1. Definitions and Interpretation
For the purposes of these Terms and Conditions of Use and Rental (the “T&C”), the following terms shall have the meanings set out below, and any ambiguous interpretation shall be resolved in accordance with these definitions:
- “Platform” or “Loziara” refers to the website accessible at https://loziara.com, operated by BS ONE, including all associated services, mobile applications, internal messaging tools, and ancillary services enabling the intermediation between Hosts and Guests.
- “Host” refers to any natural or legal person offering one or more properties for rent on the Platform, responsible for the legality, safety, and compliance of the property, and for ensuring that all applicable local laws are fully respected.
- “Guest” refers to any natural or legal person making a booking through the Platform, agreeing to abide by these T&C and all contractual and legal obligations associated with the rental.
- “Listing” refers to any property presentation on the Platform, including a full description, photographs, amenities, availability, rates, and applicable rules.
- “Booking” refers to any agreement made between a Host and a Guest through the Platform regarding the rental of a property for a specific period, constituting a contract independent of the Platform.
- “Service Fees” refers to the commission charged by Loziara for the use of its services, calculated on the total amount paid by the Guest.
- “Force Majeure” refers to any unpredictable, irresistible, and external event preventing performance of obligations, including natural disasters, pandemics, armed conflicts, strikes, government acts, or administrative restrictions, as defined under Article 1218 of the French Civil Code.
2. Purpose of the Platform and Scope of Services
Loziara’s primary objective is to allow Hosts to publish detailed property listings and Guests to search, consult, and book properties securely, while providing a comprehensive set of digital services to facilitate:
- Creation and management of secure user profiles;
- Publication of detailed property listings, including photographs, descriptions, rates, availability, and house rules;
- Secure communication through internal messaging;
- Management of calendars and bookings, including instant booking or request-based options;
- Secure payment processing via a licensed provider;
- Collection and management of reviews and ratings to enhance transparency and trust;
- Customer support for inquiries, complaints, or technical issues, available seven days a week;
- Reporting of abusive behavior, fraud, or violations of the T&C.
Limitations: Loziara does not own any property, cannot guarantee user reliability, solvency, or the accuracy of listing information, and is not responsible for material, bodily, or immaterial damages occurring during the rental period.
3. Registration Requirements and User Obligations
3.1 Eligibility
- Users must be at least 18 years old and legally capable of entering into contracts;
- Legal entities must be duly constituted and represented by an authorized legal representative.
3.2 Information Accuracy and Verification
- Users must provide accurate, complete, and up-to-date information;
- Identity and property or financial verification may be required;
- Accounts providing false, incomplete, or fraudulent information may be suspended or terminated immediately.
3.3 General Obligations
- Users must strictly comply with these T&C and all applicable local laws;
- Content posted must be legal, non-discriminatory, and respect third-party rights;
- The Platform may only be used for intended services;
- Users must cooperate with Loziara in investigations of suspicious or illegal activity.
4. Host Obligations and Responsibilities
Hosts must:
- Maintain the property in a clean, safe condition, consistent with advertised standards;
- Comply with local laws including permits, taxes, safety standards, and mandatory insurance;
- Provide accurate and updated information regarding the property, amenities, rules, and pricing;
- Welcome Guests at agreed times and ensure access to all advertised facilities;
- Immediately inform Guests and Loziara of any incident or change affecting the booking.
5. Guest Obligations and Responsibilities
Guests must:
- Use the property according to its intended purpose and house rules;
- Respect neighbors and local laws;
- Report any damages, incidents, or issues immediately to the Host and Loziara;
- Pay the full amount due according to booking terms;
- Not use the property for illegal or commercial purposes.
6. Booking Process and Payment
6.1 Booking Steps
- Search and view listings;
- Select a property and submit a booking request;
- Acceptance or rejection by the Host;
- Secure payment through Online Payment Platform B.V. (OPP);
- Final confirmation and issuance of the contract between Host and Guest.
6.2 Payment Terms
- Full payment must be made via OPP;
- Loziara’s 10% service fee is automatically deducted;
- Applicable taxes may be included;
- Loziara reserves the right to reject or suspend suspicious transactions.
7. Cancellations and Refunds
7.1 Guest Cancellations
- Flexible: full refund if cancellation occurs more than 24 hours before the start of stay;
- Moderate: partial refund according to listing conditions;
- Strict: limited refund, service fees non-refundable.
7.2 Host Cancellations
- Full refund including service fees;
- Option to offer an alternative property or credit for a future booking;
- Mandatory notification via Platform and email.
7.3 Force Majeure
- Natural disasters, pandemics, conflicts, or administrative restrictions may justify full or partial refunds;
- Refund decisions take into account the impact on bookings and compliance with legal obligations.
7.4 Refund Procedure
- Cancellation notification via the Platform;
- Verification of applicable cancellation conditions;
- Refund processed by OPP within a maximum of 14 business days;
- Confirmation sent to the Guest via email;
- Records maintained for audit and proof of refund.
8. Insurance and Risk Coverage
- Hosts must maintain insurance covering rental risks and third-party liability;
- Guests are encouraged to obtain insurance covering accidents, loss, or damage during the stay;
- Loziara assumes no responsibility for damages not covered by user insurance.
9. Dispute Resolution and Mediation
- Any dispute between Host and Guest must be reported to Loziara immediately;
- Mandatory amicable mediation before initiating legal proceedings;
- If mediation fails, the courts of Strasbourg, France, have exclusive jurisdiction;
- Parties must provide all necessary information to facilitate dispute resolution.
10. Personal Data and Cookies
- Compliance with GDPR: right to access, rectify, delete, and object to personal data processing;
- Cookies and tracking technologies are used to secure the Platform, enhance user experience, and provide personalized services;
- Privacy policy available on the Platform;
- Contact for exercising rights: privacy@loziara.com.
11. Intellectual Property
- All content (text, images, logos, code, databases) is protected by copyright;
- Reproduction or distribution without written authorization is prohibited;
- Loziara holds a limited license to display and manage listings.
12. Security and Verification
- Identity and financial verification may be required;
- Data encryption and secure payment processing;
- Detection and blocking of fraudulent behavior;
- Users notified in case of a security breach.
13. Limitation of Liability
- Loziara is not liable for disputes, damages, service interruptions, or third-party content;
- Total liability is limited to commissions collected;
- Users are advised to obtain supplemental insurance.
14. Account Suspension, Termination, and Closure
- Accounts may be suspended or terminated for serious violations, fraud, or abusive behavior;
- Contractual obligations prior to suspension remain enforceable;
- Notification provided when possible;
- Consequences include restricted access, deletion of listings, and prohibition of creating new accounts.
15. Force Majeure
- Loziara is not liable for delays or non-performance due to force majeure events, including natural disasters, pandemics, armed conflicts, strikes, or administrative restrictions.
16. Communication and Notifications
- Notifications sent via email, Platform notifications, and personal accounts;
- Considered received upon sending unless proven otherwise;
- Mandatory for all changes to T&C, cancellations, or security incidents.
17. Archiving and Electronic Evidence
- Communications, payments, bookings, and messages are electronically archived by Loziara;
- Electronic records serve as proof of transactions and communications;
- Retained for the legally required minimum period.
18. Governing Law and Jurisdiction
- French law governs these T&C;
- Mandatory amicable mediation prior to court proceedings;
- Exclusive jurisdiction: courts of Strasbourg, France;
- Any unenforceable clause does not affect the validity of the remaining T&C.
19. Contact Information
Loziara – BS ONE
41 Allée de la Robertsau, 67000 Strasbourg, France
Email: contact@loziara.com