1. Acceptance of Terms
1.1 By registering, accessing our Site and/or using our Site and Services, whether or not you become a registered user, a person who lists or adds a property on our Site as available for a rental transaction (“Host”) and/or a person who requests a booking of a listed holiday rental property via the Site from a Host (“Guest”) (“User”, “You”, “Your”), these Terms apply between You and Vacedo and govern the terms of Your use as User of the Site and You agree to be bound by these terms of use, including the terms of our Privacy & Cookies policy (as referred to and incorporated herein pursuant to Section 11 below), (“Terms”), which You acknowledge to have read and understood. Please note, however, that the legal contract for the supply of accommodation and rental transactions is between Hosts and Guests and if You book accommodation with a Host through the Site, You will need to refer to and shall be bound by the booking confirmation and the booking conditions that will apply to that booking with a Host in relation to payment, cancellation and other related matters.
1.2 We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms at any time. You must review these Terms on a regular basis to keep yourself informed of any changes.
1.3 By using this Site, You agree that the posting of new or revised Terms (including the Booking Terms) on the Site shall constitute adequate and constructive notice to You of any and all revisions and changes. Continued use of the Service after any such changes or after explicitly accepting the new Terms upon logging into the Site shall constitute Your consent to such changes.
1.4 Unless otherwise agreed or specified, Vacedo does not charge Users any fee for accessing the Site as a User or listing a property on the Site. However, in the event a rental transaction is concluded between Guests and Hosts as a result of the use of our Site and Services, Vacedo does charge fees as further described in these Terms and the Booking Terms.
1.5 If there is an inconsistency between any of the provisions of this English language version and a translated version, the provisions of this English language version shall prevail. Any translated versions of these Terms shall be for convenience only.
2. Platform
You understand and agree that (i) the Site merely is a platform that enables You and other Users (i.e. Hosts and Guests) to connect and conclude rental transactions in respect of properties listed on the Site and, consequently that (ii) Vacedo is not itself a party to any rental transaction and disclaims all liability arising from or related to any such transactions to the fullest extent permitted by law. Vacedo’s role is solely to facilitate the availability of the Site and Services for Users and to provide certain services related thereto. We do not purchase, buy-in, own, sell, provide, furnish, rent, sublet, control or manage nor can We contract in our own name for the provision of any holiday rental property listed on the Site. The Site acts as a platform to allow registered Hosts to themselves offer and supply to Guests for rent a specific holiday rental space. Hosts may be either owners of any such holiday rental space or are persons, including professional property managers) who are duly authorised to arrange or enter into rental transactions of such properties direct with Guests.
We are therefore not a party to the actual rental transaction between Hosts and Guests and are not a contracting agent or representative of any Host. Rental transactions are only binding among the concerned Hosts and Guests, who are both solely and entirely responsible for their performance and Vacedo disclaims all liability arising from or in connection with such transactions. We encourage Users to communicate directly with one another regarding any bookings or listings made via the Site. Vacedo does not make any recommendations or endorsements of listed properties or Users of the Site and We assume no liability in respect of the condition of any listed property on our Site. Please refer the Booking Terms for more information regarding our role and liability.
3. Eligibility and Accounts
3.1 To register for a User account (an “Account”), go to the Site and provide the requested information. By registering, You represent and warrant that:
(a) You are eligible for an Account as set out in these Terms; (b) the information You include as part of the registration process and thereafter is accurate and not misleading. Accounts may be obtained and used only by persons who are at least eighteen (18) years old. Such persons may act on behalf of members of their group (if making a group booking) and/or their organisation or entity if they are authorised accordingly. Please note that You may view listed properties on our Site as an unregistered visitor, however, if you wish to book an accommodation or create a listing, you must first register to create an Account.
If at any time prior to clicking on the appropriate confirmation button or link, You (the Guest) decide that You do not wish to proceed with Your booking request, You should close the application window.
3.2 Upon obtaining an Account, You shall have access to the Service and the functionality that We may establish and maintain from time to time and in our sole discretion. We may add, delete or change some or all of the Service provided for free as part of the Account at any time. You will be notified of any charges and given the option to continue use or to terminate Your Account. You are responsible for paying all applicable taxes and for all hardware, software, service and any other costs that You incur to access Your Account. You may not transfer or share Your Account with anyone.
3.3 As a registered User, You further agree to update Your Personal Information (as defined in the Privacy Policy) if needed.
3.4 You agree to allow Vacedo to contact You on Your email address or phone number with personal communications related to your account, including but not limited to requests for booking, booking confirmation, notices and updates. You will be able to opt out of any future commercial communication at your convenience.
4. Account Restrictions
4.1 You agree to use Your Account for Your personal use only, and not to redistribute any of the content on this Website. You agree to comply with all applicable laws regarding use or access of Your Account. Any use of an Account to post
(a) false, outdated, misleading information;
(b) information that in our sole discretion is inappropriate to our Users (including, but not limited to obscene, libelous, slanderous or similarly inappropriate postings) or
(c) information in breach of the policies published on the Site are grounds for immediate termination of an Account.
4.2 You may not distribute unsolicited commercial messages (“spam”) through Your Account or take any other action that imposes an unreasonable or disproportionately large load on our infrastructure. At our option and without further notice, We (or our suppliers) may use anti-spam technologies that may terminate Your messages without delivering them or prevent messages from reaching You. We expect all of our Users to conduct themselves in a courteous, professional manner at all times. Personal attacks, “flaming”, defaming, and other forms of discourteous and unprofessional online conduct are grounds for the immediate suspension or termination of the offending user’s Account, in our sole discretion.
5. Content on the site
5.1 You understand and agree that all reviews, postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the User from whom such Content originates.
5.2 The Site provides unfiltered access to Content. You understand and agree that the Site only acts as a platform and that We disclaim all liability related to Content posted on the Site, whether arising under intellectual property laws, libel, privacy, obscenity, or otherwise. We cannot, nor do We undertake any obligation to, control the Content that is posted. By its very nature, the information on the Site is changed frequently, may be inaccurate and in some cases may be mislabeled or deceptively labeled. We do not make any representation or warranty, express or implied, as to the accuracy, timeliness, or completeness of such information, nor do We undertake to verify, update or correct such information. We recommend that You confirm all information You obtain from the Site as accurate and complete and up to date. We also do not make any representation or warranty, express or implied, regarding any posting or requests by Users. You agree that
any agreement between You and such individual or organisation shall be solely on the terms negotiated and agreed by You and Your counterparty and shall be done at Your own risk.
5.3 Vacedo grants Users a limited, revocable, non-exclusive license to access the Site to, as applicable, advertise holiday rental properties and/or research, view or make legitimate inquiries to Users regarding their interest in particular holiday rental properties for their personal use, all in accordance with these Terms.
5.4 Any other use of the Site is expressly prohibited. Importantly, this license does not include any right of collection, aggregation, copying, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent. “General purpose internet search engine” does not include a website or search engine or other service that provide classified listings or property rental advertisements, or any subset of the same, or which is in the business of providing holiday property rental services.
6. Your Content
6.1 Although Vacedo does not own nor control any of the Content that You post, You agree that, by posting Content on the Site, You automatically grant Us, and You represent and warrant that You have the right to grant Vacedo, an irrevocable, perpetual, non exclusive, fully paid, worldwide license to use, copy, perform, display, adapt, modify, distribute, to have distributed and promoted said Content, and to grant and authorise sublicenses of the foregoing. Furthermore, by posting Content on the Site, You automatically grant Vacedo all rights necessary to prohibit any subsequent aggregation, display, copying or exploitation of Content on the Site by any party for any purpose.
6.2 You are solely responsible for Content or any other information You provide, distribute, post, include, link to, or otherwise upload to the Site (“Your Content”), and You agree that We are only acting as a passive conduit for Your online distribution and publication of Your Content. We reserve the right (but not the obligation) to take any action with respect to Your Content if it's aginst our policy terms or provisions. You represent and warrant that Your Content and any content You request to receive (directly or indirectly):
(a) shall not infringe any copyright, patent, trademark, trade secret, or other proprietary right or right of publicity or privacy;
(b) shall not violate any law or regulation;
(c) shall not be defamatory or libelous;
(d) shall not be obscene or contain child pornography;
(e) shall not include incomplete, false or inaccurate information about Yourself or any information about any other individual;
(f) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
6.3 You understand and agree that Vacedo has no obligation to post any Content from You or anyone else. In addition, We may, in our sole discretion, edit, remove or delete any Content that You post or submit. In particular, We reserve the right to determine the final design, layout and functionality of our Site, which may involve the review, formatting and editing of such Content. In case You intentionally or negligently cause any loss or damage to Vacedo because of the design or positioning of such Content you are liable towards Vacedo You understand and agree to release Vacedo from any liability for any loss or damage resulting from the design or positioning of such Content, unless such loss or damage resulted from Vacedo’s willful misconduct or negligence.
7. Terms of Use particular to Hosts
7.1 As a Host, you may create or add listings and you will be asked a variety of questions about the holiday rental accommodation You intend to list, including, but not limited to, the location, features, availability of the accommodation and pricing and you may include certain terms or requirements which must be met by Guests as part of any potential rental transaction relating to Your listed property. More information on how to add such requirements is available on our Site. All accommodations must have valid addresses in order to be featured in listings on the Site. Your listings will be made publicly available via the Site and Guests will be able to book Your holiday rental property via the Site based upon the information provided in Your listing. You, and not Vacedo, are solely responsible for determining the rental price to be displayed in Your listing and any additional charges (for example, cleaning fees) to be included or factored into such price (your “Host Fee”). You understand and agree that once a Guest requests a booking of Your listed accommodation, the rental rate You have set for such booking request may not be altered. As a Host, You acknowledge and agree that You are solely responsible for any and all of your listings of holiday rental properties on our Site.
7.2 You warrant, represent and undertake that all and any listings You place on Our Site relate to available accommodation at an existing property and that You have all necessary rights and permissions, including without limitation, planning permission, or, if You are not the owner of such property, the express authorisation from the owner, to deal with the property, including creating listings related to it and offering it for holiday rentals.
7.3 In accordance with these Terms, if, as a Host, you add a property as available for rental on our Site, Your Use of the Site is a means of enabling You to connect or be introduced to Users who may become Guests for the purposes of concluding a rental transaction with You. Our Service to You as a Host shall include supporting and assisting you in listing, marketing, promoting and advertising Your property on our Site. However, as noted above, We cannot and do not in any way act as a contracting agent or representative for You as a Host, nor as a broker or insurer in each case, in relation to Your rental transactions which You conclude with Guests via the Site, but we can and shall act as your disclosed agent or intermediary in Your name and on your behalf in relation to handling or managing payment collection processes involving advanced payment and cancellation transactions with Guests, which processes are governed by the Booking Terms. Our Service to You as a Host in relation to the provision of information and email or messaging services shall also include assisting You in respect of communications with Guests through the Site, for example, in receiving, notifying and forwarding to You any booking requests or enquiries made through the Site by a Guest and in receiving and handling cancellation requests from Guests.
7.4 You acknowledge and accept that We do not consider that we act as a travel agent generally in relation to the provision of our Site and/or our Service or in respect of Your actual rental transactions concluded with Guests as We are not a party to such actual rental transactions and We do not buy-in, re-sell or provide accommodation or other travel services in our own name as mentioned in Section 2 above. However if, as a matter of law or in the opinion of any tax or other authority in any jurisdiction Vacedo is or could be considered a travel agent in respect of taking part in, or providing Services consisting of the intermediation in, the provision of accommodation by Hosts to Guests pursuant to a booking on our Site, You acknowledge and accept that in those circumstances and for the purposes of these Terms and rental transactions You have concluded with Guests, the Service supplied by us in taking part in the provision of accommodation listed on our Site and/or in facilitating or providing intermediation in the conclusion of such rental transactions, shall be supplied to You as Host, acting as Your disclosed agent or intermediary in Your name and on your behalf and not in any way in our own name, as We shall not and cannot be a Host. Any necessary modifications may be made to these Terms as a consequence of this provision or part thereof applying.
7.5 You agree that in the event You conclude a rental transaction with a Guest as a result of using our Site and Service, then, in consideration of providing our Services, including support, payment facilitation, and any other services as intermediary, as part of our Service as further described herein to You as a Host, Vacedo shall charge You a service fee, exclusive of any applicable VAT and similar sales taxes which may be charged in addition thereon, and in respect of which We may issue or be required to issue to You as a Host a valid VAT or similar sales tax or other invoice (or We may so issue to You at Your reasonable request). Such fee is based upon a percentage 8-12% of Your Host Fee in relation to Your listed property, and shall be indicated and disclosed in the Host section of the Site. The higher the subtotal, the lower the percentage.
7.6 Our Service to You in respect of payment facilitation and processing shall not include the collection of deposits or additional charges from Guests that are not included or factored in your Host Fee and Vacedo shall not be responsible for administering or accepting a request or claim from You related to such additional charges or payments and disclaims any liability in this respect. You will need to carry out a separate arrangement with Guests in respect of such charges and expressly state in the listing of Your property that additional charges in the form of a deposit or otherwise (for example, cleaning fees,
security deposit and late checkout fees) are required separately from the Guest (for example upon arrival or check-out) if such charges are not included or factored in your Host Fee.
7.7 Please note, however, that as Host, You are solely responsible for honoring any booking confirmation sent to a Guest and for supplying and making available and providing Your listed property on the Site to the Guest on such terms, conditions, rules and restrictions as you have set and agreed with the Guest. As a Host, You acknowledge and agree that You are responsible for Your own acts and omissions and for the acts and omissions of any individuals (other than Guests and members of the Guest’s party) who reside at or are otherwise present at Your rental property. Each Host is solely responsible for compliance with laws, rules and regulations, including any tax and VAT requirements (see also the next provision below) and in respect of any conflict with or breach of rights of third parties. We recommend that Hosts obtain appropriate insurance for their rental properties listed on the Site.
7.8 Please also note You are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Vacedo cannot and does not offer Tax-related advice to any Users of our Site and Service. Additionally, please note that You are responsible for determining and/or paying any local VAT or similar indirect sales Taxes and/or for factoring in or including such VAT and taxes into your Host Fee or satisfying such obligations relating to applicable Taxes in adding a listing on our Site or in respect of our Fee as charged or invoiced to You or otherwise, particularly if You consider that you are in business in using the Site and/or, for example, you are a professional property manager or You rent property on a regular basis to generate income. You may also be required to issue an invoice, including without limitation, a valid VAT invoice to Your Guest in respect of your Host Fee and any additional charges whether or not included in your Host Fee. You should in any event consult your tax advisor.
7.9 Upon registering as a User as an intended Host, Hosts acknowledge and accept that Vacedo shall assume, and be entitled to assume, that You are in business/a taxable person/carrying on an economic activity and/or VAT registered, in the place/country where Your address details as provided to Us are located, unless and until You tell and confirm to Vacedo by email or otherwise that You consider that You are not in business etc. or that You are usually resident or spend most of Your time in another country. Hosts further accept and acknowledge that We may contact You to require details (acting reasonably) of Your VAT registration number (if any) or otherwise copies of reasonable commercial evidence or records, for example contracts, business letterheads, a commercial website address, publicity material, certificates from fiscal authorities, in each case, which You shall provide or procure to provide within your power or ability to do so. A digital certificate from a reputable organisation can also be accepted for this purpose.
7.10 If Your listed property is requested by a Guest via our Site, you will be required to either confirm or reject the Guest’s request within 24 hours of that request, after which
the booking request shall automatically expire. If, as a Host, You confirm that Your listing is available and a Guest’s booking is subsequently accepted and confirmed by You through our Site, You will receive Your Guest’s relevant contact details (including phone number) from Us and We will also forward Your contact details to the Guest. Once such contact details have been provided, all communication including concerning details and information about the rental transaction should be direct between You and Your Guest through our Site as facilitated by our Service where required/applicable.
7.11 We shall hold all monies collected by Us from Guests upon a booking confirmation, subject to a duty to transfer or account to You in respect of such monies (provided always that You have honored such booking), which we shall pay to You by bank transfer or, for Euros payments only, PayPal transfer, in the currency you have set for the relevant property, less our Fees as described above. You acknowledge and agree that we shall be entitled to deduct and retain our Fees from such monies collected. We shall generally initiate the payment to You of all net monies collected from Guests which are due to You within two business days of the planned date of Your Guest’s check-in at Your listed property (and We shall have no further commitment to You under these Terms), subject to any other arrangement as may be agreed between You and Vacedo. Vacedo reserves the right to pay You in installments if the duration of the stay exceeds 21 days. If You do not honor a booking, You may lose Your entitlement to Your Host Fee and We reserve the right to retain the corresponding funds collected in order to refund the Guest as also referred to further in the Booking Terms.
7.12 Guests can cancel their booking at anytime, but always accordingly to the cancellation policy that You have selected as a Host. In the event a Guest cancels, We shall transfer to You the monies collected by Us from such Guest, less our Fee, in accordance with Your selected cancellation policy.
7.13 As a Host, You should not cancel a confirmed booking. If however, exceptional circumstances require You to cancel a booking, please contact us for assistance in relation to Your communications with the Guest. Please also refer to the Booking Terms in this respect in terms of refunds payable to Guests.
7.14 We reserve the right to cancel any booking at any time for security or fraud-protection purposes. This is generally due to our fraud-detection processes reporting a problem with the payment card submitted. In such cases the cancellation policy that you have selected will not apply and you will receive no payment for the cancelled booking.
8. Terms particular to Guests
8.1 As a Guest, in addition to these Terms (including Section 7 above), please refer to the Booking Terms which sets out further details of the booking request process, the manner of collection of payment from Guests and our fees. Guests are advised to carefully read the Booking Terms, the booking summary page and the booking confirmation, particularly in relation to the cancellation policy selected by the concerned Host.
9. Limitation of Liability
The Content and all other material displayed on the Site is provided without any guarantee.
Conditions or warranties as to its accuracy. To the extent permitted by law, We hereby exclude:
(i) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
(ii) any liability for any direct, indirect or consequential loss or damage incurred by any User in connection with the Site, any websites linked to it and any Content and other materials posted on it including loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; and loss of goodwill, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
Although these Terms of Use require Users to provide accurate information (see section 6 above under Your Content), We do not attempt to confirm, and do not confirm, any User’s purported identity. You are responsible for determining the identity and suitability of others who You contact via the Site or allow into Your listed property. We will not be responsible for any damage or harm resulting from Your interactions with other Users.
10. Release and Indemnity
10.1 BY USING THE SITE AND/OR SERVICES, YOU AGREE THAT ANY LEGAL REMEDY OR LIABILITY THAT YOU SEEK TO OBTAIN FOR ACTIONS OR OMISSIONS OF OTHER USERS OR OTHER THIRD PARTIES WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR USER OR USERS OR OTHER THIRD PARTIES WHO CAUSED YOU HARM AT THE EXCLUSION OF VACEDO TO THE FULLEST EXTENT PERMITTED BY LAW.
10.2 YOU SHALL INDEMNIFY VACEDO (AND ITS OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUBSIDIARIES AND SUCCESSORS), AGAINST ANY LIABILITY, DAMAGE, LOSS, EXPENSE, CLAIM OR COST (INCLUDING REASONABLE LEGAL FEES AND COSTS) SUFFERED BY VACEDO ARISING FROM OR IN CONNECTION WITH : (A) INFRINGEMENT IN OR BY ANY OF YOUR CONTENT OF ANY THIRD PARTY RIGHTS; (B) ANY DAMAGE, LOSS, EXPENSE, CLAIM OR OTHER COST SUFFERED BY ANY USER RELATING TO YOUR CONTENT, OR ANY HOLIDAY RENTAL YOU MIGHT OFFER OR BOOK VIA OUR SITE; OR (C) BREACH OF SECTION 4 (ACCOUNT RESTRICTIONS),
SECTION 6 (YOUR CONTENT) OR PARAGRAPH 2 OF SECTION 7 (TERMS OF USE PARTICULAR TO HOSTS).
11. Data privacy
Your privacy is very important to Us. By accepting this Agreement, You expressly consent to certain disclosures of Your Personal Information (as defined in our Privacy & Cookies policy) to Us and the other Users, as described in our Privacy & Cookies policy, which is incorporated to these Terms by reference.
12. Termination
In the event of a material breach by You of these Terms or the Booking Terms including but not limited to fraud by You, We may, in our discretion and without liability to You:
(a) terminate Your access to Our Service;
(b) deactivate or delete any of your Accounts and all related information and files in such Accounts as well as Your Content; and
(c) bar Your access to any of such files or Service. In addition, We reserve the right at any time and without any prior notice to remove or disable access to a listing of any holiday rental accommodation on the Site which in Vacedo’s sole discretion considers to be objectionable, in violation or breach of these Terms or Booking Terms, or otherwise harmful to the Site and/or Services.
13. Invalidity
If any provision or part of a provision, of these Terms is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provision or part-provision will be struck out of these Terms and the remainder of these Terms will apply as if the offending provision or part-provision had never been agreed.
14. Assignment
You may not transfer any of Your rights or obligations under these Terms without our prior written consent. We may transfer any of our rights or obligations under these Terms without Your prior written consent.
15. Applicable Law and Jurisdiction
15.1 These Terms and all matters arising out of or relating to these Terms (including non-contractual disputes or claims and their interpretation) shall be governed by the Greece to the extent that such law is not overridden by applicable mandatory law, for example local consumer protection laws applying to You.
15.2 Any claim or dispute arising out of or relating to these Terms shall (including non-contractual disputes or claims and their interpretation) shall be subject to the non-exclusive jurisdiction of the Greek courts. If You are a consumer, You may elect to bring a claim in the court of Your country instead.
16. Questions
If you have any questions about these Terms, please contact Vacedo.
17. Mangopay
Framework Contract for Payment Services using
MANGOPAY Electronic Money
This agreement is important and you should read it carefully. It creates a legally binding agreement between you (hereinafter referred to as “You” or the “User”) and MANGOPAY S.A. (hereinafter referred to as the “Issuer”) relating to the use of Electronic Money issued by MANGOPAY S.A. as a means of payment on the Website.
MANGOPAY S.A. is a public limited liability company incorporated under Luxembourg law, with a share capital of 2.000.000 euros. The Issuer is listed under number B173459 in the Luxembourg Trade and Companies Register. The Issuer is authorised to conduct its business in certain European Member States under the freedom of establishment, as an electronic money institution approved by the Luxembourg Financial Sector Supervisory Commission, whose address is at 110 route d’Arlon L-1150 Luxembourg and whose website is at: www.cssf.lu.
You can contact the Issuer at its registered offices, which are at 59 Boulevard Royal, L-2449 Luxembourg, or by email at: [email protected].
References hereinafter to the “Parties” are a reference to you and the Issuer.
Warning
| Please carefully read these General Terms and Conditions for the Use of Electronic Money and the Financial Conditions communicated to you on the Website before accepting them. The Framework Contract is concluded in English and all communication between the Issuer and You will be in English. |
1. Definitions
For the purposes hereof, the words hereafter are defined as follows:
Account: Means an internal reference allowing the Issuer (i) to identify in its records each transaction involving the purchase, use and reimbursement of Electronic Money carried out on behalf of a User, and (ii) to determine the amount of Electronic Money available to the User at any time. The Account may under no circumstances be compared to a deposit account, a current account or a payment account.
Banks: Credit institutions that hold funds collected by the Issuer corresponding to the Electronic Money in circulation. The institutions selected are currently Barclays, Crédit Mutuel Arkéa and ING Luxembourg. The Issuer reserves the right to select any other credit institution based in a European Union Member State or in a State party to the agreement on the European Economic Area. The current list of the selected credit institutions is available upon request at MANGOPAY S.A.
Business Day: Means between the hours of 9am and 7pm on any calendar day, apart from Saturdays, Sundays and public holidays, in France, Luxembourg and in the host country indicated in the Special Conditions, on which the payment infrastructures of all these countries and the Banks are open for business.
Card: The bank, payment or credit card used by the User to pay to the Issuer the purchase price of the Electronic Money. This card belongs to one of the following networks: Visa, MasterCard, CB, Amex.
Distributor: Means the entity whose contact information is stated in the Special Conditions and who operates the Website. The Distributor prepares, facilitates and advises its customers, for the purpose of concluding the Framework Contract through the Website. It assists the customers for the duration of their relationship with the Issuer within the context of carrying out Payment Transactions, including Purchases and Reimbursements of Electronic Money. To this end, the Distributor provides each User with a dedicated user service for Payment Transactions carried out hereunder. The Distributor does not collect funds apart from those agreed in the Financial Conditions.
Electronic Money: Means the monetary value available at any given time that represents a debt payable by the Issuer to the User. Electronic Money is issued by the Issuer in exchange for the User’s delivery of the corresponding funds and constitutes a means of payment exclusively accepted by the Recipients. The Issuer stores the Electronic Money on its server in an Account opened for this purpose.
Financial Conditions: Means the document comprising all the fees paid by the User for the purchase, use and management of Electronic Money, as provided in the Special Conditions of Use.
Framework Contract: Means the General Conditions for the Use of Electronic Money and the Special Conditions for the Use of Electronic Money.
General Conditions of Use of Electronic Money: Means the present document.
General Conditions of the Website: Means the general conditions of use of the Website concluded between the User acting as a customer of the Website and the Distributor, including those conditions governing access to the Website.
Issuer: Means MANGOPAY SA, an issuer of Electronic Money licensed in Luxembourg by the Financial Sector Supervisory Commission under reference n°3812 and entitled to conduct business in the host country indicated in the Special Conditions. The Issuer is on the list of electronic money institutions available at http://supervisedentities.cssf.lu/index.html?language=fr#Home.
Login: Means the data required for the Issuer to identify a User in order to carry out a Payment Transaction, consisting of a user name (valid email address).
Order: Means the instruction given by the User to the Issuer in accordance with the procedure specified in the Framework Contract, for the purpose of carrying out a Payment Transaction and/or Reimbursement.
Payment Page: Means the secure page provided by the Issuer’s electronic banking provider.
Payment Transaction: Means the transfer of Electronic Money to the User’s designated Recipient on the Website.
Recipient: Means the recipient of Electronic Money, being any natural or legal person acting on their own behalf, selected by the User from among the clients of the Website, who receives Electronic Money as part of a Payment Transaction. Any Recipient can also become a User upon acceptance of the Framework Contract, subject to the Issuer's prior approval. In certain cases, the Recipient may also be the Distributor, in accordance with the Special Conditions.
Reimbursement: Means the transfer by the Issuer upon an Order from the User, of cashless payments corresponding to all or part of the available Electronic Money held by him/her, less any costs due.
Special Conditions of Use of Electronic Money: Means the form to be filled out by the User on the Website containing his/her personal data and the applicable Financial Conditions for Electronic Money.
User: Any natural or legal person acting on their own behalf and holding Electronic Money registered in an Account opened in their name, in order to carry out one or more Payment Transactions.
Website: Means the website operated by the Distributor with the aim of selling goods or services to Users or to establish links between Recipients and Users. The address of the relevant Website is indicated in the Special Conditions.
2. Purpose
These General Conditions of Use of Electronic Money set out the conditions under which the Issuer will provide You with a means to pay the Recipients that you choose through the Website.
The proposed means of payment must be consistently prepaid by the User and will not be subject to any advance, credit or discount. It is based on the Electronic Money issued and managed by the Issuer.
The Issuer has authorised the Distributor to offer this means of payment to customers of the Website, to facilitate the conclusion thereof and to assist the Users for the duration of their relationship with the Issuer.
These General and Special Conditions of Use of Electronic Money constitute the whole Framework Contract entered into between the Parties regarding the issue, use and management of the Electronic Money issued by the Issuer. The User can, at all times and without any supplemental fees, obtain a copy of these documents on the Website. Only the Framework Contract shall be valid in case of any dispute between the parties.
3. User Registration
3.1 Necessary preconditions for User registration
Any natural person of at least 18 (eighteen) years of age, with capacity to enter into legally binding contracts, as well as any legal person, resident of or registered in a European Union Member State or in a State party to the agreement on the European Economic Area or an equivalent third country that imposes the equivalent requirements regarding money laundering and the financing of terrorism, can request to open an Account, provided that they are a customer of the Website.
The User, a natural person, will be deemed to be acting exclusively for non-professional purposes.
3.2 Registration procedure and procedure for opening an Account
You must provide the Distributor with:
- - your surname, name, email address, date of birth and nationality (for natural persons); or
- - the name, corporate form, capital, head office address, business description, identities of associates and executives, as well as a list of beneficial owners as defined by the regulations (for legal persons),
if the Distributor is not already in possession of this information.
You must indicate a Login, consisting of a User name and a password, or connect via your Facebook account. You are solely responsible for the use of your Login and maintaining the confidentiality of your Login. You agree not to use the Account, name or Login of another User at any time, or to disclose Your Login to a third party.
You must protect the secrecy of your Login and password at all times and never disclose it to another person. You must take reasonable steps to keep Your Login and password safe and prevent fraudulent use of Your Account. For example, You should keep information relating to Your Account in a safe place, You should not write down your Login and password and You should take care to ensure that other people do not oversee or hear you using your Login and password.
You agree to immediately inform the Distributor in the event that You suspect any unauthorised use of Your Account or Login.
The Issue reserves the right to immediately suspend or withdraw Your right to make Payment Transactions where: the Issuer has reasonable grounds to believe that there may be a breach in the security of your Account, the Issuer suspects unauthorised or fraudulent use of Your Account or the Issuer is required by law. If the Issuer decides to take such action, the Issuer will notify You in advance, except where this is not possible, in which case the Issuer will inform You at the earliest opportunity. The Issuer will not inform You if it would compromise its reasonable security measures or is otherwise unlawful. If the reasons for the Issuer's actions cease to exist, the Issuer will reinstate Your Account or issue You with new account details as soon as practicable.
After carefully reading the Framework Contract, You must accept it in accordance with the terms specified on the Website and must provide all information and relevant documents requested by the Distributor. By accepting the terms of the Framework Contract, You agree that the Distributor may transmit Your application to register as a User to the Issuer, together with all supporting documents received.
Only the Issuer can accept the Your registration as a User and open an Account in Your name. The Distributor will notify You if the Issuer accepts Your registration in accordance with the terms specified on the Website.
The Issuer may, without stating reasons and with no right to compensation to You, refuse an application to register as a User and to open an Account. You will be notified of this refusal by the Distributor in accordance with the terms specified on the Website.
In addition, the Issuer reserves the right to ask You, before any registration and at any point in the duration of the Framework Contract, for supplementary information and identification data for the purposes of identity checks, as well as any supporting documents that the Issuer may deem necessary.
You confirm upon submission of Your request to register to the Distributor and throughout the duration of the Framework Contract that:
(a) (if You are a natural person) You are at least 18 (eighteen) years old;
(b) You are legally competent to enter into this agreement;
(c) You are acting on your own behalf and not for any other person; and
(d) all information that You provided during registration is true, accurate and up-to-date.
3.3 Account use limitations
At the Issuer’s discretion, a User who has not provided all the required documents as listed below may be expressly authorised by the Issuer to use his/her Account for the purchase of goods or services up to a limit of 2,500 Euros of Electronic Money held by a User within the same year, provided that this Electronic Money has not been subject to requests for reimbursement exceeding 1,000 Euros per year.
Upon receipt of all the documents listed below and provided that they are deemed satisfactory by the Issuer, the User may initiate reimbursements exceeding 1,000 Euros per year and hold an amount of Electronic Money exceeding 2,500 Euros per year. These Reimbursements will only be granted if the purchase or Reimbursement of Electronic Money is carried out to or from an account opened in the User’s name with a payment services provider established in a European Union Member State or in a state party to the agreement on the European Economic Area or in a third country that imposes equivalent requirements regarding money laundering and the financing of terrorism.
The documents required for any User who is a natural person in accordance with the above are as follows:
- A copy of an official and valid identity document1
- And, on request, a proof of residence which is less than 3 months old.
The documents required for any User who is a legal person in accordance with the above are as follows:
- An original or copy of an extract of the official register, less than three months old and stating the name, legal form, head office address and the identities of associates and executives;
- A certified copy of the statutes and any decisions appointing the legal representative
- a copy of the legal representative’s identity document1
It is expressly provided that the Issuer retains the right to request at any time additional documents regarding the User, the Recipient, the beneficial owner or any Payment Transaction or Reimbursement.
The Recipient is considered to be the recipient of the funds that have been transmitted by the User. Where appropriate, the Recipient agrees to provide his/her email address, date of birth and nationality, as well as the postal address of the person to whom the Recipient will pay the funds.
3.4 Communication between us
The Issuer will contact You using the contact details You provided when You opened Your Account, or any updated contact details You have provided to the Issuer. It is Your responsibility to update the Issuer with any new contact information, including a change in address. The Issuer will send any correspondence to most recent email address or postal address You have provided to the Issuer for Your Account. You must advise the Issuer promptly of any change to Your contact details in the interests of security (including name or address) and provide appropriate supporting evidence required by the Issuer.
You can contact the Issuer by telephone call to the customer service department of the Distributor at the number indicated in the Special Conditions. All contact should initially be directed through the Distributor. If You wish to contact the Issuer directly, please email [email protected]
4. Operation of the Account
4.1 Purchase of Electronic Money
Electronic Money can be purchased by Card (or any other means accepted by the Issuer), in one or more instalments.
To carry out such a transaction, You must Login to the Website and place a money transfer order via the dedicated Payment Page. For any payment, You may be asked to enter a single-use code on the Payment Page, which You will receive on Your mobile phone. By using the Payment Page and, where applicable, entering the single-use code, You are giving Your consent to the Payment Transaction.
The Issuer may refuse any payment at its sole discretion and without giving rise to any right to
1 Inside the EEA : passport, national identity card, driving licence, resident permit from third-country nationals in the European Union Outside the EEA: passport is compulsory, driving licence for USA and Canada accepted compensation. The transaction is carried out by Your Card issuer. Any dispute concerning such transfer must be notified to Your Card issuer. The Issuer is not entitled to cancel such a transfer. Notwithstanding the foregoing, You may receive a Reimbursement of Electronic Money in accordance with article 4.4.
The registration of Electronic Money in the User’s name is subject to the actual receipt of funds by the Issuer less the costs agreed in the Financial Conditions.
In the event that the transfer of funds is cancelled by the Card issuer following a dispute, for whatever reason, the Issuer may, upon receipt of the information, suspend or cancel any Payment Transaction, close the Account concerned, debit, at any time, the Account for the amount of Electronic Money corresponding to the funds of the cancelled transfer and recover the amount due from the User by any means.
4.2 Functioning of the Account
The Electronic Money is stored for an indefinite duration on the User’s Account by the Issuer under the agreed Financial Conditions.
The Electronic Money purchased is credited to the User’s Account, following the receipt of the funds transferred by Card (or any other means accepted by the Issuer). The amount to be credited is equal to such funds less the corresponding costs as provided in the Financial Conditions.
Upon the User’s Order, the Electronic Money corresponding to the amount of the Payment Transaction or Reimbursement is debited from its Account and the related costs, as provided in the Financial Conditions.
The Issuer is entitled, at any time, to reimburse an amount of available Electronic Money on the Account equal to the charges due and payable, as provided in the Financial Conditions.
The amount of Electronic Money available on the Account is automatically adjusted based on the Orders transmitted to the Issuer (or in the process of being transmitted), the Electronic Money issued, any charges due and payable and any cancellation of one of the aforementioned transactions hereunder.
4.3 The use of Electronic Money to carry out a payment Transaction
Before transmitting an Order, the User must be sure to have a sufficient amount of Electronic Money available to cover the Payment Transaction amount and the related costs as agreed in the Financial Conditions.
Where appropriate, the User must acquire a sufficient amount of Electronic Money in accordance with article 4.1 before an Order can be legitimately transmitted to the Issuer for execution. The Electronic Money may be issued and stored by the User, provided that the corresponding funds are duly received by the Issuer. The Electronic Money may in no way be issued on the basis of a credit granted to the User.
As such, if the amount of available Electronic Money, at the date of execution of the Order by the Issuer, is lower than the amount of the Payment Transaction (fees included), the Order is automatically refused by the Issuer. The information about this refusal is made available to the User on the Website. This refusal may give rise to additional fees in accordance with the Financial Conditions.
The transmission terms of an Order by the User are as follows:
When carrying out a Payment Transaction, the User logs on to the Website by entering his/her Login and password or by connecting through his/her Facebook account. The User completes the relevant form on the Payment Page and, where appropriate, provides the supporting documents requested by the Issuer. The form should include the following components: the Payment Transaction amount; the currency, which may only be the currency of the Electronic Money; the details required to identify the Recipient; the date of execution of the Order; and any other required information. The User then gives his/her consent to the Order and the Order becomes irrevocable when the User clicks on the validation tab on the form. The User then receives a confirmation email on a date referred as the ‘Date of Receipt’.
In certain cases, the User may fill in a single form containing the purchase of Electronic Money as provided in article 4.1 and an Order in compliance with the previous paragraph.
Execution of the Order
The Electronic Money is debited from the User Account to be credited to the Recipient Account, following the User instructions. As such, the Recipient may open an Account in accordance with article 3.2 in order to receive the Electronic Money if he/she is not already a User. Where appropriate, the funds corresponding to the Electronic Money transferred to the Recipient can be directly reimbursed to a bank account or a payment account opened in the name of the Recipient upon the receipt by the Issuer of the relevant account details. For this purpose, the Recipient must provide the IBAN number and SWIFT code of his/her bank or payment account as well as his/her address. This account must be opened by a bank or a payment institution, based in a European Union Member State or in a State party to the agreement on the European Economic Area.
It is agreed between the Parties that the Payment Transaction will be executed, at the latest, on the next Business Day following the Date of Receipt if the Recipient has an Account. If the Recipient does not have an Account, the Payment Transaction will be executed as soon as an Account is opened or on the date the Issuer receives the bank or payment account details of the Recipient to whom the funds are due.
If the Date of Receipt is not a Business Day, the Issuer will be deemed to have received the Order on the following Business Day.
4.4 Transmission and execution of an Order for Reimbursement
When the User wishes to transmit an Order for Reimbursement, the User identifies him/herself on the Website by indicating his/her Login and password or by connecting through his/her Facebook account. The User completes the relevant form on the Payment Page and, where appropriate, provides the supporting documents requested by the Issuer. The form must contain the following components: the Reimbursement amount, the currency, which may only be the currency of the Electronic Money, the date of execution of the Order and any other required information. The User then gives his/her consent to the Order and the Order becomes irrevocable when the User clicks on the validation tab on the form. The User then receives a confirmation email on a date referred as the ‘Date of Receipt’.
The Reimbursement of electronic money purchased by Card by a User will occur by crediting the Card used by the User to purchase such Electronic Money.
Where applicable, the Reimbursement will be carried out by money transfer to the bank account or payment account of the User (using the details for the relevant bank account or payment account already provided by the User to the Issuer (‘Date of Notification’). It is agreed between the Parties that the Reimbursement will be carried out, at the latest, on the next Business Days following the Date of Receipt or the Date of Notification as appropriate.
If the Date of Receipt is not a Business Day, the Issuer will be deemed to have received the Order on the following Business Day.
4.5 Withdrawal of an Order
An Order may not be withdrawn by the User after the date on which it is deemed irrevocable as indicated above.
5. Login objection, Transaction dispute and Reporting
5.1 Login objection
The User must inform the Distributor of the loss or theft of his/her Login, or misuse or unauthorised use of his/her Login or data as soon as he/she becomes aware of this fact in order to request that the Login be blocked. Such a declaration should be made:
- by telephone call to the customer service of the Distributor at the number indicated in the Special Conditions;
or
- directly by email through the contact form available on the Website.
On receipt of the notification, the Issuer, through the Distributor, will immediately block Your Account. The event will be recorded and time stamped. A time stamped objection number will be communicated to the User. A written confirmation that Your Account has been blocked will be sent to You by the Distributor by email. The Issuer is responsible for the file at an administrative level and retains all the data for 18 (eighteen) months. Upon written request by the User and before expiration of such a deadline, the Issuer will communicate a copy of this objection.
The Issuer and Distributor shall not be held liable for the consequences of any request to block Your account that is made by a person who is not the User.
An objection request is deemed to be made at the date and hour of its actual receipt by the Distributor. In case of theft or fraudulent use of the Login, the Issuer is entitled to request, through the Distributor, [a receipt or a copy of the complaint][information about the circumstances leading to the alleged theft or fraudulent use from the User who undertakes to respond as soon as possible.
5.2 Transaction Dispute
For any claim concerning Payment Transactions or Reimbursements executed hereunder by the Issuer, the User is advised to consult the customer service department of the Distributor or the address indicated for this purpose in the General Conditions of the Website.
If You notify the Issuer that the Issuer has incorrectly executed an Order, the Issuer will refund the amount of the