General Terms and Conditions of Sale and Use
Reservation of accommodation and services
1.Purpose:
The purpose of these conditions is to detail the commercial relationship between the Customer and yakabook, a brand of EdenAppart. yakabook provides a Platform for booking accommodation and services.
These conditions are deemed to have been accepted by the Customer prior to booking on the Platform yakabook. All reservations are deemed to have been made when payment for the reservation is received.
If a condition is not applicable (force majeure, change in legislation, etc.), this does not affect the application of the other conditions.
2.Contractual documents
The special conditions detailed in the advert
The general terms and conditions
In the event of contradiction between these documents, the document with the lowest number takes precedence over the others.
3.Definitions
Words beginning with a capital letter in this document have the meanings defined below:
Customer : Refers to the person accessing the service offered, who must be of legal age.
Platform: Internet sites for booking Accommodation and services made available by yakabook hosted by LODGIFY and ENSO Connect.
Advertisement: Page dedicated on the Platform to the description of the Accommodation.
Accommodation: refers to the rented accommodation.
Internal Services: Services offered, described on the Platform and carried out by yakabook or one of its service providers.
External Services: Services offered on the Platform, described on a third party site and provided by a third party. This third party is also called a Partner
yakabook: refers to yakabook, a brand of EDENAPPART SAS, a simplified joint stock company with a capital of 3,000 euros, located at 34, rue du puits neuf 13100 Aix en Provence, registered with the RCS of Aix en Provence under number 877 853 895. Intracommunity VAT number: FR57877853895
Owner: refers to the legal or natural person who operates the hosting.
Partner: Company external to yakabook whose services are offered on the Platform.
Registration: refers to completing the form sent to the customer following the booking.
Arrival time: refers to the time of arrival plus or minus 30 minutes that the Customer announces at the latest the day before their stay.
The terms defined have the same meaning whether they are used in the singular or plural.
4.Services
yakabook provides a booking Platform for the rental of short-term accommodation and the provision of Internal Services or External Services.
This Platform enables the Owner to post an ad describing their accommodation, with its booking conditions, rates and availability and providing a means of financial transaction. For the Customer, the Platform provides access to the aforementioned information and enables them to make a reservation after validating these conditions and proceeding with payment. Following their booking, Customers will be invited to register in order to obtain the various information relating to their stay.
This Platform also enables yakabook to offer Internal Services, particularly in relation to the booking of Accommodation. These services are detailed, validated and carried out by yakabook.
Finally, this Platform allows yakabookto offer External Services, in particular linked to the booking of Accommodation. These services are detailed, validated and carried out by Service Providers which do not belong to yakabook.
For all confirmed bookings, a confirmation email is sent to the Customer. The Customer is obliged to keep the details of their reservation for presentation on arrival.
5.Entering / leaving the accommodation
Check-in and check-out times are indicated in the advert. The Customer may not depart from these times, except in the case of Early Check-In or Late Check-Out options, which are available on request after Check-In.
The Customer must enter the Arrival Time as soon as possible and at the latest the day before their stay. Accessibility of the Accommodation will therefore no longer be guaranteed for a time prior to that indicated by the Customer.
In the event that the Customer does not enter the Arrival Time, this will be defined by the reception staff and communicated by message or, failing that, will be arbitrarily defined as being the maximum arrival time described in the advertisement less 30 minutes.
If the Arrival Time is changed on the day of the stay, reception will be subject to staff availability. A new Arrival Time will be agreed between the Customer and the reception staff.
The Arrival Time may be delayed on the same day:
If the delay is announced by the Customer at least two hours before the Arrival Time:
At no extra charge, provided that this does not result in entry outside the reception hours specified in the Announcement.
With additional charges if the entry is postponed at the Customer's request outside the reception hours specified in the Advert. In this case, the additional costs will be those provided for at the time of Registration.
If the delay is announced by the Customer less than two hours before the Arrival Time:
In addition to the above-mentioned charges, a flat-rate charge of €40 inc.
In the event of successive delays, the previous fixed charge may be applied several times.
6.yakabook's obligations
yakabook is responsible for the correct operation of the Platform and must act with diligence and competence and do everything in its power, within reasonable limits, to remedy any malfunction brought to its attention.
yakabook may, without prior notice, in particular for technical maintenance reasons, temporarily suspend the Platform.
The Customer acknowledges and accepts that yakabook cannot be held responsible for any inconvenience or damage linked to the use of the Internet network, including but not limited to
- poor transmission and/or reception of any data and/or information on the Internet;
- failure of any receiving equipment or communication lines;
- any malfunction of the Internet network preventing the proper operation of the Site and/or the booking of Services.
The Platform may link to other websites not published or managed by yakabook. yakabook therefore accepts no responsibility for the content of these websites or the services offered on them. In this respect, it is specified that the partners are responsible for promoting the offers published on their own websites. The decision to consult third-party websites is therefore the sole responsibility of the Customer.
7.Obligation of the Customer
7.1.Générale
The Customer must comply with all applicable laws.
The Customer is responsible for the actions and behaviour of all persons accompanying him/her and must ensure that they comply with the above obligations.
The Customer must obtain the authorisation of the persons accompanying him/her in the event of the transmission of their personal data.
The Customer must be of legal age to use the Platform.
The Customer must give notice in the event of a delay, yakabook will not be held responsible for any consequences of this delay.
7.2.Hosting
The Client must register using the link received after booking.
The Client must respect the neighbourhood: no noise pollution between 10pm and 9am.
The Customer must respect the premises: no damage, breakages or theft, and must not smoke inside the accommodation.
The Customer must not invite to the Accommodation any person whose behaviour is likely to be prejudicial to the Accommodation.
The Customer undertakes to use the WiFi network in accordance with the applicable regulations.
If the Customer uses the kitchen, he/she must clean and tidy it before leaving.
Customers must not leave valuables in the accommodation in their absence.
The Customer must be respectful of the environment: use the heating or air conditioning with the windows closed and in a reasonable manner, limit the consumption of water and electricity, limit the consumption of towels.
Customers must dispose of their rubbish; only unfilled bins may be left on site.
7.3.Internal services
The Customer must comply with the conditions defined on the Platform when booking the Internal Services.
7.4.External Services
The Customer must comply with the conditions defined and described on the Partner's website.
8.Obligation of the Owner
The Owner must provide accommodation that complies with the description.
In the event of a breakdown or absence of equipment that does not make the accommodation unfit for rental (coffee machine, air conditioning, etc.), the Owner must make every effort to resolve the problem as soon as possible. An indemnity of the Owner's choice may be paid, not exceeding 20% of the price of the stay.
In the event of a breakdown or absence of equipment making the accommodation unfit for rental (absence of hot water, electricity, etc.), the Owner will be required to refund the full price of the stay.
9.Price
The price of the Accommodation includes the services described in the Advertisement and tourist taxes. Any options are not included and must be ordered separately after Registration. The exchange rate applied is determined by our partner STRIPE, the conditions of which can be consulted on their website stripe.com.
The price of accommodation is variable; the price displayed at the time the reservation is deemed to have been made is the applicable price. In the event of an extension of the stay, for additional nights, the price displayed at the time of the extension request will apply.
Prices take into account the VAT applicable on the day of booking and any change in the VAT rate will automatically be reflected in the price indicated on the invoice date.
Any change or introduction of new legal or regulatory taxes imposed by the competent authorities will automatically be reflected in the price indicated on the invoice date.
10.Payment
Payment is due at the time of booking.
Payment is transferred between the Client and the Owner via our partner Stripe. Transaction fees are payable by the Client and are included in the price displayed in the advert. The data collected for payment is governed by the rules defined by Stripe and can be consulted on Stripe.com.
11.Deposit (if applicable)
A deposit is set up according to the amount defined in the Ad. The deposit refers to the Customer's payment details taken at the time of booking. The Customer's bank card will not be debited for the amount of the deposit, except in the event of damage, theft or an order for additional services that has not been paid for.
12.Cancellation
Cancellation by the Customer:
Cancellation conditions are specified in the Advertisement. Financial transaction fees are not refunded.
Cancellation by yakabook :
yakabook may cancel a booking at any time if the Accommodation is unfit for its purpose: Theft of the main equipment, water damage, presence of bed bugs, etc.
In the event of repeated cancellations by the Customer (at least 3 times), yakabook reserves the right to cancel all new bookings.
In the event of a previous bad experience (damage caused, noise pollution, etc.) with the same Customer in one of the accommodations present on the Platform, yakabook reserves the right to cancel all new bookings.
In the event of obvious errors in the description of the Accommodation or its pricing, such as a price per night of 10€ or a studio for 15 people, yakabook may cancel the reservation.
In all the aforementioned cases, the Customer will receive a full refund.
Any Internal Services linked to this rental reserved will also be refunded in full.
Any External Services linked or not linked to this rental will be reimbursed according to the conditions defined by the Partner concerned.
In the event of a delay of more than 5 hours in relation to the scheduled arrival time not notified by the Customer, yakabook reserves the right to cancel the corresponding overnight stay without reimbursement.
In the event of non-compliance with its obligations described above or unacceptable behaviour, yakabook reserves the right to cancel the reservation without refund.
Cases of force majeure
Neither party may be held responsible towards the other party in the event of non-performance of its obligations resulting from a case of force majeure. It is expressly agreed that force majeure suspends, for the parties, the performance of their reciprocal obligations and that each party shall bear the costs arising therefrom. Cases of force majeure are considered to be those usually recognised by the case law of the Cour de Cassation (French Supreme Court). If the case of force majeure lasts for more than thirty (30) days from the date of its occurrence, these General Terms and Conditions may be terminated by any of the parties without either of them being entitled to claim damages.
An unforeseeable event is considered to be a case of force majeure.
Refunds:
Following a cancellation, a full or partial refund will be made within 30 days at the latest.
13.Protection of personal data
yakabook processes personal data in accordance with the regulations in force. The Customer is invited to consult the Confidentiality Policy.
14.Disputes
All disputes relating to this contract which cannot be settled amicably shall be submitted to the competent court in Aix en Provence.
15.Communication
Any exchange linked to a booking must be made on the communication media set up at the time of registration.
In the event of a technical problem with these media, you can contact us by e-mail at contact@eden-a.com, stating your reservation number or, failing that, the name of the person who made the reservation, the name of the accommodation and the dates of stay, or failing that (in the event of no response within 24 hours) on the telephone number +33768359436.