GENERAL TERMS AND CONDITIONS OF USE

LAST UPDATE: 17 April 2024

1.             OBJECT AND SCOPE OF APPLICATION

1.1          LA VILLA NOMADE, a limited company registered in the Marrakech Trade Register under the analytical register number 11603, chronological number 2334 and whose registered office is located at Zaouia El Abbassia El Marstane n°7, Marrakech (« LA VILLA NOMADE », « we », « us », « our ») is the publisher of the Internet site accessible at www. lavillanomade.com (the « Site »), on which users, who are consumers in this case, can visit in order to discover the accommodation offers sold by LA VILLA NOMADE (the « Services »).

1.2          We have drawn up these general conditions of use (hereinafter the « General Conditions » or the « GCU ») so that you are aware of the rules and operation of the Site. These General Conditions constitute a legally binding contract between you (« the User », « you », « your » or « yours ») and LA VILLA NOMADE. Please read them carefully.

1.3          By using the Website, you accept the GCU without reservation. You are required to refer to the version of the GCU available online at the date of your access to and use of the Services.

1.4          We inform you that the only applicable version of the GCU is the one accessible via https://www.lavillanomade.com.

2.             ACCES AU SITE ET DESCRIPTION DES SERVICES

2.1          Access to the Site

To access and use the Services provided by the Site, you confirm that :

·         you have the capacity to enter into a contract with LA VILLA NOMADE ;

·         you are aged 18 or over. If you are under 18, you confirm that you have the prior authorisation of the holder of parental authority to use the Site. This authorisation may be requested by our services;

·         you undertake to comply with these Terms and Conditions and all applicable local, national and international laws, rules and regulations.

2.2          Description of the Services

The Website is an e-commerce site offering the User the opportunity to discover and purchase accommodation services offered by LA VILLA NOMADE.

3.             CONDITIONS OF ACCESS AND USE OF THE SITE

3.1          Access to the Services

You may freely access and use the Site without having to create a User Account or log in. Please note, however, that certain sections of the Site can only be accessed by creating a User Account.

You are responsible for taking out an internet subscription and for any other costs associated with your use of our Site.

3.2          Rights granted to Users

LA VILLA NOMADE grants the User a personal, non-transferable, non-exclusive, revocable and non-sublicensable licence to access and use the Site. The sole purpose of this licence is to enable you to use the Site in a manner that complies with these General Terms and Conditions.

Any action going beyond these rights of access and use and in particular any reproduction, making available to third parties or illegal downloading constitutes an act of counterfeiting. The User undertakes not to use or implement a robot or any other automated means to access the Site and/or the content, and more generally not to attempt to undermine the operation of the Site.

Except in cases expressly authorised by law, the User must not, nor allow others to, modify, adapt, translate, reverse engineer, decompile or disassemble the Site or any of its elements or create derivative works.

3.3          User obligations

The User is solely responsible for entering his/her data, and LA VILLA NOMADE can under no circumstances be held responsible for incorrect information. In the event that the User provides false, inaccurate, out-of-date, incomplete, misleading or deceptive information, LA VILLA NOMADE may, immediately and without notice or compensation, suspend or terminate the User Account and refuse access, temporarily or permanently, to all or part of the Services provided by the Site.

LA VILLA NOMADE supports and defends the values of tolerance, diversity and respect for others.

The User therefore undertakes to respect these values when using the Website. In particular :

• not to make any discriminatory, racist, xenophobic, anti-Semitic, insulting, malicious, obscene, illicit or other violent or pornographic remarks, nor to publish any content contrary to public order or morality in any way whatsoever when browsing and using the Site;
• not to disseminate content that may be prejudicial, defamatory, unauthorised, malicious or infringing on privacy or publicity rights, inciting violence, racial or ethnic hatred or that may be qualified as gross indecency or incitement to commit certain crimes or offences;
• not to impersonate any person or entity or misrepresent your affiliation with another person or entity;
• not to use the Site for political, propaganda or proselytising purposes;
• not to infringe the intellectual property rights of LA VILLA NOMADE on the Site and its elements;
• not to spam, intimidate, solicit or divert the Site in any way whatsoever from its intended purpose;
• not to carry out illegal activities, by disseminating content (photographs, images, texts, videos) representing minors in any way whatsoever;
• to notify LA VILLA NOMADE of any inappropriate content.

You remain solely responsible for your use of the Site, the User Content that you create, send or store via the Site. LA VILLA NOMADE cannot be held responsible for any loss or damage resulting from the use of the Site by the User, or any third party (authorised or not).

4.             OBLIGATIONS OF LA VILLA NOMADE

4.1          LA VILLA NOMADE undertakes to make its best efforts to ensure permanent access to the Site and its Services as well as its operation.

However, LA VILLA NOMADE cannot be held responsible for the unavailability of the Site or a Service in the event of events such as :

• maintenance of the Site, including when the maintenance work is carried out by third parties;
• the occurrence of an unforeseeable, insurmountable and external event (force majeure) or cyber attack;
• Internet and mobile network failure.

The User is also informed of the risks inherent in the use of the Internet, in particular in terms of lack of security in the transmission of data and non-guaranteed continuity of access to the Site and its content. Under no circumstances may LA VILLA NOMADE be held responsible for these risks and their consequences, prejudicial or otherwise, for the User.

It is the responsibility of each User to take all appropriate measures to protect their own data, software and hardware from contamination by viruses or other forms of attack that may circulate on the Site.

4.2          LA VILLA NOMADE reserves the right, at any time, to modify all or part of the Site and its functionalities, to modify or offer new content and Services. In particular, LA VILLA NOMADE may update the content according to changes in the legal provisions or best practices in force.

Any new functionality will be subject to these General Conditions.

LA VILLA NOMADE informs the User, who accepts it, that it subcontracts the hosting of the Site to the company Hostinger.

In the event that a security flaw detected by LA VILLA NOMADE is likely to seriously compromise the security of the Site, LA VILLA NOMADE may, without prior notice, temporarily interrupt access to the Site in order to remedy the security flaw as soon as possible. In this case, the User may not claim any compensation or hold LA VILLA NOMADE liable for any reason whatsoever.

5.             INTELLECTUAL PROPERTY

5.1          Intellectual property of LA VILLA NOMADE

All intellectual property rights relating to the Site and its content (texts, images, videos, databases, sounds, photographs, trade names, logos, brands, etc.) but excluding User Content, are and remain the property of LA VILLA NOMADE and/or its subsidiaries or subcontractors. ) but excluding User Content, are and remain the property of LA VILLA NOMADE and/or its subsidiaries, or are subject to licences and/or authorisations granted to us by third parties. The User undertakes to respect the intellectual property rights of LA VILLA NOMADE as well as the rights of third parties.

The User is only authorised to use the Site and its content in accordance with the General Conditions. With the exception of User Content, the User may not reproduce, make available to the public, perform, publish or modify any part of the Site and its content without the prior written agreement of LA VILLA NOMADE.

5.2          Third party rights

We remind you that you must obtain all the necessary authorisations and rights from all the holders of the rights concerned with regard to any User Content that you wish to publish via the Site, including all intellectual property rights, and publicity rights (including image rights), to enable you to use this content in complete peace of mind.

6.             LINKS TO THIRD PARTY SITES

6.1          The Site may contain links redirecting to other sites, applications and data of third parties, these links will only be provided for information purposes, without LA VILLA NOMADE having any control over the content or data of these sites.

Insofar as LA VILLA NOMADE cannot control these sites and these external sources, it cannot be held responsible for the availability of these sites and external sources, and cannot accept any responsibility for the content, advertising, products, services or any other material available on or from these sites or external sources.

6.2          Furthermore, LA VILLA NOMADE may not be held liable for any damage or loss, whether proven or alleged, consecutive to or in relation to the use of or having trusted the content, goods or services available on these external sites or sources.

7.             LIABILITY

7.1          General liability

LA VILLA NOMADE endeavours to maintain the Site in working order and without interruption or suspension. However, we cannot promise continuous operation of the Site without any problems.

The User also acknowledges that the Site is provided « as is » and « as available » without warranty of any kind. In addition, although LA VILLA NOMADE endeavours to provide a good experience to the User, we cannot affirm or guarantee that: (a) the Site will always be secure or without errors or alterations; (b) the Site will always function without delay, disturbance or imperfection.

7.2          Exclusion of liability

Within the limits authorised by the applicable laws, the User expressly acknowledges that LA VILLA NOMADE may under no circumstances be held liable in the event of:

• suspension of access to the Site due to maintenance ;
• reduced performance or temporary or definitive unavailability of the Website; – interruption of the Website; or
• interruption of the Site;
• the occurrence of anomalies ;
• inaccuracies or omissions in the information available on the Site;
• damage resulting from fraudulent intrusion by a third party leading to modification of the information made available on the Site;
• the occurrence of any damage resulting from a fault, misuse of the Site or negligence on the part of the User;
• and more generally for the impossibility of accessing the Site, malfunctions in the Internet network, anomalies, viruses or credit given to any information originating directly or indirectly from the Site.

LA VILLA NOMADE SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES SUCH AS LOSS OF PROFITS OR REVENUE, OR LOSS OF DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES. IN THE EVENT OF ANY BREACH OF THESE TERMS AND CONDITIONS, THE AGGREGATE LIABILITY OF VILLA NOMADE FOR ALL CLAIMS RELATING TO THE SITE SHALL BE LIMITED TO 1,000 EUROS.

VILLA NOMADE’S LIABILITY SHALL NOT BE LIMITED IN RESPECT OF DEATH, PERSONAL INJURY RESULTING FROM THEIR OWN FAULT OR NEGLIGENCE; FRAUD OR FRAUDULENT MISREPRESENTATION; OR ANY OTHER LIABILITY TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY LAW.

IF THE LAW OF THE COUNTRY IN WHICH YOU RESIDE DOES NOT ALLOW THE EXCLUSIONS OF LIABILITY SET OUT IN THIS CLAUSE, THESE EXCLUSIONS DO NOT APPLY.

8.             APPLICABLE LAW AND JURISDICTION

8.1          These GCU, their formation, interpretation, execution, termination or expiry are governed by French law.

8.2          IN THE EVENT OF A DISPUTE, PLEASE CONTACT LA VILLA NOMADE’S CUSTOMER SERVICE DEPARTMENT BY EMAIL AT reservation@lavillanomade.net. THE INTERPRETATION, EXECUTION OR TERMINATION OF THESE CGU WHICH CANNOT BE RESOLVED AMICABLY WILL BE SETTLED BY THE COMPETENT COURTS WITHIN THE JURISDICTION OF THE COURT OF APPEAL OF MARRAKECH, NOTWITHSTANDING ANY CLAIM OR INCIDENTAL WARRANTY, OR IN CASE OF PLURALITY OF DEFENDANTS.

9.             MISCELLANEOUS

9.1          These General Terms and Conditions constitute the entire agreement between the Parties and cancel and replace all other documents exchanged or agreements, written or verbal, previously concluded between the Parties.

9.2          If LA VILLA NOMADE does not take advantage of or does not apply one of the provisions of the GCU, this may not be interpreted by the User as a waiver thereof.

9.3          We reserve all rights not expressly granted to you.

9.4          You may not transfer any of your rights or obligations under these TOU without our consent.

9.5          These GCU may be modified by LA VILLA NOMADE in order to take into account, in particular, regulatory developments, improvements made to the Website, and changes to the situation. The User is invited to consult this page regularly.