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Owner's guarantees, terms and conditions

Dear owners, are presented below the cancellation terms and their guarantees of revenues among which you have made your choice while creating your ad on My home in Biarritz. We invite you to carefully read Section B relative to the owner's guarantees, their terms and conditions.

We hereby remind you that only individual owners having published their ads themselves (and not through a professional such as an agency or a conciergerie) on My home in Biarritz can pretend choosing among the guarantee of revenues exposed below. Professional can also benefit from those guarantees subject to a specific agreement made with the company My home in. Please, note that unless there is a specific agreement with My home in, professional ads are place under the Moderate policy.

My home in team and the one of our guarantor remain available to answer any question you may have.


A- Owner's revenue guarantee and cancellation conditions linked to the property


The guarantee of revenu and the cancellation conditions attached to it are the ones you chose while creating your ads or along the life of your ad on My home in Biarritz. Depending on your choice, they can be of different types as described below:

14 days revenues guarantee:

- With My home in revenues guarantee, you receive 100% of your rent in case of cancellation by your tenant less than 14 days prior arrival, excluding cleaning and linen costs and any other service than the rental of the property.

-For any reservation cancelled 14 days or more prior arrival, your tenant is refunded in full. For any cancellation less than 14 days prior arrival, your tenant benefit from a partial refund equivalent to 50% of the rental price.

- In case of application of My home in revenus guarantee, your payment is made on the arrival date assuming the property has not been rented to another party. In case this new rental is made through My home in, you benefit from My home in incentive fee from 10% to 15% of the rental price depending on the payment mode you choose.

30 days revenues guarantee:

- With My home in revenues guarantee, you receive 100% of your rent in case of cancellation by your tenant less than 30 days prior arrival, excluding cleaning and linen costs and any other service than the rental of the property.

- For any reservation cancelled 30 days or more prior arrival, your tenant is refunded in full. For any cancellation less than 30 days prior arrival, your tenant benefit from a partial refund equivalent to 50% of the rental price.

- In case of application of My home in revenus guarantee, your payment is made on the arrival date assuming the property has not been rented to another party. In case this new rental is made through My home in, you benefit from My home in incentive fee from 10% to 15% of the rental price depending on the payment mode you choose.

45 days revenues guarantee:

- With My home in revenues guarantee, you receive 100% of your rent in case of cancellation by your tenant less than 45 days prior arrival, excluding cleaning and linen costs and any other service than the rental of the property.

- For any reservation cancelled 45 days or more prior arrival, your tenant is refunded in full. For any cancellation less than 45 days prior arrival, your tenant benefit from a partial refund equivalent to 70% of the rental price and then 50% for any cancellation less than 30 days prior arrival.

- In case of application of My home in revenus guarantee, your payment is made on the arrival date assuming the property has not been rented to another party. In case this new rental is made through My home in, you benefit from My home in incentive fee from 10% to 15% of the rental price depending on the payment mode you choose.

60 days revenues guarantee:

- With My home in revenues guarantee, you receive 25% of your rent in case of cancellation by your tenant less than 60 days prior arrival. If your tenant cancels less than 30 days prior arrival, you receive 100% of your rent. This, excluding cleaning and linen costs and any other service than the rental of the property.

- For any reservation cancelled 45 days or more prior arrival, your tenant is refunded in full. For any cancellation less than 60 days prior arrival, your tenant benefit from a partial refund equivalent to 70% of the rental price and then 50% for any cancellation less than 30 days prior arrival.

- In case of application of My home in revenus guarantee, your payment is made on the arrival date assuming the property has not been rented to another party. In case this new rental is made through My home in, you benefit from My home in incentive fee from 10% to 15% of the rental price depending on the payment mode you choose.

Moderate guarantee:

- With My home in revenues guarantee, you receive 25% of your rent in case of cancellation by your tenant 30 days or more prior arrival. If your tenant cancels less than 30 days prior arrival, you receive 100% of your rent. This, excluding cleaning and linen costs and any other service than the rental of the property.

- Your tenant benefit from a partial refund of 70% of the rental price in case of cancellation 30 days or more prior arrival and then 50% for any cancellation less than 30 days prior arrival.

- In case of application of My home in revenus guarantee, your payment is made on the arrival date assuming the property has not been rented to another party. In case this new rental is made through My home in, you benefit from My home in incentive fee from 10% to 15% of the rental price depending on the payment mode you choose.

Strict guarantee (upon request to My home in):

- With My home in revenues guarantee, you receive 25% of your rent in case of cancellation by your tenant 60 days or more prior arrival. If your tenant cancels less than 60 days prior arrival, you receive 100% of your rent. This, excluding cleaning and linen costs and any other service than the rental of the property.

- Your tenant benefit from a partial refund of 70% of the rental price in case of cancellation 30 days or more prior arrival and then 50% for any cancellation less than 30 days prior arrival.

- This guarantee is subject to a 1% participation fee, added to the services costs.

- The benefit of this policy is subject to My home in team's approval in writing. If no request is made and approval obtained, your reservation will be subject to our 45 days guarantee.

- In case of application of My home in revenus guarantee, your payment is made on the arrival date assuming the property has not been rented to another party. In case this new rental is made through My home in, you benefit from My home in incentive fee from 10% to 15% of the rental price depending on the payment mode you choose.

Integral guarantee (upon request to My home in):

- With My home in revenues guarantee, you receive 100% of your rent in case of cancellation by your tenant. This, excluding cleaning and linen costs and any other service than the rental of the property.

- Your tenant benefit from a partial refund of 70% of the rental price in case of cancellation 30 days or more prior arrival and then 50% for any cancellation less than 30 days prior arrival.

- This guarantee is subject to a 1,5% participation fee, added to the services costs.

- The benefit of this policy is subject to My home in team's approval in writing. If no request is made and approval obtained, your reservation will be subject to our 45 days guarantee.

- In case of application of My home in revenus guarantee, your payment is made on the arrival date assuming the property has not been rented to another party. In case this new rental is made through My home in, you benefit from My home in incentive fee from 10% to 15% of the rental price depending on the payment mode you choose.

Standard guarantee:

- With My home in revenues guarantee, you receive 25% of your rent in case of cancellation by your tenant 30 days or more prior arrival, then 50% of your rent in case of cancellation less than 30 days prior arrival. This, excluding cleaning and linen costs and any other service than the rental of the property.

- Your tenant benefit from a partial refund of 50% from the rental price in case of cancellation less than 30 days prior arrival.

- In case of application of My home in revenus guarantee, your payment is made on the arrival date assuming the property has not been rented to another party. In case this new rental is made through My home in, you benefit from My home in incentive fee from 10% to 15% of the rental price depending on the payment mode you choose.


Important:

1. If you have not made any choice among the guarantees proposed, the 45 days revenues guarantee will apply by default.

2. In the event of cancellation, and up to 2 cancellations over a period of 12 rolling months, My home in Guarantee secures 100% of your income up to € 25,000 per reservation, at no additional cost. If you get more than 2 cancellation over a period of 12 rolling months, a franchise of 15% applies.

3. In case a new rental is made through My home in for the period cancelled, the owner can pretend to an incentive equivalent to 10% or 15% of the rental price. The incentive is equal to 15% of the rental price if the owner decides to convert it into a credit note to be used for his/her own travels through My home in. The incentive is equal to 10% if the owner wants to be paid (on the planned arrival date) through a wire transfer.

4. In the event of an epidemic or a pandemic duly recognized as such by national or international health authorities, our COVID Guarantee replaces My home in revenues guarantee that no longer applies.


B- Owner's guarantees - Terms and Conditions

Those conditions apply to any booking made from the 1st of January 2021.

1. Purpose

The purpose is to cover short term rentals of furnished properties (holiday cottage, bed and breakfast, room or apartment) whether the agreement has been concluded directly by the Owner or by a tourism professional. The coverage established in the presents Terms and Conditions can only be applied provided that all the provisions of the rental agreement (My home in booking terms) have been respected by the parties and that the deposit or down payment has been paid.

The guarantees presented by My home in Biarritz are displayed by our guarantor as defined in Article 10, who is the only person responsible and able to make decision on a guarantee request that you would presented.


2. Territoriality

The Coverage is only applicable for rentals of properties located in mainland France.


3. Effective date and duration

The guarantee applies to any property rental with a duration that does not exceed 90 days.

The cancellation guarantee applies until the first day of the rental (key holding).

The interruption of stay guarantee applies from the first day of the rental (key holding) until the last day of the rental (key holding).


4. Risk

Events that call into play the coverage must occur after the rental reservation date or not be known to the Tenant on the day of the reservation. Failing that, the guarantor shall have the right to oppose the no risk scheme and refuse to cover it.


5. Definitions

The words or terms appearing hereinafter and starting with a capital letter will have the following meaning throughout the contract:

Health problem:any change in health or any unintentional bodily injury suffered by the victim, resulting from a sudden and external event which is verified by a doctor of medicine and requires the cessation of any activity, professional or otherwise, requiring the appropriate care and forbidding the insured party from:

- leaving home or the holiday destination or the hospital facility where the person concerned is being treated or

- the activity which is the purpose of the themed stay reserved.

Insured Party / You: natural or legal person who is the beneficiary of the coverage.

Insurer / Guarantor /Us: the company or its representative mentioned in Article 10 below

Partner: person joined through marriage or a civil partnership with the Insured Party or commonly regarded as forming a couple with the Tenant, and living under the same roof as the Tenant.

Damages from water and frost:damages caused by accidental water leaks or floods resulting from any devices using water or a heating system or by frost.

Skiing area: mountain area where you can ski and undertake other sporting activities, sliding or otherwise, on the snow during the winter season, including marked trails and off-piste in the vicinity, meaning accessible via ski lifts and returning through gravity to the skiing area in accordance with law no. 2016-1888 of the 28th of December 2016, known as the Mountain Law.

Serious material damages: Damages from water and frost, Fire, Explosion, Theft making the concerned property unusable.

Personal injuries: any physical or mental harm suffered by a person.

Consequential immaterial damages:any damage other than personal or material damage involving fees and monetary loss resulting from the deprivation of enjoying a right, the interruption of a service rendered by a person or a property, or the loss of a benefit and following covered Personal injuries or Material damage.

Material damages: any violation, deterioration, alteration, loss or destruction of a thing or substance, any physical harm done to animals.

Explosion: sudden and violent action from the pressure or reduction of pressure of gas or vapor. Explosions or implosions of any kind are covered.

Excess: the remaining sum borne by the Insured Party in the event of an Accident.

Fire: combustion with flames outside of a normal household.

Tenant: any natural person designated (surname, first name, address) on this rental agreement. The Tenant cannot be the Owner, Bare-Owner, free-of-charge occupier or beneficial owner of the rented property.

Near relations: Partner, ancestors or descendants up to the second degree, parents-in-law, brothers and sisters, brothers-in-law and sisters-in-law, sons-in-law and daughters-in-law, uncles and aunts, nephews and nieces.

Owner: natural or legal person in possession of a property, allocated for holidays, which they offer, directly or via an intermediary, for rent for a tourism clientele.

Incident: a random event likely to invoke the benefits of this agreement. If the Incident has several causes, only the first causes produced or cited by the Insured Party will be retained. The damages, regardless of their spread over time, having the same cause and the same origin, constitute one single Incident.

Balance due: difference between the total amount of the reserved holiday and the amount of the down payment or the deposit already paid at the time of the Incident.

Policyholder: contract signatory established under this name in the Specific Terms and Conditions.

Third Parties: natural or legal persons other than:

- the Tenant and their Near Relations,

- the Owner and their Near Relations,

- any Party to this contract,

- their employees or associates.

Disrepair: depreciation resulting from the use, wear and tear, maintenance or years of service of the property.

Theft: fraudulent dispossession of an insured property.


6. Owner's guarantees

Incident: Our owner's guarantees are displayed by our guarantor. Our guarantor being French and having place the guarantees displayed under French law, we kindly ask you to refer to this page to have a clear understanding of the terms and conditions of the guarantees.

6.1 Cancellation by the tenant

In the event of cancellation by the Tenant of his stay, we will compensate you in accordance with the income guarantee that you have chosen. The guarantor retains the right to recourse against the Tenant in whole or in part of the Balance due, in particular to proceed by any means at it convenience to the collect the sums paid to the Owner.The other clauses of this agreement, guarantees and exclusions in that they are not contrary to the following stipulations continue to apply.

6.1.1 Relocation

In the event of relocation of a canceled stay, we will compensate you for any relocation costs incurred up to a limit of 15% of the amount of the price of the new rental. The amount of the relocation is deducted from the compensation for the deposit and / or Balance due. We reserve the right to carry out any checks we deem useful.


6.2 Owner civil liability

During the period of stay provided for in the rental contract, we cover the financial consequences of the liability that the Owner may incur due to bodily injury, property damage and consequential non-property damage caused to the Tenant due to the equipment and / or furniture belonging to to the Owner.

This coverage is enforced in addition to or in the absence of the Owner's personal insurance covering these same risks, damages or liabilities..

6.3 Resort civil liability (of the tenant)

The Resort Civil Liability coverage is acquired only in addition or in the absence of any Civil Liability insurance taken out elsewhere by the Tenant. In the event of Fire, Explosion, Water damage and frost and glass breakage occurring in the property rented by you, we cover:

6.3.1 Rental civil liability

The monetary consequences of your liability, under Articles 1732 to 1735 of the Civil Code, for property damage and consequential non-property damage caused to movable and immovable property belonging to the Owner.

6.3.2 Legal actions by neighbors and third parties

The monetary consequences of your liability, under Articles 1240 to 1242 of the Civil Code, for property damage caused to neighbors and third parties, and for which the rental liability guarantee above has been applied.


7. Coverage exclusion

1. The following are not guaranteed in all cases unless otherwise stipulated:

- damage directly or indirectly related to:

o epidemics and pandemics recognized by national or international health authorities which are the subject of a declaration of public health emergency or leading to a public health policy involving constraints and restrictive measures in terms of movement of populations and health treatment ,

As such, we remind you that the COVID cancellation conditions, if applicable, supersede any other cancellation or warranty conditions attached to your property. To read it again, we invite you to consult [# lien-83 #] our dedicated page [# lien-83 #].

o foreign war and civil war,

o all the direct or indirect effects of explosion, release of heat, irradiation resulting from transmutation of atomic nuclei or radioactivity or from exposure to any substance or contamination of a biological or chemical nature,

o Claims due to alcoholism, drunkenness, drugs, drug use, use of non-medically prescribed drugs

o any intentional act of the Insured or his suicide or attempted suicide,

o practicing a sport as a professional as well as air sports, bobsleigh, skeleton, rock climbing, ice hockey, scuba diving. - absence of hazard, - thermal cures, - administration fees, cleaning fees, tourist tax appearing in the rental contract, as well as the insurance premium, airport taxes (reimbursed by the carrier or any collecting body) and visa fees are non-refundable.

2. Note that only private owners benefit from My home in coverages. Professionals (rental agencies, concierge services) are de facto excluded, unless there is a specific agreement with the My home in company.


8. Procedure to follow

8.1 Obligations

You must:

- immediately take all the necessary measures to limit the extent of the damage and to protect your property,

- provide us through My home in all the information necessary for the finding of damage and the determination of their amount,

- inform us of the Accident under the conditions set out below.

8.2 Obligations

The declaration must be made to My home in by email with acknowledgment of receipt by registered mail. My home in is responsible for relaying this information to the partner that provides coverage.

8.3 Reporting deadlines

Except in case of an Act of God or force majeure, you must notify us of the Accident within 5 working daysafter you have obtained knowledge of it. If the Accident is not reported within the prescribed time and if we establish that this delay has caused us any harm, we may invoke the forfeiture of the coverage, unless your delay results from an Act of God or force majeure, in accordance with in Article L. 113-2 of the Insurance Code.

If the other obligations provided for above are not complied with (except for an Act of God or force majeure), we can claim from you a proportional compensation corresponding to the harm we have sustained. Your right to coverage will be denied if, with knowledge, you:

- make any false statements about the date, nature, causes, circumstances or consequences of an Accident,

- intentionally use inaccurate documents as proof or use fraudulent means,

- do not report the existence of other insurance covering the same risk, - fail to inform us of the recovery of stolen goods.

8.4 Reporting deadlines

It is your responsibility to prove your claim for compensation with documents establishing the materiality of the facts.

As such, you must send us:

- upon reporting of the Loss:

• The lease agreement,

• A letter or email specifying the date, nature and exact circumstances of the event,

• Any objective document that documents the event that gave rise to the Loss (medical certificate, death certificate, etc.).

- upon receipt of our acknowledgment of receipt: the additional supporting documents which will be requested from you. We reserve the right to request any other additional document to assess the merits of your claim.

We inform you that our coverage partner reserves the right to deny your request if the facts reported do not justify the application of the coverage.

8.5 Appraisal

Damage to insured property is appraised by mutual agreement or failing that, by an amicable expert opinion, subject to the respective rights of the parties. Each party chooses an expert.

If the experts thus appointed do not agree, they appoint a third expert. The three experts operate jointly by majority vote. If any party fails to appoint its expert, or for the two experts to agree on the choice of the third, the appointment is made by the competent judicial authority. This appointment is made on simple request signed by both parties, or only one, after the other party has been called to meet by registered letter.

Each party pays the costs and fees of its expert. The fees of the third-party expert and the costs of his appointment, if applicable, are borne equally by the Insured and the guarantor.

8.6 Payment of compensation

Subject to the application of an exclusion or forfeiture of coverage, any insurance compensation is paid within ten (10) working days after a Loss is reported as soon as the coverage conditions are met and all of the supporting documents requested have been sent to us. Unless otherwise stipulated, payment of the indemnity will be made to the Subscriber who will distribute it among the beneficiaries of the coverage.

8.7 Coverage procedures

The coverages apply within the limits provided below:

Up to € 25,000 per booking.

Within the scope of Article 6.2, for bodily injury up to a limit of € 1,500,000 and € 50,000 for property damage. A 10% deductible of a minimum of € 50 is applied.

Within the scope of Article 6.3, for rental civil liability up to the limit of € 1,500,000 and € 50,000 for claims from neighbors and third parties. A 10% deductible of a minimum of € 50 is applied.


9. Miscellaneous

9.1 Subrogation

In accordance with Article L. 121-12 of the Insurance Code, the guarantor is automatically subrogated to all rights and actions of the Insured, up to the amount of insurance indemnities paid.


9.2 False reports

IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE L. 113-8 OF THE INSURANCE CODE, ANY INTENTIONAL FALSE REPORT BY YOU OF A NATURE TO CHANGE OUR OPINION OF THE RISK CAUSES THE COVERAGES TO BECOME VOID, THE PREMIUMS RECEIVED REMAINING FULLY ACQUIRED FOR DAMAGES. IN THE EVENT OF FAILURE TO DISCLOSE OR OF ANY UNINTENTIONAL FALSE REPORT, THE PROVISIONS OF ARTICLE L. 113-9 OF THE INSURANCE CODE WILL BE APPLIED.

9.3 Cumulation of insurance

In accordance with Article L. 121-4 of the Insurance Code, any person who is insured with several insurers by several policies, for the same interest, against the same risk, must immediately inform each insurer of the other insurers. The Insured must, at the time of this communication, provide the name of the insurer with which other insurance has been taken out and indicate the sum insured. When several insurances are taken out without fraud, each of them produces its effects within the limits of the coverages and in compliance with the provisions of the Insurance Code.

9.4 Time Limitation

The time limitation is the period beyond which no claim is allowed. Any action arising from the contract is time barred beginning from the event which gives rise to it under the conditions provided for in Articles L. 114-1 to L. 114-3 of the Insurance Code. Of an insurance contract are time barred two years from the event that causes it. However, this period does not run:

1 ° In the event of failure to disclose, omission, false or inaccurate reporting on the risk incurred, only from the day on which the insurer became aware of it;

2 ° In the event of a loss, only from the day on which the interested parties became aware of it, if they prove that they were unaware of it until that time. When the action of the insured against the insurer is due to the legal action of a third party, the limitation period only begins from the day on which this third party brought legal action against the insured or was indemnified by the insurer.

The limitation period is extended to ten years in life insurance contracts when the beneficiary is a person other than the policyholder and, in insurance contracts against accidents affecting persons, when the beneficiaries are the beneficiaries of the deceased insured. For life insurance contracts, notwithstanding the provisions of 2 °, the actions of the beneficiary are time barred no later than thirty years from the death of the insured ”.

Article L. 114-2 of the Insurance Code: “The time limitation is interrupted by any of the ordinary causes of interruption of the time limitation and by the appointment of experts as a result of a loss. Interruption of the limitation period for the action may, moreover, result from the sending of a registered letter with acknowledgment of receipt sent by the insurer to the insured regarding the action for payment of the premium. and by the insured to the insurer with regard to the payment of the indemnity. The ordinary causes of interruption of the time limitation (Articles 2240 et seq. of the Civil Code) are: the acknowledgment by the debtor of the right of the person against whom he invoked the time limitation; legal action, even in summary proceedings; a precautionary measure taken in application of the code of civil procedures for enforcement or any act of specific performance; the notice referred to in Article 2245 of the Civil Code."

Article L. 114-3 of the Insurance Code: “By way of derogation from Article 2254 of the Civil Code, the parties to the insurance policy shall not, even by mutual agreement, change the duration of the limitation period, or add to the causes of suspension or interruption of this limitation." The ordinary causes of interruption of the limitation period mentioned in Article L.114-2 of the Insurance Code are those provided for in Articles 2240 to 2246 of the Civil Code, reproduced below: Article 2240 of the Civil Code: “The acknowledgment by the debtor of the right of the person against whom he invoked the time limitation interrupts the limitation period."

Article 2241 of the Civil Code: “Any legal action, even in summary proceedings, interrupts the limitation period as well as the foreclosure period. It is the same when it is brought before an court without competent jurisdiction or when the act of referral to the court is nullified by the effect of a procedural error."

Article 2242 of the Civil Code: “Any interruption resulting from the legal action produces its effects until the end of the proceedings.”

Article 2243 of the Civil Code: “The interruption is void if the applicant withdraws its request or allows the proceedings to expire, or if its request is finally denied."

Article 2244 of the Civil Code: “The limitation period or the foreclosure period is also interrupted by a protective measure taken in application of the code of civil procedures for enforcement or an act of specific performance."

Article 2245 of the Civil Code: "The notice made to one of the joint and several debtors by a legal action or by an act of specific performance or the acknowledgment by the debtor of the right of any person against whom it invoked the limitation interrupts the limitation period against all the others, even against their heirs. On the other hand, the notice made to one of the heirs of a joint and several debtor or the acknowledgment by such heir does not interrupt the limitation period with regard to the other joint heirs, even in the event of a mortgage claim, if the obligation is divisible. This notice or this acknowledgment only interrupts the limitation period, with regard to the other co-debtors, for the share for which such heir is liable. To interrupt the limitation period for the whole, with regard to the other co-debtors, it is necessary to give notice to all heirs of the deceased debtor or acknowledgment by all these heirs. "

Article 2246 of the Civil Code: “The notice made to the principal debtor or its acknowledgment interrupts the limitation period against the surety."

9.5 Law and applicable language

Pre-contractual and contractual relationships are governed by French law. The French language applies. Any dispute arising from the performance, non-performance or interpretation of the contract shall fall under the jurisdiction of the French courts.

9.6 Legal actions against responsible third parties

Any guarantor who has paid the coverage indemnity is subrogated, under the terms of Article L. 121-12 of the Insurance Code, up to the amount of this indemnity, in the rights and actions of the Insured against third parties who, by their act, caused the damage giving rise to the liability of the guarantor. However, this subrogation does not apply to fixed indemnities covered in the event of the death or permanent disability of the Insured.

10. Guarantor partner

Mutual insurance company, registered in the Paris Trade and Companies Register under number D 775 670 466, whose registered office is located at 47/49 rue de Miromesnil 75008 PARIS represented by Insurance brokerage company, 105 rue Jules Guesde CS 60165 92532 Levallois Perret Cedex, SAS with capital of 100,000 euros - RCS Nanterre 523 543 445 - NAF 6622Z - Orias 10 058 127.

11. Provision specific to seasonal rental professionals

Any professional can benefit from the coverage set out below subject to the conclusion of a specific agreement with the company My home in. Please note that professionals who have not made a specific agreement with the My home in company see their advertisements placed under the Standard Guarantee.