GENERAL CONDITIONS OF USE OF THE P.A.T PLATFORM
P.A.T is an international platform for digital executive production in the audiovisual, cultural events and photography sectors.
P.A.T. provides a service of putting in contact owners and professionals allowing the latter to locate and rent to the Owners places, for the purposes of filming for cinema or television, for the organization of cultural events or the realization of photographic shootings.
The Owners, users of P.A.T., benefit from a platform of development of their authentic, original property likely to answer the expectations of Professionals in direction or with the attention of any producer of an audio-visual work, a cultural event or photographic shooting.
P.A.T's goal is to put in contact owners with authentic, original properties that are likely to meet the expectations of professionals interested in specific locations for filming, an event or a photo shoot.
The operation of P.A.T. is based on a model founded on :
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A serious and solid knowledge of the film production and event industry, and the confidence of professionals in the work of the PRET A TOURNER teams,
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The free use of P.A.T. by Owners to optimize the number and diversity of offers for the provision of Goods.
The proper functioning of P.A.T. can only be ensured insofar as the owner and the professionals respect their commitments in good faith. The respect of these commitments is therefore an essential condition of the commitment of PRET A TOURNER under the present contract.
The online connection provided by PAT for users constitutes a provision of online services within the meaning of
Directive 2000/31/EC of the European Parliament and of the Council of June 8, 2000, on certain legal aspects of information society services, in particular electronic commerce, in the internal market
and of Article L111-7 of the Consumer Code as issued by LAW No. 2016-1321 of October 7, 2016 for a Digital Republic.
P.A.T est exploitée commercialement par la société P.A.T Prêt à Tourner, société à responsabilité limitée au capital social de 970.000 euros dont le siège social se situe 14 Rue Beffroy - 92200 Neuilly-sur-Seine immatriculée au RCS de Nanterre sous le numéro 838 191 898.
The present General Conditions of Use are intended to define the nature, the object and the conditions of the contractual relations between the Users of the Platform, as well as the contractual relations between the users and P.A.T.
SUMMARY
Article 1.
GENERAL
1.1.
Definitions
1.2.
Contact
1.3.
Scope of application of the GCU
1.4.
Modification of the GCU
1.5.
Acceptance of the T&Cs
Article 2.
QUALITY OF READY TO SHOOT
Article 3.
PURPOSE
Article 4.
REGISTRATION ON P.A.T
4.1.
Creating an account
4.2.
Management of identifiers
4.3.
Information provided by the Owner and publications
Article 5.
SERVICES
5.1.
Connection service
5.2.
Additional services
Article 6.
FINANCIAL TERMS AND CONDITIONS
6.1.
Payment of the provision of the Property by or the Professional
6.2.
Payment by Owner for Additional Services
Article 7.
OBLIGATIONS OF THE PARTIES
7.1.
Obligation of the Owner
7.2.
Obligations of PRET A TOUR
Article 8.
RIGHT OF WITHDRAWAL APPLICABLE TO THE CONSUMER
8.1.
Exercise of the right of withdrawal
8.2.
Effects of withdrawal
Article 9.
CANCELLATION OF THE SERVICE OF SETTING IN RELATION BY THE OWNER.
Article 10.
TERMINATION OF THE MATCHMAKING SERVICE AND ADDITIONAL SERVICES BY PRET A TOURNER
Article 11.
RESPONSIBILITY
11.1.
Responsibility of the Owner
11.2.
Responsibility of PRET A TOURNER
Article 13.
INTELLECTUAL PROPERTY
Article 14.
PERSONAL DATA
Article 15.
APPLICABLE LAW AND DISPUTES
15.1.
Applicable law
15.2.
Amicable resolution of the dispute
15.3.
Judicial Resolution
The words and expressions listed below have the meaning given to them below, unless the word or expression does not have an initial capital letter. In the latter case, they will receive the common meaning that the context implies.
Advertisement
The offer to make the Property available published on P.A.T by the Owner.
Property(ies)
TheProperty(ies) belonging to the Owners and being the subject of an Advertisement.
Ordering
The reservation of a Property by a Locator or a Professional.
GTC
The present general conditions of use.
Contract
The contract concluded between the Owner and a professional providing the Property for a shooting, a photo shoot or an event. The contract is formed upon final confirmation of the order.
P.A.T
The online platform that puts Owners in contact with Professionals, allowing the latter to locate and rent to Owners locations for film or television shoots, for the organization of cultural events or for photographic shoots. The platform is accessible via the following URL
http://www.pretatourner.com/
PRET A TOURNER
La à responsabilité limitée au capital social de 970.000 euros dont le siège social se situé 14 Rue Beffroy - 92200 Neuilly-sur-Seine immatriculée au RCS de Nanterre sous le numéro 838 191 898 exploitant P.A.T PRET A TOURNER.
Professional (s) :
Entertainment professionals wishing to have a Property or a service for an audiovisual shooting, the organization of a cultural event or a photographic shooting.
Owner(s)
Physical or moral person putting at disposal his Property on P.A.T
Matching Service
The matchmaking service as described in article 5.1 of these GTU.
Additional services
The services described in article 5.2 of the TOS.
For all information and inquiries, the Owner can contact PRET A TOUR:
Through the electronic form available under the "Contact" tab,
By e-mail: demande@pretatourner.com
By phone at the following number: +33 (0)1 84 19 2003 (cost of a local call)
Par courrier postal à l’adresse suivante : PRET A TOURNER, 14 Rue Beffroy - 92200 Neuilly-sur-Seine
For any complaint or request for assistance, the Owner can contact PRET A TOURNER via his personal messaging system available on his account or the contact information indicated above.
1.3.
Scope of application of the GCU
These GCU apply to the contact service and, where applicable, to the additional services provided by PRET A TOURNER in order to enable the Owner to make his Property available for short-term rental to Professionals.
1.4.
Modification of the GCU
These GCU will remain in force as long as they are accessible on P.A.T. They may be modified at any time at the initiative of PRET A TOURNER.
The modification will only take effect from the date indicated on the P.A.T. or, in the case of Additional Services, for services carried out after the date on which the modification is put online, unless this modification is the result of an obligation imposed by a mandatory law immediately applicable on French territory. In the latter case, PRET A TOURNER will immediately inform the Owner.
The Owner is informed that these GTUs may change and thus be modified. He is therefore invited to keep them.
1.5.
Acceptance of the T&Cs
The Owner declares to have taken knowledge of the present GCU as well as possible particular conditions and to have accepted them by notching on P.A.T the box envisaged for this purpose. He acknowledges having been informed of the possibility of saving and/or printing the present GCU from the Internet site hosting P.A.T.
Furthermore, the Owner acknowledges that he/she has the required capacity and the necessary rights to contract and use the matchmaking Service and, if applicable, the additional Services offered on P.A.T.
The creation of an account on P.A.T implies in any case acceptance without restrictions nor reserves of the present CGU and, if necessary, of the particular conditions.
By accepting the present GTU, the Owner irrevocably undertakes, in case of agreement between the Owner and the Professional on the provision of the Property, to confirm the reservation of the Property on the P.A.T platform.
Article 2.
QUALITY OF P.A.T
P.A.T. is an online platform operated by PRET A TOURNER which refers to the Advertisements published by the Owners with a view to making their Property available according to the terms and conditions determined by the latter.
Within the framework of the Service of setting in relation, P.A.T places at the disposal of the Owner of the tools facilitating the contact with the Professionals, namely in particular the setting of appointment on line to visit the Good and if necessary to reserve it.
P.A.T can also propose additional Services such as described in the article 5.2 of the GCU.
In any case, P.A.T acts exclusively in its name and for its account as an intermediary putting in relation the Owners with the Professionals. No provision of the present document can assimilate P.A.T to an agent of the Owners or the Professionals.
By accepting the present GTU, the Owner recognizes to have been informed that P.A.T is only a technological provider of setting in relation.
Consequently, P.A.T does not give any advice of any kind whatsoever on the opportunity and/or the conditions and/or the terms of conclusion of the Contract of provision.
It is up to the Owners and Professionals alone to determine, by mutual agreement, the terms and conditions for making the Goods available under the Contract. In particular, it is up to the Owner to determine the terms and conditions of the provision of the Property (dates of availability of the Property; price of the provision; conditions of the provisionetc.). ).
P.A.T. thus remains a third party in the contractual relationship between the Owner and the Professional and does not intervene in any way in the relationship between the Owner and the Professional. Consequently, none of the stipulations of a Contract which they would formalize between them would know how to bind P.A.T.
The purpose of the present GCU is to govern the conditions and terms of use of the P.A.T platform in order to put the Owner in contact with the Professional. They also specify the terms and conditions of subscription to the additional Services which will be completed if necessary by special conditions available on P.A.T before any subscription.
They are not intended to govern the Contract between the Owner and the Professional.
In this respect, it is reminded that any profit-making activity may be subject to specific legislation likely to create legal and tax obligations. Thus, for example, the temporary provision of a Property for consideration is in principle subject to Articles 1714 et seq. of the Civil Code relating to leases. However, it cannot be excluded that the specific stipulations of the parties to the Contract modify its qualification. This modification may lead to a change in the applicable legislation. It is therefore the Owner's responsibility to take the necessary steps to ensure that he/she is fully informed about the applicable regulations concerning leases and, more generally, the provision of a Property to a Professional for a short period of time.
Article 4.
REGISTRATION ON P.A.T
In order to use the Matching Service and, if necessary, to subscribe to the Additional Services, the Owner must register on P.A.T. by creating an account according to the terms and conditions defined below.
The Owner creates a personal customer account "My Account" by clicking on "Register". This account allows him to :
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Publish, consult, manage, delete Ads ;
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View the number of views of your Ad ;
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Exchange via the internal messaging system of P.A.T with the Professionals registered on P.A.T;
To create a personal account, the Owner must:
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Click on the icon "Register" proposed on P.A.T ;
-
Fill in accurately the fields identified by an asterisk as compulsory in order to create his personal account, in particular his name, first name, date of birth, personal address, nationality and country of residence, a pseudonym and telephone number. He will also have to indicate a valid e-mail address and a password of his choice (which will be personal and confidential) which will be asked later to identify himself on P.A.T;
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Specify its quality of Owner ;
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Fill in the sponsor code if necessary.
The provision of personal information collected within the framework of P.A.T is mandatory, this information being necessary for the processing and realization of the Service of setting in relation and, if necessary, of the additional Services. This information is strictly confidential.
Once the online account is created, the Owner will receive a confirmation email on the email address provided to validate and activate his account. The activation of the account allows the Owner to use the Matchmaking Service and to subscribe to additional Services, if applicable. In particular, the Owner can:
-
Update or modify your profile,
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Benefit from access to a personal online messaging system,
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Create, consult and, if necessary, modify its Ads,
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Consult the requests for quotations as well as the orders,
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Manage your sponsorships.
The Owner undertakes to modify the information provided in the event of a change in the information provided so that it remains accurate.
.2.
Management of identifiers
The Owner is responsible for choosing and keeping his/her login and password. In case of forgetfulness, the Owner can recover his login or password by clicking on "Forgotten password or login".
The Owner must also ensure their confidentiality. The Owner must ensure that they are not disclosed to third parties.
P.A.T can in no way be held responsible for any usurpation of identifiers and connections to personal accounts by third parties.
Any connection to the Owner's account that is made by entering his/her login and password shall be deemed to have been made by the Owner. Consequently, the Owner shall be solely responsible for the actions of any person who connects to his account.
En cas d’utilisation détournée ou non autorisée des identifiants par un tiers, le Propriétaire devra immédiatement en informer
PRET A TOURNER via les coordonnées indiquées à l’article 1.2 des CGU. A réception de cette notification,
PRET A TOURNER suspendra immédiatement l’accès au compte du Propriétaire et lui transmettra par courrier électronique de nouveaux identifiants après vérification de son identité.
.3.
Owner's Information and Publications
Users of the site are reminded that PAT is a host in the sense of Directive 2000/31/EC and Law No. 2004-575 of June 21, 2004 for Confidence in the Digital Economy.
Consequently, all the information provided by the Owner is his full and entire responsibility. The Owner undertakes to provide true, accurate and reliable information.
PRET A TOURNER reserves the right to check the information provided by the Owner at any time. The Owner undertakes to provide PRET A TOURNER with any document required to establish the accuracy and/or truthfulness of the said information.
If the documents transmitted prove insufficient to prove the accuracy and/or truthfulness of the information indicated or demonstrate that the information is fraudulent, PRET A TOURNER reserves the right to delete the Owner's account.
Furthermore, the Owner is responsible to PRET A TOURNER and to any third party for the content that he/she publishes on P.A.T., PRET A TOURNER does not carry out any control of the publications.
However, in order to guarantee the serene use of the platform, PRET A TOURNER reserves the right to delete any Owner's account that publishes comments of a vulgar, aggressive, insulting, defamatory or hateful nature, or more generally any comments that are contrary to good morals and that may be harmful to PRET A TOURNER and/or third parties.
PRET A TOURNER also reserves the right to delete the Owner's account if the latter's actions, publications or comments are likely to damage the image of PRET A TOURNER.
PRET A TOURNER offers the Owner and the Professional various services whose use and, if necessary, subscription are defined below.
.1.1.
Description of the Service
PRET A TOURNER offers a service of digital executive production by putting in contact owners and professionals of audiovisual production, cultural events or photographic shooting via the platform P.A.T.
P.A.T allows and facilitates the contact between the Owner and the Professional by providing the Owner with :
-
An online space to publish your Ad(s);
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An online space "Business card" allowing him to indicate the information he deems necessary;
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Une messagerie interne permettant la prise de contact et l’échange d’information -
uniquement sur les disponibilités (date(s) où le bien est disponible à la location ou pour une visite de repérage)
avec les Professionnels. Le Propriétaire ou le Professionnel s'interdit de transmettre ses coordonnées téléphoniques,
adresses mails, adresse complète du bien, ou toute information permettant une prise de contact directe sans l'accord
préalable de la plateforme PAT Prêt à Tourner. Le Propriétaire ou le Professionnel s'interdit de traiter en direct avec
l'autre partie sans l'accord de PAT Prêt à Tourner. En cas de non-respect de ses conditions, la plateforme pourra désactiver
et/ou supprimer le compte de la plateforme PAT Prêt à Tourner. En cas de location directe entre les deux parties, PAT Prêt à
Tourner sera en droit de réclamer le montant de sa commission auprès du professionnel ;
-
A service to help you use P.A.T.
The Owner is reminded that PRET A TOURNER is a technology provider offering an intermediation service using P.A.T.
Consequently, PRET A TOURNER is a third party to the exchanges and/or the Contract concluded between the Owner and the Professional.
For digital executive production, the P.A.T platform provides Professionals with :
-
An online space to consult one or more Announcement(s) of filming locations and viewpoints;
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An online space "Business card" allowing him to indicate the information he deems necessary;
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An internal messaging system allowing contact and exchange of information with the Owners;
-
A service to help you use P.A.T. ;
-
An online service for
reservation of a place.
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Persons eligible for the Service
The persons eligible to publish Ads on P.A.T as owners are :
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natural persons with the legal capacity to contract acting as consumers.
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legal entities acting through a person duly authorized to represent them.
The Owner declares and certifies that as long as an Ad relating to the provision of a Property is accessible on P.A.T, he/she has all the rights, authorizations and, where applicable, legal and administrative documents necessary for its provision.
It is reminded that a professional who claims to act as a consumer or non-professional may be guilty of the offence of misleading commercial practices governed by Articles L.121-2 and following of the Consumer Code.
Deceptive commercial practices are punishable by two years' imprisonment and a fine of 300,000 euros. The amount of the fine may be increased, in proportion to the benefits derived from the offence, to 10% of the average annual turnover, calculated on the basis of the last three annual turnovers known on the date of the offence, or to 50% of the expenses incurred in carrying out the advertising or practice constituting the offence (Article L.132-2 of the Consumer Code).
-
Publication and management of Ads
To publish an ad on P.A.T, the Owner must click on the tab " Propose a place " and fill in the information form provided for this purpose. He/she will have to fill in exactly the fields identified by an asterisk as compulsory, namely :
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Type of property (Apartment, House, Garage, Building, Land)
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Price in € per day
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Surface in m² (sqm)
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Land in sqm
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Number of pieces
-
Number of rooms
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Dates of availability of the property
The Owner is responsible for all fiscal and social obligations and must communicate to P.A.T. the VAT rate to which he is subject.
P.A.T. cannot be held responsible in case of failure to comply with the owner's fiscal and social obligations.
We invite you to check with the various administrations your social and fiscal obligations via the following links:
- tax obligations : https://www.impots.gouv.fr/portail/node/10841
- social obligations : https://www.urssaf.fr/portail/home/espaces-dedies/activites-relevant-de-leconomie.html
The Owner may also indicate the geographical location of the Property by specifying its address, the city, region and country in which the Property is located. This information will not be transmitted to the Professionals, and will only be used to geolocate the Property. The geolocation does not allow to identify precisely the address of the Property but only to determine its location.
Geolocation is a real asset allowing the Professional to immediately visualize the geographical location of the Property, an element that can also be a criterion for selecting the desired locations.
The Owner is also invited to upload photos to give an overview of the Property. These photos must meet the following criteria:
The Owner can publish, update and modify his Ads at any time thanks to the "My Ads" tab on his personal space.
PRET A TOURNER reserves the right to delete Advertisements likely to violate the present Terms of Use.
-
Referencing, positioning and display of Ads on P.A.T
The Ads are referenced as soon as they are published according to the keywords, the location, the number of rooms and the theme(s) chosen by the Owner. They are accessible through the search bar available to the Professional or via the homepage by theme.
The order of appearance of the Advertisements varies automatically according to the search criteria used by the Professional (in particular keywords, location, number of rooms) as well as the default classification according to the keywords and themes chosen by the Owner.
In any case, PRET A TOURNER cannot guarantee that the Advertisements will be displayed in a certain order, as the referencing is done automatically using an algorithm.
-
Reservation of the property
Once the Property is located, the Professional will be able to request a quote which will be generated:
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On the basis of the elements indicated by the Owner (price, period of availability of the Property),
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According to the dates of availability requested by the Professional.
The estimate will be submitted for validation to the Owner. The Owner will be able to accept the estimate generated by P.A.T, modify it or refuse it.
The Owner may also indicate his comments, terms and conditions of availability in a section provided for this purpose. It is recommended that the Owner specify these terms and conditions.
If the estimate is validated by the Owner, it will be transmitted to the Professional for acceptance subject to confirmation after a physical visit of the Property.
Once the estimate is conditionally accepted, the Owner and the Professional will be able to make an appointment via the calendar available on P.A.T.
The details of the Owner's Property will be automatically transmitted by P.A.T to the Professional at the latest 24 hours before the appointment. To this end, the Owner expressly authorizes PRET A TOURNER to communicate the details of the Property to the Professional.
The dates of availability of the Property will not be reserved until the Property has been definitively confirmed under the conditions defined below.
By accepting the present GTU, the Owner irrevocably undertakes, in case of agreement on the availability of the Property between the Owner and the Professional after the appointment to visit the Property, to confirm the reservation of the Property on the P.A.T platform.
The proper functioning of P.A.T. can only be ensured to the extent that the Owner and the Professionals respect their commitments in good faith.
Consequently, in the event that the commitment to finalise the transaction on P.A.T. is not respected, PRET A TOURNER reserves the right to delete the Owner's account without prejudice to PRET A TOURNER's right to demand compensation for the prejudice suffered, i.e. the amount it would have been able to collect from the Professional, if the transaction had been finalised on P.A.T.
-
Order of the Good by the Professional
Once the visit has been made, the Professional may definitively accept the quote. The Order shall be considered validated.
Upon final confirmation of the Order, the Professional shall be directed to a payment module in order to proceed with payment under the conditions defined in article 6.1 of the GCU.
PRET A TOURNER proposes to the Owner to make professional shots of his Property for publication on P.A.T.
These shots are taken by a professional photographer commissioned by PRET A TOURNER in order to highlight the assets of the property that may be of interest to spotters or professionals.
This service is a paying service whose conditions are defined directly on the P.A.T. website. The modalities of realization (notably dates and place of intervention) will be determined by mutual agreement between PRET A TOURNER and the Owner.
.2.2.
Aerial photography service
PRET A TOURNER proposes the realization of aerial shooting with the help of a drone. This aerial shot will optimize the Owner's advertisement by presenting the Property in a panoramic way giving a precise image of the Property.
This service is a paying service and can be subscribed directly on the P.A.T. website.
The conditions and modalities of realization (notably date and place of intervention) will be determined by mutual agreement between PRET A TOURNER and the Owner.
PRET A TOURNER proposes the realization of videos in 360°. This video will optimize the Owner's advertisement by presenting the Property in a panoramic way giving a precise image of the Property.
This service is a paying service and can be subscribed directly on the P.A.T. website.
The conditions and modalities of realization (notably date and place of intervention) will be determined by mutual agreement between PRET A TOURNER and the Owner.
Article 6.
FINANCIAL TERMS AND CONDITIONS
.1.
Payment for the provision of the Property by the Professional
Upon final confirmation of its Order, in accordance with article 5.1.2 (v) of the GCU, the Professional shall be invited to pay for its Order in accordance with the conditions described in article 6.2 hereof.
These sums will be invoiced and collected by PRET A TOURNER in the name and on behalf of the Owner in application of the invoicing and collection mandate given by the Owner to PRET A TOURNER.
The owner is informed that the billing of the P.A.T. service will appear at the time of the reservation and the final validation of the order by the Professional. These service fees will be paid by the Professional, according to the rate indicated on the invoice.
.2.
Payment by Owner for Additional Services
Upon subscription to the Additional Services, the Owner will be asked to proceed to payment.
The price and the terms of payment are recalled, at the end of the ordering process, in a summary document.
The Owner shall pay for his Order online by credit card (Visa, Mastercard).
After selecting the credit card used (CB, VISA or MASTERCARD), the Owner will be able to fill in the secure transaction form and validate his payment by clicking on the corresponding icon.
The Owner must then indicate the number of his bank card, as well as the expiry date of this one and the cryptogram number (number with 3 figures appearing on the back of his bank card). These data will be encoded on the servers on which P.A.T is hosted using the SSL security standard.
The card will be debited at the time the Order is placed. In any case, the amount debited will correspond to the additional Services actually subscribed.
It is specified that in order to make a payment by credit card, the Owner will be automatically redirected to the electronic payment server.
In all cases, the online provision of the credit card number and the final validation of the Order shall constitute proof of the completeness of the Order, in accordance with Articles 1125 et seq. They shall also be deemed to be proof of the sums incurred by the entry of the additional Services listed on the Order confirmation.
This validation is worth signature and express acceptance of all the operations carried out on P.A.T.
Article 7.
OBLIGATIONS OF THE PARTIES
.1.
Obligation of the Owner
The Owner agrees to:
- Provide true and accurate information, modify it promptly when necessary and keep it up to date,
- Do not use P.A.T. for the purpose of transmitting by any means whatsoever unsolicited advertising (including spam),
- To comply with the applicable legislation and regulations, in particular those relating to the legal and fiscal obligations involved in renting the Property and publishing the Advertisements. In this respect, the Owner shall remain responsible for all tax and VAT obligations incumbent upon him/her and shall provide the company with all the information required to issue invoices in his/her name and on his/her behalf.
- Have all the necessary authorizations and/or clearances to make the Property available,
- Guarantee that the provision of the Property does not violate any third party rights,
- Take out the necessary insurance for the provision of the Property in its capacity as Owner,
- Finalize the reservation on P.A.T in case of agreement with the Professional on the latter.
.2.
Obligations of PRET A TOUR
PRET A TOURNER is committed to
- To provide the Owner with a right of access to P.A.T. In this respect, it is expressly specified that within the framework of the publication of Advertisements, P.A.T. is in no way bound by any duty to advise the Owner or by any duty to verify the information that he will have communicated or that will be communicated to him by the Professional.
- Ensure the proper technical functioning of P.A.T.
.3.
Obligations of the Professional
The Professional agrees to:
- Provide true and accurate information, modify it promptly when necessary and keep it up to date,
- Do not use P.A.T. for the purpose of transmitting by any means whatsoever unsolicited advertising (including spam),
- Comply with the applicable legislation and regulations, in particular those relating to the legal and fiscal obligations involved in the temporary occupation of the Property. In this respect, the Professional shall remain responsible for all tax obligations relating to VAT,
- Take out the necessary insurance for the occupation of the Property,
- Have all the necessary authorizations and/or clearances for the temporary occupation of the Property,
-
The Professional is required to return the Owner's Accommodation (including all personal effects or other property in the rented premises) in the condition in which it was found on arrival.
-
In this respect,
the Professional is obliged to take out an insurance policy guaranteeing his professional civil liability against all risks causing bodily injury, material and immaterial damage within the framework of the rental and use of the Owner's Property, during the entire duration of the rental and until the last day of production in the rented premises, by an insurance policy in force with a company known to be solvent The Professional shall pay the premiums and deductibles of the insurance policies taken out and, at the first request of P.A.T., undertakes to provide it with all certificates relating to the present obligations.
-
Finalize the reservation on P.A.T in case of agreement with the
Owner
on the latter,
- Cite the name of the Provider, the digital executive producer, in the credits of the Film in the following manner (or in equivalent terms):
"Executive Production-Location Scouting:
Ready to shoot (R.T.S.
)
Article 8.
RIGHT OF WITHDRAWAL APPLICABLE TO THE CONSUMER
The consumer Owner has a period of 14 calendar days from the date of subscription to the Additional Services to exercise his right of withdrawal from PRET A TOURNER without having to justify his decision.
However, in accordance with article L.221-25 of the French Consumer Code, if the consumer Owner wishes the execution of the additional Service(s) to begin before the end of the withdrawal period mentioned above, he/she must expressly indicate this to PRET A TOURNER when subscribing to the additional Service(s).
.1.
Exercise of the right of withdrawal
The consumer Owner exercises his right of withdrawal by informing PRET A TOURNER of his decision to withdraw by sending, before the expiry of the aforementioned period :
- The retraction form (reproduced in the Appendix of the present document) by returning it to PRET A TOURNER at the address indicated in article 1.2 of the GCU.
- An unambiguous statement (e.g. letter sent by post, fax or e-mail) indicating the precise number of the order and to be returned to the address indicated in article 1.2 of the GCU.
If the consumer Owner uses electronic means, PRET A TOURNER will send him/her without delay an acknowledgement of receipt of the withdrawal on a durable medium (for example, by e-mail).
.2.
Effects of withdrawal
In the event that the right of withdrawal is exercised, PRET A TOURNER will reimburse the consumer Owner for the sums paid by the latter when subscribing to the additional Service(s), which are the subject of the withdrawal.
PRET A TOURNER will proceed with the reimbursement using the same means of payment that the Consumer Owner used for the initial transaction, unless the Consumer Owner expressly agrees to another means of payment, provided that the reimbursement does not incur any costs for the latter.
Article 9.
CANCELLATION OF THE SERVICE OF SETTING IN RELATION BY THE OWNER.
The Owner is free to delete his account at any time without justification.
Article 10.
TERMINATION OF THE MATCHMAKING SERVICE AND ADDITIONAL SERVICES BY PRET A TOURNER
PRET A TOURNER may terminate the matchmaking services if the Owner fails to comply with the following obligations:
- Non-compliance by the Owner with the obligations set out in articles 4.2, 4.3 and 6 of these GCU,
- Abusive use of P.A.T., of the Services in particular those allowing the publication of photos on line, of the internal communication system of P.A.T,
- In case of non-compliance with the applicable regulations regarding the provision of Property,
- In case of abusive, unfair, negligent practices and bad faith actions of the Owner (cancellation of last minute availability, acceptance of several proposals from Professionals for the same dates or dates that overlap, and likely to damage the image of P.A.T.),
- Non finalization of the reservation on P.A.T in case of agreement on the provision of the Property.
Article 11.
RESPONSIBILITY
.1.
Responsibility of the Owner
The Owner is entirely responsible for the content of its publications.
The Owner shall also comply with all applicable laws and regulations regarding the provision of Goods. Consequently, the Owner is solely responsible for any non-compliance in this regard.
Furthermore, the Owner is responsible for any damage caused to PRET A TOURNER due to illegal, unfair or immoral use of P.A.T. (in particular, damage caused to the platform, its system, its data, but also any damage resulting from the publication of an illegal or unfair Ad).
As the Contract is concluded between the Owner and the Professional, it is reminded that the Owner is solely responsible under the conditions of common law with regard to the Professional in the event of non-performance or poor performance of his obligation to provide the service.
.2.
Responsibility of PRET A TOUR
It is reminded that PRET A TOURNER provides a contact service with, if necessary, the provision of additional services to facilitate the connection of the Owner with a Professional.
PRET A TOURNER remains a third party in the relationship between the Owner and the Professional. PRET A TOURNER does not recommend any particular Property or any particular conditions for the provision of the Property, nor does it provide a service to promote the Property.
PRET A TOURNER cannot therefore be held responsible, in any way whatsoever, in the event of non-performance or poor performance of the Contract by the Owner or the Professional.
In particular, PRET A TOURNER shall not be held responsible for any damage and/or failure attributable to the Professional, an alleged failure in a duty of advice or information, in the event of damage to the Property.
Furthermore, PRET A TOURNER excludes all responsibility in the event of the Professional's insolvency, for whatever reason, even if this insolvency is considered to be known or proven.
PRET A TOURNER only provides a technical intermediation service. Therefore, PRET A TOURNER makes every effort to provide the Owner with the information transmitted by the Professional provided that the latter has supplied reliable, clear and complete information. In any case, it is not up to PRET A TOURNER to verify the information transmitted by the Professional. Consequently, PRET A TOURNER cannot be held responsible in the event that the Professional provides erroneous, inaccurate or false information. It is the responsibility of the Owner, the direct co-contractor of the Professional, to ensure the veracity of the information transmitted.
Finally, PRET A TOURNER can in no way be held responsible for events beyond its control or for cases of force majeure affecting the implementation of these GTUs.
PRET A TOURNER is only responsible for the good functioning of P.A.T.
Article 12.
INTELLECTUAL PROPERTY
PRET A TOURNER is the owner of all the intellectual property rights relating to P.A.T.
The Owner expressly acknowledges that the brand name "P.A.T PRET A TOURNER" is duly registered, as well as all existing or future acronyms, brands and logos which are derived from or complement it, are and will remain the exclusive property of PRET A TOURNER.
Consequently, the Owner is formally prohibited from proceeding directly or indirectly, in any country whatsoever and in any class whatsoever, with the registration of the above-mentioned trademark.
In the same way, the Owner is formally forbidden from proceeding, directly or indirectly, in any country and in any class, to register any other brand, any domain name and/or any distinctive sign which may be linked to the brand or to the services of PRET A TOURNER, or which may be an accessory or derivative, or which may be similar to the brand or to any of the distinctive signs used by PRET A TOURNER within the framework of its activity. Failing this, PRET A TOURNER reserves the right to obtain compensation by any means.
PRET A TOURNER acknowledges that it will not be able to claim any intellectual property rights on the audiovisual productions as well as on the productions of cultural events and photographic productions.
As the sole owner of the intellectual property rights attached to the productions (subject to the inalienable rights of the authors), the Professional shall have full freedom to entrust to any third party of his choice any additional technical and/or executive production service.
It is recalled, as necessary, that the Professional is the exclusive owner of all intangible and tangible rights relating to the production of the work or has been entrusted by the Owner (s) the mission to carry out the production of the work under a service contract. P.A.T cannot prevail itself of any intellectual property right in this respect under the services carried out in application of the present GCU, which it expressly recognizes.
By virtue of these GCU, the Professional will have all quality for the exercise of the aforementioned rights, which he will use as he sees fit, in particular by passing all publishing, representation and broadcasting contracts, transfer or authorization, by whatever means, useful for the exploitation of the audiovisual production, cultural event or photographic. Consequently, the Professional is the only one responsible for the respect of the intellectual property rights of all third parties participating directly or indirectly in the production of the work, in particular at the time of the renting of the place via the P.A.T platform, and guarantees as such P.A.T against all recourse and complaints of these third parties.
Article 13.
PERSONAL DATA
The Owner is invited to declare his/her acceptance for the use of his/her personal data by the data controller and the persons listed below. By accepting these GTC, the Owner agrees to the processing of his/her personal data.
The personal information collected is necessary and mandatory for the processing of the Owner's registration on P.A.T.
Unless he/she objects at any time, the Owner accepts that the data will be transmitted for the sole purpose of his/her registration on P.A.T. and within the limits of the information strictly necessary:
-
people in charge of the IT, administrative, marketing, sales, customer relations and prospecting departments, as well as their line managers;
-
PRET A TOURNER's partners. For the purposes of paying for orders, bank information and data are collected by Mangopay, the payment service provider. The solution for processing payments is subcontracted to Mangopay. The information relating to the personal data of cardholders necessary for the management of the order is kept for 13 months from the date of processing of the payment.
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The person in charge of the treatment takes all useful precautions to preserve the confidentiality, the safety of the data and, in particular, to prevent that they are deformed or damaged or that unauthorized third parties have access to them.
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The Owner has, at any time :
- a right of access to the information concerning him/her, a right to have it rectified or completed if it is inaccurate or incomplete, equivocal, outdated, or illicit, updated, locked or deleted, a right to oppose its transmission to third parties, a right to oppose without charge that it be used to send him/her commercial solicitations, and, more generally, a right to oppose any other form of processing; rectify, complete, update, block or delete personal data concerning him/her that are inaccurate or incomplete.
- the right to set up instructions for the retention, deletion and disclosure of his or her personal data after his or her death, the right to change or revoke them, the right to choose whether or not to disclose his or her data to a third party that he or she designates.
The Owner may exercise these rights in accordance with the terms and conditions set out in article 1.2 of these GTUs
.
Article 14.
APPLICABLE LAW AND DISPUTES
The present GTU are subject to French law.
.2.
Amicable resolution of the dispute
In case of
dissatisfaction with the use of P.A.T.
the use of P.A.T, the Owner may send any written complaint to PRET A TOURNER by means of P.A.T's internal messaging system or to the contact details indicated in article 1.2 of these GCU. The Owner's claim will be dealt with as soon as possible. In case of disagreement on the proposed solution, the Owner may have recourse, at his discretion, to a mediator designated in article 15.1.2 of the present GCU.
In the event that the consumer Owner's complaint is not dealt with to his/her satisfaction, the consumer Owner may, in accordance with the provisions of the Consumer Code, refer the matter to the Mediator
This mediation is free of charge for all consumer Owners using P.A.T.
The Owner is free to resort to mediation and, in case of recourse to mediation, to accept or refuse the solution proposed by the mediator.
PRET A TOURNER informs the Customer that, in addition to access to the mediator, the European Commission has set up an online platform
https://webgate.ec.europa.eu/odr/, whose purpose is to collect complaints from European consumers following the performance of an online service.
.3.
Competent Jurisdiction
In any event, the Owner may bring the matter before the competent courts pursuant to Article 42 of the Code of Civil Procedure, i.e. the courts of the defendant's place of residence. In addition, pursuant to Article D.631-3 of the Consumer Code, the consumer Owner may bring the matter before the courts of the place where he/she is domiciled or where the harmful event occurred.
APPENDIX: Withdrawal Form
(Please complete and return this form by any written means only if you wish to withdraw from the contract)
By mail, to the following address: [TO BE COMPLETED]
By e-mail, to the following address (*):
By Fax: [TO BE COMPLETED]
I/We (**) hereby notify you (**) of my/our (**) withdrawal from the contract for the following order:
Name/First Name:
Address:
Order No. :
Ordered on :
Received on :
Date:
Signature:
(Only in case of notification of this form on paper).
(*) It is your responsibility to verify that you have received the e-mail acknowledging receipt of your e-mail.
(**) Cross out what is not applicable.
