When a booking is made through one of the My home in / Very Dog Trip websites, the acceptance of the present booking terms by the tenant and the owner forms a rental contract between them.
The term "owner" used in the present booking terms defines the legal owner of the property or his representative duly authorized to enter into a rental contract on his behalf. The term "tenant" defines the person renting the property, having the right to use the said property during the period defined in the rental contract.
My home in / Very Dog Trip websites are booking platforms (operated by the company My home in SAS) allowing owners to create ads related to the property they offer for rental and for tenants to consult those ads for the purposes that parties seek a rapprochement and enter into rental contracts. As such the company My home in is not a party of the rental contract that links both the tenant and the owner.
1. Rental contract between owner and tenant
1.1 Identification of the parties to the rental contract
Prior to any effective reservation of a property, the tenant is asked to identify himself by indicating the following information: name, surname, home address, phone number, email address and copy of his ID. When registering on one of the websites My home in / Very Dog Trip, the owner or his duly authorized representative are required to provide the following information: name and surname of the owner / representative, home address, telephone number, email as well as the precise address of the property proposed for rent.In the event that the owner or his representative is a company, the end beneficiary is committed to provide a copy of the registration with the Registrar of companies, with specific mention of the name of the legal representative of the said company.
If needed for the application of these booking terms, the address of the tenant is the one provided at the time the property is booked.We only take into account the address communicated by the person who made the reservation even if the tenant is a group composed with several persons, having all different addresses.
When a tenant processes a reservation accepting these booking terms, and when an owner confirms the reservation request done by a tenant, accepting the booking terms as well, tenant and owner enter into a rental contract. Tenant and owner hereby agree that the acceptance of the booking terms by both parties and the fact that the tenant has provided a payment tool as well, are considered as electronic signature of the present booking terms.
The rental contract only binds the owner and the tenant who are solely and entirely responsible for the fullfilment of obligations incumbent upon them pursuant to this rental contract. By accepting a booking, the owner has full responsibility for making available the property subject of the rental contract. A tenant booking a property through one of My home in / Very Dog Trip websites is solely responsible for payment of the rental price as defined in the rental contract under clause 2.1 and its appendices, that he makes for all or part when his reservation request is accepted by the owner. The impossibility to charge the tenant's credit card or to receive payment within a reasonable period via the different payment methods made available to the tenant cause the outright cancellation of the rental contract.
The components of the rental contract between a tenant and an owner through one of My home in / Very Dog Trip websites are as follows. Owner and tenant declare having full knowledge of these components.
a) The present booking terms,
b) The description sheet of the rented property as submitted by the owner through My home in / Very Dog Trip,
c) If applicable, a detailed inventory of the rented property, that the owner can upload in addition to information provided on the description sheet of the property,
d) The specific conditions to the property rented as set out in sections 1.3 hereof,
e) The Cancellation policy, as specified in Section 5 hereof,
f) Diagnostics (natural and technological hazards, energy efficiency, risk of lead exposure), that a professional owner or a owner represented by a professional should brings to the notice of the tenant upon request.
1.3 Specific conditions applying to the property rented
The specific conditions to the rented property are mentioned on the description sheet of the property and indicated to the tenant prior to the process of renting the property. These same conditions are reminded to the owner before he agrees on the rental of his property. Specific conditions include the following:
a) The dates for which the property is rented and the number of overnight stays,
b) The hours of entry into the premises and the hours of departure from the rented premises,
c) The number of people allowed staying in the rented property,
d) Acceptance or not of pets,
e) The rental price and the payment conditions,
f) The amount of the security deposit,
h) The possible costs of cleaning or management mode thereof,
i) The possible costs of linen or management mode thereof,
j) The consumables if stated as additional fee
k) As well as any other conditions not listed in these booking terms and of which the owner and tenant agree together in their exchanges.
If no arrival and departure time have been indicated in the presentation sheet of the property, tenant and owner should consider 16.00 p.m. local time for the arrival and 10.00 a.m. local time for the departure.
Pets are not allowed unless it is clearly stated in the property description or if owner and tenant while exchanging have agreed in writing that pets were allowed.
1.4 Reservation process
Before entering into a rental contract and proceeding with the payment, the tenant must verify that all information he provided and shared with the owner is accurate.It is also to the owner to verify the information provided to the tenant before accepting a reservation request.Once the tenant has communicated his credit card details (or any other methods available to him) and accepted the booking conditions and the specific conditions of the rented property that are proposed by the owner, the owner is notified of the tenant's reservation request. It is up to him to accept or reject it within a period of 36 hours. Acceptance of the owner and the effective payment of the price make the rental contract between the parties.
Once the reservation is confirmed by the owner, tenant and owner receive a confirmation email with their respective contact details enabling them notably to organize the entry into the premises and finalize the various practical details of the tenant's arrival. It is reminded that the company My home in has no role in the "practical" implementation of the rental.
Without confirmation by the owner of the reservation request made by the tenant within the time allowed (36 hours), the booking must then be considered by the tenant as not successful.The tenant's credit card (if paying by credit card) is therefore not charged and the owner from whom the enquiry has been made is in no way committed to the tenant who made the reservation request.
2. Tenant's commitments during the rental period
It is under the responsibility of the tenant to show respect with the property made available by the owner as well as the neighborhood. The tenant ensures the proper behavior of all guests staying in the place. In the event that an owner would have to terminate the stay of the tenant and persons accompanying him in his property because of "misbehavior", the company My home in shall have no obligation to find or cover the costs of an alternative accommodation for the tenant.
The tenant states that the property will be rented by himself, his family or visiting friends and it is prohibited for him to sublet the property, even gratuitously during the rental period - and this regardless of the reason.
The tenant must reimburse the owner for any damages he may have caused in the property and confirms being adequately insured for and during the time he has occupied the owner's property. No legal appeal shall be instituted against the company My home in, due to the tenant's poor behavior.
In the event that the rented property is for sale, the tenant allows the owner to organize visits of the property, provided that the owner and tenant agree together the day before, with the time of this visit. If it turns out that the owner's representative is a real estate agency in charge of the sale and the tenant is himself interested in the purchase of the rented property, he now recognizes the owner's representative as intermediary to this sale.
In addition, the tenant agrees:
a) To never install a tent or caravan on the land adjacent to the rented property,
b) To never make any modification or change in the arrangement of furniture and places,
c) Not to hold the owner liable for theft occurred in the rented property,
d) To refrain in an absolute manner to throw in washbasins, bathtubs, bidets, sinks, toilets, objects likely to block the drains,
e) Not to not place on the balconies and windows anything (laundry, etc.) that could impact the cleanliness or appearance of the house,
f) Support without enjoyment prejudice, without abatement of rent or compensation, repairs incumbent on the owner, whose urgency and necessity may arise during the rental period.
3. Price and conditions
3.1 Rental price
The rental price the tenant must pay is set in the description sheet of the property or through the exchange the tenant and the owner have through the website My home in / Very Dog Trip. The rental price includes:
a) The amount of the rental,
b) The services agreed (cleaning fee, extra bed, linens, etc.) that can be either included in the amount of the rental, either constitute some obligatory or non-obligatory additional fees.
c) The value added tax if applicable as any other taxes that may apply. It is the responsibility of the owner to include this into the prices displayed, knowing the company My home in is not the owner’s tax representative.
In case some local taxes or other consumables (water, electricity, phone, etc.) are not included in the rental price, the owner should mention it in the presentation page of the property and the tenant is committed to pay for those expenses at the latest by the end of his stay.
3.2 Payment terms
In the event that the reservation is made 30 days or less before the date of entry into the property, the price is paid in one go upon reservation.
In the event that the booking is made more than 30 days before entering the property, the tenant’s payment is made in two instalments: 30%are paid on the date of the reservation. The remaining70% are to be paid at least 30 days before the beginning of the rental.
3.3 Currency and payment methods
Prices quoted are in euro and payments through My home in / Very Dog Trip websites are made in euro. In principle, payments are made with bank cards. However, it remains possible to pay with bank cheque, wire transfer or holiday vouchers.
No bank fee is applied to payments made by tenants and payments made by the company My home in to the owners, except in the following cases:
-Payment made by holiday vouchers are subject to a3.5% fee based on the agreed rental price as per the Clause 3.1 above. This fee is born by the tenant.
-Payment made with American Express cards are subject to an additional fee equal to 3% of the rental price. This fee is born by the tenant.
The tenant making a reservation on one of My home in / Very Dog Trip websites and indicating his credit card details, authorizes the company My home in or any other third party whom the company My home in signed an agreement with regarding its payment procedure (in the present case Societe Generale Bank) to debit his credit card for the agreed price as defined in Article 3.2 of these booking terms.
In the event it is agreed that the price has to be paid in several installments, the tenant authorizes the company My home in to debit his credit card according to the schedule proposed upon booking, without the need for the company My home in to ask the tenant a new debit authorization. It is up to the tenant to ensure that his credit card could be debited on the dates indicated in the schedule.
In the event that the Company My home in is unable to obtain from the tenant the payment as indicated in the payment schedule, the company My home in informs the tenant who has to take necessary action to insure payment within 24 hours. The inability for the company My home in to obtain the payment once this 24 hours delay ends, leads to the cancellation of the booking made by the tenant and the application of the cancellation conditions as defined in Article 5 of these booking Terms.
3.4 Payment of the owner
The company My home in transfers to the owner the agreed price as defined in Article 3.1 of these booking terms deducting its service fees within two working days following the arrival of the tenant in the rented property and this, in order to guarantee the tenant against the risk of non-compliance, unavailability or non-existence of the property. Per working days, it is understood the opening days of the French banks.
Notwithstanding in the assumption that the booking is made more than 30 days before the date of entry into the premises, a down payment may be paid to the owner or his representative. The amount of this down payment may not exceed the amount of the deposit paid by the tenant and the owner must then justify a financial guarantee attached to the escrow account on which he wishes the funds to be paid. This down payment is not mandatory and is subject to a specific decision made by the company My home in. The fact that a down payment is made does not change the cancellation polity applied to the property. In the event of a stay for more than three weeks, The company My home in keeps the right to pay the owner in several installments.
3.5 Suspension of payment
Payment of the price to the owner or his representative may be suspended on the assumption that a tenant informs the company My home in of an issue with the rented property upon arrival (non-compliance with the property described in announcement, unavailability of the property on his arrival, non-existent property).This problem must be such that the tenant may not be able to stay at the place.
The tenant has 8 (eight) hours after his arrival to inform the company My home in. The arrival time taken into account is the time for entry indicated in the property presentation page and booking confirmation. If nothing is specified, the time taken as reference from which the 8 (eight) hours delay runs is 16.00 p.m. local time. Only a notification made by telephone and email with acknowledgment of receipt to the following address firstname.lastname@example.org shall be taken into account.
3.6 Payment of the company My home in service fee
4. Security deposit and side costs down payments
4.1 Security deposit paid by the tenant
The security deposit intends to protect the owner against any damage that the tenant may cause during the occupancy of the rented property. The amount of the deposit is indicated in the description of the property and reminded in the booking confirmation received by both parties.
This security deposit can be given directly by the tenant to the owner upon entering the property, or else be taken by the company My home in on behalf of the owner. The implementation method of this security deposit is indicated in the presentation page of the property and on the booking confirmation.
a) Deposit paid to the owner when entering the premises
The deposit paid to the owner doesn't produce any interests and cannot be considered as a prepayment of the rent. It can be paid by cheque, cash or credit card depending on the owner's possibilities.In the event that this deposit is issued by cheque, the owner has the option to cash it. The owner has the obligation to repay the deposit to the tenant within 15 days following the date of rental completion. It is up to him to send the tenant a detailed breakdown of the costs that would possibly be deducted from the amount of the security deposit.In the event that this deposit is issued by credit card, the credit card must have a validity date exceeding 15 days after the date of rental completion. Only a debit authorization can be taken by the owner to the tenant's bank. The security deposit may optionally be debited by the owner based on the accurate accounting of costs that is communicated to the tenant, this under the full liability of the owner, in case the tenant does not agree with the statement provided.
b) Deposit taken by the company My home in on behalf of the owner
In the event that the deposit is taken by the company My home in on behalf of the owner, tenant and owner are advised that the company My home in will only charge the tenant's credit card if and only if a common ground between tenant and owner has been agreed on about an event that would have occurred during the rental period and the possible compensation resulting from the damage.The debit cannot exceed the amount of the deposit set in the conditions specific to the rented property. The owner cannot hold the company My home in responsible for the inability to charge the tenant's credit card when the time comes (expiry, insufficient funds etc.) or because of its refusal to charge the tenant's card for lack of agreement between tenant and owner as to the amount of compensation. In case of debit, the company My home in will apply a 1% fee calculated on the amount debited in order to cover the transaction fee.
4.2 Side costs (consumable) down payment
In the event that some consumables, as defined in section 3.1, would not be included in the price and that the tenant should pay for at the end of the rental period, the owner may ask the tenant a down payment on those costs. The tenant agrees to pay the costs down payment if requested and assuming the amount is reasonable.
5. Reservation cancellation
5.1 Cancellation by the tenant
Tenant may cancel a booking at any time. It is then the cancellation policy which is identified as part of the specific conditions to the rented property that applies. This cancellation policy is also indicated in the description of the property. In the event that the owner is brought to change his cancellation policy after the date the rental contract was entered into, it is the cancellation policy in effect on the date when the rental agreement was entered into that applies. This cancellation policy is clearly specified in the booking confirmation.
As mentioned in Article 1.2 above, the cancellation policy chosen on the property is an annex of the present booking terms. Properly detailed in a specific document, they are submitted to the tenant’s approval prior any booking request, knowing the owner has defined them him/herself through his/her account. The cancellation policies can be as follows, depending on owner's decision wile setting his ad:
Full refund 14 days:
- Full refund of the rental price in case of cancellation of your reservation 14 days or more prior your arrival date, whatever your cancellation reason.
- Full refund of the rental price in case of cancellation of your reservation less than 14 days prior your arrival date for any justified reason as per tenant's cancellation policy. For any cancellation reason not matching our guarantee terms, you benefit from a partial reimbursement equivalent to 50% of the rental price.
- Any reimbursement has a deductible of 10% of the rental price in order to cover bank expenses (linked to your payments and reimbursement) and the cancellation process.
Full refund 30 days:
- Full refund of the rental price in case of cancellation of your reservation 30 days or more prior your arrival date, whatever your cancellation reason.
- Full refund of the rental price in case of cancellation of your reservation less than 30 days prior your arrival date for any justified reason as per tenant's cancellation policy. For any cancellation reason not matching our guarantee terms, you benefit from a partial reimbursement equivalent to 50% of the rental price.
- Any reimbursement has a deductible of 10% of the rental price in order to cover bank expenses (linked to your payments and reimbursement) and the cancellation process.
Full refund 45 days:
- Full refund of the rental price in case of cancellation of your reservation 45 days or more prior your arrival date, whatever your cancellation reason.
- Full refund of the rental price in case of cancellation of your reservation less than 45 days prior your arrival date for any justified reason as per tenant's cancellation policy. For any cancellation reason not matching our guarantee terms, you benefit from a partial reimbursement equivalent to 70% of the rental price in case of cancellation less than 45 days prior arrival and then 50% less than 30 days.
- Any reimbursement has a deductible of 10% of the rental price in order to cover bank expenses (linked to your payments and reimbursement) and the cancellation process.
Full refund 60 days:
- Full refund of the rental price in case of cancellation of your reservation 60 days or more prior your arrival date, whatever your cancellation reason.
- Full refund of the rental price in case of cancellation of your reservation less than 60 days prior your arrival date for any justified reason as per tenant's cancellation policy. For any cancellation reason not matching our guarantee terms, you benefit from a partial reimbursement equivalent to 70% of the rental price in case of cancellation less than 60 days prior arrival and then 50% less than 30 days.
- You benefit from a full refund of the rental price in case your cancellation is justified as per tenant's cancellation policy.
- For any cancellation reason not matching our guarantee terms, you benefit from a partial reimbursement equivalent to 70% of the rental price in case of cancellation 30 days or more prior your arrival date, and then 50% for any cancellation less than 30 days.
5.2 Tenant's cancellation procedure
To cancel a reservation, the tenant must address the company My home in an email with receipt acknowledgment using the following email address: email@example.com. Only such procedure allows the cancellation request to be addressed. The company My home in will then reimburse, if so, the tenant within a maximum of 30 days following the cancellation date.
Any cancellation by the tenant has the immediate effect of making the property available for rent.
5.3 Cancellation by the owner
In theory, an owner cannot cancel a reservation. By entering into a rental contract with a tenant, he is committed to provide the accommodation booked for the agreed dates.
However, if an owner is obliged to cancel a reservation, he should contact the company My home in as soon as possible. Any owner having to cancel a booking agrees to proceed with the immediate refund of amounts he may have received and to assume the company My home in service fees. Moreover, the owner agrees to do everything possible to offer the tenant an alternative solution.
If the cancellation is made without a real and serious cause, the tenant has the opportunity to assert his rights against the owner under the terms of Article 1590 of the Civil Code.
The company My home in has no obligation to find for the tenant an alternative housing solution. However, the company My home in will do its best efforts to assist the tenant. The tenant hereby recognizes that the company My Home in cannot be held responsible for a cancellation for which only the owner is.
In the event that the tenant has found an alternative solution through one of the My home in / Very Dog Trip websites and accepts it, he then allows the company My home in to allocate payments previously made to the new reservation.
In the event that no acceptable solution is found for the tenant, the company My home in undertakes to reimburse the tenant for all sums paid provided that they are repaid to him by the owner in the case where the latter has already received a part of it as a down payment. No other refunds will be issued by the company My home in who is not a party to the rental agreement between the owner and tenant.
5.4 Cancellation by the company My home in
5.5 Special cancellation policy linked to COVID
The following conditions prevail on the standard cancellation policy defined in the present booking terms.
If, at the dates of the reservation, the government takes an administrative decision reflecting on a travel ban between the tenant’s residence and the location of the property rented, two possibilities are offered:
a) To define new travel dates, this is the easiest option for all the parties. There is no fee for moving a booking from its original dates. There is no additional payment unless the price that applies to the new travel dates is higher than the original price. In case the price is lower than the one applying to the original dates, you are refunded for the difference.
b) To cancel the reservation with no penalty. In such case, the refund is made the following way:
- 75% of the rental price is refunded by wire transfer;
- 25% of the rental price is refunded through a credit note. This credit note is valid for a period of 12 (twelve) months from the starting date of the stay originally booked and applies to any destinations. If the rental price has been partially paid at the time the reservation is cancelled, the value of the credit note issued cannot be inferior to 25% of the rental price.
By administrative decision reflecting on a travel ban, we hereby mean a full closing of the borders from country to country, a lock down of the entire country population at home, or a distance travel interdiction not allowing the tenant to move to the location of the place rented. Any other reason (such as closing of the restaurants, beaches, recommendation from the state not to travel, quarantine on arrival or return, etc.) are not taken into account and do not constitute a legitimate reason to cancel.
As "residence", we only take into account the address communicated by the tenant, meaning the person who made the reservation and his/her address at the time of the reservation. Even if the group is composed with several persons, having all different addresses, the only address taken into account is the one from the person who made the reservation.
In all the other cases than the one exposes in article 5.5 a), the standard cancellation policy linked to the property reserved applies.
If the government imposes lockdown, travel interdiction that can possibly affect the reservation or if the travel situation remains unclear, the owner has the possibility to cancel the reservation without any penalty. The tenant can refuse a cancellation from the owner but in such case, the tenant is no longer entitled to benefit from the COVID cancellation policy terms.
Prior applying this policy, tenant and owner commit to do their best to agree on alternatives travel dates.
The My home in company guarantees constitute an integral part of the present booking terms. Owners and tenants have access to the guarantees that apply to a property in the presentation page of the property but also in our dedicated pages for tenants and owners.
Please, note that only individual owners who have placed their ad themselves with the company My home in (and not through a real estate professional such as an agency or a conciergerie) can benefit from our owner’s guarantee.
Professional can also benefit from our owner’s guarantee subject to a specific agreement with the company My home in.
The company My home in guarantees are displayed by our guarantor partner who is the only one deciding on the admissibility of a request. Therefore, the company My home in cannot be held liable for any decision linked to the application of the said guarantees.
7. Usage of credit notes
In case a booking would be subject to a credit note (entirely or partially), this credit note can be used according to the following:
-The credit note is valid for a period of 12 (twelve) months from the starting date of the stay. This credit note can be used over this 12-month period for a new rental having an arrival date which is not later than the expiry date of the credit note.
- The credit note can only be used in the same proportion values versus the initial rental price. As for example: a credit note of 100€ has been issued over a stay that has a rental price of 400€. This credit note represents 25% of the initial rental price. If the tenant wishes to rent another property for a new rental price of 100€. The credit note can be used within a limit of 25% of this new rental, meaning for 50€.
8. Reservation modification
8.1 Modification requested by the tenant
Tenants and owners can request to change the dates of the booking. Both parties are respectively free to accept or not such a request for a reservation change. To request a change, the parties should get in touch through their My home in / Very Dog Trip account, using their mailbox. They should also send at the same time an email to the company My home in team: firstname.lastname@example.org.
8.2 Modification requested by the owner
The owner is not entitled to change a reservation without the tenant's endorsement. The owner should contact the tenant using the mailbox of his account. He should also inform the company My home in team in case this change is accepted by the tenant.
8.3 Additional charges
Additional charges may be applied if the rebooking implies an upgrading of the prices. In any case, a change in booking shall not result in full or partial reimbursement of the company My home in service fees.
9. Limitation of liability for the company My home in
The company My home in cannot be held liable for possible problems related to a stay to the extent that the reservation is part of a contract between the owner and the tenant, to which the company My home in is not a party. Any legal appeal linked with an issue during the stay shall be initiated, as the case may, against the owner or tenant, but in any way against the company My home in.
The company My home in is under no circumstances a party to these rental contracts and disclaims any liability related to agreements between the owners and tenants, users of My home in / Very Dog Trip websites, notably because the company My home in does not hold, does not sell, nor provide any property or any other travel service under its own name.
Cause beyond control: The company My home in cannot be held liable for any damage, loss, delay or problem related to circumstances beyond its control, including in the event of war, threat of war, riots, strikes, natural or nuclear disaster, epidemies, fire, airport closures, weather conditions, and failure to supply a network, as defined by the law applicable in the country concerned.
Consequently, within the limits of the law, the company My home in excludes:
- The conditions, warranties or other commitments derived from a legislative or regulatory provision;
- Any contract or tort liability (including negligence) for any direct, indirect or consequential damages suffered by a tenant or an owner in relation to a booking, including lost profits, loss of revenue or business receipts, contracts, clientele, planned savings or data loss.
As part of the services that My home in / Very Dog Trip websites are intended to give, the liability of the company My home in is limited to transmitting both the owner and the tenant their respective contact details once the rental agreement is concluded between them, as well as to ensure the safe collection of the rental price for the benefit of the owner and to allow both parties to access services displayed by third parties (in the present case the Guarantees).
The Company My home in is by no means responsible for the state of properties listed on its websites. The company My home in cannot have control over the properties, as well as their maintenance by their owners. The company My home in disclaims any liability related to ads, the provision of service by the owner or for any errors or omissions in the descriptions provided by the owners.All reservations are made at the tenant's own risk.
It is the responsibility of tenants and owners to take all necessary measures to ensure that the passwords for their user accounts remain secret to prevent abuses in the use of their passwords by any unauthorized person.In case of doubt about the potentially fraudulent use of a password, tenants as owners must notify the company My home in as soon as possible so that the user account can be blocked. The company My home in can be contacted by phone or though the following email address: email@example.com.
If all or part of any provision of these Terms is found by a court of competent jurisdiction or other competent authority as void, invalid or unenforceable for any reason, that provision or part of such provision shall be cancelled, but all other provisions will remain in effect as if such provision or part of that provision had never existed.
Each My home in user undertakes not to assign any of his rights or obligations under these Terms without prior written consent of the company My home in.
12. Mediation and Jurisdiction
In case of disagreement, owner and tenant hereby recognize the company My home in as a mediator. If the disagreement cannot be cleared, the present booking terms are governed by the French Laws and its jurisdiction.
By accessing any My home in / Very Dog Trip websites and using our services as a tenant and / or owner, you agree to be bound by these booking conditions that you acknowledge having read and understood. You agree to read the booking conditions regularly and acknowledge that the mere publication of these conditions on such sites as My home in / Very Dog Trip websites constitutes sufficient notification in the event of modification (s) of the latter.