Terms and Conditions
The websites Chambres d´Hôtes Wijzer and Gîtes Wijzer (hereinafter referred to as: “Websites”) are owned by Publièra Publishers, located in Driehuis (P.C. Hooftlaan 85), registered with the Chamber of Commerce under number 34370526
The websites are a platform for owners of holiday accommodation in France (hereinafter referred to as “Owners”) who offer these accommodations for rental through advertisements to visitors to the Websites. Publièra Publishers b.v. is in no way party to the agreements that are concluded between Owners and Visitors to the websites (hereinafter referred to as “Visitors”).
The visitors to the Website (hereinafter: “Visitors”), who respond to the offers of a holiday accommodation offered by Landlords and whether to rent one of the holiday accommodations offered from a Landlord, are hereinafter referred to as “Tenants” in plural and “Tenant” in singular. Visitors, Tenants and Landlords are hereinafter jointly referred to as “Users”
A. General part applicable to Users
1. Additional conditions:
For a number of additional services of Publièra Publishers b.v. additional conditions apply in addition to these General Terms and Conditions. These additional conditions form an integral part of these General Conditions. Naturally, you will be given the opportunity to take note of and accept these additional conditions before you purchase these additional services. If the additional terms and conditions deviate from these General Terms and Conditions, the additional terms and conditions take precedence over the content of these General Terms and Conditions.
2. Effective date and interim change:
These General Terms and Conditions apply from 17 October 2018 to every use of the Websites and to all publications published by Publièra Publishers b.v. services offered in relation to these websites. Publièra Publishers b.v. will, like any other company, wish to change its Terms and Conditions from time to time. Of course you would like to know which version of the General Terms and Conditions (the old or the new version) applies to you. With the clear rules below, we ensure that you always know clearly which General Terms and Conditions apply.
For Visitors to the Website, the version of these General Terms and Conditions of course applies as shown when you visit the Website;
The version B of these General Terms and Conditions applies to Tenants of an accommodation.
The latest version C. of these General Terms and Conditions applies to Landlords
4. Operation of the Website
Publièra Publishers b.v. takes great care to ensure that the Websites function properly in the broadest sense of the word. For the functioning of the Websites, Publièra Publishers b.v. however, partly dependent on third parties such as the Owners and technical support. Therefore, Publièra Publishers b.v. not guarantee that the Website will always be without malfunctions or errors. Publièra Publishers b.v. make every effort to ensure that the Website functions properly and that the information provided is correct.
5. Limitation of liability and indemnity
Publièra Publishers b.v. ensures optimal functioning of the Websites, but cannot be responsible or liable for
damage resulting from system failure, connection failure or other malfunction or failure.
damage caused by the use of the Website by Users, Owners or others
Publièra Publishers b.v. therefore, to the extent permitted by law, excludes liability for all damage a User suffers from:
use of the services of the Website or other services of Publièra Publishers b.v .;
the unavailability or unsafe availability of the Website or parts thereof;
incorrect information on the Website;
If Publièra Publishers b.v. for whatever reason is liable, our liability is limited to € 250, –
Users indemnify Publièra Publishers b.v. for claims from third parties with regard to any damage, including more – but not limited to – legal costs incurred by entering into an agreement between the Lessee and the Lessor and or using the Website.
6. Unauthorized use of the Website
The content of the Website is protected by copyright and includes a database with a varying range of holiday accommodation (hereinafter referred to as: “Database”). Publièra Publishers b.v. is the owner of this Database.
Users are not permitted to reuse the content of the Website and / or parts of this Database in any way without the prior written consent of Publièra Publishers b.v. If we are confronted with unauthorized use, we will not hesitate to take (legal) steps and immediately terminate the cooperation with the User.
7. Transfer to third parties
Publièra Publishers b.v. is entitled to its rights and obligations regarding the publications published by Publièra Publishers b.v. services offered, to be transferred to third parties. If and insofar as Publièra Publishers b.v. uses external parties and personal data is provided to these parties, Publièra Publishers b.v. ensure that the same agreements apply in the relationship with these parties as included in its Privacy Statement.
8. Force majeure
Force majeure means any shortcoming that is not addressed to Publièra Publishers b.v. can be attributed because it is not due to its fault and is not for its account under law, legal act or prevailing opinion.
Publièra Publishers b.v. in case of force majeure has the right, at its option, to suspend the execution of the agreement and its services, or to dissolve the agreement without judicial intervention, by informing Users in writing and without Publièra Publishers b.v. is obliged to pay any compensation, unless this would be unacceptable in reasonableness and fairness in the given circumstances.
9. Abuse, applicable law and disputes
The User is not allowed to use the Website for unlawful, immoral and criminal behavior. Publièra Publishers b.v. acts against abuse of the Website.
On all legal relationships whereby Publièra Publishers b.v. party, including any one between Publièra Publishers b.v. and a User concluded agreement, only Dutch law applies, even if an obligation is fully or partially executed abroad or if the party involved in the legal relationship is domiciled there.
The Haarlem District Court has exclusive jurisdiction to hear disputes. Nevertheless, Publièra Publishers b.v. the right to submit the dispute to a court that has jurisdiction according to the law.
B: Conditions for Tenants
1. Accept the offer of the Lessor
Publièra Publishers b.v. is and will not become a party to the agreement that Tenants conclude or wish to conclude with a Landlord.
Publièra Publishers b.v. only sends your initial Reservation Request and any subsequent mails for Adjustment or Confirmation. Publièra Publishers b.v has no involvement whatsoever with any rental transaction and payment that may be made as a result.
2. Information Offered on the Website
Publièra Publishers b.v. makes every effort to ensure that the information provided by Landlords on the Website about the accommodation offered is correct.
Publièra Publishers b.v. cannot, however, guarantee that the information on the Website is correct and reliable at all times, and cannot be held liable for damage, direct or indirect, resulting from the use of the information on the Website.
Publièra Publishers b.v. does not perform physical checks on the quality of the content of the accommodation offered and the correctness and completeness of the accommodation offered.
3. Reservation request
“Reservation request” means the sending by a potential tenant of an application form in the landlord’s advertisement.
4. Posting Reviews
Publièra Publishers b.v. attaches importance to the assessment of accommodations on the websites. Tenants therefore receive an invitation to post a Review on the website. This review will be placed with the relevant accommodation. Landlords have the opportunity to respond to a review. In all cases, reviews from Tenants and reactions from Landlords are posted on the Website at the relevant accommodation. Publièra Publishers b.v. reserves the right to remove Assessments and responses at any time or to suggest suggestions for changes if it sees reason to do so.
C. Conditions for Landlords
1. Subscription forms, extra services and registration fee
Publièra Publishers b.v. offers different types of subscription charges an annual fee. In addition, you will be charged for additional promotional services. In the case of a new Landlord, a one-off registration fee will also be charged.
The advertisement of the accommodation will only be shown on the Website after the registration fee and any subscription costs have been paid. For multiple holiday home listings, it is required that the Landlord takes out a separate subscription per accommodation. Publièra Publishers b.v. has the following 3 subscription types for Landlords: Basic, Premium and Premium Plus, increasing in price per year.
If the Landlord has taken out the Basic subscription, the Landlord can switch to a more expensive subscription at any time. Switching to a cheaper subscription is only possible at the end of a subscription period.
When switching to a more expensive form of subscription, a new annual subscription actually starts. The costs already incurred for the previous subscription are settled pro rata.
2. Assignment, cancellation and payment
At the conclusion of the subscriptions referred to in the previous article, an assignment agreement is concluded between the Lessor and Publièra Publishers bv. This assignment agreement consists of placing the advertisement on the website of Publièra Publishers bv. This agreement is for the first contract duration entered into for the duration of 1 year. In the absence of cancellation no later than 1 month before the end of the first contract period of 1 year, the contract for services will be extended indefinitely.
After the first contract period of 1 year has expired, the Lessor can terminate the assignment agreement with due observance of a notice period of 1 month. After the Landlord has received a confirmation from Publièra Publishers b.v. the cancellation is final. In the event of cancellation by the Lessor, all the Lessor will have to Publièra Publishers b.v. amounts due immediately by Publièra Publishers b.v. due and payable.
After receipt of payment and notice from Publièra Publishers b.v. that the accommodation has been put online, the annual subscription starts. Subsequently, the subscription fee will be charged once a year at the start of the new subscription year. The same applies to other amounts due in respect of additional products and services purchased by the Lessor offered by Publièra Publishers b.v., such as: purchased promotions and other optional products and services. These other payments due will be charged at the start of the new subscription year and will then only be due.
When upgrading a subscription, the upgrade must be paid immediately, as well as any outstanding subscription costs.
When the Lessor takes out one of the above-mentioned subscriptions, the Lessor thereby grants an irrevocable, worldwide license, for the duration of the subscription, to Publièra Publishers b.v. to use the images, videos and texts placed on the Website by the Landlord (“the Content”) which relate to the holiday accommodation offered by the Landlord. This use is not limited to the website itself, but may also relate to website-related social media, internet sites, magazines, brochures, etc.
4. Prices and payment conditions
All prices mentioned are exclusive of VAT.
If Publièra Publishers b.v. if the Landlord does not have a valid VAT number, the Landlord will be regarded as a private individual and the VAT rate applicable in the Landlord’s country of residence will be charged. VAT cannot be adjusted retroactively. It is at all times the responsibility of the Landlord to ensure that it complies with all other tax obligations that may apply to the Landlord.
Publièra Publishers b.v. is entitled to change all its rates. Changes will be announced in writing to the Lessors in the newsletter. Payments by the Lessor must be made, unless otherwise indicated, within 14 days of the invoice date.
5. Statutory interest and collection costs
After the expiry of the payment term referred to in Article 19, the Lessor is in default. The Landlord owes statutory interest on the outstanding amount from the default date. The costs of collection in the event of default are fully for the account of the Lessor, with due observance of the Extrajudicial Collection Costs Standardization Act and the Decree accompanying that Act.
In case of liquidation, bankruptcy or suspension of payment of the Lessor, any claims of Publièra Publishers b.v will be immediately due and payable.
Payments made by the Landlord will always be deducted in the first place from all interest and costs owed, in the second place from the longest outstanding invoices due. The landlord is not entitled to setoff and / or suspension.
As soon as and as long as the Landlord does not pay an outstanding invoice, to the extent that it is due, or is otherwise in default with the obligations of the Landlord as included in these conditions or otherwise, Publièra Publishers b.v. is entitled to suspend fulfillment of its obligations and thereby suspend the performance of the agreement, including placing the accommodation offered by the Lessor offline on the Website. The Lessor’s payment obligation remains in force when Publièra Publishers b.v. makes use of its right to suspend its obligations.
7. Provision of data
The Landlord ensures that all data, of which Publièra Publishers b.v. indicates that these are necessary in good time to Publièra Publishers b.v. be provided. If the information required for the execution of the agreement is not sent to Publièra Publishers b.v. have been provided, Publièra Publishers b.v. the right to suspend the execution of the agreement.
Publièra Publishers b.v. is not liable for damage of any kind because Publièra Publishers b.v. is based on incorrect and / or incomplete information provided by the Lessor.
Publièra Publishers b.v. will request further information from the Lessor if it sees reason to do so. The landlord must cooperate with reasonable requests for information from Publièra Publishers b.v. about the person of the Landlord and the accommodation.
8. Access account and data Landlord
For management and configuration purposes and for the financial settlement of a transaction and booking request, Publièra Publishers b.v. access to the Landlord’s account on the Website.
Publièra Publishers b.v. is not liable for damage caused by third parties gaining unauthorized access (hacking) to the landlord’s account.
The landlord is responsible for his information and images in his listing. Publièra Publishers b.v. is not liable for damage resulting from the loss of (part of) this data.
The landlord is responsible for the careful storage and management of the publications published by Publièra Publishers b.v. usernames and passwords issued to him for his account. Publièra Publishers b.v. accepts no liability whatsoever arising from the (careless or otherwise) use of this information.
Linked to the subscription forms, each landlord receives periodic newsletters from Publièra Publishers. These newsletters are an integral part of the service provided by the landlord and are used, but not exclusively, for information about the use of the website, promotions, price changes and changes to the general terms and conditions.
10. Rules for placing an ad
The websites of Chambres d´Hôtes Wijzer and Gîtes Wijzer are exclusively and expressly intended for private owners of a chambres d´hôtes or holiday home in France, who want to offer and rent out their rooms or holiday home. A number of rules are important for Landlords:
The title and texts of an advertisement must be described correctly and clearly and must therefore not be incorrect or misleading. Photos, images, texts or videos accompanying an advertisement must relate to or be directly related to the accommodation offered.
Publièra Publishers b.v. the Lessor expressly points out that the placement and use of photos, images, texts or videos is at your own risk in connection with possible (copyright) rights of third parties. The Landlord must therefore ensure that it has permission (license) from third parties when the Landlord uses photos, images, texts or videos from third parties. Landlord indemnifies Publièra Publishers b.v. for any form of damage that may arise from the unauthorized use of photos, images, texts or videos, which the Lessor has placed or has placed in his advertisement (s) on the websites.
Linking from your own ad (s) for the purpose of directing traffic to another website, with the express intention of renting accommodations other than those published on our site, is not permitted.
The landlord must at all times keep the calendar of the accommodation up-to-date, whether or not using methods that Publièra Publishers b.v. makes available for that purpose.
Publièra Publishers b.v. supervises a prompt response from Landlords, usually within 24 hours, and reserves the right to temporarily remove the relevant Landlord from the Website if the response time remains too long after an initial warning.
Publièra Publishers b.v. has the right, at its own reasonable discretion, to adjust or refuse, in whole or in part, the photos, graphics, texts or videos and other data as included in the accommodation offered, placed by the Lessor.
The use of scripts, HTML or other programming languages in the advertisement, directing internet traffic to websites other than the own website belonging to the accommodation is not allowed. Any damage by Publièra Publishers b.v. by use as referred to in the previous sentence, this will be passed on to the Landlord.
These terms and conditions were last modified on October 17, 2018