GENERAL TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS, REMEDIES AND OBLIGATIONS. THEY INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS AS WELL AS A CLAUSE THAT GOVERNS THE COMPETENT JURISDICTION AND VENUE IN CASE OF DISPUTES.
Most recent update: April 2017
Nightswapping offers an online platform that connects hosts who have accommodations they would like to offer. These accommodations can be booked by guests who would like to book such accommodations (hereafter referred to as the "Services"). These Services are accessible at www.NightSwapping.com and any other websites through which Nightswapping offers their Services (hereafter referred to as the "Site").
"Accommodation" means all residential and other properties
"Booking" means a right granted by the Host to the Guest for entering the accommodation agreed upon in the advertisement, and occupy it during the limited period confirmed by the reservation, the period during which the host (only where and to the extent permitted by the applicable law) retains the right to enter the Accommodation again, in accordance to the concluded agreement between the Host and the Guest.
"Booking Request" Means the time period starting from the time when a Booking is requested by a Guest (as determined by NightSwapping in its sole discretion), within which a Host may choose whether to confirm or reject that Booking request, as stated on the Site.
"Guest" means a Member who requests a Host to make a Booking via the site of a Listing or a Member who stays in the Accommodation and is not the Host of the associated Listing.
"Host" means a Member who creates and publishes a Listing via the Site.
"Listing" means an accommodation that is listed as available for Booking via the Site.
"Member" means a person who created a Nightswapping account, thereby completed the account registration process, including but not limited to Hosts and Guests.
"Member Content" means all Content that a Member publishes, uploads, posts, submits, transmits, including the content in their Listing or Member Profile to be made available through the Site.
"NightWallet" means the virtual money wallet that contains the Nights a Member has saved
I/ Terms of service
The Site www.nighstwapping.com is an online platform. Through the platform Hosts can create and publish Listings for the Accommodations that the Guests can consult to gain information. The Guests can also make a reservation for the just mentioned Accommodations directly with the hosts. You understand and agree that Nightswapping is not a party to any agreements entered into between hosts and guests, nor is NightsSwapping a real estate broker, agent or insurer. Nightswapping has no control over the conduct of Hosts, Guests and other users of the site or any accommodations, and disclaims all liability in this regard to the maximum extent permitted by law.
If you decide to publish a listing on NightSwapping, you understand and agree that your relationship with Nightswapping is limited to being a member and an independent, third party contractor, and not an employee, agent, joint venture or partner of Nightswapping for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of NightSwapping. NightSwapping does not control, and has no right to control your Listing, your offline activities associated with your Listing, or any other matters related to any Listing, that you provide. As a Member you agree to not do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of NightSwapping, including by inappropriately using any Nightswapping intellectual property.
You hereby acknowledge and agree that by accessing, using the site, or by downloading or publishing any content from or on the site, you are indicating that you have read, have understood and agree to the terms and are hereby to be bound by these terms and receive our services (including, where applicable, programs such as the host protection insurance program), whether or not you have registered with the site. If you do not agree to these terms, then you have no right to access or use the site and/or collective content.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms, and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
NightSwapping reserves the right, at its sole discretion, to modify the Site or Service, or to modify these Conditions, including the amount of the reservation fee and the price of the nights, at any time and without prior notice. If we modify the present Conditions, we will publish the modifications on the Site or will send you a notice of the modification. We will also update the "Last Update" at the top of these Conditions. In absence of communication on your behalf, you are informing us of your refusal of the modified conditions within thirty (30) days of notification by email, your continued use of the Site will mean acceptation of the modified Conditions. If you continue to access or use the Site or Service, and if you do not refuse the modifications after we have displayed a modification on the Site or after we have sent you a notice of the modification, you indicate that you agree to the modified Conditions. If the Conditions thus modified are not acceptable to you, your only recourse is to cease using the Site and the Service.
Use of the Site is only meant for persons who are at least eighteen (18) years of age. Any access to or any use of the Site by any person under the age of eighteen (18) is strictly prohibited. By using the Site you declare and warrant that you are at least eighteen (18) years of age.
IV/ How the Site works
Members can use the Site for publishing or consulting Listings and for discussing or talking directly between the Host and the Guest for the Booking of the Accommodations. Such Accommodations are included in Listings on the Site by Hosts. You may view the Listings as Listings like yours but they are not registered on the Site yet, however, if you want to book an Accommodation or create a Listing, you must first create a NightSwapping account. (Defined below) As stated above, Nightswapping offers their Members a community platform on which they can publish or view Listings and interact directly with each other for the Booking of an Accommodation. NightSwapping is not an owner or an operator of properties, including, but not limited to, hotel rooms, motels or other accommodations, nor does NightSwapping own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, motel rooms, other accommodations or transportation or travel services. Unless expressively otherwise on the NightSwapping platform, Nightswapping's responsibilities are limited to facilitating the availability of the Site.
NightSwapping cannot control and does not control the content nor the condition of the Listings, the legality or the suitability of any accommodations. NightSwapping excludes all responsibility relating to Listings and Accommodations. Accordingly, Bookings will be created or accepted at the Members' own risk.
V/ Account registration
In order to access certain features of the Site, and for creating and publishing Listings or contacting a Host, you have to register yourself in order to create an account (hereafter referred to as "Account NightSwapping") and become a Member. You can register yourself and benefit directly from the Services offered on the Site, or as described in this article.
Registering is also possible by joining the platform by logging into your account with specific Third-Party social networking sites ("SNS") (including, but not limited to, Facebook - each such account, a "Third-Party Account"), via our Site, as described below. As part of the process of the Site, you may connect your Nightswapping Account with Third-Party Accounts, by either: (i) supplying your Third-Party Account login information to Nightswapping through the Site; or (ii) authorizing Nightswapping to access your Third-Party Account, as allowed under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are authorized to disclose your Third-Party Account login information to Nightswapping and/or grant NightSwapping access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without binding NightSwapping to pay any fees or making Nightswapping subject to any usage limitations imposed by such Third-Party service providers. By giving NightSwapping access to any Third-Party Accounts, you comprehend that Nightswapping will access, make available and store (if applicable) any Content that you have provided to and stocked in your Third-Party Account ("SNS Content") so that it is accessible on and through the Site via your Nightswapping Account and Nightswapping Account Profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Nightswapping Account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or Nightswapping's access to such Third-Party Account is terminated by the Third-Party service provider, then SNS Content will no longer be accessible on and through the Site. You have the ability to disable the connection between your NightSwapping account and your Third-Party Accounts, at any time, by accessing the "Settings" section of the Site and Application. Please note that your relationship with the Third-Party Service providers associated with your Third-Party Accounts is governed solely by your agreement(s) with such Third-Party Service Providers. Nightswapping does not examine any SNS content for any purpose, including but not limited to for accuracy, legality or non-infringement and NightSwapping is not responsible for any SNS Content.
Your NightSwapping Account and the profile page will be created for your use of the site based on your personal data that you provided us through SNS, as described above. You cannot have more than one (1) active NightSwapping Account. You accept to provide exact, complete and up to date information during the registration process and to keep the mentioned information up to date in order to preserve its accuracy, relevance and completeness. NightSwapping reserves the right to suspend or terminate your NightSwapping Account and access to the Site if you create more than one (1) NightSwapping Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not up to date, lacking information, or otherwise in violation of these Terms of Service.
Without authorization by a specific feature on NightSwapping, you are not allowed to share your NightSwapping Account with anyone or allow others to access or use your NightSwapping Account. NightSwapping may enable features, in our discretion, that allow other Members to take certain actions associated with your NightSwapping Account, on your behalf with your express authorization, such as having your friend book on your behalf or adding a friend to your account as an additional Host. You agree that you will take responsibility for any activities or actions under your NightSwapping Account, whether or not you have authorized such activities or actions. You will immediately notify NightSwapping of any unauthorized use of your NightSwapping Account.
VI/ Accommodation Listings
As a Member of NightSwapping, you can create and publish Listings. For creating a Listing, you will need to communicate information about the concerned accommodation, including, but not limited to, the location, the capacity, the size, the characteristics and the availability of the Accommodation as well as its price and the related rules and financial conditions. In order to be displayed in Listings via the Site, all Accommodations must have a valid physical address. Listings will be made publicly accessible via the Site. You understand and agree that the placement or ranking of Listings in search results may depend on a number of factors, including, but not limited to, Guest and Host preferences, ratings and/or ease of Booking.
The other Members may book your Accommodation via the site based on the mentioned information in your Listing, your requirements concerning the Guest and the settings and preferences of the Guest. You understand and agree that once a guest requests a booking of your Accommodation, you may not request the Guest to pay a higher price than mentioned in the booking request.
You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you publish. Consequently, you declare and warrant that any Listing you post and the Booking of, or a Guest's stay at, an Accommodation in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other third party agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws), Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any Accommodation included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of Third Parties. Please note that NightSwapping takes no responsibility for a host's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. NightSwapping reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings and Nightswaping, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or NightSwapping's then-current Policies and Community Guidelines or Standards, Trademark & Branding Guidelines, or otherwise harmful to the site.
If you are a Host, you understand and agree that NightSwapping does not act as an insurer or as your contracting agent. If a Guest requests a Booking of your Accommodation and stays at your Accommodation, any agreement you enter into with such Guest is between you and the Guest and Nightswapping is not a party to it.
If you are a Host, Nightswapping offers you certain tools that can help you choose if you would like to accept or refuse the Members who would like to make a Booking for your Accommodation. You acknowledge and accept that you, as a Host, are responsible for your own actions and omissions and are also responsible for the actions and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Accommodation, if applicable)
NightSwapping recommends that Hosts acquire appropriate insurance for their Accommodations. Please go over any insurance policy again that you may have for your Accommodation with care, and in particular, please make sure that you are acquainted with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of or relating to Guests (and the individuals the Guest invites to the accommodation, if applicable) while at your Accommodation. Please also revise such policy for any interaction with the Nightswapping Host protection insurance program, to the extent provided in your jurisdiction.
VII/ No Endorsement
These Terms require that the Members must supply precise and correct information. Although NightSwapping may, for transparency or prevention of fraud or detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members and/or screen Member information against third party databases or other sources, we do not make any representations about, validate, or endorse any Member of the Member's asserted identity or background.
Any references on the Site to a Member being "verified" or "connected" (or similar language) only indicate that the Member has completed a relevant verification or identification process, and does not represent anything else. Any such description is not an endorsement, certification or promise by NightSwapping about any Member, including of the Member's identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be beneficial information for you to assess when you make your choice about the identity and appropriateness of others whom you contact or interact with via the Site. We therefore advise that you always exercise due diligence and care when choosing whether to stay with a Host or to accept or pre-approve a Booking request from a Guest, or to have any other interaction with any other Member. Except as supplied in the General Terms of the insurance Allianz (hereafter referred to as "Allianz insurance"), which is in an agreement between NightSwapping and Hosts, we are not responsible for any damage or harm resulting from your interactions with other Members.
By using the Site, you accept that any legal remedy or liability that you want to acquire for actions or exclusions of other Members or other third parties will be restricted to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Nightswapping with respect to such regarding any Bookings or Listings you have made.
VIII/ BOOKINGS AND FINANCIAL TERMS
"Accommodation fee" means the quantity that is due and to be paid by a Guest in exchange for that Guest's stay in an Accommodation. The Host alone, and not Nightswapping, is accountable for the Accommodation Fees for his or her Listing. The Host may in his or her sole discretion decide to include in these amounts a cleaning fee or any other fee permitted on the Nightswapping platform. "Booking fee" is the fee that a Guest has to pay NightSwapping for the use of services. It is calculated as a percentage of the applicable Accommodation fees. When the Guest is given the question of whether to send a booking request to a Host, the Booking Fees will be displayed. "Payment Method" means the payment method that one can add to the NightSwapping Account, for example a credit card, debit card or PayPal. "Total Fees" means altogether the Accommodation Fees and the Booking Fees plus any Taxes.
Bookings and Financial Terms for Hosts
If you are a Host and a Booking is requested for your Accommodation via the Site, it is necessary that you either preapprove, confirm or reject the Booking Request Period, otherwise the Booking request will automatically expire. When a Booking is requested via the Site, we will share with you (i) the first and last name of the Guest who has requested the Booking, (ii) a link to the Guest's NightSwapping Account profile page, (iii) if the Guest and Host have both connected their NightSwapping accounts to SNS and have not turned off sharing of social connections, the names of any shared connections on such SNS, and (iv) an indication of whether or not the Guest has provided other information to NightSwapping, such as a verified email address, connection to SNSs, or a government ID. If you are not able to confirm or decide to reject a Booking request within the Booking Request Period, any amounts collected by NightSwapping for the requested Booking will be given back to the applicable Guest. When you confirm a Booking requested by a Guest, NightSwapping will send you a Communication confirming such Booking, depending on the selections you make via the Site.
NightSwapping will collect the Total Fee from the Guests upon confirmation of the Booking by the Guest and proceed to the creation of a MANGOPAY Account for the Guest and the Host, as defined in the general terms of MANGOPAY. "[Contract services payment in virtual money MANGOPAY] (https://www.nightswapping.com/assets-new/docs/mango_terms/mango_terms_en-us.pdf)."
The Host and the Guest will both benefit from virtual money (named NightWallet) on the Site. The NightWallet of the Guest will be reduced with the amount of the Accommodation Fee, upon confirmation of the Booking. Within 24 hours of the arrival of the Guest in the mentioned Accommodation, a transfer of the amount of the Accommodation Fee will be made from the NightWallet of the Guest to the Host. The Host can either use his Wallet to travel or to request a transfer to be made so the saved Nights will be transferred into money on the Host's bank account.
Bookings and Financial Terms for Guests
The Hosts, not NightSwapping, are lone responsible for honouring any confirmed bookings and making available any Accommodations reserved through the Site. If you, as a Guest, decide to enter into a transaction with a Host for the Booking of an Accommodation, you agree and comprehend that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the Host. You acknowledge and agree that you, and not NightSwapping, will be solely responsible for performing the obligations of any such agreements, that NightSwapping is not a party to such agreements, and that, with the exception of NightSwapping Payments' obligations compatible to the Payment Terms, Nightswapping disclaims all liability arising from or related to any such agreements.
You as a Guest agree to pay the Total Fees for any Booking requested, and in majority cases confirmed, in connection with your NightSwapping Account. NightSwapping will collect the Total Fees compatible to the Payment Terms. Once your confirmed Booking transaction is completed, you will receive a confirmation Communication summarizing your proved Booking.
In consideration for the use of NightSwapping's online marketplace and platform, NightSwapping charges Booking Fees. The Booking Fees are, as previously indicated, included in the Total Fees. The applicable Booking Fees will be indicated to the Guests on the Site before sending the Booking request, they represent fifteen (15) % of the total Accommodation costs. If a Guest uses his/her Wallet to perform a Booking, the Booking Fee will be calculated on the remainder due: fifteen (15) % (Accommodation Fee - Amount in the Wallet)
Cancellations and refunds
If, as a Guest, you wish to cancel an already confirmed Booking made through the Site, before or after your arrival in the Accommodation, the [Cancellation Policy] (http://help.nightswapping.com/hc/en-us/categories/115000402025-Cancellation-policy) described on the Site, shall apply to such cancellation.
If a Host cancels a confirmed Booking made through the Site, (i) the Accommodation Fee for this Booking will be immediately available in the NightWallet on the Site, and (ii) the Guest will receive communication with NightSwapping, containing other Listings and related information. If the Guest requests to make a Booking for another proposed Listing and the associated Host with that other Listing confirms the Booking that was requested by the Guest in question, the Guest will not pay the Booking Fee, unless the amount of the accommodation for this new Booking is higher than that of the cancelled Booking, (iii) if the Guest does not find a new Booking he can ask to convert his virtual money to his NightWallet and retrieve the Accommodation Fee. It will be necessary to make a written request to NightSwapping, if he wants the Booking Fee to be reimbursed via the following address: firstname.lastname@example.org. If, as a Host, you cancel a confirmed Booking, you agree that NightSwapping may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a Booking was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled Booking.
You as a Host comprehend and agree that only you are responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be acquired or obligations relating to applicable Taxes in Listings. You alone are also responsible for remitting to the relevant authority any Taxes included or received by you. NightSwapping cannot and does not offer Tax-related advice to any Members. Where applicable, or based upon request from a Host, NightSwapping may issue a valid VAT invoice to such Host. You understand and acknowledge that appropriate governmental agencies, departments or authorities (hereafter referred to as "Tax Authority") where your Accommodation is located may need Taxes to be collected from Guests or Hosts on the amount paid for the right to use and/or occupancy of accommodations, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the Accommodation Fees set by Hosts, a set amount per day, or other variations, and are sometimes called "occupancy taxes," "hotel taxes," "lodging taxes," "transient taxes," "sales and use taxes," "value added taxes," "room taxes" or "tourist taxes".
Any income you make by renting out your property may be subject to income tax when it reaches a certain threshold. The links that concern tax and social obligations in France are the following links: "- [Tax Obligations] (https://www.impots.gouv.fr/portail/node/10841) - [Social Obligations] (http://www.securite-sociale.fr/Vos-droits-et-demarches-dans-le-cadre-des-activites-economiques-entre-particuliers-Article-87)" "Please consult the links mentioned below. They concern tax income in the collaborative economy, written by the tax administration:
""[Collaborative economy: what are taxable incomes?] (http://www.economie.gouv.fr/particuliers/economie-collaborative-revenus-imposables)""
""[How to declare income from renting furnished rooms?] (https://www.impots.gouv.fr/portail/files/media/1_metier/1_particulier/EV/1_declarer/141_autres_revenus/eco-collabo-fiscal-logement-meuble.pdf)""
The links mentioned above, are a non-exhaustive French list. You may also consult with an expert (for example: your tas advisor) or contact the tax administration in your country."
XI/ Damage to Accommodations and Security Deposits
As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at an Accommodation) in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you permit to enter, or otherwise provide access to, the Accommodation. In the situation that a host claims otherwise and gives evidence of damage ("Damage Claim"), including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items. Hosts may choose to include security deposits in their Listings. Each Listing will describe whether a Security Deposit is required for the applicable Accommodation. NightSwapping will make great efforts to address Hosts' requests and claims related to Security Deposits, but NightSwapping is not responsible for administering or accepting any Damage Claims by Hosts related to Security Deposits, and disclaims any and all liability in this regard.
If a Host has a Damage Claim regarding a confirmed Booking of an Accommodation, the Host can escalate the Damages Claim to NightSwapping if the Host and the Guest are not able to resolve a Damage Claim. If a Host escalates a Damage Claim to NightSwapping, you as a Guest will be informed of the Damage Claim and you'll be given a chance to respond. If you, as a Guest, agree to pay the Host in connection with a Damage Claim, or if NightSwapping determines, in its sole discretion, that you are responsible for damaging an Accommodation or any other personal or other property located at an Accommodation, NightSwapping will collect any such costs from you and/or against the Security Deposit. NightSwapping also reserves the right to otherwise collect payment from you and pursue any way available to NightSwapping in this regard in situations in which you have been determined, in NightSwapping sole's discretion, to have damaged any Accommodation or any other personal or other property located at an accommodation.
The Guests and the Hosts accept to cooperate with NightSwapping, to aid NightSwapping in good faith, to provide the information necessary to NightSwapping and to take reasonable measures requested by NighSwapping, regarding all Damage Claims or other complaints or claims made by Members relating to Accommodations or any personal or other property located at an Accommodation (including, without limitation, claims for payment made within the framework of the Allianz Insurance) or concerning any investigation undertaken by NightSwapping or a representative of NightSwapping concerning use or abuse of the Site. If you are a Guest, upon reasonable request of NightSwapping and to the extend you are reasonably able to do so, you agree to participate in meditation or a similar resolution process with a Host, at no cost to you, which process will be conducted by NightSwapping or a third party selected by NightSwapping or its insurer, regarding losses for which the Host is claiming payment from NightSwapping under [terms of the Allianz Insurance] (https://production-nightswapping.s3.amazonaws.com/media/profiles/_common/file/3d19383a-de45-477a-bdd3-69ec494413d5.pdf).
If you are a Guest, you understand and accept that NightSwapping can proceed to make a claim under the Allianz Insurance policy, concerning any damage or loss that you may have caused or been responsible for or to an Accommodation or any personal or other property located at an Accommodation. You accept to cooperate with NightSwapping and to help NightSwapping in good faith, and to provide NightSwapping the information that could be reasonably required by NightSwapping, to make a claim under the Allianz Insurance, including, but not limited to, signing the documents and taking such other measures as reasonably required by NightSwapping to perform the foregoing.
The Security Deposits, if requested by a Host, may be used for the payment of any expenses due by a traveller extending his stay in the Listing without the consent of the Host.
XII/ Payment (Payment methods - fight against fraud)
NightSwapping accepts payment by credit cards from Blue Card, Visa and MasterCard.
NightSwapping has opted for [MANGOPAY] (https://www.mangopay.com/en_UK/) as payment service provider. This service provider holds an E-Money Issuer (EMI) license from the CSSF and is therefore accredited by major European banking institutions such as ACPR Banque de France. They guarantee complete confidentiality of the banking information of their customers, secured by the SSL protocol, reinforced by interference processes and encryption methods to protect all the data related to the means of payment according to PCI-DSS standards.
In the context of fighting against fraud, MANGOPAY can use 3D Secure/ Varified by Visa/ MasterCard SecureCode which triggers certain payments and asks the customer to verify his identity through an identification process specific to the customer's bank.
Only the French right is applicable on the present Site and for the present General Conditions. In case of dispute, only the Courts of Lyon (France) are competent.
The personal information collected by NightSwapping (particularly in the filled in forms) that will help to get to know you better and to offer you the best service. NightSwapping can use this personal information for informing you about the new offers. NightSwapping can also contact you via questionnaires to obtain your opinion on current or future offers. Otherwise, NightSwapping can always share the data with their trusted partners in order to provide you the advanced services, but it is forbidden to exploit your personal data for commercial purposes and they are required to maintain the confidentiality of your personal data.
Law and freedom
You have the right to access, modify, rectify and delete data that concerns you (art. 34 of the french law 'Informatique et Libertés). To exercise this right, send an email to the following email address: contact@NightSwapping.com
The user is informed that during his visit on the Site, a cookie can install itself automatically on their navigation software. A cookie is an element that does not allow to identify the user but is used to record the relating to the navigation of the user on the site. The setting of your navigation software allows you to be informed about the presence of cookies and allows you to refuse.
You can, at any time, choose to unsubscribe yourself from the newsletters by clicking on the unsubscribing link given in all of our newsletters.
XIV/ Warning for internet users
The internet users that use NightSwapping are explicitly informed about the risks related to the technical characteristics of the internet network. The company COSMOPOLIT HOME, cannot guarantee that the information that was exchanged via the Site is not going to be intercepted by third parties, and that the exchange confidentiality will be guaranteed.
Responsibility of the internet user and warning
The user of NightSwapping acknowledges that he/she has the skill and the means to access and use the site. He/she also acknowledges that he/she has verified that the computer configuration does not contain any viruses and is in perfect working order.
The company COSMOPOLIT HOME is allowed to broadcast certain information, photographs, maps (for example: Google Maps), software, and developed services by third parties on the Site.
The company COSMOPOLIT HOME does not participate at all in their development and cannot guarantee the appropriateness, reliability, relevance, accurate or complete information, data and services broadcasted on the Site of NightSwapping.
Consequently, it is the user's responsibility to use the information on the Site of NightSwapping with caution and carry out any verification on its own responsibility.
Warning concerning the Host's Listings broadcasted on the Site: the present content on each Listing, the photos, the texts, are the property of the concerned Member. All reproduction without authorization is prohibited. In addition, the company COSMOPOLIT HOME cannot, in any case, be held responsible for the content or the lack of relevance of the information put in the sheets displayed on the Site insofar as these Listings are drafted by third parties under their sole responsibility.
Consequently, it is the user's responsiblity to use the information on the Site of NightSwapping with caution and carry out any verification on its own responsibility.
Protection of persons and property
The internet user acknowledges that the company COSMOPOLIT HOME wishes to promote a practice of loyalty and good morals on the internet network. Accordingly, the user agrees not to use the NightSwapping Site for illicit purposes and in particular, not to broadcast any message or information in any form or nature:
"• Contrary to public order or morality,
• Contrary to respect of privacy,
• Abusive, defamatory, racist, xenophobic, revisionist, or damaging the honour or reputation of others,
• Inciting discrimination, hatred,
• Threatening a person or a group of persons,
• Pornographic or paedophile,
• Inciting to commit a crime, a misdemeanour or an act of terrorism or defending war crimes or crimes against humanity,
• Inciting suicide,
• Violating the law on the secrecy of correspondence or, in general, contrary to a regulation or a law in force.
The internet user further agrees to: • Not to use the services offered by the company COSMOPOLIT HOME or the personal data to which it could access for commercial purposes and, in general, to offer products and services paying it directly or indirectly, • Not to restrict by any means whatsoever the use of the NightSwapping site, to falsify any mention or element of this site, • Not to enter into a computer system to alter its content, or to commit any of the offenses punishable under articles 323-1 to 323-7 of the Code Pénal (Hacking Code), sending unsolicited messages in the mailboxes of other internet users (""Spamming"")."
The position of the company COSMOPOLIT HOME is irrevocable and complies with legal obligations.
XV/ Intellectual property and neighbouring rights
Copyright and brands
The Content, including editors (copyright), graphics (filings of drawings and models) and illustrative (logo, pictogram of NightSwapping), published by NightSwapping are protected by copyrights.
Any reproduction or representation of the Site in whole or in part by any means whatsoever, in France or abroad, without the authorization of NightSwapping is prohibited and constitutes an infringement punishable under articles L 335-2 of the French Code de la Propriété Intellectuelle (Intellectual Property Code)
The databases of NightSwapping are protected by the provisions of the Act of 11 July 1998 implementing the European Directive of 11 March 1996 on the legal protection of databases in the Intellectual Property Code (IPC).
Extraction and re-use are particularly forbidden, be it quantitatively or qualitatively substantial, of the content of the databases contained on the NightSwapping Site is forbidden. Following the French Intellectual Property Code, any offender is liable to the penalties mentioned in Articles L343-1.
Brands and logos
The trademarks of COSMOPOLIT HOME, as well as the logos appearing on the Site are registered trademarks. Any total or partial reproduction of these trademarks or logos made from the elements of the Site without authorization of NightSwapping is prohibited within meaning of Article L.713-2 and following the French Intellectual Property Code.