General conditions of use and sale of "Bienvenue à la Maison"
1. General:
The objective of the general conditions of use is to define the rights and the obligations of the members as well as the legal representative within the scope of services provided by : www.bienvenuealamaison.org.
www.bienvenuealamaison.org is represented by the administrator of the website.
The official headquarters of "bienvenuealamaison.org" is located at :
11, rue du BARRICOU 31700 BEAUZELLE FRANCE
All the members are alleged to have "read and accepted" the present GCUS and the conditions of membership.
By accepting the general conditions of use and sale and the conditions of membership, the member recognizes to completely acknowledge and accept them, and to renounce his/her own conditions of sale, or others.
The parties agree, by accepting the contact, that no revocation right is applicable due to the benefit that the Internet instantaneously sends the acceptance of the terms of conditions.
"bienvenuealamaison.org" reserves the right to modify the terms, conditions and mentions of warnings and laws reserved under the French law.
Thus, "bienvenuealamaison.org" recommends you to frequently read the present clauses in order to be informed of eventual modifications.
2. Definitions:
1. The member: the person who subscribes to "bienvenuealamaison.org" by completing the membership form and by accepting the general conditions of use as well as the terms of conditions.
2. The webmaster: the person who manages the website
3. The host: a member who hosts another member as a guest
4. The Internet user: a member who is hosted by another member
5. The hospitality exchange: a system of friendly and free invitations between members at their home, at a second home, in a caravan (RV), or in a tent.
It’s the idea of “CouchSurfing“, that we revisited notably by adding it the exchange of points and the evaluations.
As there is no systematic reciprocity between two members, we elaborated a system of exchange of points in order to compensate the host; and in order to avoid the host always being the host, the points are optional.
6. The home exchange: allows two members to mutually and simultaneously ( or no ) exchange properties: home, apartment, mobile homes, caravan, boat, etc.
The home exchange maybe called by different manners according to countries: exchange of house, housing swap...
7. The free home lending: offers the possibility to a member, who is not currently using his home, to complimentary (free of charge) put him at the disposition in exchange for points; all types of lodgings are concerned: principal residences, secondary residences, homes, apartments, cabins, mobile homes, caravans, RVs...
It is a matter of "free housing" for there is no transfer of money between the members concerned, but the possibility to transfer points; as in a traditional housing, it is advised to make a "free title" contract and to record the state of the lodging, at the beginning and the end of this free rental.
You can also use the free home lending which is available for « Homesitting ».
In your absence, you can arrange with another member, your accommodation in exchange for their surveillance, and maintenance of the home (watering the plants, looking after an animal, picking up the mail…)
Your home will then be occupied and you can leave it securely.
8. The points: points can be exchanged between members, earned when a host exchanges hospitality, exchanges homes, or makes lodging available; the points attempt to balance these invitations and allow a differing reciprocity or to transfer it towards other member's accounts; they do not have any value to bargain over.
In any case, the points have an optional character which depend on negotiation between members. Points are given by the website at the time of the registration, to the occasion of sponsoring or during "tournaments" organized by the webmaster.
The points will furthermore be able to provide access to promotional offers.
9. Holiday renting and leisure accommodation: the announcements, for offers of housings paying are deposited under the entire responsibility of the members that some are owners.
"bienvenuealamaison.org" does not take any commission on these housings.
"bienvenuealamaison.org" is neither a real estate agency nor a travel agency.
For these housing methods, it is essential that the parties in presence establish a contract of housing and a place state to the entry and to the exit.
It is always necessary to ask for a detailed description of the renting and numerous photos, a video is great to avoid unpleasant surprises.
10. GCUS: The general conditions of use and sale of "bienvenuealamaison.org"
3. Objective of « bienvenuealamaison.org » :
1. Allows members to access the announcement site for housing offers and for services, in the domains of the exchange of hospitality, the home exchange, free home lending, or holiday renting and leisure accommodation.
2. Provides a member forum in order for members to share their experiences and exchange information associated to the objective of the site.
4. Membership:
The announcement consultation is FREE and accessible to all visitors.
In order to contact the owner of an announcement, it is necessary be a member of "bienvenuealamaison.org" unless the member requested public posting of his/her personal information.
The basic membership is FREE:
—» this is the ECO membership.
The ECO membership gives the right to post
1 ECO announcement.
The membership is valid for a period of a year from the day of registration and it is renewed on the expiration date.
With the ECO membership, 2 000 points will automatically be deposited into the member's account.
To make your offer more valuable, other memberships exist:
—» The VIP membership:
With the VIP membership, you can post 1 VIP announcement and 1 ECO announcement.
Your VIP announcement will be upgraded by its positioning and by the options which are available:
- gallery photographs (up to 10 photographs),
- geolocation,
- an extra video,
- weather forecast predictions,
- and more supplementary information.
What's more, 10 000 points will be allocated to you.
—» The FIRST membership:
With the FIRST membership, your announcement will present itself in the form of an Internet site in which you can be the administrator.
In addition to the options of the ECO and VIP memberships, the FIRST membership gives access to upgraded benefits:
- a customized URL,
- a supplementary page,
- current events,
- a printable booklet,
- a reference on Google of your announcement,
- and the choice of title for indexing this into favorites.
In addition, 25 000 points will be allocated to you.
Membership modalities and membership renewal:
All people who wish to register for "bienvenuealamaison.org" must go to the thumb-index "register" then under the tab "my account" and fill in all the fields.
It is necessary then "to read and accept": the general conditions of use and sale, as well as the terms and conditions of membership.
You are then recommended to leave at least one announcement of a hospitality offer, a home exchange, a free lending of housing, or holiday renting and leisure accommodation.
It is necessary to choose a type of membership: ECO, VIP, or FIRST, and a length of membership (1, 2, or 5 years).
All new members can immediately benefit from the proposed services of "bienvenuealamaison.org".
Attention for VIP and FIRST members, in the case of payments by bank checks, access to the options of these memberships will be made after receipt and validation of the payment.
According to the length and type of membership chosen, membership is valid for 1, 2 or 5 years from the date of registration. The memberships are renewed on the expiration date by implied renewals for the ECO membership, and by the payment of the VIP or FIRST membership. By default, the membership will be transformed into "ECO membership", which allows you to continue benefiting from advantages linked to member's quality (notably the acquired points).
In the case of a paying membership, VIP or FIRST, expenses of the membership is due to the website until the end of the contract and for any reason a member terminates a membership, whether this termination is attributable to the member or to the site, the member will not be reimbursed.
Established fee:
The ECO membership is FREE and its renewal is free.
The VIP membership costs 36 Euro (€) per 1 year and its renewal is the same fee.
For a VIP membership of two consecutive years ( VIP+ ), the fee is 57 Euro (€) (a 20% reduction).
For a VIP membership of 5 years ( VIP Gold ), the fee is 117 Euro (€ ) (a 35% reduction).
The FIRST membership costs 96 Euro (€) per 1 year and its renewal is the same fee.
For a FIRST membership of two consecutive years ( FIRST+ ), the fee is 153 Euro (€) (a 20% reduction).
For a FIRST membership of 5 years ( FIRST Gold ), the fee is 312 Euro (€ ) (a 35% reduction).
The fees are listed below:
| VIP Membership |
VIP
1 year |
VIP+
2 years |
VIP Gold
5 years |
| 1 announcement VIP + 1 announcement ECO |
36 € |
72 €
57 € |
180€
117€ |
| Reduction rate in relation to the basic price |
- |
20 % |
35 % |
| FIRST Membership |
FIRST
1 year |
FIRST+
2 years |
FIRST Gold
5 years |
| 1 announcement FIRST + 1 announcement ECO |
96 € |
192 €
153 € |
480 €
312 € |
| Reduction rate in relation to the basic price |
- |
20 % |
35 % |
Warning: during the duration of the validity of your membership you can exchange the membership level, but always to a superior level. The fee that has already been paid will be deducted from your new membership type, in proportion to the number of months already used. (The rule: 3 months of VIP membership = 1 month of FIRST mebership)
The fees for the memberships are expressed in Euro (€), they include all taxes, according to the applicable French TVA tax.
These fees are amendable by the webmaster, without advanced warning.
However, once the member has paid for the membership, the amount paid cannot be changed before the end of the membership contract chosen: one, two, or five years.
Termination of membership:
– As a member: termination can take place at any moment, simply by asking the webmaster or by going to the section "my account - my profile" and by clicking on the button "unsubscribe", a confirmation will be asked. There will be no compensation of any type, neither for the loss of points acquired nor for other losses or harm that the member could undergo; whatever be the nature of the losses or harm (including the financial losses, the membership expenses).
- As the webmaster of "bienvenuealamaison.org":in case of fraud or attempt of fraud, in case of serious breaches of the member's present general conditions of usage and of sale, and/or to the terms and conditions of the members; the seriousness of the breach of the members is left to the assessment of the webmaster of "bienvenuealamaison.org"; in any case, he will not give any compensation of any type, neither for the loss of points acquired nor for other losses or harm that the member could undergo; whatever be the nature of the losses or harm (including the financial losses and the membership expenses).
Suspension of membership:
The webmaster has the right to suspend the membership of a member by way of penalty after a breach to the present GCUS and/or to the terms and conditions of the membership.
The decision, the duration, and the motive are solely the responsibility and assessment of the webmaster; during the duration of the suspension, the member loses the right to use all the services of "bienvenuealamaison.org".
The member can neither receive nor participate in an exchange, and all that was planned is canceled, the members concerned by this cancellation will be informed by the webmaster.
There will not be any compensation of any type for the losses or harm that this penalty causes to the members concerned.
5. The points system:
-
1- The points are optional in the relations between the members or in the relations between the member and the site; they are not obligatory.
-
2- The points do not serve any means of payment, they are not a type of money and they do not have any financial value.
Thus, they will never give place to financial compensation or reimbursement, and they will never be compensated for the loss of points caused by the member.
-
3- The points will give access to promotional offers of bienvenuealamaison.org and/or of its partners.
These promotional offers will be announced in the site pages, the forum, the current events, and the newsletter.
-
4- The exchanges, hospitality invitations, or lending can give place to a point transfer between the members.
The number of points, thus transferred, raises negotiation between members that will have to come to an agreement before anything else.
An indicative picture is given in "Functioning- The points" which gives a ladder of value of the points for such or such benefits, that offered you free by the members.
-
5- All litigation between members concerning the point transfer after the conclusion of an exchange, of a hospitality invitation, or of free lending, must be solved between the members concerned.
The webmaster can carry out mediation.
-
6- All attempts of fraud or of usurpation of points will be punished by the webmaster.
-
7- The points have no commercial value;
they allow to facilitate and to balance the exchanges between members, they serve to thank another member.
-
8- In the exchange system of points, equity is not searched for because the site principles are based on a mutual and friendly exchange of benefits.
-
9- The points remain in effect throughout the membership, they are automatically renewed with the membership.
In case of non-renewal of membership, the points will be irreparably lost and there will be not any financial compensation for this loss;
-
10- The reservation cancellations in exchange, hospitality, lending, or housing do not give place to compensation of any type from this site, and notably in points, that raises negotiation between the members concerned and raises "savoir-vivre"(user-friendliness).
-
11- The points acquired can be given by the member to all other members of his/her choice for example to thank other members for the services they have provided.
-
12- The point balance is available for consultation in "my account - my points"which is part of the personal information, and thus, it is not visible to other members.
-
13- A summary picture of the number of points given by the site to every member, according to the membership length and the membership type:
TABLE OF ALLOCATION OF MEMBERSHIP POINTS:
The table below summarize the number of points offered by the site to each member or upon the renewing of membership (only for VIP and FIRST) related to the level of membership chosen.
| Mode of Membership |
1 year |
2 years |
5 years |
| ECO |
2 000 |
- |
- |
| VIP |
10 000 |
22 000 |
60 000 |
| FIRST |
25 000 |
52 000 |
135 00 |
How does one carry out the point transfer?
After an exchange, a hospitality invitation, or a free lending, having been negotiated with a point exchange or to thank other members for the services they have provided, use the function "transfer points to another member" in "my account- my points". Choose the member concerned in the unfolding menu, where one can find all the "pseudos"( so called "userd ID or Login" ) of other members.
6. Referrals:
Referrals will quickly allow a wide advertisement of the offers of services of "bienvenuealamaison.org" and an increase of exchange possibilities for the members.
What's more, referrals are encouraged by granting bonus points to the member who refers: 900 points per one member referred after the referral process (promotional offers can increase these bonus points).
There is no limit to the number of referrals; the member referred must not live under the same roof of the member who refers, a member can solely be subscribed under one address.
All attempt of fraud will be punished, proportionally to the noted fraud.
TABLE OF POINTS ALLOCATION FOR REFERRALS:
The table below summarize the points allocated for successfully recruiting a new member (related to the level of the new member's membership).
Points are only allocated once when named by the ‘referral', there are no new points allocated if a new member renews their membership.
| Mode of membership of the member referred |
1 year |
2 years |
5 years |
| ECO |
900 |
- |
- |
| VIP |
2 000 |
4 000 |
10 000 |
| FIRST |
6 000 |
12 000 |
30 000 |
7. The evaluations:
Every invitation, hospitality exchange, home exchange, free lending of lodging or housing can be evaluated by the members concerned.
These evaluations, under moderation by the webmaster, are available for consultation by others members, they will be posted under the evaluated member's announcements.
These evaluations must remain objective, they must not include personal elements; the evaluations concern the housing, but not the people.
When the exchange or housing has taken place, you will be able to return to your "inbox" on "bienvenuealamaison.org", opposite the concerned visit, you will have a small icon:  which you must click on in order to write the evaluation.
8. The announcements:
Every person that wishes to obtain the rating of a member must post a minimum of one announcement under the section of his choice:
- home exchange,
- hospitality exchange ( Couchsurfing ), welcoming of camping-car or camping tent,
- free home lending, Homesitting
- holiday renting and leisure accommodation.
At any moment, a member has the right to post, modify or cancel an announcement by going to the section: "my account- my announcements- create or modify".
One must inquire of the webmaster in order to cancel an announcement because solely the site administration can remove an announcement.
The announcements are the responsibility of the member, who is the monitor of the announcement.
"bienvenuealamaison.org" accommodates announcements guaranteed to the content, the trueness, the quality and the sufficiency.
9. Ethical rules opposable to all Internet user of the site:
The announcements, the evaluations, the messages, and the discussions in the forum and in emails, must not contain matter or other information, whatever the form:
- racist, xenophobic, revisionist, discriminatory, slanderous, insulting, harmful, sexual, pornographic, or pedophilic natures,
- in contrast to the public order, to the good morals and to the respect of private life,
- inciting suicide, a crime, an offence, an act of terrorism or praising crimes of war or crimes against humanity,
In case of breach to these punishable principles, action will be taken against the writer in the manner of the topic and it could be denounced to qualified authorities.
10. The forum:
The forum is reserved to the members.
And it must remain a friendly place, which in adequacy to the objective of www.bienvenuealamaison.org.
The members are, legally, held responsible for comments they post in the forum.
The forum administrator will be able to remove all subjects, themes, or illegal or non-corresponding discussions to the values held by "bienvenuealamaison.org", without previous notice.
11. Capacity:
The membership to the site is reserved to people 18 years old, profiting necessarily to their full lawful capacities and in position of a regular visit in the countries where they exchange or rent.
12. Responsibility and guarantee as for the site usage:
The following elements will not be guaranteed by "bienvenuealamaison.org":
- The abnormalities, errors or bugs of the news, products, services, software provided on the site; interruptions or site breakdowns; site compatibility with an equipment or a special configuration.
- The contents of the announcements and their trueness, their quality, and their sufficiency, are under the entire responsibility of the member who creates them.
- The risks linked to technical specifications of the Internet, notably we can not guarantee that the information exchanged via the services advertised by "bienvenuealamaison.org" will not be intercepted by a third party, and that the confidentiality of the exchange will be completely guaranteed.
- Problems regarding lack of understanding or misunderstandings linked to translations of the textual context of this site in languages other than French. Only the French version of the texts is guaranteed to be valid. In cases involved in litigation, only the French text will be referred to.
In any case, the responsibility of the owner of the site cannot be engaged, for direct or indirect damages, and/or equipment or more intangible and/or more physical, more predictable or unforeseeable (including point loss, the losses and/or financial damages) resulting:
- supply, and/or usage, or total or partial impossibility to use the services provided on the site;
- of voluntary or involuntary facts, and/or of an accident of a member, of their having rights or of their accompanying;
- of degradations and/or flights caused by a member or its accompanying;
- of the benefits provided, or not provided, by the members, of a breach of the services proposed by the members in their announcements;
- of fraudulent announcements, incomplete or misleading;
- of behaviors, attitudes, acts, or words of the members;
- of disrespecting the GCUS and the terms of conditions of the membership;
- of problems of transportation of the members;
- as regarded to the content of the sites of which the members receive by another in form of a hypertext link;
- in case of an incidence of an uncontrollable event, unforeseeable and exterior (bad weather, catastrophic climate change, earthquake, war, riots, etc...).
13. Copyright:
- All the constituent elements of the site "bienvenuealamaison.org" as well as all the accessible elements on the site (texts, pictures, logos, icons...) are copyrighted and thus, protected.
- The owner of the site, remains tenured of all the copyrights relating to the site and rights of use of the site.
- The access to the site and/or the quality of the member does not confer any right on the rights to the copyright of the site which remains the exclusive property of " Bienvenuealamaison.org".
- Excluding explicit arrangements, it is forbidden to reproduce, modify, transmit, publish, or adapt, all or part of the site without previous, written authorization the owner of the site.
- The violation of these arrangements could result in the involvement of appropriate justice, notably of an action in forgery.
14. Protection of information/private lives:
- The site is legally declared with the CNIL, under the number: 1218889.
- The communicated information on the site allows the owner of the site, as well as his partners, associated, subcontracted, who treat and carry out the services of ""bienvenuealamaison.org".
-No personal information will be divulged to anybody outside of the site without the previous agreement of the person/people concerned. You will be able to publicize your address and coordinates (by checking an appointed box to this effect for the FIRST menbership, or in the "additional information" for the others), be aware, that this could bring you to receive many undesirable messages.
- By virtue of the law n° 2000-719 of August 1st, 2000, the declared coordinates by the user will be able to be conveyed on the demand of judicial authorities
- In accordance with article 27 of the Information and Liberty Law of January 6th, 1978, the compulsory information to the owner of the site, as well as to his partners, who treat and execute the services, is indicated in the site pages.
- The other requested information, for which the response is optional, is designed to better know the user in order to improve the proposed services.
- The owner of the site, is involved in accordance with the French and European legislations on the protection of personal information.
- In accordance with the Information and Liberty Law, the user is disposed to a right of access, of modification, of rectification, and of suppression of the information of the concerned (article 34 of the Information and Liberty Law and of January 6th, 1978).
- The user can exercise this right by addressing a letter to the member services, at the following address:
BIENVENUEALAMAISON.ORG
11 RUE DU BARRICOU
31700 BEAUZELLE
FRANCE
BLOGRAFT
Service Paiement
12 rue Mascard
31500 Toulouse
FRANCE
15. Enforceable right:
"bienvenuealamaison.org" has its social seat in France.
Therefore, the courts and the applicable legislation regarding regulation of the litigations are the French and European right.
In case of litigations or of complaint, the member should address, in priority, to the site webmaster in order to find an amicable solution.
16. Legal mentions:
- Legal person in charge of the site "bienvenuealamaison.org":
BIENVENUEALAMAISON.ORG
11 RUE DU BARRICOU
31700 BEAUZELLE
FRANCE
BLOGRAFT
Service Paiement
12 rue Mascard
31500 Toulouse
FRANCE
- EMAIL: contact@bienvenuealamaison.org
- Number of receipt of the CNIL: 1218889 |
