publisher directly concerning booking modifications.

 

ARTICLE 14 – TRAVELER NO-SHOW

 

In the event of a Traveler no-show on the day of their booking, no refund is possible a priori, unless otherwise agreed between the Host and the Traveler. In any event, the 10% (ten percent) fees charged by the Publisher will remain due to them.

 

ARTICLE 15 – RESPONSIBILITIES

 

15.1. Publisher's Responsibility

 

The Publisher does not guarantee or take responsibility for the properties offered by the Hosts, but strives to offer only properties that it considers to be of high quality.

 

However, the Site provides Users with information for indicative purposes only, which may contain inaccuracies, errors, omissions, etc., which cannot under any circumstances be a source of liability for the Publisher. Similarly, the photographs, visuals and descriptions of the properties presented on the Site are not contractual. In this regard, LOVE’N SPA cannot be held liable if the characteristics of the properties offered for rent are not identical to the characteristics and visuals displayed on the Site, or if they differ or are incomplete.

 

Indeed, it should be recalled that LOVE’N SPA acts only as an intermediary between Travelers and Hosts, and in this respect, LOVE’N SPA cannot be held responsible for any scams or non-conformities encountered by Travelers.

 

Conversely, and subject to a report or notification by a Traveler, the Publisher undertakes to delist and ban any listing and any Host offering substandard properties, Accommodations that do not conform to their descriptions and photographs, or any potential fraudsters.

 

In any event, the Publisher cannot under any circumstances be held responsible for:

 

  • any inaccurate or incomplete information provided by the Host and potentially consulted by the Traveler prior to a booking;
  • any direct or indirect damage, particularly with regard to loss of profits, loss of earnings, loss of clientele, loss of data that may result, among other things, from the use of the Site, or conversely from the impossibility of its use;
  • any damage resulting from the use of the Internet network such as data loss, intrusions, viruses, service interruptions, or others.
  • a malfunction, unavailability of access, improper use, incorrect configuration of the Client's computer, or the use of an uncommon browser by the Client;
  • the content of advertisements and other links or external sources accessible by Clients from the Site.

 

15.2. User's Responsibility

 

The User expressly acknowledges using the Site at their own risk and under their own responsibility, which is exclusive of any other, particularly the Publisher's responsibility.

The user undertakes not to duplicate the visuals and texts present on Lovenspa without the explicit consent of the editor. Any breach of this condition will result in legal proceedings before the competent court.

15.3. Host's Responsibility

 

The Host is solely responsible for all content of the listing(s) available on the Site, of which they are the author, as well as for the conformity or non-conformity between the listing and the Accommodation.

 

The Host undertakes to take out an insurance policy to cover any damage that may be caused to the Traveler in the event of an accident in the Accommodation.

 

The Host is responsible for their Accommodation, and remains responsible, within reasonable limits and for what cannot be attributed to the Traveler, for all damages that may occur during the rental, and that would be due to defects or dangers inherent in the Accommodation.

 

The Host is responsible for the safety of their Accommodation (electrical connections, working smoke detectors, secure exits, etc.), unless the Traveler creates a dangerous situation in application of the rules of civil liability under articles 1240 et seq. of the Civil Code.

 

15.4. Traveler's Responsibility

 

The Traveler is solely responsible for any damage caused to the reserved Accommodation by their own act or negligence, and undertakes to return the Accommodation in the condition it was in upon their arrival. LOVE’N SPA cannot be held responsible in place of the Traveler, or jointly with them.

 

In the event of damage, the Traveler and the Host will endeavor to reach an amicable agreement regarding the coverage of incurred costs. Both parties undertake to provide all necessary factual elements to reach an agreement and act in good faith.

 

The Traveler will also be solely responsible for any comments left in their name on the Site.

 

ARTICLE 16 – HYPERLINKS

 

The Site may include hyperlinks to other sites, namely, in particular, the hosts' sites.

 

The User therefore expressly acknowledges that the Publisher cannot under any circumstances be held responsible for any proven and alleged damages or losses, consequent to or in connection with having used these hyperlinks and having become aware of the content, advertisements or services available on these external sites.

 

However, the Publisher undertakes to make its best efforts to ban illicit, doubtful or harmful hyperlinks to Users simply by visiting said sites, as well as to ban Hosts originating such links, in the event of repetition after warning. The Publisher can only act if Users notify it of such behavior, by email to the address: contact@lovenspa.fr or by phone at: + 06 95 14 34 65.

 

If, despite the Editor's efforts, one of the hyperlinks on the Site points to a website or internet source whose content is or appears to be non-compliant with the requirements of French law for a User, the User undertakes to immediately contact the Site's publication director, whose contact details are provided in the Site's legal notices, in order to inform them of the address of the pages of the third-party site in question.

 

ARTICLE 17 – FORCE MAJEURE

 

The Editor or the Host shall not be held responsible for any delay or failure to perform resulting from causes beyond their reasonable control, and meeting the characteristics of force majeure or unforeseeable circumstances in application of article 1218 of the Civil Code, or exceptional health or climatic hazards beyond their control.

 

The Party observing the event must immediately inform the other Party of its inability to perform its service and justify it to the other Party. The suspension of obligations can in no case be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or late penalties.

 

The performance of the obligation is suspended for the entire duration of the force majeure if it is temporary and does not exceed a period of 60 days. Consequently, as soon as the cause of the suspension of their reciprocal obligations disappears, the Parties will make every effort to resume the normal performance of their contractual obligations as quickly as possible. To this end, the impeded Party will notify the other Party of the resumption of its obligation by registered letter with acknowledgment of receipt or any extrajudicial act. If the impediment is definitive or exceeds a period of 60 days, these presents will be purely and simply terminated, by sending a registered letter with acknowledgment of receipt or any extrajudicial act.

 

ARTICLE 18 – ASSISTANCE SERVICES

 

The customer and assistance service for the Site is accessible by email at the following email address: contact@lovenspa.fr, and by postal mail at the following address: 78 Avenue des Champs-Elysées, Bureau 562, 75008 Paris.

 

ARTICLE 19 – INTELLECTUAL PROPERTY RIGHTS

 

19.1. All elements of the Site (graphics, images, photographs, content) belong to the Editor or a third-party agent, or, if applicable, are used by the Editor on the Site with the authorization of their owner, for the purpose of referencing their Accommodation.

 

LOVENSPA is a registered trademark with the INPI (National Institute of Industrial Property). Its use by third parties is therefore prohibited, except with the express authorization of the trademark holder following a prior written request to the following email address: contact@lovenspa.fr.

 

Any representation, reproduction or adaptation of logos, textual content, photographs, videos, trademarks (without this list being exhaustive) present on the Site, without prior written agreement from the Editor or, if applicable, the rights holder, is strictly prohibited and constitutes acts of counterfeiting (within the meaning of articles L.713-1 et seq. of the Intellectual Property Code).

Any User who commits acts of counterfeiting may have their access to the site deleted and prohibited, without notice or compensation and without this exclusion being prejudicial to them; without prejudice to any legal proceedings against them, at the initiative of the Site Editor, their agent or the holder of said intellectual property rights, if applicable.

Any use of the contact details of the hosts accessible via the Lovenspa.fr platform for canvassing, prospecting or competition purposes is strictly prohibited.
Any infringement will result in immediate suspension, prosecution for unfair competition, parasitism and reporting to the CNIL.

19.2. LOVE'N SPA undertakes to respect all intellectual property rights of all Users, and in particular Hosts and Partners who use the lovenspa.fr platform to reference their Accommodation.

 

19.3. The Jacuzzi brand may be used on the Site, in the context of certain advertisements. However, the use of said brand is regulated and should only serve to designate the brand's products, and not mislead Users.

The term Jacuzzi Spa will be used for any product of the brand.

 

The Editor shall in no case be responsible for fraudulent use of the brand by a Host. The latter shall be solely responsible in the event of a claim or complaint from the brand, and shall be solely responsible for the related costs.

 

ARTICLE 20 – PERSONAL DATA PROTECTION AND COOKIES

 

The information collected on the website https://lovenspa.fr as well as during any online reservation on said site is intended for the company LOVE'N SPA and is used for the following purposes: sending newsletters, commercial and/or promotional offers from LOVE'N SPA and concerning exclusively LOVE'N SPA services.

 

The data collected from Travelers are as follows: name, first name, address, bank details.

 

The data collected from Hosts are as follows: name, first name, address, bank details, as well as all information required to list an advertisement or to manage the calendar.

 

Data may be collected through Cookies, allowing the identification of the Site User, personalization of Site browsing and speeding up Site display by saving a data file on their computer. The Site may use "Cookies" primarily to 1) obtain browsing statistics to improve the User's experience, and 2) allow access to a member account and content that is not accessible without logging in.

 

Data is retained for the period necessary for its use. The data is then anonymized or deleted, when no longer needed, to fulfill the stated purposes, unless legislation requires them to be retained longer.

 

In accordance with the "Informatique et Libertés" law of January 6, 1978, and the General Data Protection Regulation (GDPR) of May 23, 2018, Users have a right to access, rectify, and delete data concerning them. To exercise these rights, the Client can contact the Seller at the following e-mail address: contact@lovenspa.fr.

 

For more information, please refer to the privacy policy available on the website https://lovenspa.fr.

 

ARTICLE 21 – NOTIFICATIONS AND COMPLAINTS

 

Any notification, complaint or opinion concerning these General Terms and Conditions, legal notices, privacy policy or data processing, or any errors, modifications to be made on the Site or notifications of fraudulent links, rental scams, etc. must be made by email to the following address: contact@lovenspa.fr. If applicable, notification must be sent by registered mail to the address of the registered office of LOVE'N SPA mentioned in Article 1 of these General Terms and Conditions or appearing in the legal notices of the Site.

 

Any notification must specify the contact details, the identification of the notifier and the reasons justifying the notification or complaint.

 

ARTICLE 22 – INDEPENDENCE OF CLAUSES

 

If any provision of these GTC is held to be unenforceable, it shall not affect the validity and enforceability of the remaining provisions.

 

ARTICLE 23 – MEDIATION

 

The Client is informed that, in any event, they may have recourse to conventional mediation, particularly with the Consumer Mediation Commission (C. consom. art. L 612-1) or with existing sectoral mediation bodies, or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

 

ARTICLE 24 – APPLICABLE LAW AND DISPUTES

 

24.1. These general terms and conditions of sale and the transactions resulting therefrom are governed by French law.

 

They are written in French. In the event that they are translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.

 

24.2. All disputes relating to the application of these GTC, concerning their validity, interpretation, execution, non-execution, termination, consequences and follow-up, which could not be resolved amicably between the Editor and the User, shall be submitted to the competent courts under the conditions of common law.

 

If the dispute must be brought before the courts, the consumer may choose to refer the matter, in addition to one of the territorially competent jurisdictions under the Code of Civil Procedure, to the jurisdiction of the place where they resided at the time of the conclusion of the contract or of the occurrence of the damaging event.

 

It is also recalled that, in accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union.