Publication manager: SAS ECS
Hosting: OVH – OnLine, Scaleway
The websites www.chateaux-france,com, www.chateaux-france.app and all their derivatives:
– its cardinal sites, by adding one or more alphanumeric characters in place of “www”,
– sites that are translations thereof, such as: chateaux-france.fr, frankrijk-kastelen.com, schlosser-frankreich.com, castelli-francia.com, (it being specified that this list is neither restrictive nor exhaustive),
Collectively referred to as “the Site” or “the Publisher”.
These Individual Terms and Conditions (the “Terms“) apply to member users within the meaning of Article 2 paragraph 4 of our TOU, hereinafter referred to as “You“, “Your” or “Yours” and are a legally binding contract between You and Chateaux-France governing Your right to use the Site. When used in these Terms, the terms “Chateaux-France“, “we“, “us” or “our” refer to SAS ECS, referred to below, with whom you are contracting.
The Chateaux-France online ad service is published and hosted by ECS – Eden & Chateaux Stream (“ECS“), a simplified joint stock company with capital of 4,000 euros, headquartered at 3bis, rue Albert Einstein 93200 Saint-Denis – France – France, registered with the Registre du Commerce et des Sociétés under number 899 268 718, Tel. +33 1.47.55.17.02 (not surcharged) – e-mail, VAT number FR68899268718.
In accordance with our General Terms and Conditions: the Site offers an online tool enabling connections (“Connecting”) between buyer members (“Buyers” or “Clients”) and seller members (“Sellers” or “Providers”) for the purpose of making reservations for visits, stays, events, and any related ancillary services. Sellers and Buyers are hereinafter jointly referred to as “Members.” The Site facilitates the conclusion of sales and reservation contracts between Site members: Sellers and Buyers, pursuant to the mandate given in accordance with Articles III and following of our General Terms and Conditions.
It is reminded that Members are the sole decision-makers regarding the completion of the reservation, purchase and sale.
Providers offer accommodation (“Accommodation”), activities, tours and events (“Experiences”), as well as travel services for stays and other things (collectively: the “Provider Services”, or “Services”) and each offer of Provider Service, an “Advertisement”.
Consequently, Chateaux-France presents different categories of Ads:
– stays (the “Stays” or “Accommodations”),
– self-guided or guided tours of the places, either indoors or outdoors (the “Tours”),
– rental of establishments (places or venues) to organize private events, such as receptions, birthdays, weddings, product launches, seminars and others (the “Events”).
Service providers are deemed offer as a matter of course services to the public in establishments that they control, manage, or own. This includes: buildings, furnishings, installations, and all objects (decorative or service-related) attached thereto (hereinafter referred to as: the “Establishments” or the “Establishment”).
In this capacity, they act in a professional capacity, in accordance with our GTC General Terms and Conditions of Sale for Subscribers Members.
As a consumer residing in the EEA, Customers can access the European Commission’s online dispute resolution platform here. Chateaux-France undertakes to use an alternative dispute resolution entity within the meaning of Directive 2013/11/EU to resolve disputes with consumers.
As the provider of the Site, Chateaux-France reminds you that it does not control, offer or manage the advertisements, the Provider Services or any goods or services presented for sale or reservation. Chateaux-France is not a party to contracts entered into directly between Sellers and Buyers, and Chateaux-France is not a real estate agent, travel agent or insurer, nor is it an organizer or retailer of tour packages under Directive (EU) 2015/2302. Chateaux-France does not act as an agent for any Member but as an agent for both jointly, within the meaning of our T&Cs, except as set out in the Terms of Service relating to payments (“Payment Terms“). For more information on the role of Chateaux-France, please see sections 7 and 17 of these Terms and Conditions.
1.1 Search.
Buyers can search for Provider Services using criteria such as the type of Provider Service, the type of Service, the destination of the Service, the dates of the Service and the number of persons present. They can also use filters to refine their search results. Results of your search are based on their relevance to the search and other criteria. Relevance takes into account factors such as price, availability, reviews, user support and cancellation history, popularity, previous services and selected Ads, Provider requirements (e.g. minimum or maximum number of nights, maximum visitor or room capacities), and more.
1.2 Booking.
When the Customer receives the booking confirmation, a contract for the Provider’s Services (a “Booking”) is formed directly between the Customer and the Provider to which Chateaux-France is not a party.
In addition to these Terms and Conditions, the customer will be subject to all Booking conditions, including, but not limited to, cancellation policies and all other rules, standards, policies, or requirements identified in the Listing or at checkout that apply to the Booking. It is the customer’s responsibility to read and understand these rules, standards, policies, and requirements before booking. Some Providers work with a co-provider or as a team member to provide their Provider Services.
When a customer books an Ad, they agree to pay all charges relating to their booking, including the price set out in the Ad, applicable charges such as Chateaux-France’s service fees, charges levied in person, taxes and any other items identified at the time of payment (collectively, the “Total Price“). If the customer chooses to pay using a currency that differs from the currency defined by the Provider for its Ad, the Price that is displayed is based on a currency conversion rate determined by us.
1.3 Bookings.
A booking is a limited license to enter and/or occupy and/or use the Establishment (the “Occupation”) under certain conditions.
The Provider reserves the right to re-enter the place during the Occupancy period, if necessary if: (i) it is reasonably necessary, (ii) it is authorized under the contract with the Provider, and (iii) it is permitted by applicable law.
Bookings are understood to apply to the different categories of Advertisements defined herein.
If the customer remains after the agreed departure time, the Provider has the right to remove the customer by any authorized means, including imposing reasonable penalties for unduly prolonged Occupancy. The customer may not exceed the maximum authorized number of persons present and declared at the time of booking.
1.4 Booking Tours, Experiences and Other Provider Services. In addition to the above, a Tour, Experience, or other Provider Service Booking entitles the Client to participate in, attend, or use it. The Client is responsible for confirming that they and any invited persons meet the minimum age, skill, ability, or other requirements. The Client must inform the Provider of any health or physical condition, or any other circumstance that may affect their ability to participate in, attend, or use the Experience or Provider Service. Unless expressly authorized, the Client may not allow any person to join an Experience or other Provider Service unless that person was included as an additional Client or participant at the time of booking.
2.1 Cancellations, booking problems and refunds.
If a Client cancels a reservation, the amount refunded is determined by the cancellation conditions applicable to that Reservation.
In certain situations, other conditions may take precedence and determine the amount of the refund. If an unforeseen, insurmountable event beyond the customer’s control forces them to cancel a Reservation, they may be eligible for a partial or full refund under our Force Majeure Policy.
In the case of Reservations, if the Provider cancels or the Client experiences a booking problem (as defined in our Accommodation Replacement and Refund Policy), the Client may be eligible for assistance with a new booking, or a partial or full refund in accordance with our Replacement and Refund Policy (RRP, in French: “PRR”).
Different policies apply to certain categories of Ads; for example, Tours or Experiences bookings are governed by the Tours Refund Policy. We invite Members to consult the additional legal conditions set out in each Policy for further details on what is covered and what refund applies in each situation. It is possible to appeal a decision by Chateaux-France by contacting our user support.
2.2 Booking modifications
Providers and Customers are responsible for any Reservation Changes they agree to make through the Site or request Chateaux-France user support to make on their behalf (“Reservation Changes”), and agree to pay any additional amounts, fees or taxes associated with any Reservation Changes.
Customers are responsible for their own acts and omissions and are also responsible for the acts and omissions of any person they have invited to join them (or to whom they give access) at a Premises and all its spaces and facilities and which the Provider and the Customer are legally entitled to use as part of the booking (the “Shared Spaces“), or at any Experience or other Provider Service. For example, this means: (i) that Customers are responsible for leaving the Facilities in the Condition in which Customers found them upon arrival, (ii) that Customers agree to pay all reasonable repair and compensation amounts, and (iii) that they must act with integrity, treating the persons serving them with respect. If a Customer books for an additional minor Customer or brings a minor into a Service Provider’s Service, that same Customer must be legally authorized to act on behalf of the minor and remains solely responsible for the supervision of that minor.
4.1 Services Provider.
Chateaux-France offers Providers the right to use the Site in accordance with these Terms and Conditions to make their Provider Location(s), Experience(s) or Other Service(s) available to our community of Customers.
To do this, the Service Provider will have to create an Advertisement.
The Provider has total control over how they welcome Clients: they set their price, availability and payment for each Advertisement.
The Provider declares that he uses the Site to offer services to consumers for purposes related to its commercial, craft or professional activity, and does so on a regular basis; therefore, it acts as a professional and consequently the Provider is subject to the following conditions:
The Service Provider undertakes to provide Chateaux-France with at least the following Informations:
The Provider acknowledges that it may not publish any Advertisement(s) on the Site until Chateaux-France has been able to assess the reliability and completeness of the Information. We may ask the Provider to provide additional documentation to enable us to assess the reliability and completeness of the information.
The Provider acknowledges that it is responsible for the accuracy of the information provided and is obligated to keep this information up to date at all times. If we receive insufficient information or have reason to believe that any information is inaccurate, incomplete, or outdated, the Provider will be required to rectify the situation without delay. If the Provider fails to update its information, we may suspend its access to the Site until it has provided the required information. If we suspend our services for these reasons, the Provider has the right to file a complaint through our complaints handling system or with a certified alternative dispute resolution body in accordance with Article 14 of these Terms.
4.2 Contract with Clients.
When the Service Provider accepts a booking request or receives a booking confirmation on the Site, it enters into a contract directly with the Customer and the Service Provider is solely responsible for providing the Service in accordance with the conditions and at the Price specified in its Advertisement. The Provider also agrees to pay any applicable fees such as Chateaux-France service charges (and applicable taxes) for each reservation. Chateaux-France will debit the amounts due from the Provider’s Wallet, unless another method has been agreed upon.
Any terms or conditions that the Provider includes in an additional contract with Customers must: (i) comply with these Terms, our Additional Legal Terms, our Policies, the Information provided in the Advertisement, and (ii) be published in the description of each Advertisement.
4.3 Independence of service providers.
A Service Provider’s relationship with Chateaux-France is that of an independent entity or individual and not an employee, agent, joint venturer or partner of Chateaux-France, except that Chateaux-France acts as a payment collection agent as described in the Terms of Payment. Chateaux-France does not direct or control the Services of the Provider. The Service Provider understands that it has full discretion to decide if and when it wishes to provide Services, at what Price and under what conditions.
5.1 Creation and management of the Advertisement
The Site provides tools that allow the Service Provider to easily configure and manage an Advertisement. This Ad must include complete and accurate information about its Services, its Price, any other charges, hospitality, personalization, stay, fees collected in person and any regulations or requirements that customarily apply to the Provider’s Customers or its Ad. The Provider is responsible for its own acts and omissions, as well as for updating and ensuring the accuracy of its Listing information (including calendar availability dates) and content (such as photos) at all times. The Service Provider is responsible for obtaining appropriate insurance for its Services. We suggest that you read the policy terms and conditions carefully, including coverage terms and exclusions. We remind you that the Service Provider may only manage one Advertisement per Establishment, but may have several Advertisements for the same Establishment if it has several Benefits or Services.
5.2 Legal obligations.
The Provider undertakes to offer on the Site only Services that comply with European Union law.
The Provider is responsible for understanding and complying with all laws, regulations, and third-party contracts applicable to their Advertisement(s). For example, some local authorities, including cities and towns, require Providers to register, obtain a permit, or receive accreditation before providing certain Provider Services (such as space rentals, public reception, short-term rentals, long-term stays, food preparation, alcohol sales, guided tours, or vehicle operation). Some local authorities require registration of Guests staying at the Establishment. It is the Provider’s responsibility to verify the applicable regulations. The information we provide regarding legal requirements is for informational purposes only and should not be considered advice. The Provider is responsible for independently verifying their obligations. It is responsible for the processing and use of Clients’ personal data in accordance with privacy laws and these Terms, including our Privacy Policy.
5.3 Search results.
The ranking and display of Advertisements in search results on the Site depends on several factors, primarily the following:
The search results may differ on our mobile application and on our Web site, and may also differ in the map display. Chateaux-France may allow Providers to promote their Listings in the search results or elsewhere on the Site for an additional fee.
5.4 Subscription.
In return for the services provided by Chateaux-France(General Terms and Conditions of Sale for Members), the Service Provider is liable for a subscription fee for which an invoice is sent by e-mail no later than the twelfth (12th) day of the current month (m) for amounts due under the Monthly Subscription (m), and for which payment in arrears is made no later than the fifteenth (15th) day of the current month by the direct debit method chosen by the Seller at the time of registration (SEPA Direct Debit, CB).
However, Chateaux-France reserves the right to deduct these sums directly from the Supplier’s wallet if payment by the method initially chosen is impossible.
5.5 The responsibilities of the Service Providers.
The Providers are responsible for their own acts and omissions, as well as those of the persons they authorize to participate in the Event. They are responsible for the Tariffs, regulations and requirements defined by their advertisement(s). They are required to describe all fees and charges in the description of their ad(s), but may not collect fees or charge additional items outside the Site, except as expressly authorized by Chateaux-France.
They refrain from encouraging Customers to create third-party accounts, submit comments, provide their contact details or take other actions outside the Site, which would constitute a violation of our Terms of Service (T&CU).
5.6 The Welcome of the Clients as a team or organization.
If the Provider is working with a co-Provider or as a member of a team, company or other organization, the same Provider is solely responsible as Provider under these Terms for the acts and omissions of each entity and individual participating with it in the Provision for each of its advertisements and is required to inform the personnel engaged by it of the provision of said Services. The Service Provider represents and warrants that it is authorized and empowered to enter into contracts for the team, company or other organization and that each entity involved in the performance of the Service is in good standing under the laws of the jurisdiction in which it is established. The Service Provider represents and warrants that it is authorized to perform its duties and has full power to bind itself. If the Service Provider asks Chateaux-France to transfer part of the payment to a co-Provider or to other service providers, or to send payments to a third party, the Service Provider declares that it is authorized to do so. The Service Provider is responsible for the amounts of the payments and for the accuracy of the information provided.
6.1 Cancellations and booking problems.
If a Customer cancels a Reservation, the amount that is paid to the Provider is determined by the cancellation conditions applicable to that Reservation.
The Provider shall not cancel a Customer’s Reservation, except in the event of Force Majeure (If an unforeseen, insurmountable event beyond the Provider’s control occurs and makes it impossible to perform the Event).
If the Provider cancels a Customer’s Reservation, Chateaux-France may impose a cancellation fee. If: (i) a Customer encounters a Reservation Problem (as defined by our Replacement and Refund Policy), (ii) in the event of Force Majeure, or (iii) a Reservation is cancelled pursuant to Article 13 hereof, the amount paid to the Provider is reduced by the amount we refund or provide to the Customer, and by any other reasonable costs we incur as a result of the cancellation.
If a Customer receives a refund when the Provider has already been paid, or if the amount of the refund and other costs incurred by Chateaux-France exceeds the payment, Chateaux-France will recover this amount from the Provider, including deducting the refund from future payments.
The Provider agrees that Chateaux-France’s Accommodation Replacement and Refund Policy and Force Majeure Policy, as well as these Conditions, shall prevail over any cancellation conditions that the Provider may have established in situations where they allow the cancellation of a reservation or the issuance of refunds to Customers.
If we reasonably expect to refund a Customer under one of these Policies, we may withhold any payment for that reservation until a refund decision is made.
Our various Customer refund policies, as well as cancellation fees and other charges, apply to reservations accepted by the Provider.
We invite the Provider to consult the additional legal conditions set out in our Policy for more details on what is covered and the reimbursement applicable in each situation.
The Service Provider may appeal against a decision by Chateaux-France by contacting our user support.
6.2 Booking changes.
Providers and Customers are responsible for any booking changes they agree to make on the Site or request Chateaux-France user support to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a booking change.
7.1 Taxes applicable to service providers.
The Providers are responsible for determining and fulfilling their reporting, collection, and payment obligations for VAT or other indirect taxes, tourist taxes, tourism taxes, income taxes, or other applicable taxes (“Taxes”).
7.2 Collection and payment by Chateaux-France.
In local communities where Chateaux-France facilitates the collection and/or remittance of taxes on behalf of service providers, who then instruct and authorize Chateaux-France to collect taxes on their behalf and/or remit such taxes to the relevant taxing authority. All taxes collected and/or remitted by Chateaux-France are indicated to Members on their transaction statements, where applicable. Chateaux-France may request additional amounts from Members (including deducting such amounts from future payments) in the event that the Taxes collected or remitted are insufficient to fully meet such Member’s tax obligations. In the event of disagreement with the amount of Taxes collected and repaid by Chateaux-France, Providers are invited to contact their tax authorities in order to request a refund. Providers acknowledge and accept that we reserve the right, after prior notification to the Members concerned, to cease the collection and remittance of Taxes for any reason whatsoever.
7.3 Tax information.
In some local authorities, tax regulations may require us to collect and/or declare tax information concerning a Service Provider, to deduct taxes from their payments, or both. If the Service Provider does not provide us with documentation that we deem sufficient to justify such an obligation to withhold taxes from payments to you, we may withhold payments up to the amount required by law until sufficient documentation is provided. The Service Provider agrees that Chateaux-France may issue invoices or similar documents in its name for VAT, any goods and services tax, consumption tax or tax relating to its Services in order to facilitate accurate tax returns.
7.4 Access to data.
Providers have access to personal and other data in their Chateaux-France account and Provider dashboard, which is provided by the Provider, its Customers or generated by use of the Site, and is necessary to provide their Provider Services, as well as to obtain aggregated information about searches, bookings and performance of their listings. Our Privacy Policy sets out the categories of personal data and other types of data we collect, how we use, process, disclose and store it, and how Providers can access it and exercise their data protection rights.
7.5 Additional distribution channels.
Chateaux-France offers an affiliate program that allows Ads to appear on third-party websites, such as online Tours, travel or events sites, media, loyalty programs and search comparison sites. The Ads may also appear in advertisements for Chateaux-France published from time to time on third-party Web sites.
After each Provider Service, Customers and Providers (“You”, “Your”, “Yours”) have the opportunity to leave each other a Comment.
Your Comment must be accurate and may not contain any discriminatory, offensive, defamatory or other material that would violate these Terms, applicable law, our Content Policy or our Comment Policy. Comments are not verified by Chateaux-France and may be unsubstantiated or misleading.
Certain parts of the Site allow you to provide comments, text, photos, audio, video, information and other content (“Content“). You may do so by providing Content (in particular, under the conditions set out in our GTC Sellers-Suppliers Members, in particular articles 1.1 and 1.10) or by posting comments on the Site. If the Content includes personal information, such Content will only be used for such purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Where Chateaux-France pays for or facilitates the creation of Content, Chateaux-France may own such Content. You are solely responsible for all Content you provide and warrant that you own the Content or are authorized to grant Chateaux-France the rights described in these Terms. You are responsible if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Content Policy(our Copyrights) and our Non-Discrimination Policy, which prohibit, among other things, content that is discriminatory, obscene, harassing, deceptive, violent or illegal. You agree that Chateaux-France may provide automated translation services or tools and that your Content may be translated using such services or tools. Chateaux-France does not guarantee the accuracy or quality of such translations, and it is the responsibility of Members to verify the accuracy of such translations.
In addition, the Service Provider declares that it is in a position to communicate to Chateaux-France, without delay and upon first request, any authorization from the holder of intellectual property rights that may be required for the presentation of its Advertisement(s) on the Site.
Chateaux-France may charge fees (and applicable taxes) to Providers and Customers for the right to use the Site. All applicable fees are disclosed to Providers prior to publication of an Advertisement and to Customers prior to Booking. Unless otherwise stated on the Site, service fees are non-refundable.
In consideration of the service(s) included in the subscribed offer (in accordance with our General Terms and Conditions for Members), Providers are liable for a monthly subscription for which an invoice is sent to them by email no later than the twelfth (12th) day of the current month (m) for the amounts due for the Subscription of the month (m), and the payment due in due date is made no later than the fifteenth (15th) day of the current month on the payment method chosen by the Provider when registering (SEPA Direct Debit, CB). However, Chateaux-France reserves the right to deduct these sums directly from the Supplier’s wallet if payment by the method initially chosen is impossible.
11.1 Regulation.
You must respect these rules and must not help or encourage other persons to break or circumvent them.
o Do not lie, misrepresent something or someone, or pretend to be someone else.
o Be polite and respectful when communicating or interacting with others.
o Do not attempt to evade the application of these Terms, our Additional Legal Terms, our Policies and our Standards, for example by creating duplicate accounts or listings.
o Respect our non-discrimination policy and do not discriminate against or harass others.
o Do not use robots, crawlers, scrapers or other automated means to access or retrieve data or other Content from the Site or to interact with it.
o Not hack, circumvent, delete, alter or attempt to circumvent any security or technological measures used to protect the Site or the Chateaux-France Content.
o Do not decipher, decompile, disassemble or reverse engineer the software or hardware used to provide the Site.
o Do not undertake any action that could disrupt or harm the performance or proper functioning of the Site.
o You may only use another Member’s personal information to the extent necessary to facilitate a transaction using the Site, as permitted by these Terms.
o Do not use the Site, our messaging tools or Members’ personal information to send commercial messages without the explicit consent of the recipient.
o Use the Content made available by the Site only if it is necessary to allow you to use the Site as a Client or Provider.
o Do not use the Content unless you have the permission of the owner of the Content or the use is authorized by us in these Terms or in any other agreement you have with Chateaux-France.
o Do not request, make, or accept a Reservation or Payment outside of the Site to avoid paying fees, taxes, or for any other reason. See our policy governing fees collected in person for exceptions.
o Not require or encourage Customers to open an account, leave a comment or otherwise interact with a third-party Web site, application or service before, during or after a reservation, except as authorized by Chateaux-France.
o Do not attempt to manipulate our search algorithm.
o Do not book Provider Services unless you actually use those services.
o Do not use, copy, display or frame the Site, any Content, any Chateaux-France brand, or any layout or design without our consent.
o Understand and comply with the laws that apply to you, including laws on privacy, data protection and export.
o If you provide us with personal information relating to another person: (i) you must do so in compliance with applicable law, (ii) you must be authorized to do so, and (iii) you authorize us to process this information in accordance with our Privacy Policy.
o Read and comply with these Terms and Conditions as well as our Additional Legal Terms, Policies and Standards.
o Do not organize or facilitate unauthorized parties or events. You are responsible for any parties or events that occur during your booking.
o Do not use the name, logo, trademark or registered trademarks of Chateaux-France or other persons without authorization, and only as indicated in our Copyrights.
o Do not use or register any domain name, social network identifier, trade name, trademark, logo or other source identifier that is confusingly similar to any Chateaux-France logo or trademark. For further information, please consult our Trademark Guidelines.
o Do not offer Provider Services that violate the laws or contracts that apply to you.
o Do not offer or solicit prostitution services, nor participate in or facilitate human trafficking.
11.2 Reporting an offence.
If you believe that a Member, Listing or Content presents an imminent risk of harm to a person or place, you should immediately contact the local authorities before contacting Chateaux-France. In addition, if you believe that a Member, Listing or Content constitutes a breach of our Standards, you should report your concerns to Chateaux-France. If you have reported a concern to local authorities, Chateaux-France may request a copy of that report. Unless required by law, we are not obligated to take any action in response to a report.
12.1 Disclaimer of any monitoring obligation on the part of the Site
You acknowledge that Chateaux-France has no obligation to monitor the Content provided by Members and stored on their behalf, or to actively seek facts or circumstances indicating illegal activity or inconsistency of the Content with the rights of third parties, these Terms or the Policies and Standards of Chateaux-France. However, Chateaux-France reserves the right to conduct voluntary investigations on its own initiative to detect, identify and remove or disable access to illegal or incompatible Content, and to take all necessary actions in accordance with these Terms.
12.2 Obligation to cooperate with the Site
You agree to cooperate with Chateaux-France, to help Chateaux-France in good faith and to provide Chateaux-France with any information requested by Chateaux-France and to take any reasonable action requested by Chateaux-France in connection with any investigation by Chateaux-France into the Content of the Site or the use or misuse of the Site.
12.3 Report an issue on Site Content
Chateaux-France provides Members and third parties, including trusted whistleblowers designated in accordance with Article 22 of Regulation (EU) 2022/2065 (“Notifiers”), with the means to notify Chateaux-France of alleged illegal Content (including copyright infringement) on the Site using our electronic notification form (“Content Notification”). To learn more about how to report Content, please visit our Help Center.
12.4 Investigation procedures
As part of its self-initiated investigations and review of Content Notifications, Chateaux-France uses various processes and tools to identify, review and moderate Content. This may involve human review, automated review or a combination of both. If automated means have been used to review Content, and Chateaux-France has subsequently taken action with respect to such Content, Chateaux-France will notify the Member who posted the Content of the use of such automated means to the extent that the legitimate interests of Chateaux-France and its Members do not preclude such notification.
12.5 Misuse of Content Notifications
Chateaux-France is entitled to suspend the processing of Content Notifications for a reasonable period of time if the Notifier in question frequently sends notifications that are manifestly unfounded. Where appropriate, Chateaux-France will issue a warning prior to such suspension. In deciding on a suspension, Chateaux-France will take into account all relevant facts and circumstances emerging from the information available to Chateaux-France, including (i) the number, severity and frequency of unsubstantiated Notifications; (ii) the ratio of unsubstantiated Notifications to all Notifications from the Notifier; and (iii) the intentions pursued by the Notifier, to the extent that they can be determined by Chateaux-France.
13.1 Duration
These Terms will remain in effect until you, or we, terminate them in accordance with these same Terms.
13.2 Termination
You may terminate this Agreement at any time by sending us an e-mail or by deleting your account. Chateaux-France may terminate the Agreement (as defined in Section 23 hereof) or limit termination to these terms only for any reason by giving you 30 days prior notice by e-mail or by using any other contact information you have provided for your account. Chateaux-France may also terminate this Agreement immediately and without notice and cease providing access to the Site if (i) you materially breach these Terms or our Additional Legal Terms or Policies, if (ii) you violate applicable law, or if (iii) such action is necessary to protect the personal safety or property of Chateaux-France, its Members or third parties (for example, in the case of fraudulent conduct by a Member), or if (iv) your account has been inactive for more than two years.
13.3 Offenses committed by a Member
If (i) you violate these Terms, our Terms or the Agreement, as defined in Section 23 hereof, (ii) you violate applicable law, regulations or the rights of third parties, (iii) you provide Content that is unlawful or inconsistent with these Terms (iv) you have repeatedly received poor reviews or if Chateaux-France becomes aware of or has received complaints regarding your performance or conduct, (v) you have repeatedly cancelled confirmed reservations or if you have failed to respond to reservation requests without valid reason, or if (vi) such action is necessary to protect the personal safety or property of Chateaux-France, its Members or third parties, Chateaux-France may :
In the case of minor infringements or if applicable, you will be informed of any action Chateaux-France intends to take and will be given the opportunity to remedy the problem, unless such notification would (i) avoid or prevent the detection or prevention of fraud or other illegal activities involved, (ii) harm the legitimate interests of other Members or third parties, or (iii) violate applicable laws.
If we take any of these measures, Chateaux-France will inform you, where appropriate, giving reasons for its decision, in accordance with its legal obligations.
13.4 Legal mandates
Chateaux-France may take any action it deems reasonably necessary to comply with applicable law, or a decision of a court, or any other duly empowered judicial, administrative or police authority, including the measures described above in Article 13.3.
13.5 Effect of termination
If you are a Provider and cancel your Chateaux-France account, all confirmed bookings will be automatically cancelled and your Customers will receive a full refund. If you delete your Chateaux-France account as a Customer, all confirmed bookings will be automatically cancelled and any refund will depend on the cancellation conditions of the Advertisement. In the event of termination of this contract, you are not entitled to restoration of your account or Content. If your access to or use of the Site has been restricted, your Chateaux-France account has been suspended, or this Agreement has been terminated by us, you may not register a new account or access or use the Site through an account of another Member.
14.1 Claims filed in the EU
If your Country of residence or establishment is a member of the European Economic Area and Chateaux-France takes one of the measures provided for in Article 13.2 and 13.3, you may send a complaint against such measure through our internal complaints handling system.
14.2 Notifiers
Chateaux-France’s complaint handling system is also available to Notifiers residing in the EEA who have sent a Content Notification in accordance with Article 12.3 of these Terms, if the notification has been rejected in whole or in part by Chateaux-France.
14.3 Claim period
A complaint may be sent through our complaint handling system for a period of six (6) months, starting, in the case of article 14.1, from the day a Member is informed of the action taken and, in the case of article 14.2, from the day the Notifier is informed of the rejection of its Content Notification.
14.4 Suspension of claims
Chateaux-France is entitled to suspend the processing of Members’ and Notifiers’ claims for a reasonable period of time if the Member or Notifier in question frequently sends claims that are manifestly unfounded. Where appropriate, Chateaux-France will issue a warning prior to such suspension. In deciding on suspension, Chateaux-France shall take into account all relevant facts and circumstances emerging from the information available to Chateaux-France, including (i) the number, severity and frequency of unsubstantiated claims; (ii) the ratio of unsubstantiated claims to all claims; and (iii) the intentions pursued by the Member or Notifier, to the extent determinable by Chateaux-France.
14.5 Appeal against the rejection of a claim
Members subject to measures in accordance with Article 14.1 and Notifiers who have sent Content Notifications that have been rejected by Chateaux-France, have the right to select an out-of-court dispute resolution body certified in accordance with Article 21 of Regulation (EU) 2022/2065 to resolve disputes relating to such measures, including claims that have not been resolved using our claims handling system. Both parties will engage, in good faith, with the selected dispute resolution body to resolve the dispute. Chateaux-France reserves the right to refuse to contact the dispute resolution body if a dispute concerning the same Content and the same grounds of alleged illegality of the Content or its alleged incompatibility with these Terms has already been resolved or is already the subject of ongoing proceedings before a competent court or other competent out-of-court dispute resolution body.
14.6 Subsidiary provisions
For all other inquiries and complaints that are not subject to Chateaux-France’s complaint handling system, Members may contact our user support.
When we propose changes to these Terms, we will post the updated Terms on the Site and update the “last updated” date at the top of the Terms page. Your continued use of the Site after the effective date of the proposed changes will constitute acceptance of the revised Terms.
16.1 The damage
If a Service Provider provides valid evidence that a Client has acted wrongfully:
(i) damaged the establishment / place, or
(ii) otherwise caused the plaintiff to incur cleaning costs exceeding the initially agreed cleaning costs (each of points (i) and (ii) being a “Claim for Damages”),
The complaining Provider may inform Chateaux-France and/or request compensation through the Resolution Center. The Customer will be informed of the Damage Claim and will have the opportunity to respond. If the Customer agrees to pay, the Provider authorizes Chateaux-France to collect the amount of the Claim for Damages and to credit the amount to the Provider’s Purse.
16.2 Resolution Center
If the Provider and the Customer are unable to reach a resolution, or if a Customer fails to pay a Damage Claim, the Provider may notify Chateaux-France through the Resolution Center in accordance with the Provider Damage Guarantee Terms and Conditions and request compensation. Chateaux-France will review the Damage Claim and request the Provider to provide any required evidence (through any useful documents, such as photos, invoices or third-party expert reports) justifying the Damage Claim and the amount of the Damage Claim. The Customer will be given the opportunity to respond and provide any relevant evidence.
If Chateaux-France determines, taking into account the evidence provided, the Terms and Conditions of the Provider’s Damage Guarantee and the applicable legal rules regarding the burden of proof, that the Customer is responsible for the Damage Claim, Chateaux-France (via the Provider’s Purse, duly credited by the Customer) will pay the Damage Claim to the Provider.
The customer’s wallet must have been credited with the following sums:
– Compensation paid to the Service Provider
– Chateaux-France’s processing costs in connection with this warranty. These are 20% exclusive of VAT, calculated on the amount of the Provider’s compensation.
If Chateaux-France pays the Claim to the Service Provider, Chateaux-France may collect the amount of the Claim from the Customer, including by debiting the Customer’s Payment Method up to a maximum amount of 800 euros. Chateaux-France may also exercise these rights, including for amounts in excess of the applicable maximum, by debiting the Customer’s Payment Method or by using all remedies available to the Site under applicable law, including referral of the matter to a collection agency, and/or legal action against the Customer.
Members may appeal a decision by Chateaux-France by contacting the Site’s user support. As between the Members and Chateaux-France, the burden of proof regarding the Claim for Damages and the amount of the Claim for Damages shall always rest with the Members.
16.3 Cooperation with our Resolution Center
You agree to cooperate in good faith and to provide any information requested by Chateaux-France, to produce documents and to take any other reasonable steps in connection with Damage Claims, Member Claims, insurance policy claims or other damage claims related to your provision or use of the Provider Services.
16.4 Subsidiary provisions
Chateaux-France’s decisions regarding a Claim for Damages do not affect your contractual or statutory rights. This clause does not affect your right to take legal action in a court of law.
You are reminded that, pursuant to our GTC, we offer the right to use the Site to enable Members to publish, offer, search and book Provider Services. When Members make or accept a booking, they enter into a contract with each other directly. You are also reminded thatpursuant to Article 3 of our GTC, Chateaux-France is not and does not become a party to any contract between Members. Chateaux-France does not act as an agent for any Member, except where Chateaux-France acts as a collection agent as provided for in the Terms of Payment. While we make every effort to ensure that our Members have excellent experiences with Chateaux-France, we do not and cannot control the conduct of Customers and Providers and we do not guarantee (i) the existence, quality, safety, suitability or legality of the Classifieds or Provider Services or (ii) the truth or accuracy of the Classifieds descriptions, comments and other Content provided by Members. You acknowledge that Chateaux-France has the right to review Content, disable access to, remove or edit Content in order to: (i) operate, secure and improve the Site (including fraud prevention, risk assessment, investigation and user support); (ii) ensure Member compliance with these Terms; (iii) comply with applicable law or the order of any court, law enforcement or other governmental or administrative agency; (iv) deal with Member Content that we determine to be harmful or objectionable; (v) take the actions set forth in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including deleting Ads that do not meet the quality and eligibility criteria. When Chateaux-France deletes or deactivates Content, Chateaux-France shall inform the Member and give reasons for such decision unless such notification (i) prevents or hinders the discovery of fraud or other illegal activity, (ii) harms the legitimate interest of other Members or third parties, or (iii) violates applicable law.
You must create an account to access and use many of the Site’s features. Registration is authorized only for legal entities and natural persons over the age of majority and with full capacity to bind themselves. You must provide accurate and complete information when registering, and keep your account information up to date. Customers may not transfer their account to a third party, and Service Providers must comply with the provisions of article 23.4 hereof. You are responsible for maintaining the confidentiality and security of your account information, and are prohibited from disclosing your account information to any third party. You must immediately notify Chateaux-France if you suspect that your account information has been lost, stolen, or otherwise compromised. You are responsible for all activities that occur under your Chateaux-France Account, unless you have not authorized such activities and have not been otherwise negligent (for example, by failing to report unauthorized use or loss of your Credentials). If permitted by law, we may, but are under no obligation to (i) ask you to provide identification or other information, (ii) undertake checks to help verify your identity or background, (iii) check you against third party databases or other sources and request reports from service providers, and (iv) obtain reports from public criminal conviction registries or sex offender files or their local equivalents.
We do not endorse or guarantee the existence, conduct, performance, safety, quality, legality or suitability of any Customer, Provider, Provider Service or Advertisement. Verification of Users on the Internet medium alone is difficult, if not impossible. And we do not guarantee that our verifications, identity checks or background checks of Members, if any, will identify past breaches or prevent future ones. All references to a “verified” Member (or any similar term) mean only that the Member has undergone a verification or identification procedure limited to the means available to Chateaux-France. We are not responsible for any breakdowns or outages of the Internet or telecommunications infrastructures beyond our control, which may lead to interruptions in access to the Site. Chateaux-France may, on a temporary basis and taking into account the legitimate interests of Members (for example by prior notice), limit the availability of the Site or of certain features of the Site if this is necessary due to limited Capacity, to preserve the security or integrity of our servers, or to carry out maintenance operations in order to ensure the proper functioning or to improve the functioning of the Site.
20.1 Responsibility (referral)
Chateaux-France shall only be liable for damage caused by itself, its legal representatives or agents in the strict context of the performance of the agency agreement referred to in the GTCS.
20.2 Liability for culpable breach
Chateaux-France is also liable, without limitation, for other damages resulting from intentional or grossly negligent breach of duty by Chateaux-France or its legal representatives or agents.
20.3 Liability for simple negligence
In this context, Chateaux-France cannot be held liable for damages resulting from a breach of an obligation based on simple negligence.
20.4 The extent of damages for simple negligence
Article 20.3 Chateaux-France’s liability is limited to the foreseeable and usual damage that may occur. Contractual obligations are those obligations of Chateaux-France which you expect to be fulfilled in order to perform the contract referred to in our GTC.
20.5 Additional provisions
Insofar as the liability of Chateaux-France is excluded or limited, this also applies to the personal liability of its legal representatives, employees and agents.
To the extent permitted by applicable law, you agree to release, defend (at Chateaux-France’s option), indemnify and hold Chateaux-France harmless from and against any and all claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in connection with:(i) your breach of these Terms (including any supplemental or additional terms that apply to any product or feature) or the contractual package referred to in 23.1 hereof (ii) your improper use of the Site , (iii) your interaction with any Member of the Site, including, without limitation, any prejudice, loss or damage (compensatory, direct, incidental, consequential or otherwise) of any kind whatsoever arising in connection with or as a result of such interaction, stay, Tours or Event, (iv) your failure, or our failure to comply with your instructions, to accurately report, collect or remit taxes, or (v) your violation of any law, regulation or third party right such as intellectual property or privacy rights.
These Conditions shall be governed by and construed in accordance with French law. If a consumer customer’s Country of residence adopts a more advantageous regulation, these provisions shall apply regardless of the choice of French law. A consumer customer may only institute legal proceedings relating to these Conditions before the competent court of his or her place of residence or the competent court of the place where Chateaux-France is established in France. If Chateaux-France wishes to assert its rights against a consumer Customer, we may only do so in the courts of the jurisdiction in which it is located. Any Service Provider is deemed to be acting as a Professional and, in the absence of amicable resolution of a dispute between the parties, the French courts within the jurisdiction of the Paris Court of Appeal – Paris being the place of the services and rights referred to herein – shall have sole jurisdiction.
23.1 Other conditions incorporated by reference.
Chateaux-France applies other Terms and Conditions in addition to these Terms and Conditions, such as our Terms and Conditions of Use, our Privacy Policy(PCS), which describes the collection and use of personal data, Copyrights, our Terms and Conditions of Sale which describe the search and match mandate, our Terms and Conditions of Sale for Members, which describe the conditions of service provided by Chateaux-France in connection with the publication of Ads and other services, our Conditions of Use of the Chateaux-France Purse(CUPM), our Replacement and Refund Policy(PRR), our Provider Damage Guarantee(GDP), and other additional conditions, linked to these Conditions apply to any use of the Site.
They are incorporated by reference and form an integral part of the contractual agreement (hereinafter referred to as the “Agreement”).
23.2 Interpretation
This Agreement does not confer and is not intended to confer any rights or remedies upon any persons other than you and Chateaux-France.
The invalidity of one or more clauses herein shall not invalidate the Agreement.
The invalidity of one or more clauses of the contractual agreement shall not invalidate these Terms and Conditions.
23.3 Absence of waiver
Chateaux-France’s failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as otherwise expressly provided in these Terms, the exercise by either party of any remedy available to it under these Terms shall be without prejudice to any other remedies available to it under these Terms or at law.
23.4 Assignment
You may not assign, transfer or delegate this Agreement or your rights and obligations under these Terms without the prior written consent of Chateaux-France. Chateaux-France may, without restriction and at its sole discretion, assign, transfer or delegate this agreement and any rights and obligations hereunder upon 30 days prior written notice. You have the right to terminate the Terms at any time in accordance with Section 13.2.
23.5 Notice.
Unless otherwise specified, all notices or other communications to Members permitted or required hereunder shall be given electronically and delivered by Chateaux-France by e-mail, by notice on the Site or by messaging service (including SMS and WeChat), or by such other means of contact as we may provide.
23.6 Third-party services
The Web site may contain links to websites, applications, services or resources produced by third parties (“Third Party Services”) that are subject to different terms and conditions and privacy practices. Chateaux-France is not responsible for these Third Party Services and links to such Third Party Services are not a validation.
23.7 Translations and Terms and Conditions of Third-Party Operators
Certain translations on the Site are provided by third parties. Chateaux-France disclaims all warranties relating to translations, express or implied, including all warranties of accuracy, reliability and all implied warranties of merchantability, fitness for an Individual purpose and non-infringement. Some parts of the Site use third-party mapping services, including their APIs. Your use of these services is subject to additional third-party terms of use.
23.8 Apple’s Terms and Conditions
By using or downloading our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.
23.9 Site Content
The Content made available through the Site may be protected by copyright, trademark, and/or other laws of certain Countries. You acknowledge that all intellectual property rights in such Content are the exclusive property of Chateaux-France and its licensors and agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. Pursuant to our Copyrights, you may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessible through the Site except to the extent that you are the legal owner of such Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Chateaux-France grants you a limited, non-exclusive, non-transferable, revocable, non-sublicensable license to (i) download and use the application on your personal device(s), and (ii) access and view the Content made available to you on or through the Site, solely for your personal, non-commercial use (in accordance with our TOU).
23.10 Force majeure
Chateaux-France shall not be liable for any delay or failure to perform resulting from abnormal and unforeseeable circumstances beyond its reasonable control, the consequences of which would have been unavoidable despite all efforts made, including, but not limited to, force majeure events, war, terrorism, riots, embargoes, acts of civil or military authority, fire, flood, accident, pandemic, epidemic or disease, strike or shortage of transportation, fuel, power, labor or materials.
23.11 Emails and SMS
You will receive communications from us at your e mail address or other contact details you provide when creating your Chateaux-France account. Subscribing to programs involving the sending of e-mails will not affect the frequency of these communications, but you should expect to receive additional e-mails specific to the programs to which you have subscribed. We may also send you promotional e-mails. There is no charge for these promotional e-mails, but third-party data Tariffs may apply. You can control the promotional e-mails you receive by accessing the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or if you do not have a Chateaux-France account.
23.12 Contact us
For any questions regarding these Terms and Conditions, please contact us via the form.
