Effective date: 26/04/2021
These General Terms and Conditions of Sale and Use of Services, hereinafter referred to as the « Agreement » or « General Terms », govern all relations between the following Parties:
Prior to any transaction and before continuing to browse the Site, You acknowledge that you have read these General Terms and expressly declare that you accept them as soon as you continue browsing the Site or check the box "I accept the General Terms" when opening an account or using the Site.
The Services of ADAMM are provided through the Site, from which the User can use or order them and access information relating to these Services.
The Site is published and managed by the following association, a party to this Agreement, referred to for simplicity as « ADAMM » in these General Terms: Association ADAMM, whose registered office is located c/o M. Planque, 74410 Saint Jorioz, and registered in the register of associations.
This Agreement aims to describe the terms of sale and use of the Services and the Site and expresses the entirety of the obligations and rights of the Parties.
For a User who is simply a visitor of the Site (without opening an account) and for a User who has opened a so-called "Visitor" account (free), the articles of these General Terms remain valid and apply, except for those concerning payment.
ADAMM offers Listing Services, from individual to individual, for renting, selling or exchanging holiday accommodation. Unlike other generic listing platforms, ADAMM's services are specifically tailored for the associate of a holiday residence organised as a Real Estate Civil Company (SCI) with timeshare enjoyment.
ADAMM is COMPLETELY independent of any residence manager.
ADAMM works to facilitate, at the lowest possible cost, the ability to rent, exchange or sell between private individuals. ADAMM also promotes communication and conviviality between associates and/or holidaymakers of the same residence.
By accepting this Agreement, the User who is an associate of the residence authorises ADAMM to provide technical implementation, mainly through Listings, of their rights to rent, sell, exchange and make the best use of their period of enjoyment of holiday accommodation.
Only a User who owns at least one period in the residence may open an associate account (standard or premium). They must be up to date with the charges for that specific period but also up to date with the charges for any other periods they may also own in that residence, even if they do not link them to their account. Accordingly, the User undertakes on their honour to link to their account only periods of enjoyment of accommodation of which they are the genuine owner and for which they are up to date with all charges.
ADAMM carries out random checks on titles of ownership and payment of charges for a User's linked periods. Upon an unannounced request from ADAMM by email or letter, the User must be able to provide us with a copy of their title(s) of ownership and paid charge statements, and provide us with exact and legible copies by email or by uploading to the Site within a maximum of five (5) days. After this period, the account will be closed without further notice and may only be reopened after these documents have been provided, subject to a variable period of forty-eight (48) hours to ten (10) working days after the supporting documents have been provided. No compensation related to the membership fee may be claimed for this closure period.
Under these General Terms, a User is any natural person aged at least eighteen (18) years. The User must be a private individual, meaning they act for purposes that do not fall within the scope of their commercial, industrial, craft or professional activity. The User acknowledges having full legal capacity to enter into this Agreement.
Furthermore, within the framework of the Services specifically reserved for associates of timeshare residences, any so-called "standard (free) associate" or "premium associate" account must, in addition to the provisions of the preceding paragraph, be opened by the associate who is the genuine holder of the shares, and be managed by them, without a professional intermediary.
Special case: an associate of the residence whose shares are held in joint ownership (indivision) is authorised to open an account in the name of the joint ownership of which they are a part. Only one account is authorised per joint ownership.
Any order for Services must be identified through a User account.
To open an account and before a first transaction, an email address and a password must be entered by the User. A uniqueness check is then carried out by the system. The email address provided becomes the User's main identifier. If the password is lost, the User can click on the "Forgotten password?" link and enter their email address. The User will receive a link allowing them to reset their password. This password, which is strictly personal and confidential, will be requested from the unauthenticated User before each login (except login via a magic link). The User is advised to change their password regularly. The password can be changed in the "My account" section once logged in.
The User acknowledges having read the General Terms and expressly declares their acceptance. This acceptance is given implicitly on each visit and explicitly with each order. In this sense, the User accepts without reservation the entirety of the provisions set out in these General Terms, to the exclusion of any others.
The General Terms are those in force on the date of the visit or the validation of an order by the User. They remain valid for the duration necessary for the provision of the Services subscribed to, until their guarantees expire. The fact that ADAMM does not, at a given time, rely on any of the clauses of the Agreement cannot be interpreted as a waiver of the right to rely on any of the said clauses at a later date.
Unless proven otherwise by the User, the Site's automatic recording systems are considered as proof of the nature, content and date of the Agreement.
ADAMM reserves the right to adapt or amend these General Terms at any time. ADAMM reserves in particular the right to modify and/or discontinue all or part of the Services, at any time, at its sole discretion. The User will be informed of these changes by any appropriate means, at least fifteen (15) days before they take effect. The amended General Terms will apply immediately to any User of the Services as soon as they are published on the Site. A User who does not accept the amended General Terms must unsubscribe from the Services. Any User who uses the Services after the amended General Terms have come into force is deemed to have accepted these changes, which will be fully applicable to them.
ADAMM presents its Services along with detailed descriptions enabling the User to know their essential characteristics before placing a definitive order. The User acknowledges having read, at the time of placing a membership fee order, the specific conditions of use set out on screen (name, cost, features, particularities, etc.) and expressly declares that they accept them without reservation. These services are managed by volunteers of the association; no requirement of "efficiency" may be demanded.
The ADAMM membership fee price is shown on the Site and is stated in Euros, all taxes included (incl. VAT). The membership fee is not subject to French VAT.
To subscribe to a Service, the User must first create a User account from the Site. Creating a (free) visitor account is open to any adult private individual, with no particular restriction. Standard or premium accounts are reserved for associates of the timeshare residence covered by the Site.
To create a standard or premium account, the User must provide their first name, email address and a password. The password is strictly confidential and is not known to ADAMM (it is encrypted before being stored in the user database and will therefore never be requested by phone or email in its unencrypted, so-called "plain text", form). The User is solely responsible for the consequences of the use of their account, until it is deactivated. Furthermore, once their account is open, additional, mandatory information will be requested from the User in order to publish listings (title, first name, surname, telephone number, postal address). The User undertakes to provide truthful and accurate information and to update any change via the "My account" section once logged in. This information is necessary for the management of the site and the relationship between ADAMM and the User. Consequently, failure to provide the requested information is equivalent to waiving the creation and/or use of an account.
The User undertakes to create only one account; ADAMM reserves the right, where applicable, to delete any additional account created by the same User and/or to merge additional accounts to prevent any duplication. The User also accepts that, should ADAMM decide to close or suspend their account, the said User may no longer create a new account on the Site, for an unlimited period. ADAMM reserves the right to delete any new account created by a User whose previous account was deleted by ADAMM. In the case of a standard or premium associate account, the uniqueness check of the account is carried out on the basis of the name and contact details as well as the periods and apartments held.
In the event of non-compliance with the General Terms, the Site reserves the right to deactivate the User's account. In certain cases of non-compliance deemed minor by ADAMM, the closure of the account may be preceded by sending an email or a registered letter with acknowledgement of receipt giving formal notice, which has had no effect for more than fifteen (15) days. Nevertheless, it is specified that in the event of fraud or a clear and significant breach on the part of a User, the account will be deactivated automatically, without notice, without formality and without compensation.
A User wishing to deactivate their account must do so by sending a request by registered letter with acknowledgement of receipt addressed to Customer Service or via the "Contact" section, accessible once logged in and authenticated. The account will be deactivated within a maximum of fifteen (15) working days from receipt of this cancellation letter, and after confirmation of receipt in the case of a request made via the online contact form. A request to deactivate a premium account before the annual membership renewal date does not entitle the User to any pro-rata refund for the remaining time.
Any inactive account may be the subject of an inactivity notification by email from ADAMM, followed by a reminder one month later. The User's account is considered inactive when, at the end of a period of twelve (12) months, it has not been the subject of any login or operation initiated by the User (or any agent) and the User has not made contact with ADAMM in any form whatsoever. After thirty-six (36) months, in accordance with the right to be forgotten, personal data will be anonymised, pseudonymised or deleted according to the nature of the data and in compliance with legal requirements (except for personal data that must be legally retained for a longer period, particularly for invoices).
ADAMM confirms that it has taken into account the User's paid order by sending an automatic email including:
As this email may not reach its destination, for example due to being automatically filed as spam/junk mail, the User may request a duplicate by contacting online support.
ADAMM may subsequently ask the User for proof of identity. In this case, the order will only be definitively confirmed once these documents have been received and validated. The account may be suspended after temporary activation while awaiting these documents. Accordingly, the delivery of the ordered Service may be affected by any delay in transmitting this information.
Furthermore, ADAMM reserves the right not to confirm a membership fee order, in particular in the event of refusal of payment authorisation by officially accredited bodies or in the event of non-payment of a previous order or an ongoing payment dispute. ADAMM will inform the User of this by email. The absence of confirmation by ADAMM cannot be interpreted as confirmation and acceptance of the order.
ADAMM recommends that the User keep a record of the data relating to their order on paper or on a reliable digital medium.
The User explicitly acknowledges that placing a membership fee order entails payment thereof.
Only bank cards, cheques and bank transfers are accepted as payment methods. Accepted bank cards are those issued by banking or payment institutions in a SEPA (Single Euro Payments Area) country, i.e. all European Union countries as well as Iceland, Norway, Liechtenstein and Switzerland. The User must enter their bank card details (card number, expiry date, security code). Payment will be made at the time the Service order is placed.
All bank transactions on the Site are carried out securely. ADAMM uses the SSL (Secure Sockets Layer) protocol on the Site and on that of Paypal, our payment provider. This protocol encrypts information in order to protect all data in general, and in this case data relating to the payment method. The information provided when placing an order (card number and expiry date) is not stored on the Site's servers and ADAMM does not have access to it; only our secure payment provider, Paypal, has access to this sensitive data. To increase security, the User must provide this information with each order.
The User is expressly informed and accepts that all payments made through the Site are handled by the company Paypal, which implies acceptance by the User of their general terms of use available at this address.
The User guarantees to ADAMM that the payment method used is valid and does not result from a fraudulent transaction. In the event of an order that has not been paid in full by the User, ADAMM undertakes to inform the User by email and to ask them to remedy the situation. In the absence of a response or solution, ADAMM reserves the right, in particular, to refuse to fulfil the order or to suspend the User's account. In addition, ADAMM reserves the right to suspend any order in the event of refusal of payment authorisation by financial institutions.
A paying User (and therefore a member of the association) can view their payments under "My subscriptions" in the "My account" section. Payments by bank card are the subject of an additional proof of payment sent by email. For more official proof for a payment by cheque or bank transfer, please make a request via the contact form.
Services reserved for members are immediately available after subscribing online and paying by bank card. This immediate access to the Services is subject to any restrictions relating to non-payment as mentioned in the "Non-payment" paragraph.
Association membership and the Services linked to this premium associate account (paid membership fee) are not automatically renewed without the explicit agreement of the User. A new membership fee must preferably be paid online each year around 1 September in order to continue to benefit from the services reserved for members.
Article L. 221-18 of the French Consumer Code states that the consumer has a period of fourteen (14) days in which to exercise their right of withdrawal from a contract concluded at a distance, without having to justify their decision.
The User must notify ADAMM (at the address indicated in article 7.1) of their decision to withdraw by sending, before the expiry of the aforementioned period, the standard withdrawal form, which can be found on the French public services website https://www.service-public.fr/particuliers/vosdroits/F10485, or an unambiguous statement expressing their wish to withdraw.
The period for exercising the right of withdrawal expires fourteen (14) days after the day on which the User accesses the Service, i.e. immediately after payment by bank card.
The refund of the Service, in the context of exercising the right of withdrawal, will be made by bank transfer once the User has provided their bank details (IBAN/RIB) by registered letter with acknowledgement of receipt or via an email provided by online support. The refund will actually be made within thirty (30) days of receipt of the User's bank details, or after confirmation by ADAMM of proper receipt of the bank details in the case of electronic transmission.
For any question, information or complaint, the association's board is available to the User:
In accordance with the regulations relating to the protection of personal data, the User is informed that ADAMM carries out processing of personal data. To find out more about this data processing and the extent of their rights, the User is invited to refer to the Privacy Policy page (link in the footer) and to accept it.
The text and graphic elements, their arrangement on the Site, and the Site itself are the exclusive property of ADAMM and are protected under applicable copyright law. Logos and distinctive signs are protected under trademark law. Any deterioration of the elements present on the Site or of the Site itself, as well as, in the absence of express authorisation, any reproduction, downloading, copying, modification or commercial use, in whole or in part, of the various elements of the Site, is prohibited and exposes its author(s) to legal proceedings.
By accessing the Site, ADAMM grants you a licence to use it under the following conditions:
Any use of the Site contrary to the provisions of this article constitutes an infringement offence, for which the person who committed such an offence (« Infringer ») may be held to account. Civil and criminal penalties may be imposed on any Infringer.
Any free Service of the Site, accessible with or without an account, may be modified or removed by ADAMM at any time, without notice and without giving rise to any form of compensation.
With regard to a Service linked to association membership, the detailed Service sheet and these General Terms, as at the date of the order, are the only contractual sources.
Furthermore, ADAMM reserves the right, without notice, to make any changes and improvements it deems necessary or useful to its paid Services and/or to temporarily or permanently discontinue a Service or all of its paid Services. ADAMM will not be liable for any damages of any kind that may arise as a result.
In the event of any inability, of any kind, to maintain all of the Services making up the overall offer until the end of the User's annual subscription, the User may request, before their offer expires, a pro-rata refund of the remaining time, following the same procedure as that specified in the "Payment" article under the "Refund" paragraph. The User may not claim any other form of compensation.
As the Services making up the paid offer are constantly evolving, ADAMM may modify, without notice, the technical composition and characteristics of each paid Service during the annual contract. Most of the time, the change will be in the direction of an increase in the quality and/or number of Services making up the overall offer for that prepaid annual period. If one of the Services deemed essential by the User were nevertheless to be removed or altered, and no equivalent were provided by a new Service, the User shall be entitled to request termination of the Agreement and a pro-rata refund of the remaining time, following the same procedure as that specified in the "Payment" article under the "Refund" paragraph.
In all cases, the User accepts, during this prepaid period of the overall Service offer, visual and ergonomic changes to each Service making up the overall Service offer.
ADAMM may be exempted from all or part of its liability by proving that the non-performance or improper performance of the contract is attributable either to the User, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure (as defined by the applicable regulations).
ADAMM is bound only by a best-efforts obligation with regard to the operation and continuity of the Site. ADAMM cannot under any circumstances be held liable for:
It is the User's responsibility to protect their technical equipment, in particular against any form of contamination by viruses and/or attempted intrusion, and to back up their data; ADAMM cannot be held liable in this respect.
The User is solely responsible for the use they make of the Services offered and shall not hold ADAMM liable for any claim and/or proceedings brought against them. Thus, the publication and content of rental, sale, purchase or exchange listings are the sole responsibility of the User.
Furthermore, the User undertakes to personally deal with any claim and/or proceedings brought against ADAMM relating to inappropriate use of the services provided by the User.
The User is informed that general information about holiday residences comes from public information and information provided by the residence's associates. This information may contain errors, and ADAMM disclaims all liability regarding its use, interpretation and any resulting damage.
For the most up-to-date information, the User should contact the author of the Listing they are interested in and/or the manager of the residence appointed by the community of SCI, SCA or SA associates to manage the residence on a day-to-day basis (reception, maintenance, etc.).
ADAMM is not an estate agency. The User acknowledges and accepts that ADAMM acts as a "medium" with regard to the services offered by Users through their Listings, in that it provides Users, through the Site, with the technical means enabling them to get in touch with each other. ADAMM's liability is limited to the provision of these means within the framework of a Listing publication Service.
Users contract directly with each other; ADAMM cannot under any circumstances be party to any dispute whatsoever between Users, in particular concerning the performance of the terms of a Listing, payment for services offered by a User within the framework of a Listing, or any other guarantees, statements or obligations to which Users may be bound in this context.
The User may under no circumstances rely on these provisions to claim, in any way whatsoever, the status of representative, agent or employee of ADAMM, nor commit ADAMM with regard to third parties, beyond the Service provided for by these provisions.
Under this Agreement, no particular legal structure is formed between ADAMM and the User, each retaining their full autonomy and responsibilities. The User acknowledges that ADAMM's Service offers them an additional way of publishing Listings and that this solution cannot replace the other means otherwise available to them to achieve the same objective.
The Site may contain hyperlinks to other Internet sites or applications, which are subject to their own terms of use, in particular concerning the use of your personal data. The User is advised to read the terms of use of these sites, in particular those applicable to their personal data. ADAMM makes no commitment regarding these other websites, whether or not they are commercial partners, which the User may access via the Site, in particular with regard to their content, operation or accessibility, and with regard to the use of the User's personal data by these websites.
Any action by a User intended to restrict or prevent another User from using or enjoying the Site is strictly prohibited. You may not upload malicious code (viruses, trojan horses, etc.) or act in a way that could disable, overload or prevent the proper functioning or appearance of our Services.
ADAMM reminds Users that the Site may only be used for lawful purposes and that it is prohibited to publish or transmit via the Site any unlawful, harmful, defamatory, pornographic, hateful, racist or otherwise offensive content that is contrary to human dignity. Should the Site become aware of the presence of unlawful content on the Site, it shall be entitled to remove such content immediately. The Site also reserves the right to take any measures necessary to enforce its rights. The Site is entitled to carry out electronic monitoring of documents displayed and public areas to check their compliance with the above requirements. It is also prohibited to collect or store personal information about other Users.
The User must not collect data on our Services or access such data by automated means (without our prior authorisation), nor attempt to access data to which they are not authorised to have access.
To help us support our community of visitors and associates, we encourage you to report any behaviour or content that, in your opinion, infringes our General Terms or your rights, including your intellectual property rights.
Viewing listings and contacting the authors of Listings do not require registration or prior opening of an account by a User who is simply a visitor or holidaymaker. Only Exchange Listings require a premium associate account in order to access the contact details of the Listing's author.
Every User is informed that, as on many listing platforms, the genuine ownership status of the period that a Listing author is putting up for rent, exchange or sale is not verified by RESIWIZ. The User who is the author of a Listing declares solely on their honour that they are an associate of the residence, the owner of the period, and up to date with the charges relating to the accommodation featured in the Listing. We only carry out occasional and random checks of Listing authors' titles of ownership and payment of charges.
As the identity of the Listing author and their status as the genuine owner cannot be guaranteed, the User interested in a Listing is invited to satisfy themselves of these details, for example by asking to be emailed a copy of the Listing author's identity card and title of ownership for the period. For rentals, it is also advisable to draw up a rental agreement before making any deposit payment. Furthermore, some bank card payments, via solutions such as Paypal, may offer you cancellation insurance guarantees.
The list of amenities and services normally available for the apartment and the period concerned is automatically inserted below the descriptive content written by the Listing author. As this indicative list may contain errors, a User interested in the Listing must check with the Listing author that any amenity or service important to them is actually available.
For all types of listings (rental, sale, exchange), the list of apartment amenities and the list of residence services is pre-configured, but the User, as the author of a Listing, must check these lists. If any listed items are missing or temporarily or permanently unavailable, the author must indicate this in the content of their listing to avoid any misleading advertising.
The User accepts that their listings may be moderated or « edited » after the fact (spelling mistakes, syntax, removal of prohibited mentions or inappropriate remarks that do not comply with these rules, etc.). « Text-speak » language is not permitted when writing listings.
The User undertakes that any information provided in a Listing shall be true, accurate, complete and up to date.
The User is informed that the Listing is made visible on the Site as soon as the User has saved their Listing.
The User acknowledges and accepts that they are only authorised to publish a single Listing for the same period and apartment in each category (rental, sale, exchange). In other words, two rental, sale or exchange listings for the same period and the same apartment are not permitted, whereas it is possible to offer the same period, of the same apartment, for rental, sale and exchange all at once.
The visitor or associate User acknowledges and accepts that they are only authorised to publish a maximum of three (3) purchase Listings simultaneously. They must nevertheless all differ on major elements (a different period, for example).
The User undertakes not to provide, in the description of a Listing, any element enabling them to be identified and/or located (phone number, email, surname, personal postal address, etc.). Only the fields provided for telephone and email contact details should be used as means of contact. The User is informed that the contact details of authors of exchange listings are only accessible to Users holding a premium associate account.
Once their Listing has been published, the User, as the author of the Listing, has the option to edit their Listing as many times as they wish, subject to certain restrictions so as not to mislead an interested holidaymaker User. Accordingly, the period and the apartment cannot be changed, and only the price, description and contact details can be edited.
The User acknowledges and accepts that they are not authorised to delete a Listing in order to replace it with a new, similar or identical Listing.
In the event of unavailability of the period for the accommodation concerned, the User undertakes to withdraw the Listing as soon as possible.
Photos accompanying any Listing must be royalty-free and must not show recognisable faces unless the right to the image of these persons is guaranteed.
These General Terms do not govern relations between the authors of Listings, who may be regarded as landlords, and interested parties who become tenants of the accommodation covered by such listings.
These General Terms only govern relations between ADAMM and its Users. ADAMM is not a party to the rental agreement concluded between the landlord and the tenant and has no activity other than facilitating them getting in touch with each other. The same applies to sale, purchase and exchange Listings.
The User, as the author of a listing, acknowledges being solely responsible for the content of the published Listing as well as for any document or information they transmit to other Users.
The User guarantees that they hold all the rights or have obtained all the authorisations necessary for the publication of their Listing. As such, the User declares and guarantees that no Listing violates any applicable law or regulation, in particular any tax obligations that may apply to rentals (e.g. tourist tax), nor any rights of third parties, nor any agreement entered into with third parties, such as co-ownership regulations.
By posting any Listing and accepting these General Terms, each User declares that they comply with the obligations set out above, prior to any rental, sale, purchase or exchange that may be promoted via the Site.
ADAMM's liability cannot under any circumstances be engaged for any material and/or non-material damage caused by a tenant or "exchange taker".
This Agreement is governed by French law. In the event of a dispute, the User may first contact ADAMM's Customer Service in order to seek an amicable solution.
Should any provision of this Agreement be declared null or unenforceable pursuant to a law, a regulation, or following a final decision handed down by a competent court, only that provision shall be rendered null, and the other provisions shall retain their full force and effect.
ADAMM undertakes to respond to any reasonable request within a maximum of fifteen (15) working days from the date it is received. This request may be sent to ADAMM's registered office by registered letter with acknowledgement of receipt, or via the contact form. In order to be entitled to a response within the stated timeframe, proper receipt of the request must be confirmed by ADAMM if the request was made via the contact form. Any response from ADAMM will be sent exclusively by electronic means to the main email address indicated in the User's account, or to another email address to be indicated in their request if the User does not hold an account.
In the event of a possible complaint by a European User arising from a paid online membership fee order, they are invited to visit the following website: http://ec.europa.eu/consumers/odr/
In the absence of an amicable agreement between the Parties via one of these voluntary procedures, the dispute shall be submitted to the courts of Paris, France.
-- END --
