– PLATFORM FOR RESERVING SEASONAL RENTALS AND TOURIST ACTIVITIES –
1. Introduction
The General Conditions of Use (hereinafter referred to as “Conditions”) listed in this document constitute a legal agreement governing the commercial and legal relations between travellers, accommodation providers (“hosts”), activities and services ( “providers”) and Samaweekend web platform (hereinafter referred to as “the site”).
The acceptance of these conditions by the user constitutes a contract.
2. Definitions
In this document, certain terms will be used regularly. They are defined as follows:
“Availability period” means the time during which the property is available for the reception of travellers;
“Cleaning costs” means the costs relating to cleaning and preparation of the reception of travellers;
“Service Fees” means the fees for using the Platform, billed to the Client;
“Host” means the host or owner of an accommodation;
“Provider” means the service provider or supplier
“Traveller or customer” means the person who rents accommodation or services or makes any other reservation through Samaweekend platform;
“Ownership” means the ownership communicated by the Host or any other ownership agreed between the Host and the Site.
“Services” means all services excluding accommodation;
“Announcement” means any advertising and promotion of accommodation and other activities offered on the site;
“Rental Rent” means the total amount paid by the Guest for a Reservation or for the provision of Services;
“Holiday taxes” means any taxes levied for the benefit of the municipality hosting the rented property;
3. Use of Samaweekend.com plateform
3.1 – The user of the platform undertakes to read and accept the general conditions of use before making any reservation.
3.2 – To access the reservation on the platform, the user is required to register on the site, an account will then be opened in his name. The user undertakes to provide, when registering, information that is consistent with reality and up to date.
3.3 – The user is solely responsible for the production and use of the information provided on his account. He therefore undertakes to control its use alone and to protect his access password himself. The site can in no way be held responsible for consequences arising from a loss of individual connection data.
3.4 – The user of the platform undertakes to read and accept the cancellation conditions of each Host or Service Provider as well as any other condition stipulated concerning, for example, age, guarantees/security deposits, supplements for group bookings or for additional guests, provision of additional bedding, breakfast, pets, accepted means of payment, etc.).
This information will be explicitly available on the Samaweekend.com site.
3.5 – The user making the reservation for a group is responsible for the progress of the travel experience or the provision of services with regard to the behaviour and actions of each member of the group.
3.6 – The user undertakes to use the platform responsibly so as not to cause any harm to others. Which implies:
– not to use the platform to make false reservations;
– not to use the platform for illegal or fraudulent activities;
– not to deliberately post malicious comments with the aim of harming;
– not to post any comments that are insulting, sexist, racist, political or that may offend the cultural and/or religious beliefs of others.
4. Obligations of the Owner/Host
In order to allow the site to provide services defined in this contract, the host agrees to:
4.1 – Provide the site with complete, accurate and timely information about the property and any other information reasonably requested by the site. It is the responsibility of the host to ensure that the site has all the information necessary for an optimal and faithful development of the Property;
4.2 – Ensure the operation and maintenance of the Property as well as the safety of each Traveller;
4.3 – Provide the site with a list of all the equipment present in the property;
4.4 – Maintain the Property at all times, including repairs as soon as possible at the request of the traveller;
4.5 – Comply with all legal requirements applicable to a landlord in Senegal, including but not limited to regulations for fire safety, gas and electrical safety, etc. ;
4.6 – Remove or lock up any expensive and fragile items in the Property and notify us of any particularly fragile or sensitive areas of the Property where applicable;
4.7 – Empty all shelves in the refrigerator, kitchen cabinets and bathroom for all items that are not made available to travellers.
5. Obligations of the activity provider
The activity provider who enters into a partnership with the site agrees to:
5.1 – Provide the site with complete and accurate information on its activity. It is the responsibility of the service provider to ensure that the site has all the information necessary for optimal promotion of the activity;
5.2 – Inform customers of the criteria required for the activities concerned: age, physical or medical condition, etc. ;
5.3 – Guarantee the safety of customers throughout the service by ensuring that the equipment or installations used do not present any danger to them;
5.4 – Scrupulously respect commitments in terms of availability and capacity. Failures in this area constitute a reason for interrupting the collaboration with the site.
6. Rates, costs and payments
6.1 – Rates – Rates are freely set by hosts and service providers. Samaweekend.com is in no way responsible for setting these prices and cannot in any way influence them.
6.2 – Costs – The “costs” in question are composed as the case may be:
- costs for “featuring” an ad;
- service fees that the customer pays for using the platform. They amount to 2.5% of the total amount of the reservation;
- cleaning costs that the host may potentially request in addition;
- any other costs related to a particular service requested.
6.3 – Payments – Regarding payments, the customer is required to pay a minimum deposit upon booking to confirm the latter. However, this deposit may be larger depending on the wishes of the hosts or activity providers.
In some cases, a host or service provider may, at their discretion, require full payment upon reservation of the total cost of the accommodation or service.
In case of deposit payment, the balance of payment will be payable on site.
7. Cancellation/Refunding of bookings
7.1. Cancellation at the initiative of the host
If a cancellation is at the unilateral initiative of the Host, for any reason whatsoever, including the case of force majeure, the latter will then be required to reimburse:
– the fees collected by the payment provider, if applicable;
– the cost of refunding the deposit paid by the customer when booking, if applicable.
Impact on the customer: in such a case, the customer benefits by default from a credit note that can be transferred to another reservation.
7.2. Cancellation at the initiative of the Traveller
7.2.1 – In the event of cancellation or no-show, the reservation deposit is non-refundable unless the host provides a free cancellation period. Any other resulting costs will depend on the cancellation policy specific to each host or service provider.
7.2.2 – In the event of a delay in relation to the time initially indicated, please contact your host or service provider and inform them of your arrival time, so that they do not cancel your reservation. If you are late, the site cannot be held responsible for the consequences resulting therefrom (eg cancellation of your reservation, loss of deposit or fees that the service provider may charge).
8. Responsibilities
8.1 – The site acts only as an intermediary between travellers or customers and hosts and activity providers. It is not a party to the contracts concluded between travellers and hosts or service providers. Samaweekend.com is responsible for the correct functioning of the platform it makes available to you but can in no way be held responsible for the travel experience or service delivery. These last two subjects being the exclusive responsibility of the host or the service provider;
8.2 – The Samaweekend.com site does not in itself constitute an express recommendation or approval of a specific individual host and its accommodation or of a particular service provider, its services, its equipment and materials, his vehicles, etc. The site is only a marketplace and acts as a linking intermediary;
8.3 – The site does not act as an insurer. Accordingly, the Host or Service Provider is required to carry the appropriate insurance.
8.4 – Although the site makes every effort to attract the maximum number of reservations for the host or the service provider, it is not bound by any obligation of result and therefore cannot guarantee the gain of an income. weekly, monthly or yearly of a particular amount and will not be liable for opportunity costs or lost earnings if no booking is obtained for any reason;
8.5 – The Host is responsible to Travelers for the quality, safety and description of the Property and its availability on the dates that have been booked. The Host is also responsible for the condition stated or described on the Site regarding the Property;
8.6 – If the host enters into a booking contract directly with one or more traveller(s), the site could then under no circumstances be held responsible for any question relating to this booking, including damage, theft, etc. any item of property caused by the traveller(s);
8.7 – The service provider is responsible to travellers for the quality, security and description of the services offered on the site as well as their availability on the dates that have been booked;
8.8 – Under no circumstances may the site be held liable for incidental, indirect, special or consequential damages or for any commercial, financial or economic loss such as loss of reputation, loss of market, loss of profit or loss of anticipated savings, if the causes of these facts result, on the part of the host, from individual negligence or from a breach of this contract.
9. Personal data
9.1 – The data collected as part of the registration or navigation of a user on the site is treated in a confidential, lawful, fair and transparent manner with regard to the user and only for the needs of the transaction. taking place on the website;
9.2 – Samaweekend does not resell any data collected from its users and does not transmit it to third parties for any reason whatsoever;
9.3 – Samaweekend reserves the right to use the data collected for the purpose of analysing traffic on the site and promoting advertisements.
10. Dispute management and competent courts
This Agreement is governed by Senegalese law.
Any dispute concerning the validity, interpretation or execution of these general conditions of use will, in the absence of an amicable agreement, be brought before the competent courts of Dakar.