Terms and conditions
General Terms and conditions of use for Occupants Dated April 11, 2017
Be my nest offers associative services in the domain of accommodation between individuals who have housing available for rent and customers who want accommodation for a short or long term (hereinafter referred to as the "Service").
To this end, Be my nest has developed a network of customers (hereinafter referred to as the "Occupants") seeking private accommodation, who can apply (hereinafter referred to as "Applications") or search for accommodation offers (hereinafter referred to as "Offers") and manages a platform accessible from the website www.bemynest.com, enabling Hosts to display their offers online and Occupants to search for and obtain information and/or to book accommodation (hereinafter referred to as "the Platform").
Any use of the Service constitutes general acceptance by the Occupants of these Terms. The Occupants recognize that by using the Service, they confirm to have read, understood and accepted these Terms.
Be my nest reserves the right to make any changes to these Terms as deemed useful and necessary, especially in consideration of possible legal, judicial or technical changes.
The applicable Terms & Conditions are the last Terms & Conditions accepted by the Occupant. The Occupants may examine the current version of the Terms directly from Be my nest or download and print them from a link provided to them on the Platform at www.bemynest.com.
Article 1 – Definitions
For the purposes hereof, each capitalized term has the meaning given to it hereafter, whether used in singular or plural.
Account: refers to the space reserved for the Member using which he connects, to access the Platform and to use the Service.
Application: any proposal made by an Occupant for renting Accommodation through the Service, enabling Hosts to make a corresponding offer to the Occupant.
Meal contribution: signifies the monetary contribution the Occupant makes towards meals provided by the Host, for meals shared with the latter.
Service fee: signifies the commission payable by the Occupant for the use of the Service, and is paid at the time of each reservation.
Host: refers to any person who offers Accommodation for rent by submitting an Offer through the Service.
Accommodation: refers to the housing provided by the Host, which is the subject of the Offer.
Accommodation Cost: signifies the monetary amount payable by the Occupant to the Host for each accommodation booking made via the Service. This amount is paid directly by the Occupant to Be my nest and transferred by Be my nest to the Host.
Member: refers to the Hosts as well as the Occupants using the Service provided and managed by Be my nest.
Occupant: refers to any person, customer or otherwise, using the Service to search for and / or to book an Accommodation offered by a Host.
Offer: refers to any proposal for Accommodation uploaded by a Host through the Service.
Platform: refers to the website www.bemynest.com managed by Be my nest, enabling Hosts and Occupants to access the Service.
Booking: refers to an Occupant's acceptance of an offer for Accommodation made by a Host.
Service: refers to the associative service between the Hosts and Occupants proposed by Be my nest and accessible through the Platform.
Visitors: refers to any natural person who logs on to the Platform without a membership.
Other capitalized terms used herein have the definitions accorded to them by the Terms.
Article 2 – Use of the Service
Be my nest provides a Service that allows:
- Hosts to centralize their Offers for accommodation, so that they can be Booked by Occupants;
- Occupants to centralize their Applications for accommodation, to enable the Hosts to make a corresponding offer to them.
The Platform consists of the website www.bemynest.com, edited and managed by Be my nest. It allows visitors:
Access to the Platform is free, subject to a fee for connecting to the Internet which will be borne by the Visitors and Members of the Platform, as per their subscription package with their operators.
2.2. Creating an Account
Use of the Service provided by Be my nest for Occupants requires the creation of an Account and the acceptance of these Terms.
The creation of an account is reserved only for adults. Under no circumstances can a minor create an Account, even with the prior approval of parents and / or guardians.
The Occupant agrees to provide true and accurate personal information when opening his Account.
The opening of the Account is validated after entering all the information requested.
Each Occupant has a login and password enabling him to connect to his Account and access the Offers as well as his personal information.
Only the Account holder is authorized to connect using the login and password corresponding to the Account.
The Occupant must therefore keep his password strictly confidential.
As such, an Account is deemed to be used by the Occupant himself or with his consent, unless the Occupant is able to show that his Account was hacked.
An Account cannot be sold or transferred to another person or entity unless a formal approval is provided by Be my nest.
2.3. Application provided by the Occupant
Through the Service, the Occupant may make an Application that mentions the features of the Accommodation desired by him or her, and also shows his or her personal profile. This Application can be sent to Be my nest via email (firstname.lastname@example.org) or by post.
In order to be valid, an Application must include all information on the Occupant and the conditions of the desired Accommodation, including:
The Application is sent to the Hosts through the Service so that they can view it.
In the event where Be my nest believes that
- An Application or other content associated with a Occupant constitutes a violation of the law, applicable regulations or the rights of any natural person or entity, or
- An Occupant has used the Service offered by Be my nest for an objective other than the intended purpose,
- The Occupant committed a violation of these Terms or any other obligation toward Be my nest or the Hosts, Members or Visitors,
Be my nest is under no obligation to verify the identity of the Occupants and cannot be held responsible in case of incorrect information in the Application.
Hosts can learn about the Applications of Occupants through Be my nest that provides them with a detailed list of Applications submitted.
When a Host wants to contact an Occupant about an Application or to offer an Accommodation for this Application, it shall be done solely through Be my nest.
Contact by the Host does not imply the Host's acceptance of the request made by the Occupant, and is a simple connection between the members of the Be my nest Network.
The Host may propose a specific offer to the Occupant that is different from the initial Offer made by the Host, to take account of all or part of the conditions of the Application by the Occupant. This specific offer is exclusively for the Occupant concerned and should in no way be considered as a modification of the Host's initial Offer with other Members of Be my nest.
In the event that the Occupant accepts a specific offer made by a Host, the Occupant will be required to forward a Booking via Be my nest, in accordance with Article 2.7. of these Terms.
2.5. Access to the Hosts' Offers
As part of using the Service, the Occupants have access to the Hosts' Offers of Be my nest that puts a detailed list of the proposed offers online on the Platform.
When an Occupant wants to contact a Host to respond to an Offer or to obtain further information on the Offer, he contacts the Host via Be my nest, through an email indicating his first and last name and date of birth and attaching all the specific characteristics of the chosen Offer.
The Host may offer a visit to the Accommodation, to Occupants interested in the Offer, via Be my nest.
The visit takes place in the presence of the Host, without any involvement by Be my nest, which assumes no responsibility in the event of difficulties arising during this visit between the Host and the Occupant.
2.7. Making the Booking
The Booking of an Offer is done by the Occupant through a booking proposal communicated by Be my nest, containing the information provided by the Host. This booking proposal will be communicated to the Occupant by email to the email address and phone number provided by him at the time of signing these Terms, opening the Account or using the online Booking service available on the platform, provided that this booking proposal does not constitute or substitute a rental agreement.
The booking proposal is valid for three (3) days from the date of issue.
The acceptance of this booking proposal by post, email, or signing of the booking proposal is binding on the Occupant to enter into a contract with the Host, upon payment of the Accommodation cost in accordance with the conditions referred to in Article 3.4. below.
2.8. Rental agreement
Once the Booking is accepted, the Occupant agrees to contact the Host in order to enter into a rental agreement in accordance with the provisions of these Terms, on or before the effective date of occupation of the Accommodation by the Occupant.
The drafting of the rental agreement and the organization of contractual relations are left to the discretion of the Occupant and the Host, subject to compliance with these Terms and to the information mentioned on the reservation form.
For this purpose, the Occupant ensures that the rental agreement made with the Host mentions all the specific financial conditions given in Article 3 of these Terms.
The Occupant is also committed to comply with legal obligations, mainly:
It should be noted that Be my nest is not involved in the rental agreement made between the Host and the Occupant. Be my nest is exclusively involved in connecting the Hosts and Occupants.
Therefore, Be my nest will in no event be liable for the negotiation, drafting, performance and / or termination of the rental agreement and for any dispute relating to the performance or non-performance of the rental agreement. The Occupant is solely responsible for any dispute relating to the payment of Accommodation cost, degradation, loss or destruction of movable property in the Accommodation, failure to restitute the Accommodation or degradation of the Accommodation.
The Occupants must note that in order to prevent any damage that may be caused during the term of the rental agreement, they must hold a third-party liability insurance and a multi-risk home insurance with an insurance company. The Occupant agrees to provide proof of taking out these insurance policies and the payment of premiums to Be my nest, on request.
Article 3 – Financial conditions
3.1. Accommodation cost
The Accommodation cost to be paid by the Occupant for each Accommodation reservation is indicated on each Offer communicated by Be my nest, and must be mentioned again on the rental agreement.
These Accommodation costs take into account the occupancy rent payable to the Host for the provision of Accommodation to the Occupant, and if applicable, increased by a share of fees and expenses and all taxes due, including the local tax applicable, where appropriate.
3.2. Determination of the Accommodation costs
The Hosts are free to set the amount of the Accommodation cost that they wish to receive in return for occupancy of the Accommodation by the Occupant, subject to any applicable legal provisions.
Therefore, Be my nest is not involved at any stage of determining or negotiating the amount of the Accommodation cost.
3.3. Collecting Accommodation costs from Occupants
The Hosts can specifically instruct Be my nest, which accepts to collect the accommodation cost and the Meal contribution corresponding to the provision of Accommodation to Occupants, with the option to sub-delegate, in its name and on its behalf.
Only Be my nest in its capacity as the representative of the Hosts is entitled to collect the Accommodation cost and the Meal contribution from the Occupants. The Occupants are strictly prohibited from making any payments directly to the Hosts.
The Accommodation cost and the Meal contribution are collected by Be my nest under the conditions mentioned in Article 3.4 below.
It is stated that Be my nest only acts as a representative for the collection and remittance of Accommodation cost and Meal contribution. Therefore, the Occupants recognize that Be my nest is not involved in the payment phase, cannot vouch for the payment of Accommodation cost and Meal contribution, or be considered as a guarantee for Occupants, and is not responsible for the payment of Accommodation cost and Meal contribution by the Occupant.
If on due date of default hosting fees by the Occupation, Be my nest inform the host so that the latter can take the necessary steps with regard to the occupier, including directly pursue the occupant to obtain, by all legal means, the rules of the accommodation fee agreed.
3.4. Payment terms
The provision of Accommodation may be done for short or long periods. Short-term Accommodation corresponds to a stay for less than or equal to four (4) weeks, while long-term Accommodation refers to a stay of longer than four (4) weeks.
For each reservation, the Occupant must pay the following fees via the Platform:
- the Service fee in full.
- The amount of the Accommodation Cost corresponding to the following month or until the end of the agreed occupation period if it is during this period ;
- The amount of the Meal contribution corresponding to the following month or until the end of the agreed accommodation period if it is during this period.
Payments must be made by the Occupant in euros. Payments can be made on the Platform by SEPA direct debit operated periodically by Be my nest or by credit card, including payment authorisation at the required deadline.
3.5. Nonpayment by the Occupant
In case of nonpayment, Be my nest cannot be held liable and is not involved in any capacity in any dispute that may arise with the Host, provided that, all things considered, the Host will remain free to directly prosecute the Occupant to obtain, by all legal means, the payment of the agreed Accommodation cost and Meal contribution.
In case of nonpayment by the Occupant of any amount due hereunder, this contract will be automatically terminated one (1) month after an unsuccessful formal request, if deemed fit by Be my nest, without prejudice to any other damages, given that Be my nest may immediately suspend the Account of the Occupant and withdraw his Applications from the Service.
Article 4 – Cancellation of a Booking
4.1. Cancellation by the Occupant
In case of cancellation of a booking by the Occupant for any reason whatsoever, the latter will be required to pay a fixed termination fee to Be my nest, as follows:
- In case of cancellation made less than fifteen (15) days prior to the date of occupancy, the cancellation fee will be equal to 100% of the agreed Accommodation cost and service fee;
- In case of cancellation made more than fifteen (15) days before the date of occupancy, the cancellation fee will be equal to 100% of the agreed Service fee.
- In case of cancellation made less than fifteen (15) days prior to the date of occupancy, the cancellation fee will be equal to 100% of the agreed Accommodation fee for the first four (4) weeks of Accommodation and 100% of the agreed Service fee;
- In case of cancellation done more than fifteen (15) days before the date of occupancy, the cancellation fee will be equal to 50% of the agreed Accommodation fee for the first four (4) weeks of Accommodation and 100% of the agreed Service fee;
- In case of cancellation done more than thirty (30) days before the date of occupancy, the cancellation fee will be equal to 100% of the agreed Service fee.
4.2. Cancellation by the Host
In case of cancellation of the Booking by the Host before the date of occupancy of the Accommodation, the Occupant will be reimbursed for the sums previously paid to Be my nest for the Booking of the Accommodation.
Be my nest is committed to making its best efforts to provide the Occupant with another Accommodation meeting the requirements of the initial Application, subject to the prior consent of the Occupant and depending on the availability of Hosts.
In any event, if the cancellation takes place due to the Host, Be my nest will in no case be liable.
Article 5 – Duration
The contractual relationship between Be my nest and the Occupant is for an indefinite period.
Either party may terminate it at any time, for any reason whatsoever, subject to a prior notice of one (1) month by registered letter with acknowledgment of receipt.
The termination of the contractual relationship will not affect the rental agreements entered into between the Occupants and the Hosts, which will continue in accordance with their terms and conditions up to their originally stated expiry.
Article 6 – Termination or suspension of the Account
6.1. Voluntary closing of the Account
The Occupant can close their Account at any time by submitting a request by email to the following address: email@example.com
6.2. Suspending the Account
Be my nest reserves the right, at any time and without prior notice, to suspend the Account of an Occupant who violates the provisions of these Terms.
6.3. Closing the Account for violation of the Terms
Following the suspension of the Account pursuant to Article 6.2. above, or in case of failure of the Occupant to fulfill any of his obligations and not rectified within seven (7) days of notice sent by email in this regard to the email address mentioned at the time of opening the Account, Be my nest may proceed with the closure of the Account, as of right and without legal formalities, without prejudice to compensation for the damages sustained by Be my nest.
Be my nest may also proceed with the automatic closure of the Account without prior notice, in case of violation of these Terms by the Occupant, such as racist, homophobic or defamatory utterances, or publishing content that is racist or containing child pornography.
6.4. Closure of the Account due to non-use
Subject to a prior notification sent to the Occupant by e-mail and a prior notice of one (1) month, Be my nest reserves the right to close any Account on which no activity has taken place for a period of twelve (12) consecutive months.
6.5. Consequences of Closing an Account
Closing the account for any reason whatsoever shall not entail any right to compensation for the Member concerned.
Article 7 – Guarantees
Be my nest guarantees the proper performance of the Service it offers.
The Occupant acknowledges and agrees to be solely responsible for the Applications he provides through the Service and their content.
The Occupant agrees to provide accurate and complete information about his identity and his personal profile.
The Occupant agrees to comply with the general terms and conditions as part of the use of the Service.
The Occupant agrees to comply with the conditions of Accommodation requested by the Host and to comply with the applicable law in this regard.
The Occupant also holds a mandatory third party liability insurance to cover his potential liability.
The Occupant recognizes that the regulation may, in some housings, require a multi-risk home insurance, and, if appropriate, commits to take out that insurance policy and to provide proof of the same to Be my nest and / or the Host.
In any event, in case of damages or accidents affecting the Accommodation or its movable property and caused by the Occupant, the latter undertakes to fully compensate for the damages suffered by the Host.
The Occupant agrees to return the Accommodation at the end of occupancy in a leasable and well-maintained condition.
Article 8 – Liability
Occupants are reminded that Be my nest only acts as an intermediary between the Hosts and Occupants. Its involvement and responsibility is limited to:
Therefore, in no case will Be my nest perform any services pertaining to sale, resale, rental or property management, or accommodation, hotel or catering services. Be my nest cannot act in the capacity of a real estate broker, real estate agent or insurer.
Be my nest is not in any way responsible for relations between the Host and the Occupant. Be my nest is in no way responsible for the quality of Accommodation provided by the Hosts, nor the veracity of the proposed Offer.
In no event can Be my nest be held liable for the non-performance or improper performance of the Offer or the contract by the Host.
Be my nest shall not in any way be held responsible for any damage or loss suffered by the Occupant resulting directly or indirectly from non-performance, improper performance or omission by the Host.
In case of damages or litigation, it is the responsibility of the Occupant to directly contact the Host and incur civil liability or multi-risk home insurance taken out by the Host, if necessary.
Be my nest shall not in any way be held responsible for the lack of Offers or volume of Offers offered by the Hosts.
Moreover, Be my nest shall not be liable for any malfunction of the Platform, due to an interruption of the Internet network for any reason whatsoever, or due to a failure of the server's hosting system used by Be my nest.
The Occupant also recognizes the right of Be my nest to temporarily suspend access to the Platform when the latter or any linked server has to undergo an update or maintenance operation. In such an event, Be my nest will endeavor to limit the inconvenience caused to Members by reducing the downtime as much as possible to complete the operation in question.
Be my nest cannot be held liable if the performance of its obligations is delayed or prevented due to force majeure, exceptional circumstances, a cause outside its control, such as: natural disaster, war, earthquake, fire, explosions, riots, intervention by government authorities, inclement weather, water damage, malfunction or interruption of electricity or telecommunications.
Article 9 – Personal information
As part of its business, Be my nest collects personal information concerning the Occupants.
The processing of such data is necessary to provide the Service under these Terms. The processing of personal data was the subject of a CNIL declaration under the number 1960493 v 0, in accordance with the law on information technology, data files and civil liberties of January 6, 1978 in the version in force on the date hereof.
The data is stored for the duration of the contractual relationship between the Occupant and Be my nest, and for a period of six (6) months following the end of the contractual relationship while the Occupant's Account is active and for a period of six (6) months from the closing date. They are then archived and restored exclusively in the context of litigation and for the duration of the statutory limitation.
Each Occupant has a right to access, modification, rectification and deletion of Personal Data concerning him, in accordance with the law relating to information technology, data files and civil liberties of January 6, 1978 in the version in force on the date hereof.
The right to access, modification, rectification and deletion mentioned in the previous paragraph can be exercised through customer service by writing to the following email address: firstname.lastname@example.org
Article 10 – Intellectual Property
By using the Service offered by Be my nest and the Platform and its content, the Occupants have access to data protected by the rules governing intellectual property rights. Be my nest remains the owner of its intellectual property rights, including its trademarks, drawings, models and copyrights, and these Terms shall not constitute a transfer of these rights or authorization to use these rights.
Be my nest is the exclusive owner of the Platform. Any reproduction of the Platform, in whole or in part, any modification of its source code or extraction of its contents is strictly prohibited.
Article 11 – Miscellaneous
In the event of nullity of any provision of these Terms, it will be replaced with a provision whose content will be as similar as possible to the canceled provision, provided that the new provision is balanced and does not affect the rights of the Members.
The titles of the articles of these Terms are included only for convenience and do not affect the meanings of the provisions to which they refer.