General Terms and Conditions of Sale and Use for Advertisers
The website www.corsica-realties.com (hereinafter the "Site") is published by SAS MHG Group, with a capital of € 5,000, with registered office at 128 Rue de la Boétie, 75008 PARIS, and registered at RCS Paris, No. 848 540 977 00016.
Its VAT number is FR48848540977. (hereinafter the "Publisher")
Contact: +33 786 202 815
Capitalized terms are defined as follows:
Announcement: means the presentation of the real estate rented and the conditions of the lease. The Announcement is written and put online by the Publisher based on information provided by the Advertiser through forms made available to him.
Announcer: means the owner of the property to rent, or the real estate agency with a mandate to rent, and who uses the Services offered to offer the rental of his property online.
Good: refers to the property offered for rent by the Advertiser.
CG Advertisers: means these terms and conditions of use and sale of the Site applicable to Advertisers.
Tenant: means the user of the Site who rents a property.
Part (s): refers indifferently to the Publisher and the Advertiser who has accepted the present GTC Advertisers.
Service (s): refers to the services offered by the Site, including the link between Lessor and Tenant.
Site: means the website www.corsica-realties.com.
Partner sites: means the websites with which the Publisher has a partnership allowing the Advertiser to publish its Announcement on these Partner Sites.
User: means any person using the Site.
The Site allows Advertisers to offer for rent real estate that they own or for which they have a mandate from the owner to offer the Property to rent. Renters may book the Property on the Site and pay the rental amount.
These CG Advertisers are to accept before using the Services. Any creation of an account for the purpose of offering a Rental Property entails full acceptance of these GTC. No clause may be opposed to the Publisher outside these GTC Advertisers if it has not been expressly accepted by the Publisher.
Any changes hereof will be submitted to the Advertiser. In case of refusal of the new Advertiser GTC, the Advertiser will no longer be able to use the Site after a notice of three months which starts on the day of entry into effect of the new Advertiser GTC.
1. Services offered by the Site
The Site allows Advertisers to access an online account.
Forms are available to create an ad. These forms then allow the Publisher to publish the Announcement on the Site.
If the option is taken by the Advertisers, they can be accompanied in the writing of this announcement by the Editor.
The rental can then be done directly by the Tenant online. It is up to the Advertiser to specify the availability of the property on the Site.
The Advertiser is informed that supporting documents may be requested to justify that he owns the Property or that he has a mandate to offer the Property (s) to rent. In the event of absence of these supporting documents, all Advertiser Announcements will be removed from the Site.
The Advertiser may choose the Partner Sites on which he wishes to publish his Announcement. It is the Advertiser's responsibility to accept the terms and conditions of these Sites, as the case may be. Rentals may be made directly on these Sites. The Advertiser must keep the property's availability calendar up-to-date to prevent the property from being rented several times for equivalent dates.
1. Independence of the Parties
The Parties are independent. Advertisers are bound to the Publisher only by these GTC Advertisers. In no case the Publisher is party to the lease concluded between the Advertiser and the Tenant if any.
It is therefore up to the Advertiser to respect the laws of the country in which his property is located, the possible taxes, ...
The Publisher allows the linking of Advertisers and Tenants through the Site. But he is neither agent, nor commercial agent or real estate agent nor any other qualification. The status of the Publisher does not fall under the Hoguet law.
It is up to the Advertiser to subscribe the insurance adapted to the rental of the property.
1. Use of Services
To use the Services, the Advertiser must be at least 18 years old if it is a natural person and able to contract. If the person who registers is a legal person, the person who represents it guarantees that he / she has the power to accept the present Advertiser GSC on behalf of the legal person it represents.
The Advertiser must have the right to rent the property, seasonal or not. It is therefore up to the Advertiser to check the law applicable to his country, region, municipality, in terms of rental property and to have made prior declarations if necessary.
The Advertiser is informed that the rental of real estate is an activity regulated by law. It is therefore up to him to find out about the regulations governing the rental he wants to set up (seasonal or not, long-term or short-term, rental of his principal or secondary residence, furnished or unfurnished ...).
In particular, the Advertiser must inquire in order to know if he has the right to rent his property, if he has all the rights for the rental of the property, if the property is not already rented, ask authorizations to the owner of the property in the case of subletting, verify that it is not his responsibility to make a change of use of the leased property within the meaning of Article L631-7 of the Town Planning Code, this change of use that may be subject to an authorization issued by the mayor of the municipality where the property is leased.
The price of the rental can be framed for certain situations, especially in the case of subletting, but also in the case of renting a property located in some municipalities.
If the Advertiser is a professional, it is up to him to be in compliance and to respect his legal status. It must in particular benefit from a mandate of the owner before proposing an Announcement.
THE PUBLISHER IS IN NO EVENT RESPONSIBLE FOR BREACH BY THE LESSOR OF THE TEXTS (LAWS, REGULATIONS, DECREES) THAT COVER RENTAL AND SUBLOCATION. THE ADVERTISER GUARANTEES THE PUBLISHER AGAINST ANY THIRD PARTY'S REMEDIES BASED ON THE BREACH BY THE ADVERTISER OF THE TEXTS APPLICABLE TO IT.
To use the Services, the Advertiser must register on the Site by completing the fields provided for this purpose. Required fields must be completed sincerely. The Publisher can not guarantee the proper execution of the Services if the fields filled by the User are not fully filled or are incorrect.
Once the Registration has been completed, the User can reconnect with his Login and a password that he has previously chosen. This information is confidential and should not be communicated. In the event that the User is aware that this information has been stolen by a third party, the User agrees to inform the Publisher without delay and to change his password. In addition, the User disconnects at the end of each session.
Each User can only hold one account. It is forbidden to use a false identity or the identity of another person. If such a case should be discovered, the User is informed that his account will be closed by the Publisher without notice or compensation, and that any legal recourse against him may be engaged. The Publisher reserves the right to verify the identity of an Advertiser and to provide proof of the agreement of the Owner if the Advertiser has a mandate. If the Advertiser does not transmit the said proofs, the account of this one will be closed and its Announcements already published removed from the Site.
It is forbidden to attempt to access the Site using robots, spiders, crawlers, scrapers or other automatic means or processes or to retrieve data or other content on the Site by these same means.
1. Ad regarding a furnished apartment
The Advertiser is informed that any rental offer for a furnished accommodation must have previously been declared to the mayor of the municipality where the property is located, except in the case where the property is the main residence of the renter.
In municipalities where the change of use of premises intended for housing is subject to prior authorization within the meaning of Articles L. 631-7 and L. 631-9 of the Code of Construction and Housing a deliberation of the council municipal may decide to submit to a prior declaration subject to registration with the municipality any lease for short periods of a furnished room in favor of a passing client who does not elect domicile.
When it is implemented, this declaration subject to registration is substituted for the declaration mentioned in the first paragraph of this article.
If the property is affected by one of these obligations, the Advertiser must send the Publisher, in accordance with Article L.324-2-1 of the Tourism Code, a declaration of honor certifying the respect of these obligations, indicating also whether or not the dwelling constitutes his principal residence within the meaning of Article 2 of Law No 89-462 of 6 July 1989, and, where applicable, the declaration number of the dwelling, obtained pursuant to Article L. 324-1-1 II of the Tourism Code.
The Ad for a furnished apartment must at least contain the indication of the asking price and a description of the premises. The Ad must contain the statement number.
The Advertiser is solely responsible for the various obligations of this article. If the Publisher learns that they have not been respected, the Announcement of the Property (s) concerned will be (are) immediately removed from the Site and the Publisher may turn against the Advertiser.
1. Limited duration of rental of a furnished apartment
The Advertiser is informed that the Property proposed for renting or subletting must not be rented more than one hundred and twenty (120) days per year through the Site when the accommodation is the main residence of the lessor. meaning of Article 2 of Law No 89-462 of 6 July 1989.
Beyond one hundred and twenty (120) rental days, the Property may no longer be the subject of a rental offer through the Site until the end of the current year. If the Advertiser wants to continue the rental for a longer period, it is up to him to make a change of use request. The Rental will be authorized again on the Site if the Owner provides proof of this change of use.
1. Income from renting a Furnished Property
It is up to the renter to proceed with his declaration of income and to pay the charges due.
The Advertiser will find below all the information concerning this point which he undertakes to respect:
1. Rental Listing
The rental announcement is created by the Publisher from the elements sent by the Advertiser via an online form. A description of the property and one or more photos are essential elements. The Advertiser is informed that the more accurate the ad, the more likely the rental is to succeed.
The Advertiser warrants that it holds all rights in the transmitted photos and that these photos do not infringe any rights of third parties. Photos should not be misleading and no physical person should appear there. The Advertiser warrants the Publisher against any recourse by a third party against any of the elements it has transmitted to the Publisher. The Advertiser is solely responsible for the content of the advertisement and its veracity. The Advertiser agrees to give real information about the condition of the property. It is not up to the Publisher to check the condition of the property leased or to check if the Advertiser complies with the law by putting his property to rent.
Nevertheless, in the event of a complaint or of any information brought to the attention of the Publisher about the possible illegality of an Announcement or complaint from a Tenant, the Publisher reserves the right to withdraw the Announcement and to close the advertiser's account without notice or payment of compensation or damages.
The Advertiser undertakes not to disseminate in the context of the announcement information that is malicious, disparaging, willfully misleading, illegal and / or contrary to morality, violating the rights of third parties, discriminating, or containing advertising or link to a third party site.
Prior to the electronic validation of the Announcement by the User, the latter undertakes to declare on honor the respect of the articles L.324-1-1 of the Code of Tourism (obligations of declaration with the city hall of the municipality where is located the Property rented in case of secondary residence) and Article L.631-7 of the Code of construction and housing (change of use in case of repeated rental for short periods) .
It is expressly agreed between the Parties that prior to the posting of the Announcement, the Advertiser will have to make his personal case of all the formalities of protection and insurance of his Property leased from the competent administrations and will accordingly for each Announcement, declare on the honor that it respects these obligations in accordance with the provisions of article L324-2-1 of the Code of Tourism.
In no event may the Advertiser replace the content of an Announcement with another Announcement.
The Ad can only be for one Good.
Once the form is completed, the Ad is put online by the Publisher of the Site.
License for the Announcement:
The Lessor grants to the Publisher a non-exclusive and free license, throughout the duration of the contractual relationship, on all items that he has sent to the Publisher and which make it possible to compose the Rental Announcement of the Property.
This license includes the rights of reproduction, representation and communication to the public for any website and in any country, by any known or future electronic communication network, during the subscription period to the Services. The Advertiser authorizes the Publisher to modify the elements transmitted for technical constraints or when they violate a legal rule or a rule of the present GTC Advertisers.
1. Referencing the Ad
The Publisher can not guarantee that the Ad will appear in the first advertisements displayed when searching for a User. The display order depends on the filters used and the expectations of the Tenant regarding the location, the dates of arrival and departure, the number of tenants, the maximum occupancy, the number of rooms, the number of rooms bath, the name of the property, type of property, average price per night, equipment available, by collection, by promotion.
1. Acceptance of the rental offer
The Publisher is not a real estate agent within the meaning of the Hoguet Law (Law No. 70-9 of January 2, 1970 and Decree No. 72-678 of July 20, 1972) and can not commit itself to the quality Property rented by the Advertisers, or the financial capacity or other characteristic of the Tenant. The Publisher does not act in any way in the choice of the Tenant and the lease will only bind the Tenant and the Advertiser.
The Rental is requested directly on the Site, by the User account of the Tenant. The Tenant selects the Property he wishes to rent, the rental dates. The online payment by the Tenant results in the automatic reservation of the Property, unless the Advertiser has deactivated the "instant booking" option. In case of any problem due to the payment of the rent, the reservation will be automatically canceled.
A rental can not be unduly refused. The Advertiser guarantees that it does not discriminate in the choice of Tenants (sex, nationality, religion, ...). Should such an act be reported to the Publisher, the Publisher reserves the right to terminate the Advertiser's account.
The Publisher can not guarantee the identity of the Users. It is up to the Advertiser to verify that the identity indicated by the Tenant is accurate.
At the end of the Rental, the Tenant may leave a notice that may be published. The Advertiser will have an opportunity to respond to his opinions.
1. Editor's Responsibility
The Publisher undertakes to implement all means necessary for the Site to be online permanently but can not commit to an availability rate. In particular, the Publisher can not guarantee the permanence of the Internet network. The Site may also be unavailable for maintenance reasons.
The Publisher can not be held liable in the event that the Property remains vacant. It does not guarantee any result or benefit in the use that will be made of the Services offered through the Site.
The Publisher acts only as the host of the advertisement and in no case as the publisher of it. The Advertiser is solely responsible for the elements of the ad. The responsibility of the Publisher can not be engaged if the advertisement is false or violates the rights of third parties.
Prohibited content, infringing the rights of third parties, or the right of intellectual property will be removed by the Publisher once a notification indicating the illegal content of the announcement made. Any denunciation of illegal content may be made to the Publisher at the email address: firstname.lastname@example.org
The Site makes it possible to indicate the dates of availability of the Good. The Publisher can not be held liable if the Advertiser does not correctly enter the dates on which the property is available. The User then takes the risk of having his liability incurred if the property is rented on dates on which the Property is in fact not available.
The Publisher is not a real estate agency within the meaning of the Hoguet law and in no case does any mediation between the Tenant and the Advertiser. The Publisher can not be held liable in the event that the rental would go wrong, the Publisher exercising no control over the Tenants or the owners of the property.
The Publisher is not responsible for the links on the Site and to other websites that do not belong to him and which are not controlled by him, since he has no control over the content, personal data protection charters or the practices of sites published by third parties.
The list of Partner Sites is scalable. The responsibility of the Publisher can in no way be sought or engaged in the event that partnerships cease.
The Publisher is not responsible if the photos do not appear on the site with a quality equivalent to that of the original photos.
In all cases where the responsibility of the Publisher is engaged, the amount of damages that it would have to pay can not exceed the amount of the amounts billed to the Advertiser if the latter is a professional.
In general, the Editor's liability can only be incurred for direct and foreseeable damages. In no event shall it be held liable for any indirect damage or for any damage caused by the Advertiser, a third party or a force majeure event.
1. Responsibility of the Advertiser
The Publisher does not manage the rental, and the Advertiser is solely responsible for the availability of his property for rent and any problems that arise between himself and his Tenant.
The Advertiser must ensure that he can actually offer the Property for renting and that this rental does not contravene any text, law, co-ownership, previous commitment made with third parties, ...
The Advertiser is solely responsible for the Ad, the elements of it, including the price of the Rental, and to ensure that it does not violate the rights of third parties or intellectual property rights. The Advertiser agrees to make corrections as soon as information concerning him or an Ad is no longer up to date.
The Advertiser is solely responsible for compliance with the legislation on the rental of real estate. It is his responsibility to ensure that the proposed lease is made in accordance with the laws, regulations or other legal text.
The Advertiser is responsible towards the Tenants, of the coherence between the hiring proposed in the Announcement and the reality.
It is up to the Advertiser to take the necessary insurance for the rentals and the security measures of the property. In case of damage to the property, the responsibility of the Publisher can not be sought.
The Advertiser is solely responsible for all legal or other obligations that apply to the rental of a Property, the establishment of the lease contract, the collection of personal data, ... and compliance with these GTC Advertisers.
Finally the Advertiser will be held responsible for any damage he may have caused to the Site.
1. Prices and methods of payment
When a Rental is accepted directly on the Site, the Publisher charges the Lessor an equivalent amount between 9% and 12% of the rental price. The applicable VAT rate will be added to the Commission.
Invoices will be made available on the Advertiser's account. The price varies depending on the options chosen by the Advertiser, including the number of publications on the Partner Sites. These different rates are specified on the Site.
The commission is automatically deducted from the selling price.
The amount returned to the Advertiser, the rental price of which is removed the amount of the commission.
15.1 Conditions of cancellation of a rental
The advertiser has a space dedicated to updating his calendar, called "owner space"; he is obliged to keep his calendar up to date through this space.
Any request for cancellation of a confirmed reservation will be charged to the Advertiser of a minimum amount of 250 € or 10% of the amount of the reservation.
The Advertiser is responsible for the taxes to which he is subject or that he must collect. It is up to him to indicate precisely the amount of these taxes which are added to the price of the hiring.
The responsibility of the Publisher can not be engaged if the Advertiser has omitted taxes. The Advertiser is informed that its Ads may be deleted and access closed if all taxes are not indicated.
Regarding the tourist tax, when the Advertiser is a non-professional, the tax will be collected directly by the Site and therefore deducted from the total amount paid by the Tenant, in addition to the commission due by the Advertiser to the Editor. It will be donated to the administration by the Publisher.
The amount of the tourist tax must appear on the billing. It is strictly forbidden for the Advertiser to collect the tourist tax itself when it is collected by the Publisher.
Any request for reimbursement or contestation of the tax can only be made to the administration concerned and in no case to the Editor.
The tourist tax will not be levied by the Publisher when the rental has been paid to a Partner Site.
1. Right of withdrawal
Non-professional Advertisers benefit from the right of withdrawal, unless they expressly renounce it. In the event that they do not give up, the Services will not be able to start until after the withdrawal period of 14 days. In order for the Services to start without delay, the withdrawal period must be waived by ticking the box provided for this purpose.
1. Cancellation conditions of the rental
The cancellation conditions of the rental are put in place by the Advertiser, who must specify very explicitly on the presentation card of the property the possibilities of cancellation and refund.
If the cancellation comes from the Advertiser, the Publisher reserves the right to close the Advertiser's account without notice or compensation in the event of a complaint from the Tenant concerning this cancellation and after allowing the Advertiser to submit his argument.
The termination of the contract between the Advertiser and the Publisher, characterized by the acceptance of the present GTC Advertisers, can be done at any time, by sending an email to email@example.com and subject to a three (3) month notice period.
The termination of the contract may also be carried out in case of fault of one of the Parties, thirty (30) days after the sending of a letter of formal notice remained ineffective.
In the event of a complaint from a Tenant, the Publisher may close the Advertiser's account without payment of compensation after having put the Tenant in a position to respond to the complaint.
The conditions of termination of the contract concluded between the Advertiser and the Tenant are put in place by the Advertiser and accepted by the Tenant. The Publisher does not intervene in this contract.
Once the contract is terminated, the ad or ads are removed from all partner sites on which they were published.
1. Intellectual property
The elements of the Site, apart from Ads, are the property of the Publisher. Users are prohibited from modifying, copying, translating, distributing, publishing, transmitting, distributing, producing, displaying or assigning the rights of any content, database, or any element of the Site.
Users are prohibited from attempting to decompile, decrypt, disassemble, or reverse engineer any software used to provide the Site.
The Site may contain hypertext links to sites published and hosted from third-party servers, and particularly concerning advertising banners, whose control is not provided by the Publisher and over which no control can be exercised.
The Publisher is not responsible for the consequences (technical, legal, or otherwise) related to access to these sites from the Site.
1. Computer and freedom
Personal data collected by the Publisher from the Advertiser is essential for issuing invoices.
The data collected must be: surname, first name, address, telephone, email.
The purposes of the processing are customer care, billing and any processing related to the execution of the contract. This contract is also the legal basis of the treatment.
The Advertiser's data are kept for the duration of the Contract and up to three years from the end of the contractual relationship for a prospecting purpose.
The processed data can be transmitted by the Publisher to the possible subcontractors, to the Tenants and to the justice in the framework of a litigation if necessary. The Advertiser is informed that his information, the number of rentals made on the Site, the amounts collected, ... may be transmitted by the Publisher to the administration, including the tax administration in the context of compliance with its legal obligations .
The Advertiser has the right to access, modify, rectify, port, and delete the personal information collected about him. To exercise this right, the Advertiser may at his option send an email to the address
firstname.lastname@example.org or send an email to: MHG Group, Personal Data, 128 Rue de la Boétie, 75008 PARIS
In case of non-compliance with its obligations by the Publisher, the Advertiser may contact the CNIL.
The Advertiser is himself invited to respect the regulations applicable to personal data when collecting data from Tenants. He undertakes to inform them of the purposes of the treatments and the possibility of exercising their rights.
1. Evidence Agreement
The "click" of the Advertiser made under the acceptance of these terms and conditions of sale are acceptance of the contract.
The computerized records kept in the Publisher's computer systems will be kept under reasonable security conditions and considered as proof of communications and payments between the Parties.
The archiving of rentals and invoices is done on a reliable and durable support that can be produced as evidence and to which the Advertiser has access to his account.
If one or more provisions of these General Conditions are held to be invalid or declared as such pursuant to a law, regulation or following a decision that has become final from a competent jurisdiction, the other provisions of these Conditions will remain in force.
The present GTC Advertisers are governed and interpreted in accordance with French law, without taking into account the principles of conflict of laws.
The parties undertake to make an attempt at conciliation before any recourse to the judge.
If the Advertiser is a consumer or a non-professional: In the event of litigation likely to occur during the interpretation and / or the execution of the present ones or in relation with the present GSC Announcer, and that the Advertiser is a consumer, who may decide to submit the dispute with the Publisher to a conventional mediation or other alternative dispute resolution process.
The Advertiser can visit the European platform for the settlement of consumer disputes set up by the European Commission at the following address and listing all the dispute resolution bodies approved in France: https://webgate.ec .europa.eu / odr /.
In case of failure of this mediation procedure or if the Advertiser wishes to enter a jurisdiction, the rules of the Code of Civil Procedure will apply.
If the Advertiser is a CONTRACTOR CONTRACTOR IN THE CONTEXT OF ITS ACTIVITY, any dispute will be brought before the Commercial Court of Paris.