Payment policy

  1. CONDITIONS OF SERVICE RELATING TO PAYMENTS
    1. Scope and use of Payment Services
    2. Main definitions
    3. Modification of these Payment Conditions
    4. Eligibility, Verification of Members using the site
    5. Creation of an account
    6. Payment methods and Payment methods
    7. Financial conditions for Hosts
      1. General stipulations
      2. Payments
      3. Financial conditions for Travelers
    8. Designation of MASONSHOSPITALITY as a Collection Agent on a limited basis
    9. General financial conditions
      1. Fees
      2. Payment authorizations
      3. Refunds
      4. Errors in the processing of payments
      5. Recoveries
    10. Security deposits
    11. Currency conversion
    12. Prohibited activities
    13. Intellectual property and Rights notices
    14. Notes
    15. Exclusions
    16. Responsibility
    17. Compensation
    18. Termination, Suspension and other Measures
    19. Applicable law and competent jurisdiction
    20. Dispute resolution and Arbitration Agreement
    21. General stipulations
    22. Resolution procedures in the event of diverted payments
    23. Contact MASONSHOSPITALITY
  2. CONDITIONS OF SERVICE RELATING TO A LITIGATION
    1. Definitions of key terms
    2. Limits and exclusions
    3. Exclusions and limitations of liability
    4. Entire agreement
    5. Transfer
  3. REFUND POLICY FOR TRAVELERS AND HOSTS
    1. Accommodation Problem
    2. Refund Policy
    3. Conditions for submitting a Claim regarding a Hosting Problem
    4. Minimum Quality Standards, Host Responsibilities and Travelers and Hosts Reimbursement
    5. General provisions
    6. Applicable Law

1. TERMS OF SERVICE FOR PAYMENTS

Date of last update: 18/05/2023.

Please read these Payment Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By using MANGOPAY's payment services, you agree to comply with and be bound by MANGOPAY's Terms of Service for Payments.

By accepting these Payment Terms of Service, you agree to be bound by this arbitration and class action waiver clause under French law. Please read it carefully.

These Payment Terms of Service ("Payment Terms") constitute a legally binding agreement ("Agreement") between you, MASONSHOSPITALITY and MANGOPAY governing the Payment Services (as defined below) made through the MANGOPAY site.

Where these Payment Terms refer to "MANGOPAY", "we", "us" or "our", they refer to the MANGOPAY company with which you are contracting for payment services.

1.1 Scope and use of Payment Services

  1. MANGOPAY provides payment services to Members using the site, including payment collection, payment and remittance services, in connection with and through the MASONSHOSPITALITY site ("Payment Services").
  2. MANGOPAY may limit the availability of the Payment Services, or certain services or functions thereof, in order to perform maintenance measures that ensure the proper functioning or improved functioning of the Payment Services. MANGOPAY may improve and modify the payment services and introduce new payment services at any time.
  3. You may not use the payment services on our site unless you are permitted to do so by the laws of the jurisdiction in which you reside, i.e. your country of residence, and any other applicable laws. The payment services may not be used to send or receive funds to a country under embargo from France or to a person who is legally unfit or unauthorised to use payment facilities on our site under French law.
  4. Your access to or use of certain MANGOPAY payment services may be subject to or require your acceptance of additional terms and conditions. In the event of any inconsistency between these Payment Terms and the terms and conditions applicable to that specific payment service, the latter terms and conditions will govern your use of or access to that payment service, unless otherwise specified.

1.2. Main definitions

"Country of Residence" means the jurisdiction associated with your MASONSHOSPITALITY Account, as determined by MASONSHOSPITALITY's assessment of your place of residence using several data attributes associated with your MASONSHOSPITALITY Account.

"Payment" means a payment initiated by MASONSHOSPITALITY to a member for services (such as the posted price or fees for services offered) performed in connection with the MASONSHOSPITALITY site.

"Payment Method" means a financial instrument that you have added to your MASONSHOSPITALITY account, such as a credit card or debit card.

"Remittance Method" means a financial instrument that is linked to your MASONSHOSPITALITY account and attached to a MANGOPAY wallet account.

1.3 Modification of these Terms of Payment

MASONSHOSPITALITY reserves the right to change these Terms of Payment at any time in accordance with these Terms, based on MANGOPAY's terms. If we change the Payment Terms, we will post the revised Payment Terms on the MASONSHOSPITALITY website and change the "Last Updated" date at the top of these Payment Terms. We will also provide you with an email notice of the change at least thirty (30) days before the date it takes effect.

1.4. Eligibility, Verification of Members using the site

  1. If you are accepting these Terms of Payment on behalf of a company or other legal entity (third party), you represent and warrant that you have the right to bind that company or other legal entity (including third parties) to these Terms of Payment and, in this case, "you", "your" and "yours" shall refer to and apply to that company or other legal entity.
  2. MANGOPAY may make necessary enquiries to help verify or monitor your identity or prevent fraud. This verification usually takes between 24 and 72 hours. For reasons of protection of your personal data, your ID is verified and then not retained. For this purpose, you authorize MANGOPAY, through the MASONSHOSPITALITY site, to search databases of other parties or other sources about you and to request reports from service providers. In some jurisdictions, we are legally required to collect identity-related information in order to comply with anti-money laundering regulations. This may include asking you to provide proof of national identity (e.g., driving licence or passport), date of birth, address, and other information, requiring you to complete steps to confirm that your e-mail address, payment methods, or remittance methods belong to you, or attempting to match your information with other databases. MASONSHOSPITALITY reserves the right to terminate, suspend or limit access to MANGOPAY's payment services in the event that we are unable to obtain or verify any of this information.

1.5. Creation of an account

  1. In order to use MANGOPAY payment services, you must have a MASONSHOSPITALITY account in good standing. If you close or MASONSHOSPITALITY closes your MASONSHOSPITALITY account for any reason, you will no longer be able to use MANGOPAY payment services.
  2. You may use the services of the site on behalf of a third party (your family member or close friend) through your MASONSHOSPITALITY account, under your control and responsibility in accordance with the GTS/GTU and our commitment to Non-Discrimination and Respect. You acknowledge and agree that anyone you authorize to use your MASONSHOSPITALITY account may use MANGOPAY payment services only through you and that you will be responsible for any payments made on behalf of that person.

1.6. Methods of payment and methods of remittance

The secure payment module used on the MASONSHOSPITALITY website is MANGOPAY.

  1. When the MANGOPAY payment method or remittance method is linked to your MASONSHOSPITALITY account, you will be asked to provide standard billing information, such as name, billing address, and financial instrument information via the MASONSHOSPITALITY website. You must provide accurate, current and complete information for the proper operation of our payment or remittance methods and you must update it at all times. Required information may include your home address, account holder name, account type, routing code, account number, email address, remittance currency and account information associated with a particular payment organisation.
  2. When you add or use a new Payment Method, MANGOPAY may verify the Payment Method by authorizing a nominal amount or by authenticating your account with another payment provider. When you add a payment method at the time of payment, we automatically save that payment method associated with your MASONSHOSPITALITY account and your MANGOPAY account so that it can be used for a future transaction.
  3. You authorize MASONSHOSPITALITY and MANGOPAY to retain your payment method information and to debit your payment method as set forth in the Payment Terms. If your payment method account information changes (e.g., account number, routing code, expiration date) for any reason (e.g., reissue of credit card), we require you to update this information with your financial services partner or bank and update your payment method through your MASONSHOSPITALITY account.
  4. You are solely responsible for the accuracy and completeness of your payment method and remittance method information. MASONSHOSPITALITY or MANGOPAY shall not be liable for any loss you suffer as a result of incorrect payment method or remittance information provided by you.

1.7. Financial conditions for Hosts

1.7.1. General stipulations

Generally, MANGOPAY, through MASONSHOSPITALITY will collect the total fees from a traveler at the time the traveler's reservation request is accepted by the host. These total fees will be held in a wallet before they are paid separately to the host and the MASONSHOSPITALITY service fee prior to your scheduled arrival date with your host, during which time you may cancel your reservation at any time and receive a refund according to our refund policy, described below.

Remember to inform your traveler in advance if you may have a problem to receive him/her.

1.7.2. Payments / Remittance

  1. Once you have registered on the site, in order to receive a deposit, you have a valid MANGOPAY deposit method linked to your MASONSHOSPITALITY account. Your MASONSHOSPITALITY account is linked to a MANGOPAY account that will process the payments within 24 hours of the traveler's scheduled arrival time (or within 24 hours after 3:00 p.m. local time - or 3:00 p.m. UTC if local time is unknown - if the arrival time is flexible or not specified),
  2. The time required to receive payments once delivered by our MANGOPAY provider may depend on its processing time.
  3. Your payment for a reservation will be the posted price and the MASONSHOSPITALITY website service fee.
  4. If a requested reservation is cancelled because it was cancelled by the Traveler and before 7 full days before the expected arrival date of the accepted reservation, all amounts collected by MASONSHOSPITALITY via MANGOPAY will be refunded to the Traveler (website service fee + overnight stay fee) minus one euro. The Host will not be entitled to any compensation. If a requested reservation is cancelled because it was cancelled by the Traveller and after 7 full days before the expected date of arrival in case of an accepted reservation, the Host will receive as compensation by MASONSHOSPITALITY via MANGOPAY 20% of the expected overnight stay costs. The time required to receive payment will vary depending on the method of payment and the rules of any applicable payment system (e.g. Visa, MasterCard, etc.).
  5. MANGOPAY will remit your payments according to your selections on the MASONSHOSPITALITY website. Amounts may be rounded up or down as described in the MASONSHOSPITALITY Terms and Conditions. MANGOPAY supports the payment of amounts that are payable by travelers to hosts in the smallest unit supported by a given currency (Example: US cents, Euro cents or other supported currencies). For example, MANGOPAY can round up an amount of €101.50 to the next higher integer €102 and round down an amount of €101.49 to the next lower integer €101.

1.7.3. Financial conditions for Travelers

  1. You authorise MASONSHOSPITALITY to debit your payment method with the Total Fees for any booking requested in connection with your MASONSHOSPITALITY account via MANGOPAY. MANGOPAY will collect the Total Fees in the manner agreed between you and MASONSHOSPITALITY through the MASONSHOSPITALITY website. MANGOPAY will generally collect the Total Fees after the Host has accepted your booking request.
  2. When you request to book an ad, MANGOPAY may also obtain pre-authorization through your payment method for the total fee, debit or authorize a nominal amount from your payment method to verify your payment method, or authenticate your account through another payment provider to verify your payment method.
  3. If a requested reservation is cancelled either because it is not accepted by the host or because you cancel the reservation request before it is accepted by the host and before 7 full days before your expected arrival date in case of an accepted reservation, all amounts collected by MASONSHOSPITALITY via MANGOPAY will be refunded to you (accommodation fee) minus a 1 Euro service fee. If a requested reservation is cancelled after 7 full days prior to your expected arrival date in case of an accepted reservation, the amounts collected by MASONSHOSPITALITY via MANGOPAY will be refunded to you at 80% of the overnight stay fee and 20% of the overnight stay fee will be deducted from you to be paid to the host. MASONSHOSPITALITY will charge and retain a maximum of 10 euros for the service fee of the website. The time required to receive the refund or for the prior authorization to be lifted will vary depending on the payment method and the rules of any applicable payment system (e.g. Visa, MasterCard, etc.).

Remember to inform your host in advance if you need to cancel your trip.

  1. You authorize MASONSHOSPITALITY, via MANGOPAY, to perform the payment method verifications described above, and to debit your payment method for any bookings made in connection with your MASONSHOSPITALITY account. You hereby authorize MASONSHOSPITALITY, MANGOPAY to collect any amounts due by debiting the payment method provided at the time of payment, whether directly by MASONSHOSPITALITY or indirectly through the MANGOPAY online payment service.

1.8. Designation of MASONSHOSPITALITY as Collection Agent on a limited basis

In the absence of amicable resolution, any dispute will be brought before the courts of ANGERS (49000) FRANCE and in particular, the Commercial Court of ANGERS (49000).

1.9. General financial conditions

1.9.1. Fees

MASONSHOSPITALITY may charge a fee for the use of the MANGOPAY payment services and any applicable fees will be disclosed to members using the site on the MASONSHOSPITALITY site.

1.9.2. Payment Authorizations

You authorize MASONSHOSPITALITY to collect from you the amounts owed in accordance with the Payment Terms or the MASONSHOSPITALITY Terms. Specifically, you authorize MASONSHOSPITALITY to collect from you:

  1. Any amounts owed to MASONSHOSPITALITY (e.g., as a result of your reservations, changes to reservations, cancellations or other actions as a Traveler, Host, or user of the MASONSHOSPITALITY website), including the reimbursement of amounts prepaid by MASONSHOSPITALITY on your behalf, by debiting any payment method registered to your MASONSHOSPITALITY account (unless you have previously revoked authorization to charge such payment method(s)) or by withholding such amounts from your future payments. The funds collected by MANGOPAY will offset the amounts you owe to MANGOPAY and MASONSHOSPITALITY and will extinguish your obligations to MASONSHOSPITALITY;
  2. Taxes, where applicable and in accordance with MASONSHOSPITALITY conditions;
  3. Improperly Extended Stay Fees payable under the MASONSHOSPITALITY Terms. In addition, MASONSHOSPITALITY may recover the costs and expenses incurred in collecting the Improperly Extended Stay Fee by debiting any payment method registered on your MASONSHOSPITALITY account (unless you have previously revoked the billing authorization for such payment method(s)).
  4. Any service charge or cancellation fee imposed under the MASONSHOSPITALITY Terms and Conditions (e.g. if, as a host, you cancel a confirmed booking without justification after 72 hours before the traveler's expected arrival date); MASONSHOSPITALITY shall be entitled to recover the fee from you.
  5. Fees that have been improperly paid to you as a host. If, as a host, your traveler cancels a confirmed booking or MASONSHOSPITALITY decides that it is necessary to cancel a confirmed booking and MASONSHOSPITALITY, via MANGOPAY, issues a refund to the traveler in accordance with the MASONSHOSPITALITY Terms, Traveler Refund Policy, Extenuating Circumstances Policy or other applicable cancellation policy, you agree that if you have already been paid, MASONSHOSPITALITY shall be entitled to recover the refund amount from you.
  6. In addition to the amounts due as described above, if there are any Pending Acceptance Amounts or Chargebacks associated with your payment method, you may be charged for the costs associated with collecting the Pending Acceptance Amounts and Chargebacks. These fees may include collection fees or other fees.

1.9.3. Refunds

  1. Any refund or credit due to a member under the MASONSHOSPITALITY Terms and Conditions shall be initiated and paid by MANGOPAY.
  2. All refunds may be subject to the MASONSHOSPITALITY Terms and Conditions, the Extenuating Circumstances Policy and the Traveller's Refund Policy. If for any reason a traveller or MASONSHOSPITALITY decides to cancel a confirmed booking under the MASONSHOSPITALITY Terms and Conditions, the Traveler Refund Policy or the Extenuating Circumstances Policy, you agree that MASONSHOSPITALITY shall not be liable for the cancellation, nor for the refund, other than for its obligations to provide refunds or payments under the Terms of Payment.

1.9.4. Payment processing errors

We will take steps to correct any payment processing errors on the part of MANGOPAY that come to our attention. These steps may include, as appropriate, crediting or debiting the same remittance method or payment method used for the original payment to or by you, so that you ultimately collect or pay the correct amount. This may be done by MANGOPAY or another institution such as your financial institution.

1.9.5. Overlays

If MANGOPAY, via MASONSHOSPITALITY, is unable to collect any amounts owed by you under the Payment Terms, MANGOPAY may take steps to collect the amounts from you.

1.10. Guarantee deposits

  1. If, as a traveler or on behalf of a third party, you agree to pay the host in connection with a claim, or MASONSHOSPITALITY determines that you are responsible for damaging an Accommodation or any personal or other property located in an Accommodation in accordance with the MASONSHOSPITALITY Terms, you authorise MANGOPAY to debit the method of payment used to make the booking.

1.11. Currency conversion

MANGOPAY will process each transaction preferably in Euro (€). The currencies available to make and receive payments for a given transaction may be limited for regulatory or operational reasons based on factors such as the payment method or method of remittance chosen by the member and/or the country of residence of the member or MASONSHOSPITALITY's contracting entity(ies). Any such restrictions will be communicated via the MASONSHOSPITALITY website and you may be required to use an alternative payment method or remittance method.

1.12. Prohibited Activities

You are solely responsible for compliance with all laws, rules and regulations, and tax obligations that may govern your use of the Payment Services. With respect to your use of the Payment Services, you may not and agree that you will not, and will not assist or permit any third party (see our NDP) to:

  1. Violate or circumvent any applicable laws, regulations or agreements with other parties, the rights of other parties or the MASONSHOSPITALITY Terms.
  2. Use the Payment Services for any commercial or other purpose not expressly permitted by these Payment Terms;
  3. Register or use any Payment Method or Remittance Method on your MASONSHOSPITALITY Account that you do not own or are not authorised to use;
  4. Avoid, hijack, remove, disable, damage, decode, or circumvent any technical measures put in place by MASONSHOSPITALITY or any MASONSHOSPITALITY provider or any other party to protect the Payment Services;
  5. Take any action that disrupts or impairs, or could disrupt or impair, the performance or proper functioning of the Payment Services;
  6. Attempt to decipher, decompile, disassemble or reverse engineer the software used to provide the Payment Services or infringe or prejudice the rights of any other party.

1.13. Intellectual property and Rights notices

  1. The Payment Services are protected by copyright, trademark and other laws in force in France and international laws. You acknowledge and agree that the Payment Services, including any intellectual property rights, are the exclusive property of MASONSHOSPITALITY and its licensors, if any. You will not remove, alter or obscure any copyright, trademark or other proprietary notices incorporated in or attached to the Payment Services. All trademarks, logos, trade names, and other proprietary designations of MASONSHOSPITALITY used in connection with the Payment Services are registered trademarks or trade names of MASONSHOSPITALITY in France and abroad. Trademarks, logos, trade names, and any other designations of other parties used in connection with the Payment Services are used solely for identification purposes and may be the property of their respective owners.
  2. You shall not use, copy, adapt, modify, prepare derivative works based on, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Payment Services except as expressly permitted in these Payment Terms. No license or right is granted to you by implication or otherwise in any intellectual property rights owned or controlled by MASONSHOSPITALITY, MASONSHOSPITALITY, or its licensors, if any, except for the licenses and rights expressly granted by these Payment Terms.

1.14. Remarks

We invite and encourage you to provide us with feedback, comments and suggestions so that we can improve the Payment Services. You can submit feedback by sending us an e-mail.

1.15. Exclusions

  1. If you choose to use the Payment Services, you do so voluntarily and at your own risk. To the extent permitted by law, the Payment Services are provided on an "as is" basis without warranty of any kind, either express or implied.
  2. Notwithstanding MASONSHOSPITALITY's appointment as a limited payment collection agent to accept payments from site user Members purchasing through the MASONSHOSPITALITY site, MASONSHOSPITALITY expressly disclaims any and all liability for any act or omission of any Member or other third party. MASONSHOSPITALITY has no duty or obligation as agent to each Member user of the site except as expressly set forth in our Terms of Payment, and any additional duties or obligations that may be implied by law are expressly excluded.
  3. If we choose to verify an individual's identity when applying for membership through MANGOPAY, to the extent permitted by law, we disclaim any warranty, express or implied, that such verifications will identify any past misconduct by a member or that a member will not engage in any future misconduct.
  4. The exclusions in our Terms apply to the fullest extent permitted by law. You may have other legal rights or warranties that cannot be legally excluded. However, the duration of any imposed warranties may be limited by law.

1.16. Liability

  1. Except as provided in section b. below, you acknowledge and agree that, to the fullest extent permitted by law, the entire risk arising from your access to and use of MANGOPAY payment services on our site is with you. Neither MASONSHOSPITALITY nor MANGOPAY involved in creating, producing or delivering the payment services shall be liable for any form of damages, including loss of profits, loss of data or goodwill, interruption of service, computer damage, system failure, the cost of substitute products or services, or any damages arising from any personal injury, physical injury or emotional distress arising directly or indirectly from our Payment Terms, the use of or inability to use the Payment Service, all communications, interactions or meetings with other members of the site or other third parties with whom you communicate or interact or whom you encounter in connection with your use of the Payment Services, whether under warranty, contract or harm (including negligence), product liability or any other legal theory, and regardless of whether MASONSHOSPITALITY has been advised of the possibility of such damages, even if any limited remedy set forth in our Terms has failed of its essential purpose. Except for our obligation to pay amounts owed to applicable site members in accordance with our Terms of Payment or pursuant to an approved payment request as part of MASONSHOSPITALITY's overall liability arising out of or relating to the Terms of Payment and your use of the MANGOPAY payment service, including, without limitation, your use of or inability to use such payment service, shall in no event exceed the amounts paid or owed by you for bookings made on MASONSHOSPITALITY as a traveler in the twelve (12) months prior to the event giving rise to liability or, if you are a host, the amounts paid to you by MASONSHOSPITALITY in the twelve (12) months prior to the event giving rise to liability, or the sum of one hundred Euros (€100), if no such payment has been made, as the case may be. The foregoing limitations of damages are fundamental elements of the agreement between MASONSHOSPITALITY and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. The above limitations may not apply to you. If you reside outside of the United Kingdom, the foregoing shall not apply to MASONSHOSPITALITY's liability for death, personal injury or non-bodily injury caused by MASONSHOSPITALITY's negligence, nor for misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
  2. If you reside in the European Union or Australia, section a. above does not apply and MASONSHOSPITALITY is liable under certain provisions of law for intentional and gross negligence committed by us, our legal representatives, directors or agents. This also applies to the assumption of warranties or other objective liability or in the event of culpable injury to life, limb and/or health. MASONSHOSPITALITY shall be liable for unintentional breaches of essential contractual obligations by us, our legal representatives, directors or agents. Essential contractual obligations are obligations of MASONSHOSPITALITY which you expect to be fulfilled and on whose fulfilment you must rely for the proper performance of the contract, but the amount shall be limited to foreseeable and current damages. Any other liability of MASONSHOSPITALITY is excluded to the extent permitted by law.

1.17. Compensation

You agree to release, defend (at MASONSHOSPITALITY's option), indemnify and hold harmless MASONSHOSPITALITY and their officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys' and accountants' fees, arising out of or in any way connected with your breach of our Payment Terms, your improper use of the payment service, the collection and payment of resort fees, or your violation of any law, regulation or right of a third party or another party.

1.18. Termination, Suspension and other Measures

  1. You may terminate this Agreement at any time by sending us an email or by following the termination procedures specified in the MASONSHOSPITALITY Terms. Termination of this Agreement will also serve as notice of deletion of your MASONSHOSPITALITY account in accordance with the MASONSHOSPITALITY Terms. If you delete your MASONSHOSPITALITY account as a Host, MASONSHOSPITALITY will issue a full refund to all Travelers with one or more confirmed bookings taking into account the Host and Traveler Financial Conditions referred to in 1.7. and 1.7.3. If you delete your MASONSHOSPITALITY account as a traveler, MASONSHOSPITALITY will refund any confirmed reservation(s) in accordance with the refund policy.
  2. Without limiting our rights specified below, MASONSHOSPITALITY may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice by email to the email address you provide.
  3. MASONSHOSPITALITY may terminate this Agreement immediately, without notice, if you have breached any of your material obligations under this Agreement; you have provided inaccurate, fraudulent, outdated or incomplete information, you have violated any applicable laws, regulations or the rights of others, or MASONSHOSPITALITY believes in good faith that the action is reasonably necessary to protect other member users of the site, MASONSHOSPITALITY, third parties or another party (e.g., in the case of fraudulent member or third party conduct).
  4. In addition, MASONSHOSPITALITY may temporarily or permanently limit or suspend your use of or access to the Payment Services in order to comply with any applicable law, order or request of a court, law enforcement or other governmental or administrative body, or if you have violated our Payment Terms, the MASONSHOSPITALITY Terms, any applicable laws, regulations or rights of third parties and other parties you have provided inaccurate, fraudulent, outdated or incomplete information regarding a payment method or remittance method, or MASONSHOSPITALITY believes in good faith that the action is reasonably necessary to protect the safety of the personnel or property of MASONSHOSPITALITY, its member users of the site, or third parties, or to prevent fraud or other illegal activity.
  5. In the case of non-substantive violations, you will be given notice of any action taken by MASONSHOSPITALITY and an opportunity to resolve the matter in a manner reasonably satisfactory to MASONSHOSPITALITY.
  6. If you are a host and we take any of the actions described in this Section, we may refund your travelers in full for any or all confirmed bookings, regardless of any pre-existing cancellation policies, and you will not be entitled to any compensation for outstanding or confirmed bookings that have been cancelled.
  7. If your access to or use of the Payment Services has been restricted or we have terminated this Agreement, you may not create a new MASONSHOSPITALITY account or attempt to access or use the Payment Services through another member's MASONSHOSPITALITY account.

1.19. Applicable law and competent jurisdiction

In the absence of an amicable resolution, the dispute will be brought before the courts of ANGERS (49000) FRANCE and in particular, the Commercial Court of ANGERS (49000).

1.20. Dispute resolution and Arbitration agreement

In the absence of amicable resolution, the dispute will be brought before the courts of ANGERS (49000) FRANCE and in particular, the Commercial Court of ANGERS (49000).

1.21. General stipulations

  1. Except as may be supplemented by additional terms and conditions, policies, guidelines, or standards, our Payment Terms constitute the entire agreement between MASONSHOSPITALITY and you and supersede all prior oral or written agreements and understandings between MASONSHOSPITALITY and you with respect to Payment Services.
  2. No joint venture, partnership, subordination or agency relationship exists between you or MASONSHOSPITALITY as a result of this Agreement or your use of the Payment Services.
  3. If any provision of these Terms of Payment is held to be invalid or unenforceable, the provision shall be void without affecting the validity and enforceability of the remaining provisions.
  4. MASONSHOSPITALITY's failure to enforce any right or provision of our Terms of Payment shall not constitute a waiver of the right or provision unless acknowledged and agreed to by us in writing. Unless otherwise expressly provided in our Terms of Payment, the exercise by either party of any remedy available to it under our Terms of Payment shall be without prejudice to any other remedy available to it under our Terms of Payment or at law.
  5. You may not assign, transfer or delegate this Agreement or your rights and obligations under our Terms of Payment without MASONSHOSPITALITY's prior written consent. MASONSHOSPITALITY may assign, transfer or delegate this Agreement and any of its rights and obligations in its sole discretion upon thirty (30) days prior notice to you. Your right to terminate this Agreement at any time remains unaffected.
  6. This Agreement does not confer and is not intended to confer any right or remedy on any person other than the parties. Without prejudice to the foregoing, the parties agree that the payment card networks are "third party beneficiaries" of this Agreement for the purpose of enforcing the payment provisions, but that their consent or agreement is not required for any changes or amendments to this Agreement.
  7. Unless otherwise specified, all notices or other communications permitted or required by this Agreement shall be in writing and delivered by MASONSHOSPITALITY by e-mail. For notices sent to Members using the site who reside outside Germany, the date on which MASONSHOSPITALITY sends the notice shall be deemed the date of receipt.

1.22. Resolution procedures in the event of diverted payments

  1. If you, as a Host, believe that an Outpayment due to you has been or may be misappropriated without your permission ("Misappropriated Outpayment") because your password or other credentials for logging into your MASONSHOSPITALITY Account ("Credentials") have been lost or stolen, you must notify MASONSHOSPITALITY immediately. As a Host, you may be liable for losses relating to any misappropriated Remittances arising from the use of lost, stolen or misappropriated Credentials (including the loss of a mobile phone on which you use MASONSHOSPITALITY services) or where you have not kept your Credentials secure, up to a maximum of 50 Euros (€). Provided you notify us of any misappropriated Payment without delay and no later than 13 months from the date of payment, you may be entitled to a refund of that payment.
  2. We shall not be liable for any loss arising from : Misappropriated payments if you have engaged in fraudulent conduct or, in the case of wilful and gross negligence, have not used the MASONSHOSPITALITY website and/or Payment Services in accordance with the MASONSHOSPITALITY Terms or our Payment Terms (including the obligation to keep your Login Details secure); or any payment transaction facilitated by us in accordance with information provided by you where such information was incorrect.
  3. If you, as a Host, allege that you did not properly receive a Payment due to you via your chosen Payment Method, MASONSHOSPITALITY will immediately (upon request) endeavour to trace the payment and notify you of the result. Unless we can prove that the payment was received by you via your chosen Payment Method, we will refund the amount.
  4. Any complaints about the Payment Services should be directed to MASONSHOSPITALITY.

1.23. Contact MASONSHOSPITALITY

You can contact MASONSHOSPITALITY regarding Payment Services using the information below:

SAS LAGEDOWR MASONSHOSPITALITY 1 square des lutins 49300 CHOLET, FRANCE

Or by email on our website.

2. CONDITIONS OF SERVICE RELATING TO A LITIGATION

2.1. Definitions of key terms

The following terms, the first letter of which is capitalized, have the meanings set out below:

"Actual Value" means the amount it would cost to repair or replace Covered Property damaged or destroyed as a result of a Covered Loss, estimated on the day such Covered Loss occurred, using materials of equivalent kind and quality, less obsolescence and physical depreciation.

"Loss of Booking Revenue" means the loss of booking revenue from the booked portion of a Covered Accommodation (based in good faith bookings confirmed by MASONSHOSPITALITY, contracts or agreements in place prior to the time of occurrence of the loss), which you as a Host suffer as a result of a Covered Loss. Loss of Booking Revenue does not include non-recurring fees and charges or any loss of booking revenue during a period when the Covered Accommodation could not have been offered for rental for any reason other than the Covered Loss. The Loss of Booking Income will be calculated from the date of occurrence of the Covered Loss and will cease when the Covered Accommodation is once again habitable in the same physical and usage conditions as existed prior to the loss.

"Covered Accommodation" means an Accommodation located in a Territory (see below) which may be used as a residence and which you own or legally control as a Host during the Responsible Traveler's stay in such Accommodation and which you advertise on MASONSHOSPITALITY and which is booked by the Responsible Traveler in accordance with the MASONSHOSPITALITY Terms and Conditions. A vehicle (e.g. but not limited to mobile homes, caravans and similar vehicles) or a floating vehicle (e.g. but not limited to boats, yachts and similar vehicles) booked through the Services constitutes "Covered Accommodation" only to the extent that it is stationary and used solely for accommodation purposes.

"Covered Losses" means exclusively direct physical loss or damage to a Guest's Covered Property caused by the Responsible Traveler or a Guest of the Responsible Traveler during a MASONSHOSPITALITY trip. Covered Losses do not include the losses or damages described below under Excluded Losses.

"Covered Property" means and is limited to the following property located in a Covered Accommodation, to the extent of your interest in the property, unless the property is an Excluded Property (as defined below):

  1. A property, including new buildings and extensions under construction, located on the site of the Covered Accommodation, in which you have an insurable interest.
  2. Personal property:
    1. which you own, including any interest you may have as a tenant in improvements to the property.
    2. property which you do not own but which is in your custody and which you are obliged to insure against loss or damage to property.
    3. which you do not own, but which are in your custody and for which you are legally responsible for loss or damage to property.

"Excluded Losses" has the meaning defined in article III below,

"Excluded Goods" means:

  1. Cash, silver, jewelry, precious metals in the form of bullion, banknotes and securities.
  2. Land, water or any other substance on the property of the accommodation
  3. Pets and any other animals present on the accommodation property.
  4. Trees and crops.
  5. Floating vehicles (nonlimiting example, boats, yachts and similar vehicles), airplanes, spacecraft and satellites. This exclusion for floating vehicles does not apply to any floating vehicle that constitutes Covered Accommodation.
  6. Vehicles, including, but not limited to, Mobile Home, Caravans and similar vehicles, this exclusion does not apply with respect to any vehicle that constitutes Covered Accommodation.
  7. Underground mines or mine shafts or anything inside these mines or shafts.
  8. Dams and dikes.
  9. Goods in transit, unless otherwise stipulated in our General Conditions.
  10. Electricity transmission lines and water and gas supply lines.
  11. Any damage to property that is not related to Covered Accommodation.
  12. Any property owned by someone other than you and over which you have no control.

“Works of Art” means paintings, engravings, printed photos, images, tapestries, rare glass objects or glass art objects, stained glass, valuable carpets, statues, sculptures, antique furniture, jewelry, trinkets, porcelain objects, and all similar goods of a rare nature, having historical or artistic value.

"Guest" means a person invited to the Accommodation Covered by a Responsible Traveler.

“Limited” means 10 Euros (€) or the equivalent in the currency of the Covered Accommodation, at the exchange rate applicable on the date of payment by MASONSHOSPITALITY.

Country where "Normal wear and tear" is located means the deterioration of the condition of an item under normal conditions of use.

"Responsible Traveler" means the traveler who booked your Covered Accommodation during the period during which you incurred the Covered Losses.

"Territory" means the countries where MASONSHOSPITALITY allows the provision of Accommodation.

2.2. Limits and exclusions

The Host Guarantee covers Covered Losses and does not cover the following losses (“Excluded Losses”):

  1. losses caused by a Traveler or a Guest after the expiration of the rental period indicated in the relevant Advert.
  2. loss or damage to the Covered Property resulting from the booking of Covered Accommodation by a Responsible Traveler, beyond the Limit.
  3. with regard to (Works of Art, loss or damage if the Works of Art cannot be replaced by other works of art of similar nature and quality, and any loss or damage incurred during a process of repair, restoration or alteration
  4. losses, damages, costs or expenses of any kind whatsoever, directly or indirectly caused by, related to or resulting from the following:
    1. Excluded Goods;
    2. natural disasters, including but not limited to earthquakes and weather such as hurricanes and tornadoes;
    3. excessive use of electricity, gas, fuel, water or other public services available in the Covered accommodation;
    4. indirect or distant causes; interruption of commercial activity, loss of markets and / or loss of enjoyment, with the exception of the Loss of Booking Income covered by the Host Guarantee;
    5. losses, damage or deterioration resulting from any delay whatsoever;
    6. unexplained disappearances, losses or shortages at the time of the inventory, or any unexplained loss of inventory;
    7. the application of any law or order which regulates the construction, repair, replacement, use or removal of any property, including the removal of debris, or which requires the demolition of an asset, including the cost of removing debris;
    8. animals, including animal injuries, veterinary care, care, medication and any other service associated with animals; or
    9. identity theft or loss,
    10. loss, damage, cost or expense of any kind, directly or indirectly caused by or resulting from the following, regardless of any other cause or event that contributed to it:
    11. an act of hostility or war, an attack, an insurrection or a rebellion;
    12. losses arising from the actual or possible malicious use of toxic biological or chemical products; nuclear reactions or radiation, or radioactive contamination;
    13. seizure or destruction under quarantine rules or customs regulations, or seizure by order of any government or public authority;
    14. smuggling, prohibited transportation or illegal trade;
    15. any dishonest and non-exhaustive act, theft, committed by you or any person or entity engaged by you to do anything related to the Covered Property, unless the persons or entities are a Responsible Traveler or a Guest and that such an act has been committed without your knowledge;
    16. or failure of electricity, fuel, water, gas, steam, refrigerant, sewage system, telephone or internet due to external factors.
  5. the following conditions:
    1. defects in workmanship, materials, construction or design, whatever the cause;
    2. deterioration, impoverishment, rust, corrosion, or erosion, natural defect or hidden defect;
    3. normal wear and tear;
    4. compaction, cracking, contraction, bulging or expansion of foundations, floors, slabs, walls, ceilings or roofs;
    5. changes in temperature or relative humidity;
    6. or damage caused by insects, animals or vermin (including pets); provided that any material damage attributable to any of the above situations is covered by the Host Guarantee.
  6. all losses, damages, claims, costs, expenses or other amounts resulting from or directly or indirectly linked to mold, mildew, fungi, spores or other microorganisms of any type, of any kind or description, and in a non-exhaustive manner, any substance whose presence constitutes a potential or real threat to human health. This exclusion applies even in the event of loss or material damage caused to the Covered Property, of danger or of cause covered by our Conditions, whether or not contributing to it simultaneously or consecutively, to any loss of enjoyment, occupation or functionality, or any necessary action, and in a non-exhaustive manner, repair, replacement, deletion, cleaning, reduction, removal, relocation or measures taken to address a medical or legal concern.
  7. all costs likely to be charged to a Traveler by a Host in respect of additional persons invited, or benefiting, by another means, from access to Covered Accommodation which were not included in the reservation made by the Traveler for Covered Accommodation.
  8. The costs arising from the loss, loss of enjoyment, damage, corruption, inability to access, or inability to process, any "Electronic Data" will not be not paid. "Electronic Data" means information, facts or programs recorded, created or used, or transmitted to or from any Electronic Media. "Electronic Media/Support" means software, including systems and applications, hard drives or floppy disks, CD-ROMs, magnetic tapes, drives, cells, data processing devices, or any other media that is used with electronically controlled equipment.

2.3. Exclusions and limitations of liability

  1. If you choose to use the MASONSHOSPITALITY site as a Host, you do so at your own risk.
  2. You acknowledge and agree, within the limits of the law, to assume all of the risks arising from your access to or use of the MASONSHOSPITALITY site as well as all Accommodation ads and other ads that you have published there. Neither MASONSHOSPITALITY, nor any other party involved in the creation, production or provision of the MASONSHOSPITALITY site will be liable for any damage, including loss of profit, loss of data or loss of customers, interruption service, computer or system outage, or for any loss due to (1) personal or bodily injury or emotional distress attributable to or related to our Terms, (2) use or inability to use the MASONSHOSPITALITY site, (3) communications, interactions or meetings with other users of the MASONSHOSPITALITY site or any other person with whom you communicate or interact as a result of your use of the MASONSHOSPITALITY site, or (4) your Accommodation advertisement through the MASONSHOSPITALITY site. MASONSHOSPITALITY declines all responsibility for the damages described above, whether on the basis of a warranty, a contract, a tort (including negligence), liability for the product or any theory legal, and whether or not MASONSHOSPITALITY has been informed of the possibility of such damage, even if a limited remedy provided herein does not achieve its main objective.
  3. Notwithstanding the obligation of MASONSHOSPITALITY to pay you the sums due within the framework of an Approval of Request for Payment within the framework of the General Conditions of MASONSHOSPITALITY, the responsibility of MASONSHOSPITALITY under (a) the General Conditions of MASONSHOSPITALITY; (b) your use of or inability to use the MASONSHOSPITALITY site, including but not limited to the publication of an Ad; (c) any Accommodation and (d) your interactions with other Members using the site or third parties, may in no case exceed the amounts paid by MASONSHOSPITALITY in your favor during the twelve (12) months preceding the event giving rise to this liability, or one hundred Euros (€ 100), if no such payment has been made, as the case may be. The above limitation of damages is a fundamental part of the agreement between MASONSHOSPITALITY and you.
  4. Some jurisdictions do not allow exclusions or certain limitations of liability. The above limitations may therefore not apply to you. If you live outside of France, this does not change the responsibility of MASONSHOSPITALITY in the event of death or bodily injury or non-bodily injury caused by its negligence, nor in the event of fraud concerning a fundamental question or any other liability which does not may be excluded or limited under applicable law.
  5. If you live in the European Union, MASONSHOSPITALITY can be held liable under legal provisions in the event of willful misconduct and gross negligence committed by us, due to our legal representatives, administrators or agents. This also applies to the presumption of guarantees or to any other objective liability or in the event of an infringement of life, physical integrity and or health. MASONSHOSPITALITY is held liable in the event of unintentional breaches of essential contractual obligations, as a result of our legal representatives, administrators or agents. The essential contractual obligations are the obligations of MASONSHOSPITALITY whose performance you expect. Any other responsibility of MASONSHOSPITALITY is excluded.

2.4. Entire Agreement

These MASONSHOSPITALITY Terms constitute the entire agreement between MASONSHOSPITALITY and you.

2.5. Assignment

In no case may you assign or transfer our General Conditions of MASONSHOSPITALITY, whether by legal or other means, without the prior written consent of MASONSHOSPITALITY. Any attempt on your part to assign or transfer our General Conditions of MASONSHOSPITALITY without prior agreement will be null and void. MASONSHOSPITALITY may assign or transfer these General Terms and Conditions of MASONSHOSPITALITY, in its sole discretion, without any restrictions. Your right to terminate the Agreement with MASONSHOSPITALITY remains intact. In accordance with the stipulations of our Conditions, the General Conditions of MASONSHOSPITALITY are legally binding on you and are established for the benefit of the parties, their successors and assigns.

3. REFUND POLICY FOR TRAVELERS AND HOSTS

These terms and conditions govern MASONSHOSPITALITY's policy on refunds to Travelers ("Traveler Refund Policy") and the obligations of the Host associated with the Traveler Refund Policy. The Traveler Reimbursement Policy applies in addition to the MASONSHOSPITALITY Terms and Conditions. The Traveler Refund Policy is available to Travelers who book and pay for an Accommodation on MASONSHOSPITALITY and experience an Accommodation Problem (as defined below). The Traveler's rights under our Traveler Refund Policy supersede the Host's cancellation policy.

All capitalized words shall have the meaning given to them in the MASONSHOSPITALITY Terms and Conditions (GTS/GTU) or Terms of Payment, unless otherwise defined in this Traveler's Reimbursement Policy.

By using MASONSHOSPITALITY as a Host or Traveler, you indicate that you have read and understand, and agree to be bound by, our Traveler and Host Reimbursement Policy.

3.1 Accommodation Problem

An "Accommodation Problem" means one of the following:

  1. the Host of the Accommodation cancels a reservation shortly before the planned date of the stay, or does not give the Traveler the possibility of accessing the Accommodation (Example: by not providing the keys and / or the code).
  2. the description of the Accommodation in the Ad contains important inaccuracies concerning:
    1. The description of the Accommodation (Example: number and surface area of ​​the bedroom, bathroom, kitchen and / or other rooms),
    2. The fact that the Accommodation actually provided by the Host does not conform to the Accommodation booked by the traveler on the basis of the description in the Host's advertisement. This concerns the entire accommodation, a single room or a shared room.
    3. Equipment or amenities provided in the Ad are not provided or do not work, such as a terrace, a swimming pool, a spa, a bathroom (toilet / shower / tub), a kitchen (sink / stove / refrigerator or other large appliances), electricity, and heating or air conditioning.
    4. The location of the Accommodation.
  3. at the start of the stay booked by the Traveler, the Accommodation is generally not clean and does not present, on the whole, good sanitary conditions, presents a danger to health or safety reasonably likely to have a negative impact on the Traveler's stay in the Accommodation.

3.2. Refund Policy

If a reservation accepted by the Host is subsequently cancelled by the Traveler before 7 full days before the scheduled arrival date, the amounts collected by MASONSHOSPITALITY via MANGOPAY will be refunded to the Traveler as follows: (overnight stay fee + site service fee) - 1 euro service fee retained by MASONSHOSPITALITY.

If a reservation accepted by the Host is subsequently cancelled by the Traveler after 7 full days before the scheduled arrival date, 80% of the overnight stay fee will be refunded to the Traveler, 20% of the overnight stay fee will be paid to the Host as compensation.

MASONSHOSPITALITY will retain the service charge of the site up to a maximum of 10 euros.

If a booking accepted by the Host is cancelled by the Host, the Traveler will be refunded all fees paid at the time of booking. The Host will not be entitled to any financial compensation.

The time required to receive the refund or for the prior authorisation to be lifted will vary depending on the payment method and the rules of any applicable payment system (e.g. Visa, MasterCard, etc.).

3.3. Conditions for submitting a Claim regarding a Hosting Problem

In order to be able to submit a claim regarding an Accommodation Problem and receive the benefits relating to your booking, you must meet each of the following conditions:

(a) you must be the Traveler who booked the Accommodation;

(b) you must notify us of the Accommodation Problem by email or telephone and provide us with information (including photographs or other evidence) about the Accommodation and the circumstances of the Accommodation Problem no later than 24 hours after the commencement of your stay, or, if later, the time at which you become aware of the Accommodation Problem. You must respond to all our requests for further information or co-operation in relation to the Accommodation Problem in question;

(c) you shall not have directly or indirectly caused the Hosting Problem by your actions, omissions or negligence; and

(d) unless MASONSHOSPITALITY has informed you that the Accommodation Problem is irremediable, you must have taken all reasonable steps to remedy the circumstances of the Accommodation Problem with the Host before making a claim in respect of an Accommodation Problem.

3.4. Minimum Quality Standards, Host Responsibilities and Travelers and Hosts Reimbursement

  1. If you are a Host, it is your responsibility to ensure that the Accommodations you offer on MASONSHOSPITALITY meet minimum quality standards regarding access, accuracy of the Ad, safety, cleanliness, and do not cause Accommodation Problems for Travelers. During a Traveler's stay in an Accommodation, the Hosts must make themselves available, or introduce a third party or other available party, to try to resolve any problems of the Travelers in good faith.
  2. If you are a Host and MASONSHOSPITALITY finds that a Traveler has experienced an Accommodation Problem in connection with an Accommodation offered by you and MASONSHOSPITALITY refunds the Traveller (up to the amount of his Total Expenses) or provides him with alternative Accommodation, you agree to refund to MASONSHOSPITALITY the amount paid by MASONSHOSPITALITY within 30 days of MASONSHOSPITALITY's request. If the Traveler is relocated to another Accommodation, you also agree to reimburse MASONSHOSPITALITY for the reasonable additional costs incurred by MASONSHOSPITALITY in relocating the Traveler. You authorise MASONSHOSPITALITY to collect any amount due to MASONSHOSPITALITY, by reducing your Payment or by any other means permitted by the Terms of Payment.
  3. As a Host, you understand that the rights of Travelers under our Traveler Refund Policy supersede your own cancellation policy. If you dispute the Accommodation Problem, you may notify us by email, letter or telephone and provide us with information (including photographs or other evidence) disputing the claims relating to the Accommodation Problem, provided that you have made a good faith effort to remedy the Accommodation Problem with the Traveler prior to disputing the claim associated with the Accommodation Problem.

3.5. General provisions

  1. Our Travelers' Reimbursement Policy is not an offer of insurance, nor is it an insurance policy or contract of insurance, nor does it replace any insurance taken out or that may be taken out by the Traveler, nor has the Traveler paid any premium in connection with the Travelers' Reimbursement Policy. You may not assign the benefits provided by this Traveler Reimbursement Policy.
  2. Modification or Termination. MASONSHOSPITALITY reserves the right to modify or terminate this Travelers' Reimbursement Policy at any time in its sole discretion. If MASONSHOSPITALITY changes this Traveler's Reimbursement Policy, such change will be posted on the MASONSHOSPITALITY website or notified to you, and MASONSHOSPITALITY will continue to process all claims relating to Accommodation Issues made prior to the effective date of the change.
  3. Entire Agreement. This Traveler's Reimbursement Policy represents the complete and only agreement between MASONSHOSPITALITY and Hosts and between MASONSHOSPITALITY and Travelers regarding the Traveler's Reimbursement Policy and supersedes all prior commitments or agreements, whether oral or written, between MASONSHOSPITALITY and you regarding the Traveler's Reimbursement Policy.

3.6 Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with French law and you submit to the exclusive jurisdiction of the courts of ANGERS (49000) FRANCE.

2023 LAGEDOWR SAS. All rights reserved.