Terms and conditions
Terms and conditions of use
KASANATURE
The website www.kasanature.com (hereinafter: "the Site") is published by Kasanature, a non-profit association governed by the Law of 1901, domiciled in San Martino 20224 Lozzi.
Director of publication: Myriam Acquaviva
Contact email: info@kasanature.com
Contact phone number: 0630299528
The Site is hosted by the company OVH SAS, located at 2 rue Kellermann, 59100 Roubaix, France.
PREAMBLE
Kasanature is a platform for bringing together hosts and eco-responsible travelers, operated by a non-profit association.
The Site does not allow to make reservations of stays, the travelers being, for that purpose, redirected to the website of the selected host or to a reservation platform on which this host is referenced.
The Site thus enables travelers wishing to stay in eco-responsible accommodation to identify and get in touch with establishments that respect nature and the environment.
As a simple intermediary, Kasanature does not provide any accommodation service but simply allows Users to get in touch through the Site. Thus, Kasanature is neither a host nor an agent for the accommodation of tourists. When Users make or accept a reservation with a hosting provider, they are entering into an agreement to which Kasanature is not a party.
These Terms and Conditions of Use (hereinafter the "TOS") govern the Use of the Site by Users, whether they are hosts or travelers.
Use of the Site implies acceptance of these TOU. Kasanature reserves the right to modify the terms and conditions of these TOU at any time. In this event, the date of last update appearing at the end of the TOU will be modified.
ARTICLE 1: DEFINITIONS
"Advertisement" : refers to any Hosting offer published on the Site.
" Ethical Charter " : refers to the ethical charter of Kasanature describing the eco-responsible values and sustainable tourism to be accepted by any User wishing to access the services of the Site. The Ethical Charter is accessible here.
"User Account" : refers to the account created by a User on the Site to access the Services.
"Accommodation Contract" : refers to the contract concluded between the Traveller and the Host relating to the rules and conditions of reception applicable to an accommodation reservation.
"Accommodation" : means any eco-responsible accommodation referenced on the Site, meeting the criteria of the Ethics Charter.
"Hosting" : refers to the service provider offering Hosting through the Site, having all the qualities and authorizations required by French law to provide hosting services.
"Services" : designates the services of putting in contact proposed on the Site.
"Site" : refers to the site www.kasanature.com.
"Users" : refers to any user of the Site, over 18 years of age and legally capable, registered or not on the Site, whether or not he is a Traveler or a Host.
"Traveler" : designates any major physical person having adhered to the Ethical Charter, wishing to be put in relation with a Host through the Site.
ARTICLE 2 : REGISTRATION TO THE SERVICES
In order to access the Services, all Users must :
2.1. Join the Kasanature association by filling out the form dedicated to this purpose, this registration being free of charge.
2.2. Register by creating a User Account on the Website.
To do so, the User must :
- indicate a valid email address and fill in all the mandatory fields of the account creation form and validate the present TOS with a checkbox.
- choose an identifier and a password, the latter having to be as complex as possible and ideally contain letters, numbers and special characters. It is also recommended to change it regularly in order to avoid any usurpation of the User Account.
Only one and only one User Account is authorized per User.
Each User warrants to Kasanature the truthfulness and accuracy of the information provided when creating a User Account and publishing any Content on the Website.
Accordingly, Kasanature shall not be liable for any inaccuracy or irrelevance of any data or information provided by a User.
In the event of a change in such data and information, the User agrees to notify Kasanature as soon as possible.
In addition, each User is solely responsible for his or her personal login and password and agrees not to disclose them.
In the event that a User Account is used by an unauthorized third party, the User concerned by such unauthorized use agrees to notify Kasanature immediately, and Kasanature will use its best efforts to take appropriate action.
The User is informed and acknowledges that Kasanature may, at its discretion, request verification of the information provided during the creation of the User Account in the interest of transparency or for fraud prevention purposes. If User refuses to respond to such a request, User may be temporarily or permanently excluded from the Site.
ARTICLE 3: ACCESS TO SERVICES
3.1. DESCRIPTION OF SERVICES
The Site allows Users to access the following services:
- posting of a Hosting Ad according to the conditions defined in article 4.2 ;
- search for a Hosting and selection of Favorite Hostings ;
- putting a Traveler in contact with the selected Hosting Provider;
- evaluation of an Accommodation by a Traveller who has stayed there.
3.2. USE OF SERVICES
Before being able to benefit from the Services, the User must accept the Ethical Charter.
Access to the Website and the Services is free of charge for Users, as Kasanature does not receive any commission for Reservations made through the Website.
However, the User is free, if he or she wishes, to make a donation to Kasanature through the dedicated functionality of the Site under the conditions specified in Article 5.3 below.
The User undertakes :
- to use the Services and his User Account only for his own personal use;
- not to use the Site for illegal or fraudulent purposes or with the aim of harming others;
- not to compromise or disrupt the proper functioning of the Site in any way whatsoever;
- to interact with other Users with courtesy and benevolence ;
- to strictly comply with all legislation applicable to him/her when using the Site.
In the event of non-compliance with the Terms and Conditions of Use, the User is liable to suspension or even immediate closure of his User Account.
ARTICLE 4: CONDITIONS SPECIFIC TO HOSTS
4.1. INDEPENDENCE
The Host and Kasanature are and will remain completely independent of each other, each assuming the risks of its own performance and obligations.
Nothing in these TOS shall be construed to mean that Kasanature and the Hosting Provider are in any way subordinate to each other, or to any partnership, joint venture or agency.
The Hosting Company is free of any commitment of exclusivity with respect to the Site and remains perfectly free to announce its Hosting on another site or reservation platform.
4.2. PUBLICATION OF A HOSTING ANNOUNCEMENT
The Host, whose Accommodation meets at least three of the criteria of the Ethical Charter, has the right to publish an Advertisement on the Site in order to be put in contact with Travellers wishing to book a stay.
It is specified that the Site does not allow Travellers to make a Reservation, the Travellers being, for this purpose, either redirected either to the Website of the Hosting Company, or to a reservation site on which the Hosting Company is referenced, depending on the choice of the Hosting Company.
Any publication of Advertisements must respect the following process:
1) Login or creation of a User Account ;
2) Filling in all the mandatory fields related to the Ad: precise description of the Accommodation, price per night including all taxes, location, accommodation conditions, possible security deposit...
3) Indication of the Website of the Host, its email address or its contact page on social networks, allowing the Travellers to contact it and/or make a reservation;
4) Putting on line photographs of the Accommodation;
5) Validation of the summary of the Advertisement;
6) Acceptance of the TOS and the Ethical Charter by a check box;
Before being put online on the Website, the Ad must be accepted and validated by Kasanature.
Kasanature will use its best efforts to validate the Advertisements within 48 hours from the sending of the pre-validation email.
Kasanature reserves the right to refuse to publish an Ad if it appears, at its sole discretion, that a Hosting does not correspond to its selection criteria or that the Ad does not comply with the provisions of these TOS, without being held liable in any way whatsoever in this regard.
Similarly, Kasanature reserves the right to refuse the publication of an Advertisement whose content would be manifestly lawful, and in particular if such content would be contrary to the provisions of Article 6.1.
The Hosting Provider undertakes to update its Advertisement as necessary.
4.3. COMMITMENTS OF THE HOSTING COMPANY
The Host shall only offer for rent the Accommodation for which it has the right to rent. The Hosting Provider shall be personally responsible for any consequences that may result from the failure to comply with this obligation, and Kasanature shall not be held liable for any such consequences. Likewise, the Host agrees to comply with the laws in force applicable to the rental of accommodation and Kasanature cannot be held liable in the event of non-compliance with these laws.
The Hosting Company agrees to provide the Traveler with an Accommodation that conforms to the descriptions in the Ad.
The Hosting Company agrees that the proposed Accommodation complies in all circumstances with at least three of the criteria of eco-responsibility defined in the Ethics Charter.
The Hosting Provider who publishes photographs of the Accommodation in an Ad declares that it possesses all the necessary rights to these publications, Kasanature's responsibility cannot be engaged in any way in this regard.
The Hosting Provider authorizes Kasanature to reuse the photographs and content of its Advertisement on all media related to the promotion of Kasanature.
The Hosting Provider assures that the photographs of the Hosting are faithful and conform to this Hosting. The Hosting Provider further acknowledges the accuracy of the information published in the Advertisement and agrees to update it in the event of any change in the characteristics of the proposed Hosting.
The Hosting Provider is solely responsible for the content of the Ad and Kasanature cannot be held liable in case of non-compliance with the reality of any of the elements of the Ad.
The Host agrees to enter into a clear Accommodation Contract with the Traveler, including specific conditions of accommodation or cancellation and the amount of the deposit that may be requested.
The Host is informed that Kasanature may ask for information and carry out any useful checks in case of negative report of the Accommodation by a Traveller. The Host agrees to respond promptly to such requests from Kasanature.
Failure to comply with any of the provisions of this Article may result in the temporary or permanent suspension of the User Account of the concerned Host.
ARTICLE 5: CONDITIONS SPECIFIC TO TRAVELERS
5.1. RESERVATION OF AN ACCOMODATION
The Site does not allow Travellers to make a reservation directly, the Travellers being, for this purpose, redirected either to the Host's website or to a reservation platform on which the Host is referenced, depending on the choice of the Host.
The reservation of a stay is then made according to the terms and conditions freely determined by the Host and in accordance with the terms and conditions of the reservation platform that may be used.
As a simple intermediary, Kasanature has no control over the conditions of reservation of the Host or the collection of the price of a reservation and cannot be held liable in this respect.
5.2. EVALUATION OF AN ACCOMMODATION
Each Traveller has the possibility, at the end of his/her stay, to publish on the Site an evaluation of the Host and his/her Accommodation on the express condition that he/she has actually stayed there.
The evaluations are immediately published on the Site and visible on the presentation page of the Accommodation, without prior control by Kasanature, under the sole and entire responsibility of their author.
Any Traveler wishing to submit such an evaluation therefore agrees to have his or her comment :
- is sincere and objective;
- is intelligible and relevant to the subject matter being evaluated;
- does not contain any insulting, defamatory, discriminatory, pornographic, inciting to hatred or violence, or manifestly unlawful comments;
- does not contain any personal information that is not public (bank details, address etc...).
In the event that a fraudulent or illegal use of the rating system is reported to Kasanature, Kasanature reserves the right, at its discretion, to delete the disputed rating and/or permanently deactivate the User Account of its author.
5.3. MAKING A DONATION TO KASANATURE
Use of the Site is completely free of charge, as Kasanature does not charge any commission on reservations made by Travelers with the Hosting Providers.
The Traveler may, however, make a donation to Kasanature, in an amount freely determined by the Traveler, in consideration for the use of the Website.
It is specified that such a donation made on the Site is not eligible for tax reduction or tax benefits.
5.4. COMMITMENTS OF THE TRAVELER
The Traveller commits to respect the eco-responsible and sustainable tourism values described in the Ethics Charter and to adopt an appropriate behaviour that respects the place and the Lodging during his stay in an Accommodation.
By making a reservation with an Accommodation, the Traveler acknowledges and accepts that Kasanature will not be a party to the Accommodation Contract thus concluded between the Traveler and the Accommodation and that Kasanature can never be held liable in this regard.
The Traveller undertakes to read and accept without reservation the terms and conditions of reservation, cancellation, or refund of the Host and/or the reservation platform used.
ARTICLE 6: CONTENTS
6.1. USERS' RESPONSIBILITY FOR THE CONTENTS
The User may create, upload, publish, send, receive or store content of any kind on or via the Site, such as, in particular, text and photographs (hereinafter "the Content(s)").
The User acknowledges that he/she is solely responsible for the Content he/she publishes on the Site and agrees not to post, upload, publish, submit or transmit any Content that would be : (i) fraudulent, false, misleading or deceptive; (ii) defamatory, libelous, slanderous, obscene, pornographic, vulgar or offensive; (iii) inciting discrimination, fanaticism, racism, intolerance, hatred, harassment or harm to any individual or group ; (iv) violates or threatens or promotes violence or threatening acts against any person or animal; (v) encourages activities or the use of illegal or dangerous substances; or (vi) is contrary to these TOU.
6.2.KASANATURE'S LIABILITY FOR CONTENT
With the exception of Advertisements subject to prior validation, in accordance with the terms of Article 4.2, the Content published on the Site by Users is not subject to any a priori moderation.
As a content host, Kasanature cannot be held responsible for the legality and accuracy of the Content published on the Website by Users, and any publication of Content on the Website is the sole responsibility of its author.
In the event that a User believes that any Content published on the Website by another User is manifestly illegal, it is the User's responsibility to notify Kasanature, which will make its best efforts to respond promptly to such claim, in accordance with the provisions of Article 6 of the Law of June 21, 2014 on confidence in the digital economy.
Kasanature will use its best efforts to ensure that the photographs provided by the Hosting Providers are displayed on the Website as faithfully as possible to the originals. However, it is specified and accepted by Users that the photographs displayed in the Advertisements may differ slightly from the original images, in particular when they are non-digital digital images, or due to differences in the settings of the screens used to view them, and that Kasanature cannot be held liable in this regard.
The Host is solely responsible for the accuracy of the images and descriptions of the Hosting that it publishes on the Site.
Kasanature is not responsible for verifying the identity of the Host or the nature, conditions or existence of an Accommodation, and the Traveler must take all necessary precautions before making a reservation.
ARTICLE 7: ACCESSIBILITY TO SITE SERVICES
7.1. ACCESS TO THE USER ACCOUNT
Kasanature reserves the right to automatically deactivate a User Account without notice or compensation in the following cases:
failure to comply with any of the provisions of these TOU,
Acts contrary to the interests of Kasanature, in particular in the event of file hacking or any other behavior tending to an illegal or fraudulent use of the Service and Site content,
Issuance of false information during the creation of the User Account,
Any User may request the deactivation of his User Account at any time on the "Deactivation Request" tab provided for this purpose.
The deactivation of said User Account will then take effect within 48 hours.
In the event of deactivation, the data of the User Account concerned will be kept for a period of one year before being definitively deleted.
7.2. EVOLUTION OF THE SERVICE
Kasanature reserves the right to make any changes and improvements to the Site and these TOS at any time, without liability of any kind, as Kasanature deems necessary or appropriate, or in order to comply with changing laws.
The catalog of the Hosting proposed on the Site is evolving. Kasanature cannot be held responsible for the possible deletion of a Hosting from the catalog accessible on the Site.
7.3. ACCESS TO THE SITE
Subject to the provisions of this section, the Site is accessible 24 hours a day, 7 days a week, year-round.
Access to the Site requires a high-speed internet connection.
Kasanature cannot guarantee that the Service will be uninterrupted due to the technical difficulties inherent in the Internet network.
Therefore, Kasanature cannot be held liable, in particular, in the event of malfunctioning access to the Site and temporary slowing of the opening speed of the pages of the Site.
Furthermore, Kasanature will never be liable for any malfunction or deterioration of Users' computer equipment, in particular due to contamination by a virus.
Kasanature may be required to perform maintenance operations on the Site and it is understood that Kasanature will never be held liable in the event of temporary suspension of access to the Site or the Service for maintenance purposes.
ARTICLE 8: RESPONSIBILITIES OF KASANATURE
In its capacity as an intermediary, Kasanature cannot be held liable for any event or accident that may occur during a Traveler's stay with an Accommodation Provider.
Likewise, Kasanature is not liable in the event of :
(i) erroneous or inaccurate information communicated by the Host on the terms and conditions and/or modalities of a stay;
(ii) cancellation or modification of a reservation by a Host or by a Traveler;
(iii) a Traveller's claim for accommodation services provided by the Host.
In the event that Kasanature is held liable for failure to comply with any of its obligations, the User acknowledges that its liability will in any event be limited to the sum of 150 Euros and agrees that Kasanature will never be liable for indirect or consequential damages such as loss of profit, loss of contract, loss of opportunity or loss of image.
ARTICLE 9: INSURANCE
Kasanature encourages Hosting Providers to always carry specific insurance to cover any claims that may occur during a rental.
The Hosting Providers guarantee that the Accommodation(s) they offer on the Site are covered by insurance for the entire duration of the proposed rentals.
ARTICLE 10: INTELLECTUAL PROPERTY
All elements composing the Site (texts, videos, sound recordings, comments, trademarks, trade name, domain name, drawings, images, graphic charter, logos, photos, database, etc.) are strictly protected by intellectual property law and are the exclusive property of Kasanature and/or its commercial partners.
Any reproduction or representation, in whole or in part, of the Site and/or one or more of its elements is strictly prohibited without the prior written consent of Kasanature.
ARTICLE 11: PERSONAL DATA
Kasanature collects information about Users when they create a Personal Account. The information collected includes first name, last name, date of birth, e-mail address, postal address and telephone number. In addition, Kasanature automatically logs information from Users' computers and browsers, including their IP address.
This information is used to :
Execute the Services;
Improve the interface of the Services;
Contact Users by e-mail.
This processing is necessary to fulfill Kasanature's contractual obligations.
Kasanature is the sole owner of the information collected on the Site, which will never be sold, exchanged, transferred, or given to another company for commercial purposes without the User's express prior consent. Such data may, however, be entrusted to subcontractors of Kasanature for the proper performance of the Services, which are not authorized to use such data for purposes outside the strict scope of their mission or to sell, exchange or transfer such data to third parties.
The User's personal data may only be disclosed pursuant to a law, regulation or court order. Non-private data, i.e. data that does not allow identification may be provided to third parties for statistical, marketing or advertising purposes.
Kasanature implements a variety of security measures, such as encryption, to preserve the security of Users' personal information. Kasanature also ensures that any service provider or subcontractor it may use in connection with the collection and processing of such data has adequate safeguards in place to protect the confidentiality, use and protection of the data.
The User has the right to access, limit, rectify and oppose the use of his/her personal data transmitted on the Site. Any such request should be addressed to the Kasanature data controller and to the following address: Kasanature, San Martino, 20224 Lozzi or by sending an email to contact@kasanature.com.
All requests must be accompanied by a photocopy or scan of your identity document (identity card, passport, driver's license). Kasanature undertakes to respond to this request within a maximum of one month of receipt.
For any assistance in the execution of its procedures, the User may consult the CNIL's sample letters for requesting :
- Access to his personal data :
https://www.cnil.fr/fr/modele/courrier/exercer-son-droit-dacces
- The correction, updating, blocking or deletion of his personal data :
https://www.cnil.fr/fr/modele/courrier/rectifier-des-donnees-inexactes-obsoletes-ou-perimees
- The opposition to the processing of his personal data for a legitimate reason or when these data are used for commercial prospecting purposes :
https://www.cnil.fr/fr/modele/courrier/supprimer-des-informations-vous-concernant-dun-site-internet
ARTICLE 12: COOKIES
Kasanature reserves the right, in order to facilitate Users' browsing of the Site, to place cookies or similar files on their connection terminals.
The role of cookies is, in particular, to identify the User more quickly when logging in and to facilitate electronic communication. Cookies also allow Kasanature to use statistical data via the Google Analytics program.
Kasanature cannot guarantee the optimal functioning of the Website if the User refuses to accept cookies.
Any User may refuse to receive cookies from Kasanature by configuring his or her browser settings.
ARTICLE 13: AGREEMENT OF PROOF
Writing in electronic form shall be admissible evidence of the rights and/or obligations of the parties to these TOU.
The computerized records, kept in Kasanature's computer systems under reasonable conditions of security, are considered proof of communications, Reservations and payments made through the Site.
ARTICLE 14: HYPERTEXT LINKS
The Site contains hypertext links to third party sites, which are not under the control of Kasanature.
Consequently, Kasanature cannot be held responsible for the content of the linked sites or for the services ordered by the User or provided to the User through such third party sites.
However, if a User informs Kasanature that a link on the Site refers to a page whose content is manifestly illegal, Kasanature will make every effort to remove the disputed link as soon as possible.
ARTICLE 15: PARTIAL NULLITY
If one or more clauses of these TOU are held to be invalid pursuant to a law, a regulation or following a court decision that has become final, the other clauses will retain their full force and scope.
ARTICLE 16: APPLICABLE LAW AND JURISDICTION
These TOU are governed by French law.
Only French courts will be competent in the event of a dispute as to their interpretation and/or execution.
In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, in the event of a dispute that is not resolved after a prior request, the Non-Professional User has the option of referring the matter to the MEDICYS Mediation and e-Services Centre, whose contact details are as follows: 73 Boulevard de Clichy, 75009 Paris. The procedure for contacting the Mediator can be accessed at the following link: http://www.medicys.fr/.
The User can also go to the European Online Dispute Resolution Platform through this link: https://ec.europa.eu/consumers/odr.
Last update: June 2020