Effective date: March 1, 2019
1.3 Any reservation or use made by a Vacationer through a Kazay.net site is governed by the terms and conditions of the Kazay.net site on which the reservation is made (and not necessarily those of the Kazay.net site on which the Vacation Rental was initially referenced). In case of any contradictions between the terms and conditions of the Ardenoy Consulting website on which you found the Vacation Rental and the terms and conditions of the Kazay.net website on which you made the reservation, the terms and conditions of the Kazay.net website on which you made the reservation will prevail. If you do not fully agree with the Terms and Conditions of Use Vacationers, you are not allowed to consult or use the Site.
1.4 Only persons with the legal capacity to enter into legally binding contracts are authorized by Kazay.net to register on the Site. Accordingly, the Services offered by the Site may only be used by persons 18 years of age or older.
2. General Information
2.1 This Site is a platform for Vacationers to view vacation rental listings (“Vacation Rentals“) offered by others, including property owners, tenants or managers (hereinafter referred to, when taken respectively, as the “Owner” and, when taken collectively with a Vacationer, as the “Users“), or to obtain information about such Vacation Rentals. We may also offer other tools or services that allow Users to communicate and enter into rental agreements or other transactions with each other.
2.2 The Site is defined solely as a space allowing Users to exchange with each other. Rental contracts are concluded between the Renter and the Owner exclusively. Kazay.net is not and will not become a party to the contractual relationship between the Renter and the Owner. In addition, Kazay.net can in no way act as mediator between the Vacationer and the Owner in case of any dispute between them. You acknowledge and agree that the Vacationer and the Owner are responsible for fulfilling their obligations under such contracts, that Kazay.net is not a party to such contracts between the Owner and the Vacationer, does not act as an agent of the Owners and disclaims any liability arising from or related to such contracts. This will apply even if the Site facilitates the booking of a Vacation Rental or the use of other tools, services or products since Kazay.net is not a party to any rental or other contract between a Vacationer and Owner and the Owners are in no way service providers of Kazay.net. Kazay.net is not an organizer or retailer of package tours as defined by the Directive (EU) 2015/2302 on package travel.
2.3 The Owners can be either individual owners , acting on a consumer-to-consumer basis, or property managers acting on a professional-to-consumer basis. If you enter into a rental agreement with an individual landlord, please be aware that consumer law will not apply to your rental agreement with the Owners. The Owner is solely responsible for determining whether or not he or she is engaged in a professional activity, as well as any representations he or she may make to Vacationers regarding his or her status.
2.4 Vacationers agree that they are responsible for and agree to comply with all laws, rules and regulations applicable to their use of the Site and any tools, products or services offered on the Site, as well as any transactions they conduct on the Site or associated with their use of the Site. Vacationers are informed that Owners are responsible for complying with all laws, rules and regulations applicable to their listing, their Vacation Rentals and the conduct of their rental activities, and they agree to comply with them. Please note that although Kazay.net is not a party to any rental transaction and disclaims any responsibility for compliance with any laws or regulations applicable to any Vacation Rental listed on the Site, there may be circumstances in which Kazay.net may be required to provide information regarding any Listing in order to comply with requests from governmental or regulatory agencies in the context of any investigation, litigation or administrative proceedings.
2.5 Service fees are charged by Kazay.net to the Vacationer who books a Vacation Rental online on the Site (hereinafter the “Service Fees”). The Service Fee covers the use of the Site and features such as 24/7 support, if any. The Service Fee is a percentage of the total rental amount (which total amount may include additional fees and a security deposit, charged by the Owner). The Holidaymaker acknowledges and expressly accepts that the right of withdrawal is excluded in accordance with article L.221-28, 12° of the French Consumer Code. Depending on the law applicable in the country of residence of the Vacationer and/or the Owner, VAT, tourist tax (as defined in paragraph 2.8) or any other equivalent applicable indirect taxes may be added to (or included in) the Service Fee. The Owner agrees not to encourage or advise the Vacationer to circumvent or avoid payment of the Service Fees charged by Kazay.net, and the Vacationer agrees not to circumvent or avoid payment of the Service Fees.
2.6 Kazay.net may be required to collect and remit taxes (including VAT, consumption taxes and other equivalent taxes) on the Service Fees. If applicable, Kazay.net will send the Vacationer an invoice indicating the amount of taxes charged on these Service Fees. If the Vacationer is entitled to an exemption from any indirect taxes, or their equivalent, on the Service Fee, it must provide Kazay.net with proof of such exemption.
2.7 If the Vacationer is a business traveler subject to VAT or an employee of a company that will reimburse the invoiced VAT, he must provide Kazay.net with a valid VAT number and its associated billing address so that Kazay.net applies a mechanism of auto-liquidation (“reverse charge”) of VAT, if applicable, regarding the Service Fees. If the Vacationer has a billing address in France, the reverse charge procedure will not be applicable and French VAT will apply.
2.8 Collection and Remittance of the Resort Tax (as defined below)… Laws vary from jurisdiction to jurisdiction, but such taxes may be collected and remitted based on a percentage of the rental amount set by the Owner, a fixed daily amount, an amount based on the number of people in the group occupying the Vacation Rental, or some variation of these amounts, and these taxes are sometimes referred to as the “transient tax”, “hotel tax”, “accommodation tax”, “municipal tax”, “lodging tax” or “tourism tax” (hereinafter the “Tourist Tax”). In some jurisdictions, such as France, only travelers 18 years of age and older are responsible for paying the “Taxe de séjour”. Other exceptions to the payment of the local tourist tax may apply (for example, in France, for holders of a seasonal employment contract employed in the municipality, persons benefiting from emergency accommodation or temporary rehousing, or persons occupying premises where the rent is less than an amount determined by the local municipal council), in which case the Vacationer may request a refund from the local authority in charge of collecting the local tourist tax. In some jurisdictions, when the law and/or regulations allow it, Kazay.net can directly collect and remit the tourist tax on behalf of the Owners. In this case, Owners will not have to take any action to collect this Tax from the Guests or to remit it to the local municipality. In jurisdictions where such a collection procedure will be implemented, the Owner hereby mandates and authorizes Kazay.net to collect on its behalf the tourist tax from the Guests and to make the necessary declarations to the local municipality, including the payment of said tax. In accordance with Article L2333-33 of the General Code of Local Authorities, this collection of the Tourist Tax by Kazay.net will be gradually extended to all reservations of Vacation Rentals located in all French municipalities that have established the collection and payment of a Tourist Tax.
2.9 The Site consists of Vacation Rental Ads provided by Owners and content provided by other parties. These contents are the responsibility of the Owner or the third party who created the contents. We cannot be held responsible for such content as our service is solely to provide you with access to such content and our role is simply to provide you with the means to communicate directly with the Owner to obtain information about a Vacation Rental and to book it directly with the Owner. Any reservations you make are made by you directly with the Owner, and your rental agreement will be solely between you and the Owner. This contract will govern your right to occupy and use the Vacation Rental and may contain obligations to pay additional fees and taxes. Kazay.net will not be a party to the rental agreement and Kazay.net has no responsibility to you for the provision of the rental by the Owner. We do not endorse, support or guarantee in any way the authenticity, accuracy or reliability of the information contained in the Ads on the Site, nor the various contents or opinions posted by third parties. In addition to the provisions of Article 10 below and in accordance with its status as host, Kazay.net will remove content or make access impossible if it becomes aware of its illegal nature, including if this illegal nature is notified.
3. Vacation rental ads and interaction with an Owner
3.1 Vacationers are informed that Owners are fully responsible for all information, including all images and text and other content, relating to the Vacation Rentals they offer (the “Listings”), as well as for updating them and verifying (where applicable) that they are correctly translated.
3.3 The Vacationer will receive a confirmation from Kazay.net once the Information Request is sent to the Owner.
3.4 The Owner can then communicate directly with the Vacationer regarding his or her Information Request, and the Vacationer and the Owner can also communicate with each other via the Site (and via other tools on the Kazay.net platform).
3.5 The online booking service, if authorized by the Owner, allows the Holidaymaker to make their booking online, which booking must be accepted or declined by the Owner within 24 hours. For online payments, the Holidaymaker whose booking has been confirmed by the Owner can pay for their booking through the credit card payment gateway via the third party payment provider and/or Ardenoy Consulting Payments. The online payment service is subject to the terms and conditions of the third party payment provider, or in the case of Ardenoy Consulting Payments, to the terms of the Resort Fee Collection Agreement, and the Vacationer acknowledges and agrees that (except for the obligations of Ardenoy Consulting Payments under the Resort Fee Collection Agreement) Kazay.net has no control over the service and is not responsible for it.
3.6 Communications between Vacationers and Owners through the Kazay.net platform must not include any email address or telephone number. Please note that any communication on the Site (or via the Kazay.net platform) is accessible to employees and representatives of Kazay.net, in order to meet its obligations as a host.
3.7 Kazay.net may also use third-party email servers from time to time to enable it to send Request for Information emails, determine if they have been received and analyze the use of the Request for Information feature provided by these third-party tracking systems. Our system does not retain messages indefinitely, but for a period of 3 years and therefore these messages may no longer be accessible after they are delivered to you.
Please print a copy of any messages that are important to you (e.g. payment receipts and reservation confirmations) for your records.
3.8 Only the Owner and the Vacationer are responsible for the content of their communications.
4. Positioning and display in Search Results
Kazay.net cannot guarantee that an Ad will appear in a specific order in the search results on the Site. The search order will automatically vary depending on the search filters used by the Vacationers, the Vacationer’s preferences, as well as the default property ranking which could be determined by the property’s characteristics, the quality of the experience, the service fees paid by the Vacationer. Property features are evaluated based on several criteria, such as Vacationer feedback, amenities offered, and the property’s location. Quality of experience is based on several criteria such as the accuracy of the listing schedule, the timeliness of the Owner’s response, the acceptance rate of bookings, the ability to book and pay online, the consistency of pricing, and the quality of the experience of the stay. The service fee paid by the Vacationer for bookings is also a factor in positioning the property relative to properties with similar offerings, based on the suitability criteria described above.
If the Owner has chosen the Subscription Listing option, the search results may also vary depending on the search criteria used by a particular Vacationer. Kazay.net reserves the right to automatically employ different search algorithms or use different methods to optimize the default ranking results and maximize the satisfaction of Vacationers and Internet users in general. We make no guarantee that Ads distributed on third party sites will appear or that they will appear in any particular ranking. Search results and their ranking could be displayed in a different order on the Kazay.net mobile application and on its Website. In order to optimize the search experience for both Owners and Renters and to improve the default ranking, Kazay.net reserves the right to conduct occasional tests that will be of limited duration but may change the way Ads are displayed as well as the search results.
5. Registration and Account Creation
5.1 If the Holidaymaker wishes to use the other services offered on the Site, excluding Information Requests, he/she must register with the Site. Such registration is reserved for persons entitled to conclude a contract. At the end of this registration process, a user account for the Site (an “Account”) will be created.
5.2 To obtain an Account, the Vacationer must follow the instructions of Kazay.net during the registration process. You can open an Account using a personal email address, or by entering your Facebook login information by clicking on the Facebook login button on the registration screen.
5.3 The Vacationer’s Account includes information that is publicly accessible to other Users of the Site, and that could also be seen by Internet users who are not registered on the Site, for example this information could be displayed in the search results of a search engine such as Google. An Account includes, but is not limited to:
5.4 Tax regulations may require us to collect tax information from Vacationers. It is the Vacationer’s responsibility to verify that all information provided to us is accurate, complete and current.
6. Rights and obligations of Kazay.net
6.1 Kazay.net will make every effort to ensure that any photographs provided by the Owner are displayed on the Site in a manner as faithful as possible to the original. The Renter acknowledges however that the photos, as displayed in the Advertisements, may differ slightly from the original images when scanning non-digital images, or due to differences in the settings of the screens used to view them, and that Kazay.net disclaims any responsibility for such differences.
6.2 Furthermore, you acknowledge that the Owner and not Kazay.net is responsible for the accuracy with which the images and descriptions provided represent the Vacation Rental in question.
6.3 It is difficult to identify a User on the Internet, and Kazay.net cannot assume and declines all responsibility for verifying the alleged identity of each user. Kazay.net recommends that Renters and Owners exchange directly using the tools available on the Site, even if this does not allow to verify the identity of the persons with whom they exchange. Kazay.net also recommends that Vacationers take all other reasonable measures to verify the identity of all Owners and to verify the information published on the Site by any Owner regarding a Vacation Rental, as well as the details of a confirmed or proposed reservation. Vacationer agrees to (i) protect the confidentiality of his or her login information for the Site (user ID and password) and email account (user ID and password) and not to disclose such information to any unauthorized third party, (ii) properly instruct any person to whom Vacationer entrusts his or her user ID and password not to disclose such information to any unauthorized third party, (iii) to immediately contact us and select a new login and password online if the Vacationer believes that an unauthorized third party has learned the password of his account or email account with Kazay. net, and (iv) to immediately inform Kazay.net if the Vacationer is contacted by any third party requesting to communicate its login and password. In addition, if Kazay.net suspects that an unauthorized third party has access to the account of the Vacant, the Vacant agrees, upon request of Kazay.net, to change without delay his login and password and to take all other measures required by Kazay.net in this regard. Kazay.net strongly discourages the Vacant from communicating to anyone his login and password concerning his account or his personal email. However, if the Vacant communicates his login and password or fails to protect this information in a secure manner, the Vacant will be responsible for any transaction made by a third party using his login and password, his account or his personal messaging, even if this transaction is fraudulent and / or if the Vacant did not seek to make it or that it is executed, and Kazay.net can in no way be held liable to you in such an event;
6.4 The Vacationer acknowledges that Kazay.net is not responsible for verifying the identity or actions of Owners, nor for establishing the nature, condition or existence of a Vacation Rental.
7. Intellectual Property
7.1 All content appearing on the Site is protected by copyright and database rights. Any partial or total reproduction of the Site, including any copy of texts, visual elements or designs, is prohibited.
7.2 Vacationers are entitled to download, display and print certain pages of the Site to justify their contract with Kazay.net and to keep a copy of their reservations. The mention “© 2019 Ardenoy Consulting – all rights reserved” must clearly appear in the file in question or on the printout concerned.
7.3 When posting or transmitting content of any kind, including text and images, through the Site (or the Ardenoy Consulting platform or systems), the Vacationer represents that he/she owns the necessary rights.
7.4 If trademarks or other proprietary names and marks appear in Vacationer’s Reviews or other content published by Vacationer, Vacationer represents that it has the necessary rights.
7.5 By publishing Content (as defined below) on the Site, the Vacationer grants Ardenoy Consulting and each of its subsidiaries and affiliates, for the duration of the legal protection of the rights pertaining to the Content, and as it is published on the Site, the rights to the Content, the nature of which is defined below, with a view to proceeding with the Exploits as defined below.
i) “Content” means the text, descriptions, opinions, photographs, images and other content that Vacationer posts on the Site.
ii) The nature of the rights granted consists of a non-exclusive, free, transferable and irrevocable authorization for the duration of the publication of the Content on the Site, to publish, reproduce, translate, communicate to the public or make available to the public the Content throughout the world.
iii) “Permitted uses” means the publication and use of the Content on the Site and all websites of Ardenoy Consulting and its affiliates.
8. Account, Communications and Vacationer Appreciation
8.1 Vacationers are required to provide accurate information regarding their personal identity, including their country of residence, within their Account, on their user profile and in any other communication made on the Site, including in their Vacation Rental Reviews.
8.2 Messages sent through Kazay.net’s systems should only be for genuine Requests for Information. We do not tolerate spam or unsolicited commercial electronic communications of any kind. It is forbidden to abuse Kazay.net systems, such as by sending unsolicited commercial communications (spam), and to disclose personal data of users to third parties without the express permission of the user concerned. The sending of emails and recommendations from the Site via the “Recommend this Site” function should only be done with the consent of the recipient.
8.3 A Vacationer who has booked on the Site may post on the Site his or her own reviews of an Owner’s Vacation Rental (the “Vacationer Reviews”), and the Owner may view and respond to the Vacationer Reviews (the “Owner Response”). The Owner also has the ability to post his or her review of the Vacationer’s stay (the “Owner’s Reviews”) and these Owner’s Reviews may be viewed by any Owner with whom the Vacationer comes in contact. Under Article 6.I.2 of Law No. 2004-575 of June 21, 2004 for confidence in the digital economy (LCEN), Kazay.net, as a host, shall remove any illegal content that would be effectively brought to its attention. In addition, Kazay.net may refuse to publish content, or remove it, if it does not comply with the Recommendations relating to content, which it will inform the user.
Finally, the Vacationer may publish a Vacationer’s Response within 14 (fourteen) days from the date of submission of the Owner’s Appraisal. Subject to its obligations as a host as provided by Article 6 of the LCEN (removal of content notified as illegal for example), Kazay.net expressly disclaims any responsibility for the Reviews of the Vacationer and the Owner. The Vacationer acknowledges and agrees that Kazay.net may allow any other Owner with whom the Vacationer is in contact via the Site to consult the Owner’s Reviews about you.
8.4 Please note that Kazay.net does not verify the accuracy or truthfulness of the Vacationer Reviews, the Owner Responses and the Owner Reviews and does not have the capacity to do so.
8.5 However, Kazay.net requires that all Vacationer Reviews, Owner Responses, Owner Ratings, and other communications sent through the Kazay.net system comply with the Content Guidelines, and may refuse to publish or remove them if it believes that they do not comply. Kazay.net will inform the user, by e-mail or other equivalent individual means of communication, of the reasons for the refusal to publish or the removal of the assessment. The user may make comments to Kazay.net if necessary. Kazay.net will not edit or modify the Reviews on behalf of a Renter or Owner. Vacationers and Owners may contact Customer Service to remove the Review they have posted. The Vacationer agrees to comply with all export and embargo laws. In addition, the Vacationer declares that he/she is not on any U.S. government list of prohibited parties in the U.S. and that he/she is of legal age to contract with Kazay.net.
8.6 Kazay.net does not generally conduct any identity verification. If the Vacationer suspects that an Owner has provided fraudulent information, he/she is invited to notify Kazay.net by contacting Customer Service.
Vacationer is not permitted to, directly or indirectly:
10. Right to delete content
Vacationers are responsible for ensuring that their communications and content posted on or in connection with the Site, including Vacationer Reviews and exchanges with Owners, do not violate any law or the rights of any person or entity and do not contain any false information, insults, defamation, libel or slander or data that violates any copyright, data protection legislation or our Content Guidelines. Kazay.net has the right to verify any data posted on the Site or on the platform or systems of Kazay.net, and to delete or modify them when such data is no longer accurate or up to date. Without prejudice to all other available remedies, Kazay.net will be entitled to immediately remove any communication or content posted on the Site in violation of these requirements, as well as to suspend or prevent the use of any associated Account without prejudice to the obligations of Kazay.net related to its status as a host as enshrined in Article 6.I.2 of the LCEN. The user will be informed by email or other equivalent means of individual communication of the reasons for these measures and may make its observations to Kazay.net if necessary.
11. Notifications and complaints of copyright infringement
11.1 If you wish to file a complaint or send us any other message, contact Customer Service or send us a letter addressed to Kazay.net, b32 Bourguignon, Bazin, 97139 Les Abymes, France.
11.2 Ardenoy Consulting.com, Inc. is concerned about respecting the intellectual property rights of others and expects owners to do the same. Kazay.net has and enforces a policy prohibiting users from posting Content that would infringe the copyright of others. Where appropriate, Kazay.net will delete the account of owners who have repeatedly infringed the rights mentioned above. Repeated posting of illegal Content may lead to account termination.
To report suspected copyright infringement on or through the Site, you may send an alert to email@example.com stating:
(i) Identification of the copyrighted work claimed to have been infringed, including copies of the original work or a hyperlink to it; and
(ii) Identifying the Content that is infringing or the subject of the alleged infringement by providing sufficient information to enable us to locate the infringing Content; and
(i) Have the exclusive right to use the content in question; and
(ii) That you have not authorized the use in this form of the content in question.
12. Kazay.net’s responsibility
12.1 The Site is simply a place to view Vacation Rentals listed on the Site, to communicate with Owners to submit any requests for information or questions, and to make a reservation with an Owner to rent their Vacation Rental. We are not responsible for any contract you enter into with an Owner and any Vacation Rentals you book, except for any obligation to collect tax information and/or tourist tax on behalf of the Owner, and we are not responsible for the acts or omissions of any Owner or other person(s) or party(ies) in connection with a Vacation Rental. For all Vacation Rentals, your contract will be with the Owner, and their terms and conditions will apply to your reservations. These terms and conditions may limit and/or exclude the Owner’s liability to you, and for this reason you are advised to read them carefully before making your reservation.
12.2 We do not provide liability protection to Owners, Property Managers and Vacationers, even if a User has purchased insurance from one of our third party providers. It is recommended that all Vacationers obtain appropriate travel insurance to cover their reservation of a Vacation Rental with an Owner, especially in the event of cancellation of their reservation. It is the responsibility of the Vacationer to ensure that the insurance they purchase is adequate and specifically tailored to their needs.
12.3 Kazay.net will be responsible to the extent that it fails to fulfill its duties as a host, such as the duty to remove or make impossible access to illegal content of which it has knowledge, for example if it has been reported to it. Kazay.net is responsible for damages that the Vacant could suffer and that would result in a foreseeable way from a breach of these Terms by Kazay.net. Kazay.net is not responsible for unforeseeable damages. A damage is foreseeable if, at the time of the conclusion of these Conditions, it is obvious that it will occur or if the Vacant and Kazay.net knew or could have known that it would occur, for example if the Vacant had expressly reported it in writing to Kazay.net. The responsibility of Kazay.net can only be sought after sending a formal notice remained unsuccessful, and will be excluded in cases of force majeure.
13.1 These Terms and Conditions are governed by and construed in accordance with English law and subject to the non-exclusive jurisdiction of the English courts, without prejudice to the applicable law and the jurisdiction of the courts of the place of residence of the Vacationers. By way of illustration, the mandatory provisions of French law shall apply and the French courts shall have jurisdiction for Vacationers residing in France.
13.6 If you reside in France, you agree to the following:
In case of dispute between You and Kazay.net, You have the possibility to resort to a conventional mediation procedure or any other alternative dispute resolution method as defined by law, and in particular by Article 1528 of the French Code of Civil Procedure. The consumer mediator on which Kazay.net depends is the service of the e-commerce mediator of the Fédération des Entreprises de Vente à Distance (FEVAD) (http://www.fevad.com/mediation). After having contacted Kazay.net in writing, and in the absence of a satisfactory response from Kazay.net within 60 days, You can submit Your dispute to the mediator according to the conditions stated on the website of the mediator. You can contact the mediator at the following address
The E-Commerce Mediation Service
60 rue La Boétie – 75008 Paris
Alternatively, You can also submit Your disputes with Kazay.net to the European Commission’s Online Dispute Resolution platform accessible at http://ec.europa.eu/odr.