General terms and conditions for the use of KooKooning

 

We do hope that you will enjoy using KooKooning. You will find below the rules of good practice meant to ensure good relationships between users and a good experience on KooKooning.

 

KooKooning is available on the Web at: https://www.KooKooning.com and as an iOS and Android application, respectively on the AppStore and the Playstore.

 

Using KooKooning involves full acceptance of the General Terms and Conditions of Use (« GTCU ») below regardless of whether you signed up or not. Agreeing these GTCU on behalf of a partnership or a corporation involves that you have the right to represent and engage this legal person in accordance with these GTCU. Failure to comply with these GTCU may result in civil and criminal penalties.

 

To use some features of KooKooning you will be asked to accept additional terms and conditions. In case of inconsistency between these GTCU and those governing a specific section of the service, the latter shall prevail regarding your use or access to this section.

 

These GTCU may be modified at any time, KooKooning users are invited to consult them regularly and to refer to the "change history".

 

If you have any questions about the GTCU or functionalities, please contact our Support Team or use the "Help" button on the Website.

 

Kapt SAS ("Kapt") runs several websites and applications including KooKooning. It is Kapt's responsibility to define the GTCU governing the use of its services, including KooKooning.

 

 

Purpose

KooKooning's purpose is to link hosts (registered on the service) to travelers (registered or not the service) looking for a rental.

 

Using KooKooning implies that you understand and accept that Kapt has no control on the behavior of the users on KooKooning and that, within the limits allowed by law, as such, its responsibility could not be committed in case of dispute between users of KooKooning. Kapt is neither owner, nor supplier, operator of goods, insurer, broker or salesperson. Its role is only to link providers of rentals and travelers looking for an accommodation.

 

As explained above, Kapt does not vouch for the content, nor the state, nor the legality or suitability of accommodation ads available on KooKooning. Users therefore undertake their own responsibility and assume the risks involved by their booking on KooKooning. Kapt also recommends providers to take a suitable accommodation insurance.

 

 

Use

Ads consultation is freely accessible regardless of whether you signed up or not on KooKooning. However, to publish ads or to book an accommodation, you have to sign up first.

 

To be eligible to sign up for KooKooning, you must be at least 18 years old.

Thus by signing up for KooKooning, you warrant that you are 18 years old or older.

 

 

Members

Signing up for KooKooning implies that you create a member account by using the KooKooning registration form. This form is available in English at: https://www.KooKooning.com/en/members/signup/ ("Sign up"). To validate their registration each user is asked to previously accept these GTCU and Privacy Policy. KooKooning makes no guarantee and will not be held responsible for the content provided by users regardless of whether this content is implicit or explicit, under their account, their profile, their ads or their exchanges (email, ...).

 

Account

Creating a member account as well as a profile is completely free and is done either through the "Signup" link or by filling in the KooKooning registration or by allowing KooKooning to access personal accounts on social networks.

 

When creating your account, information necessary to the service requirements will be required, in accordance with the Privacy Policy. You therefore agree, in accordance with these GTCU, to provide accurate, current and complete information during the registration process and to update them in order to preserve their accuracy, relevance and completeness.

 

Proceeding with the creation of an account by allowing KooKooning to access your personal account on social networks implies that you have the right to disclose the login information of your personal account on social networks and/ or that you allow KooKoon to access your personal account on social networks, while respecting the conditions that govern your use of said account, without incurring Kapt to pay a fee or submitting Kapt with any restriction on use imposed by the social network involved.

 

By allowing KooKooning to access your personal account on social networks, you understand that Kapt will have access, will make available and maintain (if relevant) any content you have provided and kept on this account so that it is available on your KooKooning account and profile. Depending on the privacy settings you have defined for that social network, personal data you publish on this account are likely to be available on your KooKooning account and profile. Please note that if your account becomes unavailable or if KooKooning's access to this account were denied, content on this account would not be available on KooKooning. Using personal account on social networks to log on KooKooning implies that you understand and accept that Kapt ensures no control over information registered on this account and, to the extent permitted by law as such, its responsibility would not be held as to their accuracy or legality.

 

Please note that only one account is permitted on KooKooning. KooKooning reserves the right to suspend or terminate your account and your access to KooKooning if you create more than one (1) KooKooning account or if any information provided during the registration procedure or subsequently proves to be incorrect, fraudulent, outdated or incomplete. You are responsible for protecting your password. You agree not to reveal your password to others and you will be responsible for any activity or action on your KooKooning account, regardless of wheither you had allowed or not such activities or actions. You therefore agree to immediately report to KooKooning Support Team any unauthorized use of your KooKooning account.

 

Profile

Creating an account on KooKooning opens the opportunity to complete a profile corresponding to information visible by KooKoon users. No illegal content, url (website, blog , social networks links) or email address must be indicated in the description of your profile. In case of non compliance with these specifications, KooKooning reserves the right to suspend or terminate your account.

 

Listings / Ads

Being a member offers the rignt to create an ad to promote a rental. To create this ad, you will have to register information about the accommodation you want to rent. This implies that you understand and accept that such information will be available to public and will be used as a criteria of choice by KooKooning users.

 

All this implies that information given in the ads you create involves your responsibility without possibility of withdrawal on your part especially regarding the rental price and therefore induces you understand and agree that when a traveler makes a booking request for your accommodation, you can not ask the traveler to pay a higher price than stated on the booking request.

 

You acknowledge and agree to be solely responsible for all ads you post. Accordingly, you represent and warrant that any ad published on your KooKooning account complies with current legislation, that any booking accommodation on an ad on your KooKooning account and that any stay of a traveler in an accommodation mentioned in an ad published on your KooKooning account, does not violate the rights of any third party.

 

Kapt excludes all liability for non-compliance by a member of KooKooning of the laws and regulations in force, the violation of the rights of KooKooning users or external users.

 

Kapt reserves also the right, at any time, without notice and at its sole discretion, to remove or disable access to any ad considered inappropriate, not in accordance with the law, in disagreement with these GTCU or detrimental to KooKooning.

 

KooKooning offers to its members a messaging system that includes information on the profile of message issuers to help each party to make informed decisions about renting accommodation via KooKooning. Nonetheless, Kapt won’t take part in any decisions taken by KooKooning users : veracity of information registered in the profile indeed remains on the responsibility of the member to which the profile belongs. So, as a registered member on KooKooning, you acknowledge and agree to be responsible for your choices (including booking acceptance), and you agree that any dispute related to acts or omissions of other members or third parties is limited to a claim against members or other third parties causing the damage suffered.

 

 

Texts and pictures

By submitting content on KooKooning you expressly acknowledge non-exclusive rights transfer about this content to Kapt for the sole purpose of displaying this content on Kapt websites and mobile applications.

 

For photographs, you expressely represent and warrant to Kapt that:

• these photographs are either free of copyright or your property; or otherwise, you have acquired all authorizations of "copyright", licenses, concessions for their dissemination by all holders of rights in all or part of said photographs.

• you have all the permissions of "image rights" needed from all the persons pictured on those photographs, or any persons holding the authority to consent;

• you have obtained all necessary authorizations from all persons whose property in those photographs are reproduced;

• you violate no rights belonging to a third party, whatever the nature or cause, by broadcasting the said photographs.

 

Concerning the comments you may post on KooKooning, you agree not to hold insults, defamatory, derogatory, racist, xenophobic or any content that could be contrary to morals and ethics.

 

More generally, you expressly represent and warrant to Kapt that photographs, descriptions and comments you have posted on KooKooning do not undermine public order or violate any legal provision, including penal, statutory or regulatory provisions.

 

If Kapt was to be informed of the breach of the above clauses, Kapt would have the right to disable the account of the concerned member, to remove elements violating these rules at any time and without notice, and to take all appropriate measures upon any claims by any other party.

 

Booking

If a booking request is sent to you on a rental you provide on KooKooning, this request will appear in your KooKooning messaging inbox and information about the applicant's profile will be attached. From this inbox you can confirm or deny the booking request. If you accept the booking a confirmation will be sent to the applicant and the timetable for the concerned accommodation will be automatically updated. To avoid receiving booking requests for periods where your accommodation is not available, be sure to keep the table of availability of your accommodation up-to-date, in particular when you accept booking requests without using KooKooning services (on the phone for example). Finally, you understand and agree that Kapt is not a party to the lease agreement between two members of KooKooning and that Kapt disclaims any liability for any disputes that may occur in connection with such transaction.

Payments and fees

In the case of a reservation with online payment, control and / or the realization of the provision constitutes a "Transaction" under the terms and conditions "MANGOPAY" appended below.

In the case of a reservation with online payment, KooKooning takes a commission only to the member who provides the service. The service is completely free for those who reserve a benefit. The various commissions applied are presented in our Génrales Conditions.

Each Member acknowledges that KooKooning is responsible for the security of transactions and the collection of payments by the end users on behalf of members of the tourist facilities offering services. Thus, each member agrees to perform the services as described in the corresponding ad as if he had received the sums requested.

The member making a provision has a period of 24 hours after the scheduled completion of the experiment to inform KooKooning any problem occurred. After this period, if no complaints were recorded, KooKooning will donate the amount of the service booked, after deducting commissions and fees defined in our Génrales Conditions. The payment will be made on behalf of the guide according to information provided by the latter during the activation of the online booking on the announcement of the said provision. KooKooning only accepts to repay the amount by bank transfer. Depending on its bank the time to find the right payment of compensation by KooKooning may vary (usually between 24h and 72h). KooKooning not be held responsible for additional delays by banks nor a payment incident, if for any reason whatsoever, the amount paid by the end user were to have to be repaid in particular where opposition on the map or fraudulent use.

Cancellations rules

The cancellation policy applies once the actual booking as described above, that is to say, after confirmation of the reservation request by the member offering the service within a maximum of 48 hours.

For cancellations due to the member offering the service, the member who booked this provision is fully reimbursed the sums paid via KooKooning. The procedures inherent to the various cases of cancellation at the initiative of the member for any services on Kookooning are described more extensively in this page.

To provide some unexpected events and to limit any abuse or harm to members offering benefits KooKooning offers 3 Cancellation policies that each member is free to choose active when booking with online payment on their ad KooKooning . These 3 cancellation policy (flexible, moderate, strict) are presented in more detail in this page.

 

Photos

Adding photographs on KooKooning (profile, ads) is submitted to moderation : Kapt therefore reserves the right in its sole discretion to publish or not the photographs posted by KooKooning members.

 

You agree to only publish photographs free of right or the rights of which you personally own. Control of each picture rights can not be operated in moderation, Kapt thus returns this responsibility on KooKooning members which implies that Kapt can not be held responsible for the publication of photographs by a member who does not hold the related rights.

 

Nevertheless, Kapt reserves the right to investigate copyrights when a claim is reported and to depublish the photographs or terminate the account of the members who published photographs without holding the rights to.

 

Comments

Any traveler who stayed at an accommodation has the opportunity to post comments on this accommodation. These comments must abide by certain rules. They must not:

•  contain obscene, abusive, defamatory or libelous contents,

•  undermine public order,

•  contain content that violates the foundations of copyright,

•  contain phone numbers, e-mail address or Web links.

 

Failure to comply with these rules is likely to lead automatically and without notice to the removal of that comment. If you wish to remove a comment you posted on KooKooning, supply make the request to KooKooning Support Team.

 

 

Other requirements

Not withstanding obligations detailled in the above provisions, users also agree not to use a device, an algorithm, or any other automatic function to access pages or to create content that could affect the proper functioning of KooKooning.

Kapt also reserves the right to bring an action against users who would not comply with these rules.

 

 

Errors and abuses reports

If you come to notice any inappropriate content, please  contact the KooKooning Support Team.

 

Limitation of liability

Kapt will not be held liable nor for direct or indirect damage to the equipment of KooKoon users, nor for consequential damages consecutive to the use of KooKooning service in the following cases:

•  Temporary service unavailability,

•  Inaccuracies of current information,

•  Connection problems related to improper use of the identifiers,

•  Malicious third party intrusion into the KooKooning service. Athough Kapt takes technical measures to reduce these types of risks, given the advance in technology, it is possible for third parties to enter the site and create problems, KooKooning users therefore understand and agree that unlikely intrusions can create problems and that Kapt can not be held responsible for these problems.

• Accidental loss of part or all the content of a member on KooKooning. As this process is extremely difficult to achieve, members are invited to keep backup copies of content they have posted on the service (photos, texts).

• Conflict between members resulting from defamation, intimidation, insults, injuries or other causes that create a conflict between them.

• Legal claim by a third party in relation to any form of content provided by a member of KooKooning. Such legal claims will be of the sole responsibility of the member, who will be held responsible for damages or legal costs that may result.

 

Intellectual Property Rights and Counterfeiting

Kapt owns the intellectual property rights and / or holds the rights to use all the items available on the KooKooning service, including text, pictures, illustrations, graphics, logos, icons, sounds and softwares, excluding the items mentioned in these GTCU.

Any reproduction, modification, publication or adaptation of all or part of the site components, whatever the means or process, is prohibited without prior written permission of Kapt .

Any unauthorized use of the site or of any of its components will be deemed to constitute an infringement and prosecuted in accordance with Articles L.335-2 and following of Intellectual Property Code.

 

Terms of Service use MANGOPAY and use of electronic money.

As stated above, the acceptance of these Terms and Conditions implies acceptance of the Terms and Conditions of "MANGOPAY" accesibles attorneys in this pdf :  Icon Mangopay_Terms-EN.pdf (331.2 KB) Mangopay_Terms-EN.pdf

 

GTCU Modifications and Validity

As mentioned above, these GTCU are effective upon the use of KooKooning regardless of whether you signed up or not.

These conditions are the only ones that govern the relationship between KooKooning users and Kapt and they automatically replace any oral or written agreement made ​​earlier by the concerned parties.

 

These GTCU shall apply as long as they are in force ; if one or more of its provisions went to be null and void, the remaining clauses would continue to apply.

 

Jurisdiction

These GTCU are governed by the French law which is the only competent court.

 

Change History

  • Initial release on: September 28th 2015
  • Modification on: April 28th 2016