GENERAL CONDITIONS
ARTICLE 1: THE OWNER OF SITE
The ELIT'RIVIERA BUSINESS Ltd (hereafter eBiz'Med or eBizMed.com) is a company of 8 000 Euros capital whose headquarter is located at 10, Rue BLACAS 06000 NICE, registered at the Registry of the Tribunal de Commerce de Nice as No. 2008 B 00617 and No. SCR 503 186 736.
Professional card issued by the prefecture Nice
Financial guarantee by the Caisse de Garantie de l'Immobilier (CGAIM)
CNIL Declaration - No. 1,332,819 and 1,332,820.
Acting on behalf of different partners for services in the field of hotel, tourism and real estate, eBizMed.com offers on the site www.eBizMed.com vacation accommodations or rents, hotel room reservations and real estate sales or rentals.
These conditions are valid from "1st July 2008"
ARTICLE 2: DEFINITIONS
A "User" of the site means any customer who navigates, researches, takes information or inquires, books, controls and/or buys one or more benefits offered on the website.
A "Partner" means any supplier of services or commercial offers on the site in the field of hotel, tourism and real estate. It is also known by the name "Advertiser" due to the fact that he publishes ads for its property on the site.
A "service" means any rental accommodation and/or lease or sale of real estate available on the website.
The "Service" is provided by eBizMed.com on the website www.eBizMed.com in order to publish any advertise and/or accommodation or journey reservation.
ARTICLE 3: OBJECT
The general conditions have to define the conditions under which eBizMed.com provide the Service, in which the partners agree and propose offers and finally in which users research, book, reserve and/or purchase benefits. Any subscription to the service implies the acceptance of the general conditions including the specific conditions applicable to the service and to the commercial offers. Similarly, the validation of any purchases will be subject to an explicit acceptance of the general conditions by users.
You (User or partner) claim to be a major person or legal entity, in possession of all your ability to sign commercial contracts valid in French legislative or French law.
You are financially responsible of any commercial order that you do in your name, on your behalf or on behalf of others. You also warrant the truthfulness and the accuracy of the information that you provide.
ARTICLE 4: PERSONAL DATA
This site is subject to a prior declaration to the CNIL (Commission National Informatique et Libertés). We are subject to the protection of the privacy of our users and partners.
We use your personal data insofar as they are necessary for carrying out the service. However, we draw your attention to the fact that if you follow a link to another site, you will no longer be covered by such protection. You are advised to read the provisions of secure protection of any website that you visit through our site.
On various occasions, you may need either to open a personal account on the site; either to provide us your personal data to handle your requests concerning such property or transaction. We will need a part or all information concerning your full name, address, phone number, e-mail address and / or information concerning the means of payment.
When it is expressly provided, eBizMed.com may provide your authorised information to third for your putting in contact with him.
In the event that our company or the site eBiz’Med.com would be acquired or taken over by a third party, your personal information may be sent to that buyer with the same conditions of protection.
We take appropriate measures to prevent unauthorised or illegal treatment of your personal data and to reduce security risks. However, it is the responsibility of each user or partner:
1. / to protect the access to his account in eBizMed.com and to not disclose his password
2. / to be sure that nobody else uses the site while a session is underway on this site
3. / to disconnect or leave the site eBizMed.com when he doesn’t use it anymore.
No credit card number and no identification data thereof is stored on the server eBizMed.com during the operation of payment or as soon as the transaction is completed online.
We reserve the right to periodically amend the present disposition in order to adapt it to the change of the legislation.
Any change will be notified on the home page (www.ebizmed.com) and the new version will take effect from its release online.
We will keep your confidential data only during time necessary to perform the services that you will accept, in accordance with legal provisions after which they will be destroyed.
In accordance with the Data Protection Act, you have the right to access, check, modify, rectify and delete your personal data on our website which may be exercised:
- either by yourself by logging on the site with your personal identifiers (email address and password)
ARTICLE 5: COMMITMENTS OF ADVERTISERS
1. / The identifier and password that allow you to access to a space owner through a client account on the site are strictly personal. Accordingly, you agree to keep them as confidential. If eBizMed.com has reason to believe that the security of your identifiers is threatened, it reserves the right to change your login or to suspend temporarily the access to the service.
2. / If you provide photos showing the inside or exterior facades of a property or accommodation, you will ensure that they represent them truthfully.
3. / If need be, eBizMed.com reserves the right to request at any advertiser having published an announcement or an ad on our site, documents that prove the reliability of information provided by the advertiser. Any advertiser refusing to send these documents will see his announcement withdrawn from the site or not published.
4. / Your ad must be written in appropriate language. At any case, your ad must have the characteristics of the commercial bid.
5. / You warrant that your ads:
-- are clear, loyal and truthful, accurate and not tainted by error or omission of a misleading or fallacious character;
-- do not relate to counterfeit or stolen property;
-- do not concern unfair competition and parasitism;
-- does not undermine interests, notability, reputation of eBiz'Med, and comply with the editorial line of the Site;
-- contain no defamatory, insulting allegation…etc, possible to hit the sensitivity of some categories of persons;
-- - is not illicit, not contrary to the principle of loyalty, decency, human dignity, public order and morality;
-- and more generally comply with the recommendations of the Office of Sales and Advertising and the French and European regulations in force that can be applied to them.
6. / Any announcement including substantial errors or to be non-compliant with these general conditions may be rejected or amended if necessary, without your agreement. Under these assumptions, you can not claim in any case any right to be refunded. You can not claim damages and / or compensation whatever nature of it.
7. / You declare to hold the rights and / or a mandate and / or necessary authorizations to ads, and to make your personal matter any claim of a third person or a property right-owner concerning the property for which the ad is running on the site eBizMed.com.
8. / If need be, you guarantee eBiz'Med against any action or judicial and extrajudicial claim and/or condemnation founded on the failure to observe of lawful obligations or your contractual commitments and/or on your ads whatever is the quality of the complainant, and you agree to take a charge to your own account all the consequences resulting from such action or claim and / or condemnation, including all damages and including attorneys' fees.
ARTICLE 6: RESEARCH AND SIGNING OF ORDER
6.1 / FREEDOM OF NAVIGATION FOR THE USER
Any user or advertiser can browse and search in full freedom on the site www.ebizmed.com without any commitment on its part. But when he wants to book an order for a reservation or for a publication of an ad, he can do so only after validated the present General terms as well as the possible Specific Conditions of the Partners, by checking in the specific hut envisaged for this effect.
6.2 / HOTELS AND TOURISM
To book, just the user has to click on "reserve" button and to be guided by following the instructions. It is important to distinguish four stages in the process:
-- Step 1: the research phase which is in full freedom and without commitment;
-- Step 2: the booking phase whereby the user do a reservation for an hotel room or vacation rental, by clicking on the button “Book”, followed by a listing of the summary of offers proposed by our partners, with a request for confirmation. Before confirming the user must fill in a form with personal information;
-- Step 3: this is the stage where the process of online payment takes place whose the validation will be followed by sending an email to the user for waiting for the confirmation of the order by eBiz’Med, in return;
-- Step 4: this is the step of sending the confirmation of the order to the user by eBiz’Med which means the user order is firm.
Note:
1. / In the event of confirmation of the order, the confirmation email sent to the user within a short time, will recapitulate the essential elements such as the reference of the order and the receipt of the payment… etc. This document which can be printed by the user, will serve as proof or evidence of the book;
2. / any offer is made subject to availability. For this reason, the user must wait for the confirmation email to consider his book definitely. Often, the send of confirmation will be almost instantaneous.
6.3 / REAL ESTATE
The order to publish ads is made from a client account. The advertiser just has to click on a corresponding button and to be guided by following the instructions.
It is important to distinguish four stages in the process:
-- Step 1: is the LOGIN stage whereby the customer is invited to enter the identifier and password;
-- Step 2: is the stage whereby the advertiser makes the action to publish an ad, by clicking on the button “PUBLISH an ad”, followed by a printout of a summary of the elements concerning the ad with a request for the confirmation to be done by the advertiser;
-- Step 3: is stage where the process of the online payment takes place whose the validation by the advertiser will imply a sending an email to advertiser for waiting for the confirmation of the order;
-- Step 4: this is the step of sending the confirmation of the order by eBiz’Med, followed by the ad running on the site.
Note:
The confirmation email sent to the user within a short time, will recapitulate the essential elements such as the reference of the order and the price and the amount paid… etc. This confirmation email can be printed as proof or evidence of the order.
In case of failure to receive your confirmation email in due course, please contact us.
ARTICLE 7: METHOD OF PAYMENT
7.1 / SECURE ONLINE PAYMENT
To guarantee your security and ensure greater confidentiality, our eBizMed.com site uses a secure encryption protocol. When data is transferred over the network, your credit card number, and all information entered in different forms are automatically encrypted under ATOS Origin control.
The encryption system can automatically encrypt information before it is transmitted over the network.
Many credit cards are accepted for payment online:
-- Carte Bleue
-- Visa Card
-- Master Card
-- American Express… etc. (the list is not exhaustive).
7.2 / ONLINE PAYMENT FOR HOTELS
When booking, the user will pay a deposit equivalent to 10% of the total amount to be debited as soon as the reservation is confirmed by the hotel. And the user will pay the balance remaining on the spot during his stay.
In case of cancellation of the booking by the hotel, the validation of the deposit will automatically be cancelled and then this deposit will not be charged or levied on a customer's account. Otherwise, eBizMed will refund the amount of the deposit taken by mistake.
In case of cancellation of the booking by yourself, the cancellation policy outlined in Article 9 below will be applied.
7.3 / ONLINE PAYMENT FOR TOURISM AND HOLIDAYS
During the booking, the user must pay a deposit of 30% of the amount of the stay, including the insurance fees (in case of subscription of the latter). The user will have to pay the rest of the amount no later than 30 days before his arrival for the stay. The user has the option to settle the remaining balance at any time by resuming the email confirmation of the reservation and clicking in the text box for the second payment and let himself guided by the instructions.
However, if the booking of the user is done less than a month before his arrival at the residence or hotel, he must pay the full amount of the stay.
In case, the rest of the payment is not settled in due course, eBiz'Med reserves the right to take your booking cancelled and apply accordingly the cancellation conditions.
7.4 / ONLINE PAYMENT FOR REAL ESTATE
For the online publication of your property, there are three modes of payment:
a) In the mode of immediat payment, the user must pay before the publication of his announcement. And after publication, a confirmation message on the invoice is sent to the client.
b) In the mode of postponed payment, the user will not pay at the time of publication, but at a later date at which the client must pay the settlement regardless of the outcome of the sale and no later than three months after the start of the first publication.
c) In the mode of the mandate entrusted to eBizMed, the user will not pay. The mandate will be entrusted to eBizMed that will lead the sale process to its end.
d) In the particular case where you are an eBiz'Med partner (real estate agency), the advertiser will be exempted from a payment. However, after publication, a delegation of the mandate should be sent to eBiz'Med specifying the conditions of remuneration in the event of a successful sale made through our agency.
ARTICLE 8: CHANGE AND CANCELLATION OF STAYS OR RESERVATIONS
If a user wishes to modify his order, he must contact the telephone number provided in the "contact". It must have the booking number.
To cancel his order, he must contact us by email at the address provided in the "contact". This cancellation must be confirmed by letter before the start of the holiday, the date of the postmark, to the following address: 10, Rue BLACA 06000 NICE.
ARTICLE 9: CANCELLATION
a) FOR HOTELS
If the cancellation of the client occurs more than 48 hours prior to stay, the deposit of the customer will not be cashed or will be fully refunded.
If the cancellation of the client occurs less than 48 hours prior to stay or in case of no show, the customer will be charged one night in favour of the hotel
b) FOR VACATIONS OR STAYS
For any cancellation of stay, the following charges will be applied:
- More than 45 days prior to stay, no fee will be retained and any deposit paid will be fully refunded;
- Between 45 and 30 days before the start of stay, 25% of the total amount will be retained;
- Between 30 and 15 days before the start of stay, 70% of the total amount will be retained;
- Less than 15 days prior to stay, 100% of the total amount will be retained.
Any shortened stay, as well as any benefits voluntarily abandoned by a participant is not subject to any refund.
For conditions associated with transport formulas: see the conditions of sale.
ARTICLE 10: COMPLAINT
Any complaint on a trip or a journey must be sent by registered letter with acknowledgment of receipt within 30 days after the stay.
ARTICLE 11: TARIFFS
a) Hotels
For any transaction concerning booking hotel rooms, there is no additional fee or charge to the fare offered on the spot at the hotel.
b) Accommodation holidays
For any transaction relating to a seasonal rental or stays without added value of the agency, there is no additional fee or charge to the fare offered on the spot.
Local taxes
Some local taxes can be imposed by local authorities in some states (tax, tax ...) and are paid on the spot by the customer during his stay.
c) Real Estate
• Commission on sales
- For any transaction less than € 50,000, the Committee of the agency is a package of € 4000
- For any transaction between € 50,000 and € 100,000, the agency commission is 8%
- For any transaction between € 100,000 and € 150,000, the Commission of the Agency 7%
- For any transaction exceeding € 150,000, the Committee of the Agency 6%
• Commission on a lease
- For residential leases over 3 years, the Commission is the equivalent of one month's rent.
- For commercial leases in excess of 3 years, the commission is 10% of rents accumulated over 3 years.
• Commission on the rental management
- Rent for any transaction under 3000 €, the Commission of the Agency is 10%
- Rent for any transaction between € 3000 and € 6000, the Commission of the Agency is 8%
- Rent for any transaction between € 6000 and € 10,000, the Commission of the Agency is 7%
- Rent for any transaction exceeding € 10,000, the Commission of the Agency is 6%
• Price of any publication for sales (6 months publication provided to be stopped at any time upon request of client)
- For any publication of a sale in which our agency is not part of the transaction, the price of this publication is 1 per 1000 on the sale price for immediate settlement;
- For any publication of a sale in which our agency is not part of the transaction, the price of this publication is 10 per 1000 on the sale price for a deferred settlement until 3 months and to be paid whatever the conclusion of the sale;
- For any publication of a sale in which our agency is part of the transaction, the price of the publication and sale is 40% on the commission of the agency with a mandate to sell the property;
• Price of the publication of any residential property for rent (6 months publication provided to be stopped at any time upon request of client)
- For publication of a property to rent, the price of this publication is 5% of the rent for immediate payment;
- For publication of a property to rent, the price of this publication is 10% of rent for a deferred settlement until 3 months and to be paid regardless of the conclusion of the lease;
- For publication of a property to rent in which our agency is part of the transaction, the price of this publication and the location is 40% on the commission of the agency with a mandate to rent the property ..
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