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Terms of Subscription


 Printable version
 Definitions
AKENA Technologies offers a range of services (hereinafter referred to as the "Services") enabling internet users to view, record and publish holiday rental property advertisements.

These Services are provided through several internet websites referred to collectively under the tradename, "MediaHols network". The list of these websites is published on the website: http://www.mediahols.com
 Use of the Services
The use of the Services is governed by the terms set forth below and is restricted solely to private individuals who own one or several properties (hereinafter referred to as the "User").
 User accounts
To gain access to the Services, the User shall be required to open a user account. The user account registration form shall be filled in completely and the User shall only submit information which is true and accurate.

The information submitted by the User during the registration process is published with their advertisements and is visible to Internet users who view said advertisements.

Any change in the information submitted by the User at the moment of registration which may affect the Services provided for herein, in particular changes in their address and telephone contact details, shall be promptly updated by the User.
 Nominal data
Pursuant to the provisions of the French Freedom of Information and Data Protection Act no. 78-17 of January 6th, 1978, the User is hereby informed that the information submitted during the registration process is required for the provision of the Services. The information submitted by the User is intended primarily for use by the Company to process the User's inquiries, propose personalised services and inform them of products and services proposed by the Company. Only information regarding the listings may be disclosed to third parties, and will only be used in efforts to improve the Service's performances.

AKENA Technologies is committed to its privacy policy and will not disclose Users' information, in particular their email addresses.

By law, the User is entitled to access, modify, rectify and/or delete any personal information they may have submitted. To exercise this right, simply contact us using this contact form.
 Publication of advertisements
Holiday rental property advertisements shall be published on MediaHols network websites for the duration of their validity period.

The User acknowledges and accepts that AKENA Technologies alone shall have the power of decision in matters concerning:

the layout of the information contained in the holiday rental property advertisements;
the actual information which is published;
the content of the MediaHols network websites proper;
the advertisements and Internet links displayed on the websites;
the order in which holiday rental property advertisements are published;
and more generally, the conditions in which advertisements are published.

The User also acknowledges that the conditions of publication may be modified by AKENA Technologies without notice and without incurring its liability.
 Rates
Prices are listed in the "Prices and payment" section and are subject to change without prior notice.
The prices shown are for the publication of an advertisement on MediaHols websites for a period of time established by AKENA Technologies (generally one year) and which cannot be changed by the User.
No refunds, either full or partial, will be issued for any reason whatsoever.
 Right of withdrawal
The User may, without justification, exercise their right of withdrawal at any time within 7 days of the date of creation of the advertisement, provided the advertisement has not yet been published. To exercise their right, the User shall inform AKENA Technologies of their decision by email, using the Contact page in the owner section.
 AKENA Technologies' obligations
AKENA Technologies shall:

1. Publish the User's advertisements on MediaHols network websites, unless it is unable to do so due to Force Majeure or to an event beyond its control;
2. Implement measures aimed at increasing the number of visits to network websites and improving the commercial impact of the published advertisements;
3. Provide owners with a support service, in particular through the maintenance of an online Help section and through email support;
4. Implement measures aimed at generally improving the network websites and the quality of service provided;
5. Not disclose the User's personal contact details to any third party.
 User's obligations
The User shall:

1. Submit personal details which are accurate and true;
2. Delete all obsolete publications;
3. Accurately describe the property(ies) being made available for rent, including any inconveniences;
4. Maintain the content of their advertisements and their owner account details up-to-date;
5. Reply to inquiries made through the websites.

The User shall refrain from using their holiday rental property advertisement as a means of promoting a commercial website, especially if such a website is devoted to holiday rental properties or tourism. The link to the "owner's website" displayed in each holiday rental property advertisement should point to a website which is unequivocally non-commercial in nature, and on which no more than 5 properties are advertised.

The User declares that they comply with any legal provisions governing the holiday rental property sector, and failing this, with accepted practices in this sector of activity.

The User accepts to receive cookies as well as the emails which are regularly sent by AKENA Technologies to inform the User of improvements to the service.

Additionally, the User grants AKENA Technologies the right to use and highlight their advertisements and content for the purpose of promoting the Services, MediaHols network websites and AKENA Technologies.
 Deletion, modification and non-renewal
AKENA Technologies reserves the right, after examination of the elements at its disposal, (i) to modify or delete advertisements or user accounts without notice, and (ii) not to renew advertisements or user accounts on the expiry of their validity period. This right may be exercised by AKENA Technologies in the following cases without incurring its liability:

1. Advertisements or user accounts whose content is found to be incomplete, illegal, fictitious, fraudulent or inconsistent with reality;
2. Users who have deceived or have sought to deceive holiday rental property customers or potential holiday rental property customers with regard to the nature of the property made available for rent;
3. Inconveniences not mentioned in an advertisement (noise; mould; foul odours; poorly maintained wall coverings; non-exclusive use of the property and its outbuildings and grounds; defective gates, doors and windows; water or gas leaks; defective furniture, heating or air-conditioning; defective household appliances, plumbing and sanitary installations; persistent pet hair/fur in unacceptable quantities; etc.);
4. Abuse or misuse of the proposed Services;
5. Holiday rental accommodations which do not conform to regulations in force, pose a threat to occupants' security, or fail to provide a minimum level of comfort;
6. Rental conditions which do not conform to regulations in force.

Similarly, AKENA Technologies may also exercise this right in the event of:

1. Complaints by one or several holiday rental property customers concerning the quality of an accommodation or rates deemed excessive in light of the services offered;
2. Advertisements which do not faithfully reflect the property being made available for rent or whose content is misleading.

AKENA Technologies reserves the right to (i) modify advertisements and user accounts, or (ii) not to renew advertisements and user accounts on the expiry of their validity period, without incurring its liability.AKENA Technologies may, after examination of the elements at its disposal, and without incurring its liability, delete the offending advertisements without notice, with the refund of an amount proportional to the remainder of the validity period.

The User is hereby informed that if their user account or advertisement(s) are deleted for one of the reasons mentioned above, they may not open another user account, or create further advertisements unless they are expressly authorised to do so by AKENA Technologies. In the absence of such authorisation, AKENA Technologies reserves the right to delete any new advertisement(s) or user account(s) created by the User, without incurring its liability.
 Security and reliability
The User acknowledges and accepts that, despite the measures adopted by AKENA Technologies, the specific nature of the Internet network is such that it is impossible for AKENA Technologies to provide an absolute guarantee as to the continuity of the Services, response times and the security of data transmissions.

The User acknowledges and accepts that the proposed Services may be interrupted for maintenance purposes, or in cases of force majeure or events beyond the Company's control or scope of responsibility.

AKENA Technologies may not be held liable in the event of malicious access to or use of the User's web pages, the MediaHols network, AKENA Technologies' servers or those of one of its technical service providers.

The User also acknowledges and accepts that the Services may contain errors of a technical or editorial nature which could lead to a loss of performance.
 Access and passwords
The User alone shall be responsible for the safeguard of the passwords and access codes they receive on opening their user account. It is the User's duty to take whatever precautions may be necessary to ensure their protection.

In the event of loss or theft, or if the User becomes aware of the use of their access code by an unauthorised third party, the User shall immediately notify the Company and cease using their user account.

The Company may not be held liable for the fraudulent use of passwords and access codes by unauthorised third parties.
 Copyright
All of the Services provided for herein are subject to French and international copyright and intellectual property laws.

The general structure of the Services, the images, sounds, textual and graphic content and all of the other components of the Services, with the exception of the information published by the User, are the exclusive property of the Company. The trademarks, tradenames, logos and other illustrations displayed on MediaHols network websites have, in some cases, been registered by the Company or by third parties and may not be used without the prior written approval of the Company or their respective owners.

To provide the Services, the Company exploits a protected database, in compliance with French law (Act no. 98-536 of July 1st, 1998).

This database was compiled and is used by the Company. The non-authorised extraction and/or use of the contents of this database is strictly forbidden and the authors of such acts may be held civilly and criminally liable. The Company reserves the right to initiate legal proceedings against any User who infringes this prohibition.
 Liability
The User acknowledges that they are acting on their own behalf, and assumes full responsibility for the content of their publications.

Additionally, the User attests that they are in possession of the required authorisations for the national and international publications of any images, texts and more generally any data which may be published through the Services provided for herein. The User shall assume full civil and criminal liability for the publication of such data, and such liability may be incurred in any proceedings initiated by third parties or the public authorities concerning their publications made through the Services.

The User acknowledges and accepts that they alone shall be responsible for the use they make of the Services and their content, whatever the nature of the latter, and of the information they publish through the Services. The User also acknowledges and accepts that the Company is under no obligation to check or guarantee the accuracy, legality, quality or reliability of their content, whatever the nature of the latter, published through the Services.

The User shall be responsible for their own computer hardware and for the use they make of the latter to gain access to and use the Services. Similarly, the User alone shall bear all direct and indirect costs associated with their gaining access to the Internet and to the Services, and with the use they make of the latter.

The User assumes full responsibility for any information, messages, images, and more generally, any content they may submit to the Company for publication. As such, the User shall fully assume, in full awareness of the implications, any civil and criminal liability for said publications, and shall alone be accountable in any legal proceedings which may be initiated by third parties or by the public authorities.

The User alone shall be responsible for any contacts they may make through the use of the Services.

The User hereby relieves the Company of all liability and holds it harmless against any court judgements which may be handed down further to the use of the proposed Services. The User also relieves the Company of all liability for any losses which may be incurred or caused by the User, either directly or indirectly, as a result of the latter's use of the proposed Services.
 Guarantee
The Services and information are provided "as is", with no guarantee other than the Company's affirmation that it will make full use of the resources in its possession to provide Services of quality. The User acknowledges and accepts that AKENA Technologies is bound by a best-effort obligation and give no guarantee whatsoever as regards the publication of the advertisements.

The Company guarantees neither the exhaustiveness, nor the accuracy, nor the perfect operation of the proposed Services, nor does it guarantee the absence of errors in the latter. The User acknowledges and accepts that the information placed at their disposal is neither complete nor exhaustive, and that it is their duty to check such information before use. Consequently, the User acknowledges and accepts that the Company may not be held liable for the proposed Services or information, and that the User alone is wholly responsible for the use of the latter.

The Company does not intervene in any way whatsoever in the transactions which may result from the use of Services. As such, the Company may not be held liable in the event of non-conformity, failure to enter into contract--whatever the nature, non-payment, failure to deliver and more generally any event arising out of the use of the Services. Moreover, the Company gives no guarantee as to the solvency, or the good faith, or the capacity of transacting parties.

The Company may not be held liable for any losses, whether direct or indirect, and due in particular to loss of clientèle, legal proceedings, disruption of business, loss of image, or loss of earnings, arising as a result of the quality or the specifications of the products and services provided by the User, or as a result of payment operations.

Neither the Company nor any one of its partners or agents may be held liable for the use which is made of the proposed Services.
 Acceptance
The use of the Services implies the unreserved acceptance of these terms.

The Company reserves the right to change, modify, add to or delete, without notice, any or all of the provisions of these general terms and conditions, and to assign, transfer or sub-contract, without notice, its rights and/or obligations hereunder. Under no circumstances may the User assign or transfer the benefits hereof to any third party.

In continuing to use the Services, the User implicitly accepts any modifications which may have been made.
©2003-2010 AKENA Technologies - All rights reserved
MediaHols - Holiday homes - Owner direct!