AD PLACEMENT AGREEMENT

Identification of involved parties

First, the limited liability partnership JSWR Consulting, registered at Banque Carrefour des Entreprises de Belgique under the number 0846.338.559, located at 4260 BRAIVES, Rue de la Motte 16

hereinafter identified as the Provider

and next, the rental vacation property owner who wishes to list rental advertisements on the website www.fivetrip.com

hereinafter identified as the Owner

Description of the service:

Under the trade name FIVETRIP and via the website www.fivetrip.com, hereinafter identified as the Website, the Provider offers an ad hosting service for professionals who would like to offer vacation home rentals, bed and breakfasts, and other seasonal tourist rentals – hereinafter identified as “Owners.”

In accordance with the April 6, 2010 Law on Market Practices and Consumer Protection (Art. 47, §4, 1): the consumer does not have the right to abandon the purchase.

Article 1: Purpose of the agreement

The Provider supplies a Website where Visitors can learn about advertisements posted by Owners and request a reservation online for free.

The Provider does not interfere in the contractual relationship between the Owner and the Visitor who wishes to rent a property.

The use of the ad hosting Website implies acceptance of these terms and conditions. When opening an account, the Owner is asked to explicitly confirm acceptance of the agreement.

This agreement is permanently available for download (in PDF format) on the Website through the Contract link.

Article 2: Profile and ad accuracy

When creating the profile and, subsequently the ads, the Owner is committed to providing accurate and precise detail updates, in accordance with good morals and which do not infringe on any third parties’ rights.

Personal information relating to the Owner is treated in accordance with the « Privacy Protection Policy » that the Owner is asked to accept when registering on the Website.

The Owner agrees that the rental prices he or she offers via the Website are equal to or lower than the price he or she offers for the same rentals on any other platforms or on his or her own website.

Article 3: Rental application, response time

As soon as a Visitor submits a rental request to an Owner, the Owner is required to respond to the request within 48 hours from the date of the request.

When there is no response within this time limit, the request will automatically be cancelled. If 10 successive requests receive no response within the period prescribed above, within 2 months from the date of the first cancelled request, by law the Provider reserves the right to remove the ads from the Owner and suspend his or her account without warning.

Article 4: Rental request confirmation

The Owner, having accepted a request for a rental to a Visitor, can no longer cancel it and is required to make lodging available.

Article 5: Website availability

The Provider shall implement all means necessary to ensure that the website is accessible 24 hours a day, 7 days a week. However, the Provider reserves the right to interrupt access to the Website for certain reasons, including technical orders. This may be done without prior notice and at any time. The Provider cannot be held responsible for these interruptions and/or their consequences.

The Provider will not be held liable for any inconvenience or damage inherent to the use of the Internet, including an interruption in service, an external intrusion, or the presence of viruses, scam attempts by phishing (or any other technique), diversion or theft of information, or anything classified as force majeure.

Article 6: Responsibility

As a rule, the Provider only has an obligation to make his best efforts, in relation to all services offered via the Website. The Provider’s liability will be limited in any event to direct damages – excluding indirect damages, such as the loss of earnings, increase in overhead costs, loss of profit or customers, expected savings, and claims made by a third party against the Owner.

The Provider solely offers an ad hosting platform allowing Owners and Visitors to get in touch with each other. The Owner is solely responsible for the content of the ad, as well as the actual quality of the rental that he or she offers. The Owner guarantees the Provider will not be held responsible for any claims which may be directed against him or her because of one of his or her ads.

With regard to comments that Visitors can leave on the Website relating to an advertisement, the Provider does not exercise any editing and is regarded as a web hosting service within the meaning of the Law of March 11, 2003 concerning certain legal aspects of services provided by information companies.

Article 7: Early termination of the agreement and Website access restriction

The Owner has the right to terminate the agreement at any time and to withdraw his or her ads.

In the case five negative reviews are accumulated, the Provider reserves the right to make the Owner’s ad(s) unavailable.

When a Visitor sends a complaint directly to the Provider, the Provider will notify the Owner by mail. The Owner will have a period of 10 days from the date the Provider sent the notice to respond to it. If there is no response, the Provider reserves the right to make the Owner’s ads unavailable.

In both cases mentioned above, no compensation any may be claimed by the Owner at that time.

Unless otherwise agreed by the Visitor and the Owner, negative comments published directly through the online platform will remain published in the ad’s comments, in the interest of transparency.

In the case of a judicial summons or at the request of qualified authorities, and even more so in the case of a judicial decision, the Provider reserves the right to make the ads in question inaccessible.

The Provider reserves the right to terminate the contract without notice or refund of payments already received and to restrict future access to the site of any Owner:

Any illegal use of the Website will be the subject of lawsuits and/or criminal complaints to the appropriate authorities.

Article 8 – Intellectual Property

The Website in its entirety – with the exception of ad content – including its architecture, design, ad presentation, interface, databases, name, and domain name, is the exclusive property of the Provider.

No reproduction or communication to the public, full or partial, of the Website or any of its elements may be done without prior written authorization of the Provider.

The Owner claims to be the holder of the intellectual property rights to the content of the ads it offers or has the necessary authorization. He or she grants a limited license to the Provider for the purposes of using the website and guarantees against any complaint from third parties.

Article 9: Applicable law and jurisdiction

Any act, behavior, tolerance, or omission on the part de the Provider shall not be construed as a waiver from the Provider to the full and proper execution of the provisions in these general conditions, as well as the specific conditions that supplement them.

In case of dispute, only the civil and commercial judicial district courts of Liège hold jurisdiction. Belgian law applies, excluding any other.


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